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  • Commentaries
  • Judgments

6th Circuit Case Commentaries

Recall Alone Is Not Enough for Article III Standing: Sixth Circuit Demands Plausible Contamination Allegations in Benefit-of-the-Bargain and Risk-of-Illness Suits

Recall Alone Is Not Enough for Article III Standing: Sixth Circuit Demands Plausible Contamination Allegations in Benefit-of-the-Bargain and Risk-of-Illness Suits

Date: Sep 11, 2025
Recall Alone Is Not Enough for Article III Standing: Sixth Circuit Demands Plausible Contamination Allegations in Benefit-of-the-Bargain and Risk-of-Illness Suits Case: Ward v. J.M. Smucker Co., No....
Sixth Circuit Clarifies Third-Party Consent at Family Businesses and Reaffirms Broad Discretion in Public Contracting Under “Best-Interest” RFPs

Sixth Circuit Clarifies Third-Party Consent at Family Businesses and Reaffirms Broad Discretion in Public Contracting Under “Best-Interest” RFPs

Date: Sep 11, 2025
Sixth Circuit Clarifies Third-Party Consent at Family Businesses and Reaffirms Broad Discretion in Public Contracting Under “Best-Interest” RFPs Introduction In Rockwood Auto Parts, Inc.; Rockwood...
Sixth Circuit Clarifies Retaliatory Refusal to Remedy Dangerous Prison Conditions as Actionable First Amendment Violation; Risk-Only COVID-19 Exposure Insufficient for Damages Standing

Sixth Circuit Clarifies Retaliatory Refusal to Remedy Dangerous Prison Conditions as Actionable First Amendment Violation; Risk-Only COVID-19 Exposure Insufficient for Damages Standing

Date: Sep 10, 2025
Sixth Circuit Clarifies Retaliatory Refusal to Remedy Dangerous Prison Conditions as Actionable First Amendment Violation; Risk-Only COVID-19 Exposure Insufficient for Damages Standing Introduction...
Imminent Harm Still Required: Voluntary Repeal and Binding Non‑Enforcement Pledge Defeat First Amendment Preliminary Injunctions; Credible‑Threat Standing Tightened in Limited Public Fora

Imminent Harm Still Required: Voluntary Repeal and Binding Non‑Enforcement Pledge Defeat First Amendment Preliminary Injunctions; Credible‑Threat Standing Tightened in Limited Public Fora

Date: Sep 10, 2025
Imminent Harm Still Required: Voluntary Repeal and Binding Non‑Enforcement Pledge Defeat First Amendment Preliminary Injunctions And: The Sixth Circuit tightens pre‑enforcement standing where a...
First Amendment Shield, Not Sword: Protected Petitioning Cannot Supply the Overt Act in § 1983 Conspiracies—Yet May Evidence Agreement; and Government Litigation and Nonviolent “Threats” Are Not Clearly Established Retaliation

First Amendment Shield, Not Sword: Protected Petitioning Cannot Supply the Overt Act in § 1983 Conspiracies—Yet May Evidence Agreement; and Government Litigation and Nonviolent “Threats” Are Not Clearly Established Retaliation

Date: Sep 10, 2025
First Amendment Shield, Not Sword: Protected Petitioning Cannot Supply the Overt Act in § 1983 Conspiracies—Yet May Evidence Agreement; and Government Litigation and Nonviolent “Threats” Are Not...
No Vested Right Without a Valid Permit: Sixth Circuit Affirms No Due Process or Takings Liability for Stop‑Work Order Based on Defective Application

No Vested Right Without a Valid Permit: Sixth Circuit Affirms No Due Process or Takings Liability for Stop‑Work Order Based on Defective Application

Date: Sep 9, 2025
No Vested Right Without a Valid Permit: Sixth Circuit Affirms No Due Process or Takings Liability for Stop‑Work Order Based on Defective Application Court: U.S. Court of Appeals for the Sixth Circuit...
Nexus over Comparators and FMLA Interference by Omission: Sixth Circuit Partially Revives Pregnancy Discrimination and FMLA Claims in Bunnell v. Beaumont Hospital

Nexus over Comparators and FMLA Interference by Omission: Sixth Circuit Partially Revives Pregnancy Discrimination and FMLA Claims in Bunnell v. Beaumont Hospital

Date: Sep 8, 2025
Nexus over Comparators and FMLA Interference by Omission: Sixth Circuit Partially Revives Pregnancy Discrimination and FMLA Claims in Bunnell v. Beaumont Hospital Court: U.S. Court of Appeals for the...
Clarifying When an EEOC Intake Questionnaire Is (and Is Not) a “Charge”: Sixth Circuit Tightens Holowecki’s Gate for ADA Exhaustion and Reaffirms Michigan PWDCRA’s No-Transfer Rule

Clarifying When an EEOC Intake Questionnaire Is (and Is Not) a “Charge”: Sixth Circuit Tightens Holowecki’s Gate for ADA Exhaustion and Reaffirms Michigan PWDCRA’s No-Transfer Rule

Date: Sep 8, 2025
Clarifying When an EEOC Intake Questionnaire Is (and Is Not) a “Charge”: Sixth Circuit Tightens Holowecki’s Gate for ADA Exhaustion and Reaffirms Michigan PWDCRA’s No-Transfer Rule Case: Jay...
Sixth Circuit clarifies clear‑error review for §2D1.1(b)(12)’s “maintenance” prong and reaffirms probable cause from a single “come‑and‑return” controlled buy

Sixth Circuit clarifies clear‑error review for §2D1.1(b)(12)’s “maintenance” prong and reaffirms probable cause from a single “come‑and‑return” controlled buy

Date: Sep 8, 2025
Sixth Circuit clarifies clear‑error review for §2D1.1(b)(12)’s “maintenance” prong and reaffirms probable cause from a single “come‑and‑return” controlled buy Introduction In United States v. Jayon...
McNair v. Pratt (6th Cir. 2025): No Clearly Established Eighth Amendment Violation for a Ground Takedown of a Handcuffed, Noncompliant Inmate When the Officer Is Alone—And a Sharp Reminder on Record-Handling at Summary Judgment

McNair v. Pratt (6th Cir. 2025): No Clearly Established Eighth Amendment Violation for a Ground Takedown of a Handcuffed, Noncompliant Inmate When the Officer Is Alone—And a Sharp Reminder on Record-Handling at Summary Judgment

Date: Sep 8, 2025
McNair v. Pratt (6th Cir. 2025): No Clearly Established Eighth Amendment Violation for a Ground Takedown of a Handcuffed, Noncompliant Inmate When the Officer Is Alone—And a Sharp Reminder on...
Post-Ames Uniform Prima Facie Standard Confirmed: Sixth Circuit Affirms Summary Judgment in Howard v. Cherokee Health Systems, Reemphasizing the Honest-Belief Doctrine and Leaving “Selective Favoritism” Under Title VII Unresolved

Post-Ames Uniform Prima Facie Standard Confirmed: Sixth Circuit Affirms Summary Judgment in Howard v. Cherokee Health Systems, Reemphasizing the Honest-Belief Doctrine and Leaving “Selective Favoritism” Under Title VII Unresolved

Date: Sep 4, 2025
Post-Ames Uniform Prima Facie Standard Confirmed: Sixth Circuit Affirms Summary Judgment in Howard v. Cherokee Health Systems, Reemphasizing the Honest-Belief Doctrine and Leaving “Selective...
Collective-Knowledge Reasonable Suspicion and Post-Hearing Clarification of Drug Quantity: Sixth Circuit Affirms Stop, K‑9 Sweep, and Sentencing Findings in United States v. Knuuttila

Collective-Knowledge Reasonable Suspicion and Post-Hearing Clarification of Drug Quantity: Sixth Circuit Affirms Stop, K‑9 Sweep, and Sentencing Findings in United States v. Knuuttila

Date: Sep 4, 2025
Collective-Knowledge Reasonable Suspicion and Post-Hearing Clarification of Drug Quantity: Sixth Circuit Affirms Stop, K‑9 Sweep, and Sentencing Findings in United States v. Knuuttila Introduction...
Foreseeability, Special Relationships, and Campus Liability: Sixth Circuit Narrows Negligence Exposure and Sets High Bar for IIED and ELCRA Claims in Chen v. Hillsdale College

Foreseeability, Special Relationships, and Campus Liability: Sixth Circuit Narrows Negligence Exposure and Sets High Bar for IIED and ELCRA Claims in Chen v. Hillsdale College

Date: Aug 31, 2025
Foreseeability, Special Relationships, and Campus Liability: Sixth Circuit Narrows Negligence Exposure and Sets High Bar for IIED and ELCRA Claims in Chen v. Hillsdale College Introduction In Grace...
Sixth Circuit: Seeking a Merits Dismissal Before Invoking Arbitration Constitutes FAA “Default,” Extinguishing the Right to Arbitrate

Sixth Circuit: Seeking a Merits Dismissal Before Invoking Arbitration Constitutes FAA “Default,” Extinguishing the Right to Arbitrate

Date: Aug 31, 2025
Sixth Circuit: Seeking a Merits Dismissal Before Invoking Arbitration Constitutes FAA “Default,” Extinguishing the Right to Arbitrate Introduction This published decision of the U.S. Court of Appeals...
No Strict Scrutiny for Neutral, Non‑Curricular School Policies: Sixth Circuit Narrows Mahmoud v. Taylor and Clarifies Mootness-Damages Split

No Strict Scrutiny for Neutral, Non‑Curricular School Policies: Sixth Circuit Narrows Mahmoud v. Taylor and Clarifies Mootness-Damages Split

Date: Aug 31, 2025
No Strict Scrutiny for Neutral, Non‑Curricular School Policies: Sixth Circuit Narrows Mahmoud v. Taylor and Clarifies Mootness-Damages Split Introduction This commentary analyzes the Sixth Circuit’s...
Malick v. Croswell-Lexington: Sixth Circuit Clarifies the “Deliberate Indifference” Standard for Title VI Student-on-Student Harassment

Malick v. Croswell-Lexington: Sixth Circuit Clarifies the “Deliberate Indifference” Standard for Title VI Student-on-Student Harassment

Date: Aug 26, 2025
Malick v. Croswell-Lexington: Sixth Circuit Clarifies the “Deliberate Indifference” Standard for Title VI Student-on-Student Harassment Introduction In April Malick v. Croswell-Lexington District...
Discretion, Not Exclusion: Sixth Circuit Clarifies Rule 32(a) Admissibility and the Retroactive Reach of Amended Rule 801(d)(2)

Discretion, Not Exclusion: Sixth Circuit Clarifies Rule 32(a) Admissibility and the Retroactive Reach of Amended Rule 801(d)(2)

Date: Aug 26, 2025
Discretion, Not Exclusion: Sixth Circuit Clarifies Rule 32(a) Admissibility and the Retroactive Reach of Amended Rule 801(d)(2) 1. Introduction Insight Terminal Solutions v. Cecelia Financial...

The Howell Rule: Qualified Immunity Shields Warrantless Entry When Officers Smell Marijuana
After Announcing Their Presence

The Howell Rule: Qualified Immunity Shields Warrantless Entry When Officers Smell Marijuana After Announcing Their Presence

Date: Aug 26, 2025
The Howell Rule: Qualified Immunity Shields Warrantless Entry When Officers Smell Marijuana After Announcing Their Presence Introduction In Matthew Howell v. Justin McCormick, No. 24-5570 (6th Cir....
Equitable Tolling Opens the Tax Court Door: Sixth Circuit Declares § 6213(a) Deadline Non-Jurisdictional

Equitable Tolling Opens the Tax Court Door: Sixth Circuit Declares § 6213(a) Deadline Non-Jurisdictional

Date: Aug 26, 2025
Equitable Tolling Opens the Tax Court Door: Sixth Circuit Declares § 6213(a) Deadline Non-Jurisdictional Introduction In Naysha Y. Oquendo v. Commissioner of Internal Revenue, the United States Court...
Rejecting Per-Se Indispensability: Sixth Circuit Clarifies Rule 19 in Estate of William Plott v. HHS

Rejecting Per-Se Indispensability: Sixth Circuit Clarifies Rule 19 in Estate of William Plott v. HHS

Date: Aug 25, 2025
Rejecting Per-Se Indispensability: Sixth Circuit Clarifies Rule 19 in Estate of William Plott v. Department of Health & Human Services 1. Introduction The Sixth Circuit’s published decision in Estate...
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