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  • Commentaries
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6th Circuit Case Commentaries


        United States v. Cabrera & Pacheco (6th Cir. 2025):  
        Clarifying the “Business of Laundering” Enhancement and Safe-Harbor Parameters for Supplemental Jury Instructions

United States v. Cabrera & Pacheco (6th Cir. 2025): Clarifying the “Business of Laundering” Enhancement and Safe-Harbor Parameters for Supplemental Jury Instructions

Date: Jul 24, 2025
United States v. Cabrera & Pacheco (6th Cir. 2025): Clarifying the “Business of Laundering” Enhancement and Safe-Harbor Parameters for Supplemental Jury Instructions Introduction In July 2025 the...
United States v. McCallum: Sixth Circuit Endorses Expansive Caregiver & Pattern-of-Activity Enhancements Under §§ 2G2.1(b)(5) and 4B1.5(b)(1)

United States v. McCallum: Sixth Circuit Endorses Expansive Caregiver & Pattern-of-Activity Enhancements Under §§ 2G2.1(b)(5) and 4B1.5(b)(1)

Date: Jul 24, 2025
United States v. McCallum: Sixth Circuit Endorses Expansive Caregiver & Pattern-of-Activity Enhancements Under §§ 2G2.1(b)(5) and 4B1.5(b)(1) Introduction In United States v. Jeremy David McCallum,...
United States v. White: The Sixth Circuit’s No-Remand Clarification and the Burden of Proving Non-Dangerousness in § 922(g)(1) Challenges

United States v. White: The Sixth Circuit’s No-Remand Clarification and the Burden of Proving Non-Dangerousness in § 922(g)(1) Challenges

Date: Jul 24, 2025
United States v. White: The Sixth Circuit’s No-Remand Clarification and the Burden of Proving Non-Dangerousness in § 922(g)(1) Challenges Introduction United States v. Marlon Darrell White, decided...

        “First-Hand, Not Hearsay” – Sixth Circuit Clarifies the Personal-Knowledge Gateway to Lay Testimony

“First-Hand, Not Hearsay” – Sixth Circuit Clarifies the Personal-Knowledge Gateway to Lay Testimony

Date: Jul 24, 2025
“First-Hand, Not Hearsay” – Sixth Circuit Clarifies the Personal-Knowledge Gateway to Lay Testimony Introduction United States v. Rollie Deshawn Lamar, No. 24-5841 (6th Cir. July 23, 2025) presented...
“Doing Business” in Dirty Money: The Sixth Circuit’s Clarification of the § 2S1.1(b)(2)(C) Enhancement and Loss-Attribution Rules in United States v. Pacheco & Cabrera

“Doing Business” in Dirty Money: The Sixth Circuit’s Clarification of the § 2S1.1(b)(2)(C) Enhancement and Loss-Attribution Rules in United States v. Pacheco & Cabrera

Date: Jul 24, 2025
“Doing Business” in Dirty Money: The Sixth Circuit’s Clarification of the § 2S1.1(b)(2)(C) Enhancement and Loss-Attribution Rules in United States v. Pacheco & Cabrera Introduction The consolidated...
“Transcript-Reference Adequacy” – The Sixth Circuit Clarifies Rule 16 Expert-Disclosure Obligations in United States v. Thomas Romano

“Transcript-Reference Adequacy” – The Sixth Circuit Clarifies Rule 16 Expert-Disclosure Obligations in United States v. Thomas Romano

Date: Jul 24, 2025
“Transcript-Reference Adequacy” – The Sixth Circuit Clarifies Rule 16 Expert-Disclosure Obligations in United States v. Thomas Romano Introduction The opioid epidemic continues to generate litigation...
James v. Norfolk Southern Railway Co.: Sixth Circuit Clarifies the Reach of Federal Rule of Appellate Procedure 3(c)(6) and Re-emphasises Rigorous Causation Pleading in RLA Fraud and Duty-of-Fair-Representation Claims

James v. Norfolk Southern Railway Co.: Sixth Circuit Clarifies the Reach of Federal Rule of Appellate Procedure 3(c)(6) and Re-emphasises Rigorous Causation Pleading in RLA Fraud and Duty-of-Fair-Representation Claims

Date: Jul 23, 2025
James v. Norfolk Southern Railway Co.: Sixth Circuit Clarifies the Reach of Federal Rule of Appellate Procedure 3(c)(6) and Re-emphasises Rigorous Causation Pleading in RLA Fraud and...
Demasi and the Expansive Reach of Appeal Waivers: Sixth Circuit Bars Pre-Plea Constitutional Challenges on Direct Appeal

Demasi and the Expansive Reach of Appeal Waivers: Sixth Circuit Bars Pre-Plea Constitutional Challenges on Direct Appeal

Date: Jul 23, 2025
Demasi and the Expansive Reach of Appeal Waivers: Sixth Circuit Bars Pre-Plea Constitutional Challenges on Direct Appeal Introduction In United States v. Anthony Demasi, No. 24-1806 (6th Cir. 2025),...
United States v. Wright: Limiting Constitutional Review on Motions to Withdraw Guilty Pleas to the Statute of Conviction

United States v. Wright: Limiting Constitutional Review on Motions to Withdraw Guilty Pleas to the Statute of Conviction

Date: Jul 23, 2025
United States v. Wright: Limiting Constitutional Review on Motions to Withdraw Guilty Pleas to the Statute of Conviction 1. Introduction United States v. Billy Allen Wright, decided by the United...
United States v. Viramontes-Hernandez: Clarifying “Relevant Conduct” for the §2G2.2(b)(5) Pattern-of-Activity Enhancement

United States v. Viramontes-Hernandez: Clarifying “Relevant Conduct” for the §2G2.2(b)(5) Pattern-of-Activity Enhancement

Date: Jul 23, 2025
United States v. Viramontes-Hernandez: Clarifying “Relevant Conduct” for the §2G2.2(b)(5) Pattern-of-Activity Enhancement Introduction United States v. Emanuel Jose Viramontes-Hernandez, No. 24-1773...
Sixth Circuit Affirms District Courts’ Discretion to Treat Unscored Misdemeanor Conduct and Related Firearms as Aggravating Factors Under § 3553(a) – A Commentary on United States v. Bunn

Sixth Circuit Affirms District Courts’ Discretion to Treat Unscored Misdemeanor Conduct and Related Firearms as Aggravating Factors Under § 3553(a) – A Commentary on United States v. Bunn

Date: Jul 23, 2025
Sixth Circuit Affirms District Courts’ Discretion to Treat Unscored Misdemeanor Conduct and Related Firearms as Aggravating Factors Under § 3553(a) Comprehensive Commentary on United States v....
McClendon El v. Washington: Clarifying the Absence of a Liberty Interest in Avoiding Sex-Offender Programming under Michigan’s Discretionary Parole System

McClendon El v. Washington: Clarifying the Absence of a Liberty Interest in Avoiding Sex-Offender Programming under Michigan’s Discretionary Parole System

Date: Jul 22, 2025
McClendon El v. Washington: Clarifying the Absence of a Liberty Interest in Avoiding Sex-Offender Programming under Michigan’s Discretionary Parole System 1. Introduction In Anthony McClendon El v....
“Conscious Abandonment Equals Waiver” – United States v. Scales and the Sixth Circuit’s Clarification on Government Waiver of Probable-Cause Arguments

“Conscious Abandonment Equals Waiver” – United States v. Scales and the Sixth Circuit’s Clarification on Government Waiver of Probable-Cause Arguments

Date: Jul 22, 2025
“Conscious Abandonment Equals Waiver” – United States v. Scales and the Sixth Circuit’s Clarification on Government Waiver of Probable-Cause Arguments Introduction United States v. Jeffrey L. Scales,...
“Holistic Comparator Analysis in Workforce Reductions” – A Commentary on Dawn Hayes v. Clariant Plastics & Coatings USA, Inc.

“Holistic Comparator Analysis in Workforce Reductions” – A Commentary on Dawn Hayes v. Clariant Plastics & Coatings USA, Inc.

Date: Jul 22, 2025
“Holistic Comparator Analysis in Workforce Reductions” Commentary on Dawn Hayes v. Clariant Plastics & Coatings USA, Inc. I. Introduction In Hayes v. Clariant, the Sixth Circuit revisits the...
Arbitrator Findings & Post-Reinstatement Delay as Evidence of Pretext and Retaliation: A Commentary on Jeff Smith v. City of Union, Ohio (6th Cir. 2025)

Arbitrator Findings & Post-Reinstatement Delay as Evidence of Pretext and Retaliation: A Commentary on Jeff Smith v. City of Union, Ohio (6th Cir. 2025)

Date: Jul 22, 2025
Arbitrator Findings & Post-Reinstatement Delay as Evidence of Pretext and Retaliation Commentary on Jeff Smith v. City of Union, Ohio, 89 F.4th ___ (6th Cir. 2025) Introduction In Jeff Smith v. City...
Private-University Police as State Actors: A Commentary on Warman v. Mount St. Joseph University (6th Cir. 2025)

Private-University Police as State Actors: A Commentary on Warman v. Mount St. Joseph University (6th Cir. 2025)

Date: Jul 22, 2025
Private-University Police as State Actors: A Commentary on Warman v. Mount St. Joseph University (6th Cir. 2025) 1. Introduction In Matthew Warman v. Mount St. Joseph University, the United States...
Abeyance, Not Dismissal: Sixth Circuit Clarifies That Tennessee Criminal-Malpractice Claims Must Be Stayed Until Post-Conviction Relief Is Finally Resolved

Abeyance, Not Dismissal: Sixth Circuit Clarifies That Tennessee Criminal-Malpractice Claims Must Be Stayed Until Post-Conviction Relief Is Finally Resolved

Date: Jul 19, 2025
Abeyance, Not Dismissal: Sixth Circuit Clarifies That Tennessee Criminal-Malpractice Claims Must Be Stayed Until Post-Conviction Relief Is Finally Resolved Introduction In Dimitar Petlechkov v....
Sixth Circuit Reaffirms: Unauthorized Overtime as Legitimate, Nondiscriminatory Basis for Termination; No ADEA Hostile Environment Without an Age Nexus

Sixth Circuit Reaffirms: Unauthorized Overtime as Legitimate, Nondiscriminatory Basis for Termination; No ADEA Hostile Environment Without an Age Nexus

Date: Jul 18, 2025
Sixth Circuit Reaffirms: Unauthorized Overtime as Legitimate, Nondiscriminatory Basis for Termination; No ADEA Hostile Environment Without an Age Nexus Case: Cynthia Barnes v. Secretary of Veterans...
No Duty to Infer “Implied” PSGs; Failures on Persecution and Nexus Obviate “Unable/Unwilling” Findings; Defective NTAs Do Not Strip Jurisdiction — Sixth Circuit Commentary on Torres de Lopez v. Bondi

No Duty to Infer “Implied” PSGs; Failures on Persecution and Nexus Obviate “Unable/Unwilling” Findings; Defective NTAs Do Not Strip Jurisdiction — Sixth Circuit Commentary on Torres de Lopez v. Bondi

Date: Jul 18, 2025
No Duty to Infer “Implied” PSGs; Failures on Persecution and Nexus Obviate “Unable/Unwilling” Findings; Defective NTAs Do Not Strip Jurisdiction — Sixth Circuit in Torres de Lopez v. Bondi Court:...
No State-Law End-Run Around ERISA for Top-Hat Plans; “Equitable Surcharge” Is Not Available Under § 1132(a)(3)

No State-Law End-Run Around ERISA for Top-Hat Plans; “Equitable Surcharge” Is Not Available Under § 1132(a)(3)

Date: Jul 18, 2025
No State-Law End-Run Around ERISA for Top-Hat Plans; “Equitable Surcharge” Is Not Available Under § 1132(a)(3) Introduction In Jerry Aldridge v. Regions Bank, No. 24-5603 (6th Cir. July 17, 2025),...
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