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  • Commentaries
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6th Circuit Case Commentaries

The “Lowe Rule”: Impeachment-Only Hearsay Cannot Sustain an ELCRA Age-Discrimination Verdict

The “Lowe Rule”: Impeachment-Only Hearsay Cannot Sustain an ELCRA Age-Discrimination Verdict

Date: Aug 7, 2025
The “Lowe Rule”: Impeachment-Only Hearsay Cannot Sustain an ELCRA Age-Discrimination Verdict Introduction Case: Kenneth James Lowe v. Walbro, LLC – United States Court of Appeals for the Sixth...
Sixth Circuit Clarifies Prosecutorial Absolute Immunity for Post-Charge Witness Preparation and Affirms Broad Release under Michigan’s WICA

Sixth Circuit Clarifies Prosecutorial Absolute Immunity for Post-Charge Witness Preparation and Affirms Broad Release under Michigan’s WICA

Date: Aug 7, 2025
Sixth Circuit Clarifies Prosecutorial Absolute Immunity for Post-Charge Witness Preparation and Affirms Broad Release under Michigan’s WICA Introduction In Larry Smith v. Wayne County, Michigan, No....
“One Ignored Complaint Is Enough” – The Sixth Circuit’s Dual Ruling on Excessive-Force Handcuffing and Michigan Gross-Negligence Immunity

“One Ignored Complaint Is Enough” – The Sixth Circuit’s Dual Ruling on Excessive-Force Handcuffing and Michigan Gross-Negligence Immunity

Date: Aug 7, 2025
“One Ignored Complaint Is Enough” – The Sixth Circuit’s Dual Ruling on Excessive-Force Handcuffing and Michigan Gross-Negligence Immunity Introduction Sherrell King v. City of Lincoln Park, Mich.,...
“No Accident in Self-Defense”: Sixth Circuit Clarifies that Intentional Self-Defense Shootings Are Not “Occurrences” Under Michigan Homeowner Policies

“No Accident in Self-Defense”: Sixth Circuit Clarifies that Intentional Self-Defense Shootings Are Not “Occurrences” Under Michigan Homeowner Policies

Date: Aug 7, 2025
“No Accident in Self-Defense”: Sixth Circuit Clarifies that Intentional Self-Defense Shootings Are Not “Occurrences” Under Michigan Homeowner Policies 1. Introduction State Farm Fire & Casualty Co....
“Foreseeability over Self-Defense” – Sixth Circuit Clarifies the Threshold for an “Occurrence” under Michigan Homeowner Policies

“Foreseeability over Self-Defense” – Sixth Circuit Clarifies the Threshold for an “Occurrence” under Michigan Homeowner Policies

Date: Aug 6, 2025
“Foreseeability over Self-Defense” – Sixth Circuit Clarifies the Threshold for an “Occurrence” under Michigan Homeowner Policies Introduction State Farm Fire & Casualty Co. v. Daniele Giannone, Nos....
United States v. Autry: Strengthening Judicial Discretion to Depart Upward for Category VI Offenders under U.S.S.G. § 4A1.3

United States v. Autry: Strengthening Judicial Discretion to Depart Upward for Category VI Offenders under U.S.S.G. § 4A1.3

Date: Aug 6, 2025
United States v. Autry: Strengthening Judicial Discretion to Depart Upward for Category VI Offenders under U.S.S.G. § 4A1.3 1. Introduction The Sixth Circuit’s unpublished decision in United States...
United States v. Moore: The Sixth Circuit’s Blueprint on Judicial Neutrality, Digital-Evidence Authentication, and Expert Qualifications

United States v. Moore: The Sixth Circuit’s Blueprint on Judicial Neutrality, Digital-Evidence Authentication, and Expert Qualifications

Date: Aug 6, 2025
United States v. Moore: The Sixth Circuit’s Blueprint on Judicial Neutrality, Digital-Evidence Authentication, and Expert Qualifications 1. Introduction In United States v. Marchello Moore (6th Cir.,...
United States v. Pancholi: Sixth Circuit Declares Bad-Faith Is NOT Required to Exclude Surprise Defense Witnesses

United States v. Pancholi: Sixth Circuit Declares Bad-Faith Is NOT Required to Exclude Surprise Defense Witnesses

Date: Aug 6, 2025
United States v. Pancholi: Sixth Circuit Declares Bad-Faith Is NOT Required to Exclude Surprise Defense Witnesses Introduction In United States v. Yogesh K. Pancholi, No. 24-1127 (Aug. 5, 2025), the...
From Possibility to Probability: Sixth Circuit Clarifies Causation Standard in Tennessee Products-Liability Actions

From Possibility to Probability: Sixth Circuit Clarifies Causation Standard in Tennessee Products-Liability Actions

Date: Aug 6, 2025
From Possibility to Probability: Sixth Circuit Clarifies Causation Standard in Tennessee Products-Liability Actions Introduction This commentary examines the Sixth Circuit’s unpublished opinion in...
“No Categorical ‘Idiocy’ Exemption”: Sixth Circuit Clarifies the Boundary between Ford Competency Claims and Atkins Intellectual-Disability Claims in Successive Habeas Petitions

“No Categorical ‘Idiocy’ Exemption”: Sixth Circuit Clarifies the Boundary between Ford Competency Claims and Atkins Intellectual-Disability Claims in Successive Habeas Petitions

Date: Aug 5, 2025
“No Categorical ‘Idiocy’ Exemption”: Sixth Circuit Clarifies the Boundary between Ford Competency Claims and Atkins Intellectual-Disability Claims in Successive Habeas Petitions 1. Introduction In In...
“Statute-of-Conviction” Supremacy in First Step Act Motions:  A Commentary on United States v. Ervin Junius Thornton, II (6th Cir. 2025)

“Statute-of-Conviction” Supremacy in First Step Act Motions: A Commentary on United States v. Ervin Junius Thornton, II (6th Cir. 2025)

Date: Aug 5, 2025
“Statute-of-Conviction” Supremacy in First Step Act Motions A Comprehensive Commentary on United States v. Ervin Junius Thornton, II, 6th Cir., Aug. 1 2025 I. Introduction In United States v. Ervin...
United States v. Abdellatif: The Sixth Circuit’s Re-affirmation of the “Plain-Error / Formidable-Barrier” Doctrine for Post-Plea Competency & Coercion Claims

United States v. Abdellatif: The Sixth Circuit’s Re-affirmation of the “Plain-Error / Formidable-Barrier” Doctrine for Post-Plea Competency & Coercion Claims

Date: Aug 5, 2025
United States v. Abdellatif: The Sixth Circuit’s Re-affirmation of the “Plain-Error / Formidable-Barrier” Doctrine for Post-Plea Competency & Coercion Challenges Introduction In United States v....
Sixth Circuit Clarifies: Ohio Aggravated Robbery Is “Generic Extortion” Under U.S.S.G. § 4B1.2(a)(2)

Sixth Circuit Clarifies: Ohio Aggravated Robbery Is “Generic Extortion” Under U.S.S.G. § 4B1.2(a)(2)

Date: Aug 5, 2025
Sixth Circuit Clarifies: Ohio Aggravated Robbery Is “Generic Extortion” Under U.S.S.G. § 4B1.2(a)(2) Introduction United States v. Sha-Kim Mandela, No. 24-3718 (6th Cir. Aug. 1, 2025) (unpublished),...
United States v. King, II: The Sixth Circuit Expands the “Concurrent-Task” Doctrine for Traffic Stops

United States v. King, II: The Sixth Circuit Expands the “Concurrent-Task” Doctrine for Traffic Stops

Date: Aug 2, 2025
United States v. King, II: The Sixth Circuit Expands the “Concurrent-Task” Doctrine for Traffic Stops Introduction United States v. James Russell King, II, No. 24-1089 (6th Cir. 2025) is a...
Misapplication of State Evidentiary Rules as a Federal Constitutional Violation: Sixth Circuit Solidifies Pathway to Habeas Relief

Misapplication of State Evidentiary Rules as a Federal Constitutional Violation: Sixth Circuit Solidifies Pathway to Habeas Relief

Date: Aug 2, 2025
Misapplication of State Evidentiary Rules as a Federal Constitutional Violation: Sixth Circuit Solidifies Pathway to Habeas Relief Introduction In Louis Chandler v. Mike Brown, No. 23-1270 (6th Cir....
Drone Use for Wildlife Recovery Receives Only Intermediate-Scrutiny Protection: The Sixth Circuit’s New Framework in Yoder v. Bowen

Drone Use for Wildlife Recovery Receives Only Intermediate-Scrutiny Protection: The Sixth Circuit’s New Framework in Yoder v. Bowen

Date: Aug 2, 2025
Drone Use for Wildlife Recovery Receives Only Intermediate-Scrutiny Protection: The Sixth Circuit’s New Framework in Yoder v. Bowen Introduction In Mike Yoder; Drone Deer Recovery LLC; and...
No Presumption of Irreparable Harm in ERISA Trustee-Entrenchment Disputes – Comment on Int’l Union of Painters & Allied Trades v. Smith, 6th Cir. (2025)

No Presumption of Irreparable Harm in ERISA Trustee-Entrenchment Disputes – Comment on Int’l Union of Painters & Allied Trades v. Smith, 6th Cir. (2025)

Date: Aug 2, 2025
No Presumption of Irreparable Harm in ERISA Trustee-Entrenchment Disputes: A Comprehensive Commentary on Int’l Union of Painters & Allied Trades v. Smith, 6th Cir. (2025) Introduction The Sixth...
“Turning a Blind Eye”: United States v. White & Herndon – Sixth Circuit Re-Affirms the High Bar for Franks Hearings on Omissions and Clarifies “Deliberate Ignorance” in Money-Laundering Conspiracies

“Turning a Blind Eye”: United States v. White & Herndon – Sixth Circuit Re-Affirms the High Bar for Franks Hearings on Omissions and Clarifies “Deliberate Ignorance” in Money-Laundering Conspiracies

Date: Aug 1, 2025
“Turning a Blind Eye”: United States v. White & Herndon – Sixth Circuit Re-Affirms the High Bar for Franks Hearings on Omissions and Clarifies “Deliberate Ignorance” in Money-Laundering Conspiracies...
United States v. White: Sixth Circuit Re-Affirms the “Higher Bar” for Franks-Based Omissions and Clarifies Use of Third-Party Prior Convictions to Establish Knowledge in Money-Laundering Cases

United States v. White: Sixth Circuit Re-Affirms the “Higher Bar” for Franks-Based Omissions and Clarifies Use of Third-Party Prior Convictions to Establish Knowledge in Money-Laundering Cases

Date: Aug 1, 2025
United States v. White: Sixth Circuit Re-Affirms the “Higher Bar” for Franks-Based Omissions and Clarifies Use of Third-Party Prior Convictions to Establish Knowledge in Money-Laundering Cases...
“Dancing on Thin Ice” – The Sixth Circuit’s Clarification of Sua Sponte Rule 11 and § 1927 Sanctions in Pandemic-Related Litigation (Bojicic v. DeWine II, 2025)

“Dancing on Thin Ice” – The Sixth Circuit’s Clarification of Sua Sponte Rule 11 and § 1927 Sanctions in Pandemic-Related Litigation (Bojicic v. DeWine II, 2025)

Date: Aug 1, 2025
“Dancing on Thin Ice” – The Sixth Circuit’s Clarification of Sua Sponte Rule 11 and § 1927 Sanctions in Pandemic-Related Litigation (Commentary on Erica Bojicic v. Richard Michael DeWine,...
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