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  • Commentaries
  • Judgments

6th Circuit Case Commentaries

“The Honest-Belief Shield”: Sixth Circuit Affirms Employer Discipline Despite Retroactive FMLA Leave in  Beny v. University of Michigan (2025)

“The Honest-Belief Shield”: Sixth Circuit Affirms Employer Discipline Despite Retroactive FMLA Leave in Beny v. University of Michigan (2025)

Date: Jul 31, 2025
“The Honest-Belief Shield” Sixth Circuit Affirms Employer Discipline Despite Retroactive FMLA Leave in Laura Beny v. University of Michigan (6th Cir. 2025) Introduction This commentary unpacks the...
“Cash-For-Flight” Stops: When a Threatened Administrative Seizure Is a Terry Detention, Not an Arrest

“Cash-For-Flight” Stops: When a Threatened Administrative Seizure Is a Terry Detention, Not an Arrest

Date: Jul 31, 2025
“Cash-For-Flight” Stops: When a Threatened Administrative Seizure Is a Terry Detention, Not an Arrest Introduction United States v. Tra’ven Boyer-Letlow, No. 24-3670 (6th Cir. July 29, 2025)...
Herring v. City of Ecorse (6th Cir. 2025): Clarifying Waiver-Versus-Forfeiture, Rule 3(c)(4) “Merger,” and Res Judicata in § 1983 Retaliation Litigation

Herring v. City of Ecorse (6th Cir. 2025): Clarifying Waiver-Versus-Forfeiture, Rule 3(c)(4) “Merger,” and Res Judicata in § 1983 Retaliation Litigation

Date: Jul 30, 2025
Herring v. City of Ecorse (6th Cir. 2025): Clarifying Waiver-Versus-Forfeiture, Rule 3(c)(4) “Merger,” and Res Judicata in § 1983 Retaliation Litigation Introduction Cornelius Herring and Geoffrey...
Grand Traverse Band v. Blue Cross (6th Cir 2025):  Narrowing Medicare-Like-Rate Obligations to Hospitals and Clarifying the “Actual-Knowledge” Timeliness Trigger for Tribal ERISA Fiduciary Claims

Grand Traverse Band v. Blue Cross (6th Cir 2025): Narrowing Medicare-Like-Rate Obligations to Hospitals and Clarifying the “Actual-Knowledge” Timeliness Trigger for Tribal ERISA Fiduciary Claims

Date: Jul 30, 2025
Grand Traverse Band of Ottawa & Chippewa Indians v. Blue Cross Blue Shield of Michigan Court of Appeals for the Sixth Circuit • 28 July 2025 Introduction The Sixth Circuit’s published decision in...
“Timeliness Is of the Essence” – Sixth Circuit Re-Affirms Forfeiture of Defective NTA Claims and Tightens Particular-Social-Group Analysis in Cobo-Lopez v. Bondi

“Timeliness Is of the Essence” – Sixth Circuit Re-Affirms Forfeiture of Defective NTA Claims and Tightens Particular-Social-Group Analysis in Cobo-Lopez v. Bondi

Date: Jul 30, 2025
“Timeliness Is of the Essence” – Sixth Circuit Re-Affirms Forfeiture of Defective NTA Claims and Tightens Particular-Social-Group Analysis in Cobo-Lopez v. Bondi Commentary on the United States Court...

    United States v. Glenn: The Sixth Circuit Narrows the Admissibility of Law-Enforcement
    “Expert” Translation of Ordinary Text Messages

United States v. Glenn: The Sixth Circuit Narrows the Admissibility of Law-Enforcement “Expert” Translation of Ordinary Text Messages

Date: Jul 30, 2025
United States v. Glenn: The Sixth Circuit Narrows the Admissibility of Law-Enforcement “Expert” Translation of Ordinary Text Messages Introduction United States v. Devante Glenn, No. 23-3926...
“Diligence or Dismissal” – The Sixth Circuit Tightens the Reins on Equitable Tolling and Pleading Standards in § 1983 Litigation (Anthony Mario Wynn v. City of Covington, 6th Cir. 2025)

“Diligence or Dismissal” – The Sixth Circuit Tightens the Reins on Equitable Tolling and Pleading Standards in § 1983 Litigation (Anthony Mario Wynn v. City of Covington, 6th Cir. 2025)

Date: Jul 30, 2025
“Diligence or Dismissal” – The Sixth Circuit Tightens the Reins on Equitable Tolling and Pleading Standards in § 1983 Litigation Commentary on Anthony Mario Wynn v. City of Covington, Ky., 6th Cir....
“All-Claim” Requirement Reaffirmed: Sixth Circuit Limits what Counts as a PLRA Strike and Restricts Post-Notice District Court Revisions

“All-Claim” Requirement Reaffirmed: Sixth Circuit Limits what Counts as a PLRA Strike and Restricts Post-Notice District Court Revisions

Date: Jul 30, 2025
“All-Claim” Requirement Reaffirmed: Sixth Circuit Limits what Counts as a PLRA Strike and Restricts Post-Notice District Court Revisions 1. Introduction Davariol Marquavis Taylor, an incarcerated...
Lux-Lux v. Bondi: Forfeiture of Niz-Chavez–Based NTA Defects When Not Timely Raised

Lux-Lux v. Bondi: Forfeiture of Niz-Chavez–Based NTA Defects When Not Timely Raised

Date: Jul 30, 2025
Lux-Lux v. Bondi: Forfeiture of Niz-Chavez–Based NTA Defects When Not Timely Raised Introduction Diego Andrés Lux-Lux, an indigenous Guatemalan, entered the United States as a minor in 2015 and...
Selective-Truth Reporting and Cat’s-Paw Liability: Sixth Circuit Expands Employer Responsibility in ADA Retaliation Cases

Selective-Truth Reporting and Cat’s-Paw Liability: Sixth Circuit Expands Employer Responsibility in ADA Retaliation Cases

Date: Jul 30, 2025
Selective-Truth Reporting and Cat’s-Paw Liability: The Sixth Circuit’s New Benchmark for Employer Liability in ADA Retaliation (Monica Gray v. State Farm) Introduction Monica Gray, a fifteen-year...
Digital Translation and Consent Searches: Sixth Circuit Affirms Google-Translate-Facilitated Consent in United States v. Ceja-Torres

Digital Translation and Consent Searches: Sixth Circuit Affirms Google-Translate-Facilitated Consent in United States v. Ceja-Torres

Date: Jul 30, 2025
Digital Translation and Consent Searches: Sixth Circuit Affirms Google-Translate-Facilitated Consent in United States v. Ceja-Torres Introduction The Sixth Circuit’s decision in United States v....
Beyond the Substance: Sixth Circuit Clarifies “Relevant Conduct” Across Different Drugs and Affirms Broad Application of the Drug-Premises Enhancement

Beyond the Substance: Sixth Circuit Clarifies “Relevant Conduct” Across Different Drugs and Affirms Broad Application of the Drug-Premises Enhancement

Date: Jul 30, 2025
Beyond the Substance: Sixth Circuit Clarifies “Relevant Conduct” Across Different Drugs and Affirms Broad Application of the Drug-Premises Enhancement Introduction In United States v. Jaylen Sain,...
United States v. Butler – Sixth Circuit Clarifies “Dominion” in Constructive Possession and Limits Remote Drug-Use Evidence

United States v. Butler – Sixth Circuit Clarifies “Dominion” in Constructive Possession and Limits Remote Drug-Use Evidence

Date: Jul 30, 2025
United States v. Butler – Sixth Circuit Clarifies “Dominion” in Constructive Possession and Limits Remote Drug-Use Evidence Introduction The unpublished opinion in United States v. Patrick Dillon...

        Sixth Circuit Clarifies Strickland: Impeachment Cross-Examination that Adds Damaging Facts
        Can Still Be “Reasonable Trial Strategy” under AEDPA – Commentary on Mark Hartman v. Dave Yost

Sixth Circuit Clarifies Strickland: Impeachment Cross-Examination that Adds Damaging Facts Can Still Be “Reasonable Trial Strategy” under AEDPA – Commentary on Mark Hartman v. Dave Yost

Date: Jul 25, 2025
Sixth Circuit Clarifies Strickland: Impeachment Cross-Examination that Adds Damaging Facts Can Still Be “Reasonable Trial Strategy” under AEDPA Commentary on Mark Hartman v. Dave Yost, Nos....
Reaffirming the “Every Fair-Minded Jurist” Threshold: The Sixth Circuit’s Double-Deference Clarification in Hartman v. Yost

Reaffirming the “Every Fair-Minded Jurist” Threshold: The Sixth Circuit’s Double-Deference Clarification in Hartman v. Yost

Date: Jul 25, 2025
Reaffirming the “Every Fair-Minded Jurist” Threshold: The Sixth Circuit’s Double-Deference Clarification in Hartman v. Yost Introduction In Mark Hartman v. Dave Yost, the United States Court of...
United States v. Taylor: Sixth Circuit Re-Affirms Minimal Explanation Standard for Within-Guidelines Sentences

United States v. Taylor: Sixth Circuit Re-Affirms Minimal Explanation Standard for Within-Guidelines Sentences

Date: Jul 25, 2025
United States v. Taylor: Sixth Circuit Re-Affirms Minimal Explanation Standard for Within-Guidelines Sentences 1. Introduction In United States v. Marty Taylor, No. 25-3022 (6th Cir. July 24, 2025)...
Dangerousness Without Remand: United States v. Meeks Solidifies Williams Framework and Clarifies Sentencing Cross-Reference for Felon-in-Possession Cases

Dangerousness Without Remand: United States v. Meeks Solidifies Williams Framework and Clarifies Sentencing Cross-Reference for Felon-in-Possession Cases

Date: Jul 25, 2025
Dangerousness Without Remand: United States v. Meeks Sixth Circuit further refines the Williams “actual dangerousness” test and endorses robust use of the homicide cross-reference at sentencing I....
“The Stipulated-Facts Exception”: Sixth Circuit Permits Interlocutory Review Yet Affirms Denial of Qualified Immunity in Sterusky v. Cooper

“The Stipulated-Facts Exception”: Sixth Circuit Permits Interlocutory Review Yet Affirms Denial of Qualified Immunity in Sterusky v. Cooper

Date: Jul 24, 2025
“The Stipulated-Facts Exception”: Sixth Circuit Permits Interlocutory Review Yet Affirms Denial of Qualified Immunity in Sterusky v. Cooper 1. Introduction Christopher Scott Sterusky v. Detrick...
Segmented Application of King Factors to Post-Remand Fee Requests under ERISA – A Commentary on Keith Canter v. Blue Cross Blue Shield of Massachusetts, Inc.

Segmented Application of King Factors to Post-Remand Fee Requests under ERISA – A Commentary on Keith Canter v. Blue Cross Blue Shield of Massachusetts, Inc.

Date: Jul 24, 2025
Segmented Application of King Factors to Post-Remand Fee Requests under ERISA — Commentary on Keith W. Canter v. Blue Cross Blue Shield of Massachusetts, Inc. (6th Cir. 2025) 1. Introduction In Keith...
Clarifying the Burden of Proof and Loss Allocation under UCC §3-404(4): Commentary on Schultz Excavating & Asphalt v. Smyrna Ready Mix Concrete, LLC

Clarifying the Burden of Proof and Loss Allocation under UCC §3-404(4): Commentary on Schultz Excavating & Asphalt v. Smyrna Ready Mix Concrete, LLC

Date: Jul 24, 2025
Clarifying the Burden of Proof and Loss Allocation under UCC §3-404(4) Commentary on Schultz Excavating & Asphalt of Ludington, LLC v. Smyrna Ready Mix Concrete, LLC, 6th Cir., 25-1038 (2025) 1....
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