Rule 35(b) Substantial-Assistance Reductions Do Not Break the “Based On Guidelines” Link, and § 1B1.10(c) Removes Mandatory Minimums from the Retroactive-Amendment Recalculation Case: United States...
Sixth Circuit: TVPRA Punitive Damages Need Not Be Tethered to Non‑Economic Compensatory Awards; Conclusory “Guatemala Is Available” Assertions Cannot Support Forum Non Conveniens Dismissal I....
Sixth Circuit Rejects “Close-and-Significant-Relationship” Privity for Nonparty Claim Preclusion; Parent–Subsidiary Status Alone Does Not Bar a Second Suit I. Introduction In Diamond Williams v....
Irreparable Harm in Pre‑Enforcement Challenges: Unrecoverable Compliance Costs and Credible Enforcement Threats Satisfy the Sixth Circuit Threshold I. Introduction In NetChoice, LLC v. Jonathan...
Binoculars-as-Stalking Evidence and Flight-Risk Handcuffing: Sixth Circuit Clarifies Gant’s “Reasonable-to-Believe” Vehicle Search Standard I. Introduction In United States v. Michael Hoffpowier (6th...
Confrontation Clause “Opportunity” Standard: COVID-Era Trial Recesses Do Not Violate the Sixth Amendment When Cross-Examination Remains Full and Fair Case: United States v. Michael Forrester, Jr....
Sixth Circuit: State-Created Danger Does Not Reach Noncustodial Suicide; Suicide Breaks Duty and Causation for Substantive Due Process Claims I. Introduction Case: Brian Zimmermann v. Scott Labish,...
Zimmermann v. Labish: The Sixth Circuit Reaffirms That the State-Created Danger Doctrine Does Not Reach Noncustodial Suicide—and Immunities Require Early Dismissal Case: Brian Zimmermann v. Scott...
RICO Conspiracy May Be Proven by Agreement to Join an Enterprise that “Existed or Would Exist”: Sixth Circuit Also Upholds Semi-Anonymous Jury and COVID-Era Delay Between Direct and Cross I....
RICO Conspiracy May Rest on an Agreement to Participate in an Enterprise That “Existed or Would Exist” Without Constructively Amending the Indictment 1. Introduction United States v. Jason Meyerholz...
Ohio “In Consequence Of” Fraud Exclusion: No Malpractice Indemnity When Negligence Damages Are Not Independent of Intentional Misrepresentation; No Third-Party Bad-Faith Claims Introduction Case:...
“In Consequence of” Means Direct-and-Inseparable: Ohio Malpractice Coverage Is Barred Where Negligence Damages Cannot Be Separated from the Surgeon’s Fraud; Third-Party Bad-Faith Claims Remain...
Interpreting “In Consequence of” in Ohio Malpractice Policies: Direct-and-Inseparable Causation for Fraud Exclusions and No Third-Party Bad-Faith Claims 1. Introduction In Mackenzie Bender v. Med....
“In Consequence of” Fraud Exclusion Requires Direct, Inseparable Damages; Ohio Bars Third‑Party Bad‑Faith Workarounds Against Insurers Introduction Patricia Adams v. Med. Protective Co. is a...
“In Consequence of” Fraud Means Damages that Directly Stem from and Are Inseparable from Intentional Misrepresentation (and Third-Party Claimants Cannot Recast Bad Faith as Fraud) Case: Patricia...
COVID-Driven Delay in Cross-Examination Does Not Violate the Confrontation Clause; “Would Exist” RICO-Enterprise Instructions Do Not Amend the Indictment Case: United States v. Michael Forrester,...
Opportunity, Not Immediacy: COVID-Related Cross-Examination Delays Do Not Violate the Confrontation Clause in Multi-Defendant RICO Trials Commentary on United States v. James Wesley Frazier...
Confrontation Clause “Effective Opportunity” Survives a Multi‑Week Mid‑Testimony Recess: Sixth Circuit Affirms COVID‑Era Joint RICO Trial Management I. Introduction In United States v. Michael...
Sixth Circuit Validates “Enterprise Existed or Would Exist” RICO-Conspiracy Instruction and Upholds Delayed Cross-Examination Amid COVID Disruptions 1. Introduction In United States v. William...
Custody, Not Title: Michigan Unclaimed-Property Owners Retain Principal and the State-Generated Interest (Due Process Remand) 1. Introduction In Dennis O'Connor v. Rachael Eubanks, the Sixth Circuit...