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6th Circuit Case Commentaries

“Mini-Cabins Are Houses” – Sixth Circuit Extends Curtilage Protection and Denies Qualified Immunity in Mockeridge v. Harvey

“Mini-Cabins Are Houses” – Sixth Circuit Extends Curtilage Protection and Denies Qualified Immunity in Mockeridge v. Harvey

Date: Aug 13, 2025
“Mini-Cabins Are Houses” – Sixth Circuit Extends Curtilage Protection and Denies Qualified Immunity in Mockeridge v. Harvey Introduction In Michael & Susan Mockeridge v. Harry Harvey, the United...
Sixth Circuit Affirms Fourth-Amendment Protection for Mini-Cabins:
            Warrantless Code-Enforcement Inspections of Curtilage Held Unconstitutional

Sixth Circuit Affirms Fourth-Amendment Protection for Mini-Cabins: Warrantless Code-Enforcement Inspections of Curtilage Held Unconstitutional

Date: Aug 13, 2025
Sixth Circuit Affirms Fourth-Amendment Protection for Mini-Cabins: Warrantless Code-Enforcement Inspections of Curtilage Held Unconstitutional Introduction In Michael & Susan Mockeridge v. Harry...
The Zai Doctrine: Post-Bar-Date Claims Against NCUA Liquidators Bypass Administrative Exhaustion

The Zai Doctrine: Post-Bar-Date Claims Against NCUA Liquidators Bypass Administrative Exhaustion

Date: Aug 13, 2025
The Zai Doctrine: Post-Bar-Date Claims Against NCUA Liquidators Bypass Administrative Exhaustion Introduction In Tina Zai v. National Credit Union Administration Board, the United States Court of...
United States v. Owens – Post-Esteras Limits on § 3553(a)(2)(A) in Supervised-Release Revocations and the Boundaries of Plain-Error Review

United States v. Owens – Post-Esteras Limits on § 3553(a)(2)(A) in Supervised-Release Revocations and the Boundaries of Plain-Error Review

Date: Aug 13, 2025
United States v. Owens – Post-Esteras Limits on § 3553(a)(2)(A) in Supervised-Release Revocations and the Boundaries of Plain-Error Review Introduction United States v. Retsyn Deshawn Owens, No....
“Intent, Not Negligence”: The Sixth Circuit Re-defines Employer Liability for Customer Harassment in Bivens v. Zep, Inc.

“Intent, Not Negligence”: The Sixth Circuit Re-defines Employer Liability for Customer Harassment in Bivens v. Zep, Inc.

Date: Aug 13, 2025
“Intent, Not Negligence”: The Sixth Circuit Re-defines Employer Liability for Customer Harassment in Bivens v. Zep, Inc. 1. Introduction In Dorothy Bivens v. Zep, Inc., the United States Court of...
Bledsoe v. FCA US, LLC – Sixth Circuit Refines the Two-Step Test for Clean Air Act Conflict-Preemption and Confirms a Safe-Harbor for Fuel-Economy Misrepresentation Claims

Bledsoe v. FCA US, LLC – Sixth Circuit Refines the Two-Step Test for Clean Air Act Conflict-Preemption and Confirms a Safe-Harbor for Fuel-Economy Misrepresentation Claims

Date: Aug 13, 2025
Bledsoe v. FCA US, LLC – Sixth Circuit Refines the Two-Step Test for Clean Air Act Conflict-Preemption and Confirms a Safe-Harbor for Fuel-Economy Misrepresentation Claims Introduction In James...
United States v. Singh: Sixth Circuit Mandates a “Bryan-Level” Willfulness Instruction and Reinforces Evidentiary Guardrails in Healthcare-Fraud Prosecutions

United States v. Singh: Sixth Circuit Mandates a “Bryan-Level” Willfulness Instruction and Reinforces Evidentiary Guardrails in Healthcare-Fraud Prosecutions

Date: Aug 13, 2025
United States v. Singh: Sixth Circuit Mandates a “Bryan-Level” Willfulness Instruction and Reinforces Evidentiary Guardrails in Healthcare-Fraud Prosecutions Introduction In United States v. Ankita...
United States v. Hinds: Sixth Circuit Clarifies Harmless-Error Review after Erlinger and Re-Affirms State Enforcement of Federal Marijuana Law

United States v. Hinds: Sixth Circuit Clarifies Harmless-Error Review after Erlinger and Re-Affirms State Enforcement of Federal Marijuana Law

Date: Aug 13, 2025
United States v. Hinds: Sixth Circuit Clarifies Harmless-Error Review after Erlinger and Re-Affirms State Enforcement of Federal Marijuana Law Introduction In United States v. Michael Hinds, the...
United States v. Hinds: Sixth Circuit Clarifies Harmless-Error Review After Erlinger for ACCA “Different-Occasions” Element

United States v. Hinds: Sixth Circuit Clarifies Harmless-Error Review After Erlinger for ACCA “Different-Occasions” Element

Date: Aug 13, 2025
United States v. Hinds: Sixth Circuit Clarifies Harmless-Error Review After Erlinger for ACCA “Different-Occasions” Element Introduction In United States v. Michael Hinds, the Court of Appeals for...
United States v. VanOchten – The Sixth Circuit Confirms Conditional Disarmament of “Dangerous” Drug-Users Under 18 U.S.C. § 922(g)(3)

United States v. VanOchten – The Sixth Circuit Confirms Conditional Disarmament of “Dangerous” Drug-Users Under 18 U.S.C. § 922(g)(3)

Date: Aug 13, 2025
United States v. VanOchten – The Sixth Circuit Confirms Conditional Disarmament of “Dangerous” Drug-Users Under 18 U.S.C. § 922(g)(3) 1. Introduction In United States v. Terrence Wayne VanOchten, No....
Clarifying “Dangerous and Unusual”: Sixth Circuit Affirms Constitutionality of the Federal Machine-Gun Ban After Bruen

Clarifying “Dangerous and Unusual”: Sixth Circuit Affirms Constitutionality of the Federal Machine-Gun Ban After Bruen

Date: Aug 13, 2025
Clarifying “Dangerous and Unusual”: Sixth Circuit Affirms Constitutionality of the Federal Machine-Gun Ban After Bruen 1. Introduction Court: U.S. Court of Appeals for the Sixth Circuit | Caption:...
“Fair-Chance” Actuarial Estimates: The Sixth Circuit’s 50/50 Rule for ERISA Withdrawal Liability — Ace-Saginaw Paving Co. v. Operating Engineers Local 324 Pension Fund

“Fair-Chance” Actuarial Estimates: The Sixth Circuit’s 50/50 Rule for ERISA Withdrawal Liability — Ace-Saginaw Paving Co. v. Operating Engineers Local 324 Pension Fund

Date: Aug 13, 2025
“Fair-Chance” Actuarial Estimates: The Sixth Circuit’s 50/50 Rule for ERISA Withdrawal Liability — Ace-Saginaw Paving Co. v. Operating Engineers Local 324 Pension Fund Introduction Ace-Saginaw Paving...
“The 50/50 Best-Estimate Rule”: Commentary on Ace-Saginaw Paving Co. v. Operating Engineers Local 324 Pension Fund

“The 50/50 Best-Estimate Rule”: Commentary on Ace-Saginaw Paving Co. v. Operating Engineers Local 324 Pension Fund

Date: Aug 13, 2025
“The 50/50 Best-Estimate Rule” under ERISA § 1393: A Comprehensive Commentary on Ace-Saginaw Paving Co. v. Operating Engineers Local 324 Pension Fund, 25 F.4th 1288 (6th Cir. 2025) Introduction...
No Associational Standing Without a Direct Nexus: Sixth Circuit Bars Forum-Shopping by Regional Trade Associations

No Associational Standing Without a Direct Nexus: Sixth Circuit Bars Forum-Shopping by Regional Trade Associations

Date: Aug 13, 2025
No Associational Standing Without a Direct Nexus: Sixth Circuit Bars Forum-Shopping by Regional Trade Associations Introduction In Dayton Area Chamber of Commerce v. Robert F. Kennedy, Jr., No....
“Direct-Government-Notice” Rule for Pleading Manufacturer Knowledge – A Commentary on Jodi Tapply v. Whirlpool Corp., 25a0212p.06 (6th Cir. 2025)

“Direct-Government-Notice” Rule for Pleading Manufacturer Knowledge – A Commentary on Jodi Tapply v. Whirlpool Corp., 25a0212p.06 (6th Cir. 2025)

Date: Aug 13, 2025
“Direct-Government-Notice” Rule for Pleading Manufacturer Knowledge Commentary on Jodi Tapply v. Whirlpool Corp., Sixth Circuit, No. 23-1666 (Aug. 6 2025) 1. Introduction In Jodi Tapply v. Whirlpool...
Limiting Retributive Considerations in Supervised-Release Revocations: United States v. Hoyle (6th Cir. 2025)

Limiting Retributive Considerations in Supervised-Release Revocations: United States v. Hoyle (6th Cir. 2025)

Date: Aug 13, 2025
Limiting Retributive Considerations in Supervised-Release Revocations: United States v. Hoyle (6th Cir. 2025) 1. Introduction On 6 August 2025, the United States Court of Appeals for the Sixth...
United States v. Hoyle: Post-Esteras Prohibition on § 3553(a)(2)(A) Factors in Supervised-Release Revocation Sentences

United States v. Hoyle: Post-Esteras Prohibition on § 3553(a)(2)(A) Factors in Supervised-Release Revocation Sentences

Date: Aug 13, 2025
United States v. Hoyle: Post-Esteras Prohibition on § 3553(a)(2)(A) Factors in Supervised-Release Revocation Sentences 1. Introduction United States v. Malcolm L. Hoyle, Nos. 23-3977/3978 (6th Cir....
United States v. Abbott: Sixth Circuit Broadens Prosecutorial Latitude on Joinder and 404(b) Intent Evidence in Civil-Rights Prosecutions

United States v. Abbott: Sixth Circuit Broadens Prosecutorial Latitude on Joinder and 404(b) Intent Evidence in Civil-Rights Prosecutions

Date: Aug 13, 2025
United States v. Abbott: Sixth Circuit Broadens Prosecutorial Latitude on Joinder and 404(b) Intent Evidence in Civil-Rights Prosecutions 1. Introduction In United States v. Tanner M. Abbott (6th...
Clarifying Standing and Upholding Consent-Conditioned Rental Inspections: The Sixth Circuit’s Decision in Herschfus v. City of Oak Park (2025)

Clarifying Standing and Upholding Consent-Conditioned Rental Inspections: The Sixth Circuit’s Decision in Herschfus v. City of Oak Park (2025)

Date: Aug 7, 2025
Clarifying Standing and Upholding Consent-Conditioned Rental Inspections: The Sixth Circuit’s Decision in Herschfus v. City of Oak Park (2025) 1. Introduction In Brian H. Herschfus v. City of Oak...

        “No Implied Release without Express Words”: Sixth Circuit Clarifies UCC § 9-315 and 
        the Buyer-in-Ordinary-Course Defense in HBKY, LLC v. Elk River Export, LLC

“No Implied Release without Express Words”: Sixth Circuit Clarifies UCC § 9-315 and the Buyer-in-Ordinary-Course Defense in HBKY, LLC v. Elk River Export, LLC

Date: Aug 7, 2025
“No Implied Release without Express Words”: Sixth Circuit Clarifies UCC § 9-315 and the Buyer-in-Ordinary-Course Defense in HBKY, LLC v. Elk River Export, LLC I. Introduction HBKY, LLC v. Elk River...
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