Withdrawal from Multiemployer Bargaining Is Timely if Notice Precedes the Start of Negotiations—Contract-Modification Deadlines Do Not Control Absent Commenced Bargaining 1. Introduction Rieth-Riley...
Procedural Due Process Challenges to Michigan Lake-Level Amendments Require Concrete Harm and a State-Law Individual Entitlement Case: Gregory Semack v. Roscommon Cnty., Mich. (6th Cir. Apr. 7, 2026)...
Precision Required: Exhaustion and Forfeiture Bar New or Unbriefed “Particular Social Group” Theories on Petition for Review I. Introduction In Juan Gamas-Vicente v. Todd Blanche (6th Cir. Apr. 7,...
ERISA Preempts State PBM “Any-Willing-Provider” and Anti-Steering Incentive Restrictions that Dictate Pharmacy Network Design and Cost-Sharing Case: McKee Foods Corp. v. BFP Inc. (6th Cir. Apr. 7,...
Hybrid Pro Se Defense: A Defendant’s Acquiescence to Standby Counsel’s Sidebar Participation Defeats Faretta/“Critical Stage” Claims I. Introduction In United States v. Joseph Michael McNoriell...
Grand-Jury Indictment Presumption Controls § 1983 Retaliatory- and Malicious-Prosecution Claims; Lozman’s Probable-Cause Exception Does Not Extend to Retaliatory Prosecution Introduction In John...
ERISA Fiduciary-Duty Claims Are Garmon-Barred When Liability Turns on an Unresolved NLRA Status-Quo Duty I. Introduction In Rieth-Riley Construction Co. v. Operating Engineers Local 324 (6th Cir....
United States v. Vannelli: District Courts May Reject Rule 11(c)(1)(C) Pleas on § 3553(a) Grounds and Treat Multi-Day Child-Sex Conduct as “Separate Occasions” Under U.S.S.G. § 4B1.5(b) (Even...
United States v. John C. Farris: Sixth Circuit Sanctions for Unverified AI-Generated Appellate Briefing and Reaffirms Nondelegable Duty of Candor and Citation Verification Court: Court of Appeals for...
ACCA Elements Clause: Intent Must Attach to the Use of Force (Not the Resulting Injury) and Florida Aggravated Assault/Felony Battery and Ohio Domestic Violence Qualify as Violent Felonies...
Mercer v. Stewart: Omitted Defense-of-Others Instructions Are Mixed Questions Governed by AEDPA § 2254(d)(1), and Habeas Relief Is Barred Absent a Clearly Established Supreme Court Right 1....
Violent-Felony Arrests, Active Resistance, and Qualified Immunity: Fact-Specific “Clearly Established” Limits on Takedowns and Knee Strikes Case: Latoya Aaron v. Darren King (as Legal Guardian of...
Denial of a Defense-of-Others Jury Instruction Is Reviewed Under AEDPA § 2254(d)(1), and Keahey Forecloses Habeas Relief Absent Clearly Established Supreme Court Law Requiring the Instruction...
Full Faith and Credit Claim Preclusion Bars Later I-864 Affidavit of Support Enforcement When the Claim Could Have Been Raised in Divorce Introduction In Randy Kris Ramgoolam v. Ritu Gupta (6th Cir....
Sixth Circuit: No Williams Remand When the Record Makes Felon Dangerousness “Self-Evident” Under § 922(g)(1) I. Introduction Case: United States v. Tony Wilkinson (6th Cir. Apr. 2, 2026)...
Sixth Circuit Limits Judicial-Ethics Enforcement: “Cascading” Discipline Fails Strict Scrutiny Absent Proven, Knowing Falsity Case: Hon. Donna Greenwell Dutton v. Jimmy Shaffer, et al. (6th Cir.)...
Sixth Circuit Limits “Cascading” Judicial-Ethics Enforcement: Integrity and Relationship Canons Cannot Be Used to Punish Campaign Speech Absent an Independent, Fact-Supported Basis Beyond Alleged...
Post–Loper Bright Validation of DOL’s 2013 Third-Party Home-Care Overtime Rule and No Standing to Challenge Companionship Definition I. Introduction In U.S. Dep't of Labor v. Americare Healthcare...
Sixth Circuit Bars “50%-Served” Customs for Early Termination of Supervised Release Absent an Individualized § 3553(a) Analysis I. Introduction In United States v. Guy Collins (6th Cir. Apr. 1,...
United States v. Collins: Early-Termination Denials Cannot Rest on a “Fifty-Percent” Custom Without an Individualized § 3553(a) Analysis 1. Introduction In United States v. Guy Collins (Sixth Cir....