Total Disability for the BLBA Fifteen-Year Presumption Can Be Inferred from Severe Respiratory Failure Evidence—No “Chronic” Requirement I. Introduction In Star Servs. Corp. v. OWCP (6th Cir. Apr....
Title-Insurance Exclusion 3(a) Bars Defense Coverage When the Insured Knowingly Permits a Title Reversion and Later Sells Into a Known Cloud Introduction In Triple Properties Detroit, LLC v. First...
Sixth Circuit Tightens FCA Relator Path: “Substantially the Same” Means No Mere Detail, and “Original Source” Requires Pre-Suit Government Disclosure; Novel Theories Still Must Meet Rule 9(b) Case:...
Actual Notice Can Satisfy Rule 902(11) and a Large Guidelines Variance Requires a Reasoned Basis to Accept an 11(c)(1)(C) Plea I. Introduction In United States v. Reginald DeWayne Brown (Sixth...
Harmless Error in Withholding-of-Removal Nexus: Misuse of “One Central Reason” Does Not Require Remand Where Record Shows No Protected-Ground Motive I. Introduction In Fermin Pablo-Diaz v. Todd W....
Post-Revocation Supervised Release Must Be Reduced by All Revocation Imprisonment; No Advance Notice Required for Upward Variances Based on the Record 1. Introduction In United States v. Jamel...
Protective Sweeps Require Articulable Facts of Dangerous Others (Not Just the Arrestee), While General MS-13 Expert “Background” Testimony and Curative Voir Dire Instructions Are Typically Sufficient...
General Gang-Structure Expert Testimony Survives Rule 704(b) (Post-Diaz) and Curative Instructions Defeat “Fear” and Co-Defendant-Plea Prejudice in MS-13 RICO/VICAR Trials 1. Introduction In United...
Protective Sweep Scope, Gang-Trial Voir Dire Fear, and Limits on Gang Expert/Impeachment Evidence in RICO/VICAR Prosecutions (Sixth Cir.) 1. Introduction In United States v. Jorge Flores (24-5610);...
Pleading Fraud-Based Tortious Interference When a Manufacturer Induces Disclosure of Dealer Network Information; “Agreement” Under Michigan Farm Equipment Act Requires Mutual Assent Beyond...
Sixth Circuit: “Excusable Neglect” Under FRAP 4(a)(5) Requires an Extraordinary Reason—Lead Counsel’s Pregnancy Does Not Excuse a Missed Appeal Deadline Where Co-Counsel Also Received Notice I....
Rehabilitation Act Rule: No Failure-to-Accommodate Liability Absent an Accommodation Request—and No Accommodation Duty for “Regarded As” Disability I. Introduction In Traniece Morgan v. Ohio Dep't of...
Qualified Immunity for “Compromise” Suicide-Prevention Decisions in Jail: No Clearly Established Deliberate Indifference Absent Factually Analogous Precedent I. Introduction In David Lovell v. Cnty....
Technical Refusal to Bargain Does Not Confer § 9(d) Review of Decertification-Petition Dismissals That Preserve the Status Quo 1. Introduction Case: Rieth-Riley Constr. Co., Inc. v. NLRB (6th Cir....
Technical Refusal to Bargain Cannot Create Appellate Jurisdiction to Review a Nonfinal Decertification-Petition Dismissal Case: Rieth-Riley Constr. Co., Inc. v. NLRB (6th Cir. Apr. 13, 2026) Court:...
FCA Express False-Certification Liability Does Not Arise from Forward-Looking “Agrees to Comply” FTA Certifications Introduction In UNITED STATES OF AMERICA, ex rel. GREGORY LYNN and PAULETTE...
Inevitable Discovery via Mandatory Tow-Triggered Inventory Search Despite Incomplete Inventory Paperwork Case: United States v. Arsenio Clayton (6th Cir. Apr. 10, 2026) (not recommended for...
Claim-by-Claim Fee Shifting and § 1927 Sanctions for Persisting in Frivolous Civil-Rights Theories Case: Anthony Wynn v. City of Covington, Kentucky, et al. (6th Cir. Apr. 8, 2026) (unpublished)...
Withdrawal from Multiemployer Bargaining Is Timely If Made Before Negotiations Begin, Regardless of Contract-Modification Deadlines Introduction Rieth-Riley Constr. Co. v. NLRB (6th Cir. Apr. 8,...
Qualified Immunity for Legislator Speech: No Clearly Established First Amendment “Adverse Action” Rule for a Councilmember’s Defamatory Remark During a Council Meeting Case: Brian Menge v. Khursheed...