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  • Commentaries
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6th Circuit Case Commentaries

Double-Waiver Forecloses Interlocutory Arbitration Appeal in Bankruptcy: Sixth Circuit Affirms Where Appellants Neither Preserved the Arbitration Agreement Nor Challenged Bankruptcy-Conflict Grounds

Double-Waiver Forecloses Interlocutory Arbitration Appeal in Bankruptcy: Sixth Circuit Affirms Where Appellants Neither Preserved the Arbitration Agreement Nor Challenged Bankruptcy-Conflict Grounds

Date: Jul 17, 2025
Double-Waiver Forecloses Interlocutory Arbitration Appeal in Bankruptcy: Sixth Circuit Affirms Where Appellants Neither Preserved the Arbitration Agreement Nor Challenged Bankruptcy-Conflict Grounds...
Sixth Circuit Clarifies Narrow Judicial Review of I‑751 Good‑Faith Marriage Waivers: Credibility and Weight-of-Evidence Challenges Are Unreviewable

Sixth Circuit Clarifies Narrow Judicial Review of I‑751 Good‑Faith Marriage Waivers: Credibility and Weight-of-Evidence Challenges Are Unreviewable

Date: Jul 17, 2025
Sixth Circuit Clarifies Narrow Judicial Review of I‑751 Good‑Faith Marriage Waivers: Credibility and Weight-of-Evidence Challenges Are Unreviewable Introduction In Nathaniel Kumedzro v. Pamela Bondi,...
Sixth Circuit Clarifies No Shortcuts Under Daubert or the TPLA: Expertise Must Match the Theory; Malfunction Theory and Consumer-Expectation Shortcuts Fail for Complex Medical Implants

Sixth Circuit Clarifies No Shortcuts Under Daubert or the TPLA: Expertise Must Match the Theory; Malfunction Theory and Consumer-Expectation Shortcuts Fail for Complex Medical Implants

Date: Jul 17, 2025
Sixth Circuit Clarifies No Shortcuts Under Daubert or the TPLA: Expertise Must Match the Theory; Malfunction Theory and Consumer-Expectation Shortcuts Fail for Complex Medical Implants Case: Joseph...
Sixth Circuit: No Lesser-Included Simple Possession Instruction Absent Countervailing Evidence; Reaffirmation of Speedy Trial Act Dismissal-Without-Prejudice Factors and Valid Faretta Waiver

Sixth Circuit: No Lesser-Included Simple Possession Instruction Absent Countervailing Evidence; Reaffirmation of Speedy Trial Act Dismissal-Without-Prejudice Factors and Valid Faretta Waiver

Date: Jul 16, 2025
Sixth Circuit: No Lesser-Included Simple Possession Instruction Absent Countervailing Evidence; Reaffirmation of Speedy Trial Act Dismissal-Without-Prejudice Factors and Valid Faretta Waiver...
Responsiveness Over Results: Sixth Circuit Reaffirms that Consistent Police Intervention Defeats “Unable or Unwilling” and that Plausible Explanations Do Not Salvage Adverse Credibility

Responsiveness Over Results: Sixth Circuit Reaffirms that Consistent Police Intervention Defeats “Unable or Unwilling” and that Plausible Explanations Do Not Salvage Adverse Credibility

Date: Jul 16, 2025
Responsiveness Over Results: Sixth Circuit Reaffirms that Consistent Police Intervention Defeats “Unable or Unwilling” and that Plausible Explanations Do Not Salvage Adverse Credibility Introduction...
Misreading PSR “National Sentencing Averages” Is a Procedural Error Reviewed Only for Plain Error; Within‑Guidelines Sentences Remain Presumptively Reasonable in the Sixth Circuit

Misreading PSR “National Sentencing Averages” Is a Procedural Error Reviewed Only for Plain Error; Within‑Guidelines Sentences Remain Presumptively Reasonable in the Sixth Circuit

Date: Jul 15, 2025
Misreading PSR “National Sentencing Averages” Is a Procedural Error Reviewed Only for Plain Error; Within‑Guidelines Sentences Remain Presumptively Reasonable in the Sixth Circuit Case: United States...
“Not a Mine-Run Failure to Register”: Sixth Circuit Reaffirms Broad Discretion to Impose Significant Upward Variances and Lifetime Supervised Release in SORNA Cases

“Not a Mine-Run Failure to Register”: Sixth Circuit Reaffirms Broad Discretion to Impose Significant Upward Variances and Lifetime Supervised Release in SORNA Cases

Date: Jul 15, 2025
“Not a Mine-Run Failure to Register”: Sixth Circuit Reaffirms Broad Discretion to Impose Significant Upward Variances and Lifetime Supervised Release in SORNA Cases Case: United States v. Travis...
Minor Inconsistencies and Clerical Errors Do Not Defeat Probable Cause – A Commentary on Cleveland Harville v. City of Warren, Mich.

Minor Inconsistencies and Clerical Errors Do Not Defeat Probable Cause – A Commentary on Cleveland Harville v. City of Warren, Mich.

Date: Jul 12, 2025
Minor Inconsistencies and Clerical Errors Do Not Defeat Probable Cause: An In-Depth Commentary on Cleveland Harville v. City of Warren, Michigan 1. Introduction The Sixth Circuit’s unpublished...
“Signature-Only” Settlements Are Not Fraud: A Commentary on Matthew Lucas v. Eric Miller (B.A.P. 6th Cir. 2025)

“Signature-Only” Settlements Are Not Fraud: A Commentary on Matthew Lucas v. Eric Miller (B.A.P. 6th Cir. 2025)

Date: Jul 12, 2025
“Signature-Only” Settlements Are Not Fraud: A Detailed Commentary on Matthew Lucas v. Eric Miller, B.A.P. 6th Cir. (2025) Introduction Matthew Lucas v. Eric Miller is a Bankruptcy Appellate Panel...
Sixth Circuit Re-Affirms the “Actual-Knowledge” Standard for Pre-2021 Jail-Suicide Claims and Declines Retroactive Application of Brawner’s Recklessness Test

Sixth Circuit Re-Affirms the “Actual-Knowledge” Standard for Pre-2021 Jail-Suicide Claims and Declines Retroactive Application of Brawner’s Recklessness Test

Date: Jul 12, 2025
Sixth Circuit Re-Affirms the “Actual-Knowledge” Standard for Pre-2021 Jail-Suicide Claims and Declines Retroactive Application of Brawner’s Recklessness Test 1. Introduction This commentary analyzes...
United States v. Martin: Sixth Circuit Re-Affirms the “Dangerousness” Standard for Disarming Felons and Domestic-Violence Misdemeanants After Bruen

United States v. Martin: Sixth Circuit Re-Affirms the “Dangerousness” Standard for Disarming Felons and Domestic-Violence Misdemeanants After Bruen

Date: Jul 12, 2025
United States v. Martin: Sixth Circuit Re-Affirms the “Dangerousness” Standard for Disarming Felons and Domestic-Violence Misdemeanants After Bruen 1. Introduction In United States v. Da Shawn Lee...
Sixth Circuit Clarifies that Payments *to* Independent Contractors Do Not Constitute “Payroll Costs” under the CARES Act’s Paycheck Protection Program

Sixth Circuit Clarifies that Payments *to* Independent Contractors Do Not Constitute “Payroll Costs” under the CARES Act’s Paycheck Protection Program

Date: Jul 12, 2025
Sixth Circuit Clarifies that Payments to Independent Contractors Do Not Constitute “Payroll Costs” under the CARES Act’s Paycheck Protection Program 1. Introduction In Veltor Underground, LLC v....
“Knowledge-Based Waiver” and the Party-Presentation Rule:  A Commentary on Andrew Berzanskis v. FCA US, LLC (6th Cir. 2025)

“Knowledge-Based Waiver” and the Party-Presentation Rule: A Commentary on Andrew Berzanskis v. FCA US, LLC (6th Cir. 2025)

Date: Jul 12, 2025
“Knowledge-Based Waiver” and the Party-Presentation Rule: A Comprehensive Commentary on Andrew Berzanskis v. FCA US, LLC (6th Cir. July 10, 2025) 1. Introduction The Sixth Circuit’s published opinion...
Finality over Flexibility: Sixth Circuit Bars Rule 60(b) Re-Litigation after an FTCA Judgment

Finality over Flexibility: Sixth Circuit Bars Rule 60(b) Re-Litigation after an FTCA Judgment

Date: Jul 12, 2025
Finality over Flexibility: Sixth Circuit Bars Rule 60(b) Re-Litigation after an FTCA Judgment Introduction James King v. United States is the latest chapter in a decade-long fight over the limits of...
Expanding the Ministerial Exception to Dual-Role School Administrators: A Commentary on Pulsifer v. Westshore Christian Academy

Expanding the Ministerial Exception to Dual-Role School Administrators: A Commentary on Pulsifer v. Westshore Christian Academy

Date: Jul 11, 2025
Expanding the Ministerial Exception to Dual-Role School Administrators: A Commentary on Pulsifer v. Westshore Christian Academy Introduction The United States Court of Appeals for the Sixth Circuit,...
Sixth Circuit Joins Sister Circuits in Rejecting the Exclusionary Rule for § 1983 Actions: A Commentary on Karim Codrington v. Jay Dolak

Sixth Circuit Joins Sister Circuits in Rejecting the Exclusionary Rule for § 1983 Actions: A Commentary on Karim Codrington v. Jay Dolak

Date: Jul 11, 2025
Sixth Circuit Joins Sister Circuits in Rejecting the Exclusionary Rule for § 1983 Actions: Commentary on Karim Codrington v. Jay Dolak, 25a0178p.06 (6th Cir. 2025) Introduction In Karim Codrington v....
OPV Partners v. City of Lansing: Non-Payment of Administrative Appeal Fees Bars Federal Due-Process and Takings Claims

OPV Partners v. City of Lansing: Non-Payment of Administrative Appeal Fees Bars Federal Due-Process and Takings Claims

Date: Jul 11, 2025
OPV Partners v. City of Lansing: Non-Payment of Administrative Appeal Fees Bars Federal Due-Process and Takings Claims Introduction OPV Partners, LLC owned and operated the 618-unit Autumn Ridge...
“Post-Loper Bright” Validation of the Split-Dollar Regulation – A Commentary on Peter McGowan v. United States (6th Cir. 2025)

“Post-Loper Bright” Validation of the Split-Dollar Regulation – A Commentary on Peter McGowan v. United States (6th Cir. 2025)

Date: Jul 11, 2025
“Post-Loper Bright” Validation of the Split-Dollar Regulation – A Commentary on Peter McGowan v. United States (6th Cir. 2025) 1. Introduction The Sixth Circuit’s decision in Peter McGowan v. United...
“One Minor, Two Roles”: Sixth Circuit Affirms Dual-Role Application of U.S.S.G. §3B1.4 and Clarifies Scope of §4B1.5(b)(1)

“One Minor, Two Roles”: Sixth Circuit Affirms Dual-Role Application of U.S.S.G. §3B1.4 and Clarifies Scope of §4B1.5(b)(1)

Date: Jul 11, 2025
“One Minor, Two Roles”: Sixth Circuit Affirms Dual-Role Application of U.S.S.G. §3B1.4 and Clarifies Scope of §4B1.5(b)(1) Introduction United States v. David Jason Parkey, No. 24-5812 (6th Cir. July...
United States v. Otis: Sixth Circuit Reaffirms That the Simultaneous Sale of Firearms and Narcotics Satisfies § 924(c)’s “During and in Relation To” Element and Clarifies Plain-Error Review of Guilty Pleas

United States v. Otis: Sixth Circuit Reaffirms That the Simultaneous Sale of Firearms and Narcotics Satisfies § 924(c)’s “During and in Relation To” Element and Clarifies Plain-Error Review of Guilty Pleas

Date: Jul 11, 2025
United States v. Otis: Sixth Circuit Reaffirms That the Simultaneous Sale of Firearms and Narcotics Satisfies § 924(c)’s “During and in Relation To” Element and Clarifies Plain-Error Review of Guilty...
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