Qualified Immunity for Escalating Force During an Interrupted Frisk When the Suspect Flees and Actively Resists 1. Introduction In Fahirri Dannah v. City of Grand Rapids, Michigan, et al., the Sixth...
Ohio Voluntary-Payment Doctrine in Standard-Form Contracts: Certification on “Relevant Facts” and Conflicting Price Terms 1. Introduction Klopfenstein, et al. v. Fifth Third Bank arises from Fifth...
Certification on Ohio’s Voluntary-Payment Defense: “Relevant Facts” and Conflicting Price Terms in Adhesion Contracts Case: William Klopfenstein v. Fifth Third Bank (Nos. 24-3955/3974) Court: U.S....
De Novo Remand Permits First-Time MVRA Restitution Despite Prior Government Disavowal, but Restitution Amount Must Follow MVRA/Rule 32 Disclosure Procedures Introduction In United States v. Radu...
Michigan GPTA Tax-Foreclosure Title Vesting Can Be Avoided as a § 547 Preference When the County’s 5% Sales Commission Makes It “More Than” a Chapter 7 Recovery 1. Introduction In Carrie Reinhardt v....
Copyright Ownership Claims Accrue Only Upon Contextual “Plain and Express Repudiation,” Not Mere Royalty Nonpayment Where Parties Acted Under a Purported Contract Case: Estate of George Worrell, Jr....
Mid-Conspiracy Relationship Evidence Is “Intrinsic,” Not Rule 404(b) Other-Acts Evidence Introduction In United States v. Ricardo Davalos Martinez (6th Cir. May 26, 2026) (unpublished), the Sixth...
Rehabilitation in § 3582(c)(2) Resentencing: A Misplaced “Rehabilitation Alone” Quote Is Not Reversible Error When the Court Actually Weighs Rehabilitation and Misconduct Under § 3553(a) Case: United...
Flood-Resulting Sewer Backups Fall Within Flood Exclusions Despite Sewer-Backup Extensions (and Metadata Can Defeat “Self-Serving” Causation Proof at Summary Judgment) Case: Express Jewelry Enters....
Standing to Enjoin State Constitutional Provisions Requires Defendant-Specific Enforcement Authority, Not General Executive Duty Case: Right to Life of Mich. v. Gretchen Whitmer (6th Cir. May 26,...
Interlocutory Limits in Wrongful-Conviction § 1983 Appeals: No Heck Review, No Evidentiary Admissibility Review, and No Preclusion from Vacated Convictions 1. Introduction Marvin Cotton and Anthony...
Sixth Circuit Reinforces Deferential Substantive-Reasonableness Review: No Appellate “Reweighing” of § 3553(a) After a Reasoned Downward Variance 1. Introduction In United States v. Adam Kline (6th...
De Facto Control—Not Ownership—Sustains the §2D1.1(b)(12) Drug-Premises Enhancement for “Trap/Stash” Houses (and Forfeited Sufficiency Claims Receive Only Manifest-Miscarriage Review) I. Introduction...
No Equitable Tolling of the 30-Day Removal Deadline and No “Reset” of CAFA Removal After Remand or Renewed Class-Certification Efforts 1. Introduction John Ewalt, Steve Wylie, and Bonnie Navarre...
Impossibility-and-No-Prejudice Limits on “Fenced Jobsite” Conditions in Ohio Property Policies 1) Introduction In 3371 Reading, LLC v. Liberty Mutual Group, Inc. (Sixth Cir. May 21, 2026), a property...
PLRA Three-Strikes Clarified: Jurisdictional (Rooker-Feldman) and Rule 21 Misjoinder Dismissals Do Not Count as Failure-to-State-a-Claim Strikes Introduction In Larry Harrison v. FNU Douglas,...
Roberts and “Futile Gesture” Standing: Sixth Circuit Leaves in Place a Rule Treating Non-Application as Self-Inflicted Injury in § 1981 Race-Barrier Cases I. Introduction Nathan Roberts v....
Factual Disputes Bar Interlocutory Qualified-Immunity Review; State-Law Immunity Must Be Raised Below 1. Introduction In Rayshawn Walden v. City of Detroit, Michigan, No. 25-1919 (6th Cir. May 20,...
Corea v. Blanche: Substantial-Evidence Review for Cancellation Hardship and IJ-Level Exhaustion of Procedural Constitutional Claims Court: U.S. Court of Appeals for the Sixth Circuit Date: May 20,...
Plain-English “Complete Search” Consent Authorizes Seizure and Off-Site Forensic Review of a Phone; Calm In-Home Interview Is Not Miranda Custody Case: United States v. Michael James (No. 25-3552) |...