6th Circuit Case Commentaries

Good-Faith Reliance Upheld Despite Conceded Lack of Probable Cause Where Affidavit Shows a “Minimally Sufficient Nexus” and No Evidence of Systemic Negligence

Date: Jun 6, 2026

Good-Faith Reliance Upheld Despite Conceded Lack of Probable Cause Where Affidavit Shows a “Minimally Sufficient Nexus” and No Evidence of Systemic Negligence I. Introduction In United States v....

Forum-Rate Presumption in TILA Fee Awards: Laffey Rates Require a Specific Necessity Showing (Except for Necessary Out-of-Town Specialists)

Date: Jun 6, 2026

Forum-Rate Presumption in TILA Fee Awards: Laffey Rates Require a Specific Necessity Showing (Except for Necessary Out-of-Town Specialists) I. Introduction In William Klopfenstein v. Fifth Third Bank...

Transcripts + Plea Admissions Can Sustain U.S.S.G. § 2D1.1(b)(2) “Credible Threat” Enhancement Under the Low Sentencing-Reliability Threshold

Date: Jun 5, 2026

Transcripts + Plea Admissions Can Sustain U.S.S.G. § 2D1.1(b)(2) “Credible Threat” Enhancement Under the Low Sentencing-Reliability Threshold I. Introduction In United States v. Jerry Baker (6th Cir....

Ordinary Financial and Emotional Consequences—Plus Speculative Spousal Depression—Do Not Establish “Exceptional and Extremely Unusual Hardship” for Non-LPR Cancellation

Date: Jun 5, 2026

Ordinary Financial and Emotional Consequences—Plus Speculative Spousal Depression—Do Not Establish “Exceptional and Extremely Unusual Hardship” for Non-LPR Cancellation 1. Introduction Isidro...

Enforcing Appeal Waivers and Rule 11’s “Low Bar” Factual-Basis Standard After a Plea-Withdrawal Breach

Date: Jun 4, 2026

Enforcing Appeal Waivers and Rule 11’s “Low Bar” Factual-Basis Standard After a Plea-Withdrawal Breach I. Introduction In United States v. Justin Deshun Stiger (6th Cir. June 2, 2026), the Sixth...

Uncorroborated and Inconsistent Evidence Cannot Establish Pretext in FMLA Interference/Retaliation Claims

Date: Jun 3, 2026

Uncorroborated and Inconsistent Evidence Cannot Establish Pretext in FMLA Interference/Retaliation Claims Case: Richard Thistlethwaite v. Pace Air Freight, Inc. Court: Court of Appeals for the Sixth...

Entrapment Instructions Are Count- and Time-Specific: No Inducement Once Defendant Knowingly “Takes the Informant’s Money”

Date: Jun 2, 2026

Entrapment Instructions Are Count- and Time-Specific: No Inducement Once Defendant Knowingly “Takes the Informant’s Money” Case: United States v. Gary Warick (6th Cir. May 28, 2026) (not recommended...

Credible Testimony Is Not Enough: Corroboration May Be Required, and Cross-Examination Can Supply the “Opportunity to Explain”

Date: Jun 2, 2026

Credible Testimony Is Not Enough: Corroboration May Be Required, and Cross-Examination Can Supply the “Opportunity to Explain” Case: Odinaka Ethelberth Nwosu v. Todd W. Blanche, Acting U.S. Attorney...

§ 4261 “Ticket Tax” Covers Flight-by-Flight Usage Charges, Not Fixed Fractional-Jet Management Fees (and Requires “Precise and Not Speculative” Notice to Third-Party Collectors)

Date: Jun 2, 2026

§ 4261 “Ticket Tax” Covers Flight-by-Flight Usage Charges, Not Fixed Fractional-Jet Management Fees (and Requires “Precise and Not Speculative” Notice to Third-Party Collectors) Case: Flight Options,...

Temporal Proximity Cannot Prove Retaliation Where Termination Was Already Contemplated; Pretext Evidence Cannot Substitute for Comparator Proof

Date: Jun 2, 2026

Temporal Proximity Cannot Prove Retaliation Where Termination Was Already Contemplated; Pretext Evidence Cannot Substitute for Comparator Proof 1. Introduction In Savannah Moton v. Amer Sports Winter...

United States v. Arnold: Passenger Standing Limits and Probable-Cause Sufficiency for Gang-Related Cell-Phone Searches and Trial Evidence

Date: Jun 2, 2026

United States v. Arnold: Passenger Standing Limits and Probable-Cause Sufficiency for Gang-Related Cell-Phone Searches and Trial Evidence Court: U.S. Court of Appeals for the Sixth Circuit Date: May...

Passenger Standing Limits and LEIN/Flight-Based Probable Cause for Phone Searches in Gang Prosecutions

Date: Jun 2, 2026

Passenger Standing Limits and LEIN/Flight-Based Probable Cause for Phone Searches in Gang Prosecutions 1. Introduction United States v. Billy Darrell Arnold (6th Cir. May 29, 2026) arises from a...

Specificity Required to Dispute PSR Facts: Sixth Circuit Upholds Limited Reliance on Police Reports and Above-Guidelines Variances

Date: Jun 2, 2026

Specificity Required to Dispute PSR Facts: Sixth Circuit Upholds Limited Reliance on Police Reports and Above-Guidelines Variances 1. Introduction In United States v. Juan Cabrera-Claros (6th Cir....

ADA Pleading Rule: Failure-to-Accommodate Requires Specific Accommodation Facts; “Throwaway” Leave-to-Amend Requests May Be Denied

Date: Jun 2, 2026

ADA Pleading Rule: Failure-to-Accommodate Requires Specific Accommodation Facts; “Throwaway” Leave-to-Amend Requests May Be Denied Case: Daniel Lonergan v. Gallagher Sharp, LLP Court: United States...

United States v. Stevenson: “Punitive” Language at Revocation Does Not Establish Plain Error Absent Clear Reliance on § 3553(a)(2)(A)

Date: Jun 2, 2026

United States v. Stevenson: “Punitive” Language at Revocation Does Not Establish Plain Error Absent Clear Reliance on § 3553(a)(2)(A) 1. Introduction United States v. Keshonn David Stevenson is a...

Plain-Error Limits on Retribution in Supervised-Release Revocations After Esteras

Date: Jun 2, 2026

Plain-Error Limits on Retribution in Supervised-Release Revocations After Esteras 1. Introduction In United States v. Keshonn David Stevenson (6th Cir. May 28, 2026), the Sixth Circuit addressed a...

Charging-Lien Attorney Bears Burden to Prove Oral Fee Terms and Hours; Courts May Resolve Credibility Conflicts Using Course-of-Dealing Evidence and Electronic Activity Audits

Date: Jun 2, 2026

Charging-Lien Attorney Bears Burden to Prove Oral Fee Terms and Hours; Courts May Resolve Credibility Conflicts Using Course-of-Dealing Evidence and Electronic Activity Audits 1. Introduction In...

Ohio Identity Fraud Is a CIMT Barring Non-LPR Cancellation; Late Collateral Attacks Do Not Establish “Good Cause” for a Continuance

Date: Jun 2, 2026

Ohio Identity Fraud Is a CIMT Barring Non-LPR Cancellation; Late Collateral Attacks Do Not Establish “Good Cause” for a Continuance Case: Alicia Hernandez-Mendez v. Todd Blanche (6th Cir. May 28,...

Early Termination of Supervised Release: “Exceptional” Conduct Not Required, but “Ordinary Compliance” May Be Outweighed by § 3553(a) Factors

Date: Jun 2, 2026

Early Termination of Supervised Release: “Exceptional” Conduct Not Required, but “Ordinary Compliance” May Be Outweighed by § 3553(a) Factors Case: United States v. Steven Flowers (6th Cir. May 28,...

Sixth Circuit: Diversity Jurisdiction Over Lloyd’s Syndicates Requires Citizenship of Each Underwriting Name (Not the Managing Agent)

Date: Jun 2, 2026

Sixth Circuit: Diversity Jurisdiction Over Lloyd’s Syndicates Requires Citizenship of Each Underwriting Name (Not the Managing Agent) I. Introduction In Julie Schulz Halbower v. Hiscox Syndicate 33...