Specificity Required to Challenge Bulk Text Evidence; Victim/Anonymous Messages May Qualify as Coconspirator Statements Introduction In United States v. Darrick Denard Bell (6th Cir. May 7, 2026),...
Discriminatory Wine Retail Shipping and Personal Import Caps Must Stand (or Fall) Under Tennessee Wine—Not as “Essential” Three-Tier Features Case: Derek Block v. James Canepa (captioned parties...
Compassionate Release May Be Denied Solely on § 3553(a) Factors, Using the Original Sentencing Record to Support the Balance Introduction In United States v. James Edward Hiatt (6th Cir. May 6,...
United States v. Barton: Revocation Sentences May Not Be Predetermined by Prior “Ultimatums” I. Introduction In United States v. Daniel Barton, Sr. (6th Cir. May 6, 2026), the Sixth Circuit addressed...
Hess v. Oakland County: No Preliminary Injunction to Block a Threatened State Prosecution for Past Speech Absent Concrete Future Chill or Inadequate State Remedies I. Introduction In Andrew Hess v....
Back Pay May Be Awarded for a Title VII Hostile Work Environment Without a Discharge Verdict, and Fee Awards Need Not Be Reduced When the Trial Recovery Exceeds a Rejected Settlement Offer Case: Rose...
Sixth Circuit: Back Pay May Follow a Title VII Hostile Work Environment Verdict Without a Discharge Finding When the Evidence Shows the Harassment Caused the Work Loss I. Introduction In Rose Griffin...
Qualified Immunity Requires Highly Specific “Clearly Established” Law for Brief Firearm-Pointing and Split-Second Vehicle Threat Shootings 1. Introduction In Joseph Frasure v. City of Wyoming, Ohio...
Within-Guidelines Drug Sentences: Criminal History (Including Old Convictions and Supervision Revocations) May Receive Substantial § 3553(a) Weight Without Becoming an Impermissible “Resentencing” 1....
Reapplying for the Same Denied Vanity Plate Does Not Restart § 1983’s Limitations Clock (Sixth Circuit) Introduction In Jeffrey Wonser v. Charles L. Norman, Andy Wilson; Thomas J. Stickrath, the...
Sixth Amendment Does Not Require Plea Counsel to Warn Naturalized Citizens of Civil Denaturalization Risk Introduction In United States v. Karnail Singh (6th Cir. May 5, 2026), the Sixth Circuit...
Workplace PPE-Overheating Complaints Are Not “Matters of Public Concern” Absent a Concrete Public-Safety Focus Introduction In Mark Stanalajczo v. Brandonn Perry (Sixth Cir. May 4, 2026), an adjunct...
Stash-House Enhancement Applies Without Leasehold When De Facto Control or Co-Conspirator Foreseeability Is Shown Case: United States v. Khari Qunarll Smith (6th Cir. May 4, 2026) (not recommended...
Pleading Limits on “Continuing Violation” Theories: An Allegedly Biased Internal Investigation Does Not Extend a Title VII Hostile-Environment Claim Without Plausible Sex-Based Causation or Harasser...
Termination Ends Commission Entitlement When Compensation Clause Limits Commissions to Contracts Accepted Before the Effective Termination Date Case: Touch-N-Buy LLC v. United Consumer Fin. Servs....
Deadly Force “Until Neutralized”: Sixth Circuit Clarifies that the Trigger-Count Is Not the Question I. Introduction Kimberly Vaughn, through the Administration of the Estate of Mohammad J. Isaifan,...
ELCRA Discrimination: “Qualified” Must Be Assessed Independently of the Employer’s Stated Reasons; Workforce-Matched Termination Statistics Do Not Support an Inference of Bias 1. Introduction In...
No Abuse of Discretion Where Juvenile Recidivism Supports Denial of a Youth-Based Sentencing Variance Introduction In United States v. Derrion Turner, the Sixth Circuit affirmed a 246-month federal...
Post-Starbucks § 10(j) Injunctions Require Independent Proof of Irreparable Harm Introduction In Elizabeth Kerwin v. Trinity Health Grand Haven Hosp., the Sixth Circuit addressed, for the first time...
Sixth Circuit Holds 8 U.S.C. § 1252(b)(1)’s 30-Day Immigration Petition Deadline Is Subject to Equitable Tolling Introduction In Jorge Oxlaj-Perez v. Todd Blanche, the Sixth Circuit addressed a...