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  • Commentaries
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6th Circuit Case Commentaries

United States v. Grayson – Sixth Circuit Re-Affirms the “Clean-Hands” Exception and Sets a Modern Standard for Authenticating Fragmented Digital Recordings

United States v. Grayson – Sixth Circuit Re-Affirms the “Clean-Hands” Exception and Sets a Modern Standard for Authenticating Fragmented Digital Recordings

Date: Aug 19, 2025
United States v. Grayson – Sixth Circuit Re-Affirms the “Clean-Hands” Exception and Sets a Modern Standard for Authenticating Fragmented Digital Recordings Introduction In United States v. Ashley...
Machineguns Beyond Second-Amendment Protection: The Sixth Circuit’s Post-Bruen Reaffirmation in United States v. Brown

Machineguns Beyond Second-Amendment Protection: The Sixth Circuit’s Post-Bruen Reaffirmation in United States v. Brown

Date: Aug 19, 2025
Machineguns Beyond Second-Amendment Protection: The Sixth Circuit’s Post-Bruen Reaffirmation in United States v. Brown 1. Introduction On 14 August 2025 the United States Court of Appeals for the...
“Harmless-Error” after Erlinger: The Sixth Circuit’s Two-Track Approach in United States v. Durham & Barnes

“Harmless-Error” after Erlinger: The Sixth Circuit’s Two-Track Approach in United States v. Durham & Barnes

Date: Aug 19, 2025
“Harmless-Error” after Erlinger: The Sixth Circuit’s Two-Track Approach in United States v. Nathaniel Durham 1. Introduction The consolidated appeal of United States v. Durham & Barnes (Nos....

    Sixth Circuit Refines Harmless-Error Doctrine after Erlinger:  
    A Two-Tier Approach to “Different Occasions” under the ACCA

Sixth Circuit Refines Harmless-Error Doctrine after Erlinger: A Two-Tier Approach to “Different Occasions” under the ACCA

Date: Aug 19, 2025
Sixth Circuit Refines Harmless-Error Doctrine after Erlinger: A Two-Tier Approach to “Different Occasions” under the ACCA Introduction In United States v. Phillip Barnes (consolidated with United...
The “Direct-Connection” Doctrine: Sixth Circuit Confirms FCC Authority to Mandate PII-Breach Reporting and Clarifies the Scope of CRA Disapprovals

The “Direct-Connection” Doctrine: Sixth Circuit Confirms FCC Authority to Mandate PII-Breach Reporting and Clarifies the Scope of CRA Disapprovals

Date: Aug 15, 2025
The “Direct-Connection” Doctrine: Sixth Circuit Confirms FCC Authority to Mandate PII-Breach Reporting and Clarifies the Scope of CRA Disapprovals Introduction In CTIA – The Wireless Association v....
The Sixth Circuit’s Two-Step Test for Affiliated Ute in Mixed Securities-Fraud Cases – Commentary on Diane Owens v. FirstEnergy Corp.

The Sixth Circuit’s Two-Step Test for Affiliated Ute in Mixed Securities-Fraud Cases – Commentary on Diane Owens v. FirstEnergy Corp.

Date: Aug 15, 2025
The Sixth Circuit’s Two-Step Test for Applying the Affiliated Ute Presumption in Mixed Omission / Misrepresentation Securities-Fraud Actions 1. Introduction In Diane Owens v. FirstEnergy Corporation,...
Mixed Securities-Fraud Actions After Owens v. FirstEnergy: The Sixth Circuit’s Two-Step Test for Affiliated Ute and the Reaffirmed Comcast Damages Mandate

Mixed Securities-Fraud Actions After Owens v. FirstEnergy: The Sixth Circuit’s Two-Step Test for Affiliated Ute and the Reaffirmed Comcast Damages Mandate

Date: Aug 15, 2025
Mixed Securities-Fraud Actions After Owens v. FirstEnergy: The Sixth Circuit’s Two-Step Test for Affiliated Ute and the Reaffirmed Comcast Damages Mandate 1. Introduction In Diane Owens v....
The Sixth Circuit’s Two-Step Test for Affiliated Ute in Mixed Securities-Fraud Actions: Commentary on Diane Owens v. FirstEnergy Corp.

The Sixth Circuit’s Two-Step Test for Affiliated Ute in Mixed Securities-Fraud Actions: Commentary on Diane Owens v. FirstEnergy Corp.

Date: Aug 15, 2025
The Sixth Circuit’s Two-Step Test for Affiliated Ute in Mixed Securities-Fraud Actions (Commentary on Diane Owens v. FirstEnergy Corporation, 23-3940/3943/3945/3946/3947, 6th Cir. Aug. 13 2025) 1....
Refining Reliance: Sixth Circuit Establishes Two-Step, Four-Factor Framework for Affiliated Ute Presumption in Mixed Securities-Fraud Cases

Refining Reliance: Sixth Circuit Establishes Two-Step, Four-Factor Framework for Affiliated Ute Presumption in Mixed Securities-Fraud Cases

Date: Aug 15, 2025
Refining Reliance: Sixth Circuit Establishes Two-Step, Four-Factor Framework for Affiliated Ute Presumption in Mixed Securities-Fraud Cases Introduction In Diane Owens v. FirstEnergy Corporation, the...
“Primarily Omissions” Re-Defined: Sixth Circuit’s Two-Step Test for Affiliated Ute and Rigorous Comcast Damages Review in Diane Owens v. FirstEnergy

“Primarily Omissions” Re-Defined: Sixth Circuit’s Two-Step Test for Affiliated Ute and Rigorous Comcast Damages Review in Diane Owens v. FirstEnergy

Date: Aug 15, 2025
“Primarily Omissions” Re-Defined: Sixth Circuit’s Two-Step Test for Affiliated Ute and Rigorous Comcast Damages Review in Diane Owens v. FirstEnergy 1. Introduction The United States Court of Appeals...
Reaffirming Exhaustion via Ginther Motions: Sixth Circuit Clarifies § 2254 Procedure in Fischer v. Nagy

Reaffirming Exhaustion via Ginther Motions: Sixth Circuit Clarifies § 2254 Procedure in Fischer v. Nagy

Date: Aug 15, 2025
Reaffirming Exhaustion via Ginther Motions: Sixth Circuit Clarifies § 2254 Procedure in Fischer v. Nagy 1 Introduction The United States Court of Appeals for the Sixth Circuit has once again...
Heiney v. Moore: Sixth Circuit Declines to Extend the Adams “Entire-Transcript” Rule to Trial Exhibits in § 2254 Habeas Review

Heiney v. Moore: Sixth Circuit Declines to Extend the Adams “Entire-Transcript” Rule to Trial Exhibits in § 2254 Habeas Review

Date: Aug 15, 2025
Heiney v. Moore: Sixth Circuit Declines to Extend the Adams “Entire-Transcript” Rule to Trial Exhibits in § 2254 Habeas Review Introduction Jake Paul Heiney, an orthopedic surgeon convicted in Ohio...
Beyond CPNI: Sixth Circuit Confirms FCC’s § 201(b) Power to Regulate PII Breach Reporting and Narrows the CRA “Substantially-the-Same” Bar

Beyond CPNI: Sixth Circuit Confirms FCC’s § 201(b) Power to Regulate PII Breach Reporting and Narrows the CRA “Substantially-the-Same” Bar

Date: Aug 15, 2025
Beyond CPNI: Sixth Circuit Confirms FCC’s § 201(b) Power to Regulate PII Breach Reporting and Narrows the CRA “Substantially-the-Same” Bar Introduction In Ohio Telecom Association v. FCC, Nos....
Re-affirming Nexus and Particular-Social-Group Precision: The Significance of Aguilar-Mejia v. Bondi (6th Cir. 2025)

Re-affirming Nexus and Particular-Social-Group Precision: The Significance of Aguilar-Mejia v. Bondi (6th Cir. 2025)

Date: Aug 15, 2025
Re-affirming Nexus and Particular-Social-Group Precision: Aguilar-Mejia v. Bondi and the Sixth Circuit’s 2025 Guidance on Gang-Related Asylum Claims 1. Introduction Case: Pedro Aguilar-Mejia v....
Broad Authority Confirmed: Sixth Circuit Affirms FCC Power under § 201(b) to Mandate Data-Breach Reporting of PII

Broad Authority Confirmed: Sixth Circuit Affirms FCC Power under § 201(b) to Mandate Data-Breach Reporting of PII

Date: Aug 15, 2025
Broad Authority Confirmed: Sixth Circuit Affirms FCC Power under § 201(b) to Mandate Data-Breach Reporting of PII Introduction Texas Association of Business v. FCC consolidates three petitions for...
Sixth Circuit Clarifies that Umbrella Policies Do Not “Drop-Down” to Provide Underinsured-Motorist Coverage Absent Clear Incorporation Language

Sixth Circuit Clarifies that Umbrella Policies Do Not “Drop-Down” to Provide Underinsured-Motorist Coverage Absent Clear Incorporation Language

Date: Aug 15, 2025
Sixth Circuit Clarifies that Umbrella Policies Do Not “Drop-Down” to Provide Underinsured-Motorist Coverage Absent Clear Incorporation Language Introduction Thomas Rable, as administrator of the...
“The Mercer-Kinser Rule” –  Sixth Circuit Endorses Use of Bookmarks and Sexualized Texts to Prove Knowledge and Intent in Digital-Age Child-Pornography Prosecutions

“The Mercer-Kinser Rule” – Sixth Circuit Endorses Use of Bookmarks and Sexualized Texts to Prove Knowledge and Intent in Digital-Age Child-Pornography Prosecutions

Date: Aug 15, 2025
“The Mercer-Kinser Rule” – Sixth Circuit Endorses Use of Bookmarks and Sexualized Texts to Prove Knowledge and Intent in Digital-Age Child-Pornography Prosecutions 1. Introduction United States v....

“The Contextual-Trauma Test” – The Sixth Circuit’s New Twist on Tinker in C.S. v. McCrumb

“The Contextual-Trauma Test” – The Sixth Circuit’s New Twist on Tinker in C.S. v. McCrumb

Date: Aug 14, 2025
“The Contextual-Trauma Test” – The Sixth Circuit’s New Twist on Tinker in C.S. v. McCrumb 1. Introduction In C.S. v. Craig McCrumb, the United States Court of Appeals for the Sixth Circuit refused to...
Beyond the Poisoned Well: Sixth Circuit Extends “Bodily-Integrity” Liability to Officials Who Mislead the Public About Naturally-Occurring Environmental Hazards

Beyond the Poisoned Well: Sixth Circuit Extends “Bodily-Integrity” Liability to Officials Who Mislead the Public About Naturally-Occurring Environmental Hazards

Date: Aug 14, 2025
Beyond the Poisoned Well: Sixth Circuit Extends “Bodily-Integrity” Liability to Officials Who Mislead the Public About Naturally-Occurring Environmental Hazards 1. Introduction The Sixth Circuit’s...
McLemore v. Gumucio: Sixth Circuit Reaffirms the Conduct–Speech Divide—Auctioneer Licensing Schemes Trigger Only Rational-Basis Review

McLemore v. Gumucio: Sixth Circuit Reaffirms the Conduct–Speech Divide—Auctioneer Licensing Schemes Trigger Only Rational-Basis Review

Date: Aug 14, 2025
McLemore v. Gumucio: Sixth Circuit Reaffirms the Conduct–Speech Divide— Auctioneer Licensing Schemes Trigger Only Rational-Basis Review 1. Introduction The United States Court of Appeals for the...
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