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  • Commentaries
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6th Circuit Case Commentaries

“The Watson Rule”: Visible Contraband & Identity Refusal as Independent Sources of Probable Cause under the Fourth Amendment

“The Watson Rule”: Visible Contraband & Identity Refusal as Independent Sources of Probable Cause under the Fourth Amendment

Date: Jul 11, 2025
“The Watson Rule”: Visible Contraband & Identity Refusal as Independent Sources of Probable Cause under the Fourth Amendment Introduction United States v. Watson, No. 24-3679 (6th Cir. July 9, 2025)...
“A Modicum Is Enough” – United States v. Hollins and the Sixth Circuit’s Refined Good-Faith & Drug-Premises Doctrine

“A Modicum Is Enough” – United States v. Hollins and the Sixth Circuit’s Refined Good-Faith & Drug-Premises Doctrine

Date: Jul 11, 2025
“A Modicum Is Enough” – United States v. Hollins and the Sixth Circuit’s Refined Good-Faith & Drug-Premises Doctrine 1. Introduction United States v. Kendall Hollins, No. 24-1465 (6th Cir. July 9,...
“Bringing Brokers Within the Safety Fold” – Sixth Circuit Declares Negligent-Hiring Claims Against Freight Brokers Survive FAAAA Pre-emption

“Bringing Brokers Within the Safety Fold” – Sixth Circuit Declares Negligent-Hiring Claims Against Freight Brokers Survive FAAAA Pre-emption

Date: Jul 11, 2025
“Bringing Brokers Within the Safety Fold” – Sixth Circuit Declares Negligent-Hiring Claims Against Freight Brokers Survive FAAAA Pre-emption 1. Introduction In Robert Cox v. Total Quality Logistics,...
United States v. Bond: “Lying-in-Wait” Shooting Satisfies Specific-Intent Requirement for Attempted-Murder Cross-Reference under U.S.S.G. § 2K2.1

United States v. Bond: “Lying-in-Wait” Shooting Satisfies Specific-Intent Requirement for Attempted-Murder Cross-Reference under U.S.S.G. § 2K2.1

Date: Jul 11, 2025
United States v. Bond: “Lying-in-Wait” Shooting Satisfies Specific-Intent Requirement for Attempted-Murder Cross-Reference under U.S.S.G. § 2K2.1 1. Introduction The Sixth Circuit’s unpublished...
“Standing, Not Merits”: Sixth Circuit Re-affirms the Wall between Article III Standing and State-Law Causes of Action in Stewart v. Martin

“Standing, Not Merits”: Sixth Circuit Re-affirms the Wall between Article III Standing and State-Law Causes of Action in Stewart v. Martin

Date: Jul 8, 2025
“Standing, Not Merits”: Sixth Circuit Re-affirms the Wall between Article III Standing and State-Law Causes of Action in Stewart v. Martin 1. Introduction Court & Date: United States Court of Appeals...
“Standing Without a Cause?” – Sixth Circuit Re-Affirms the Firewall between Article III Standing and State-Law Causes of Action (Commentary on Stewart v. Martin, 25 F.4th ___ (6th Cir. 2025))

“Standing Without a Cause?” – Sixth Circuit Re-Affirms the Firewall between Article III Standing and State-Law Causes of Action (Commentary on Stewart v. Martin, 25 F.4th ___ (6th Cir. 2025))

Date: Jul 8, 2025
“Standing Without a Cause?” – Sixth Circuit Re-Affirms the Firewall between Article III Standing and State-Law Causes of Action Comprehensive Commentary on Stewart v. Martin, Nos. 24-3648/3708 (6th...
Livingston v. Livingston Music: Preclusive Effect of State Probate Orders on §203 Copyright-Termination Challenges

Livingston v. Livingston Music: Preclusive Effect of State Probate Orders on §203 Copyright-Termination Challenges

Date: Jul 8, 2025
Livingston v. Livingston Music: Preclusive Effect of State Probate Orders on §203 Copyright-Termination Challenges Introduction The decision in Tammy Livingston v. Jay Livingston Music, Inc.,...
“Beyond the Score”: Sixth Circuit Re-Affirms Broad Sentencing Discretion to Up-Variance on Recidivism Grounds — Commentary on United States v. Timothy Noble, No. 24-5186 (6th Cir. 2025)

“Beyond the Score”: Sixth Circuit Re-Affirms Broad Sentencing Discretion to Up-Variance on Recidivism Grounds — Commentary on United States v. Timothy Noble, No. 24-5186 (6th Cir. 2025)

Date: Jul 8, 2025
“Beyond the Score”: Sixth Circuit Re-Affirms Broad Sentencing Discretion to Up-Variance on Recidivism Grounds Commentary on United States v. Timothy Noble, No. 24-5186 (6th Cir. July 7 2025) I....
Sixth Circuit Endorses Measured Reliance on JSIN Statistics When Balancing § 3553(a) Factors in Child-Pornography “Sextortion” Sentencings

Sixth Circuit Endorses Measured Reliance on JSIN Statistics When Balancing § 3553(a) Factors in Child-Pornography “Sextortion” Sentencings

Date: Jul 5, 2025
Sixth Circuit Endorses Measured Reliance on JSIN Statistics When Balancing § 3553(a) Factors in Child-Pornography “Sextortion” Sentencings Introduction United States v. Brenden David Martin is an...
Rule 36 Is Not a Back-Dating Device: Sixth Circuit Re-defines the Narrow Ambit of “Clerical Error” in United States v. Anderson

Rule 36 Is Not a Back-Dating Device: Sixth Circuit Re-defines the Narrow Ambit of “Clerical Error” in United States v. Anderson

Date: Jul 5, 2025
Rule 36 Is Not a Back-Dating Device: Sixth Circuit Re-defines the Narrow Ambit of “Clerical Error” in United States v. Marzell Anderson, III Introduction The Sixth Circuit’s unpublished opinion in...
“Beyond Call Volume” – Sixth Circuit Re-affirms Twombly/Iqbal Pleading Threshold for TCPA Autodialer & Prerecorded-Voice Claims

“Beyond Call Volume” – Sixth Circuit Re-affirms Twombly/Iqbal Pleading Threshold for TCPA Autodialer & Prerecorded-Voice Claims

Date: Jul 3, 2025
“Beyond Call Volume” – Sixth Circuit Re-affirms Twombly/Iqbal Pleading Threshold for TCPA Autodialer & Prerecorded-Voice Claims Introduction Antonio Lynn Fluker, Jr. v. Ally Financial, Inc., No....
Smith v. Davis: Strengthening Federal Oversight of Conditional Habeas Writs and the Presumption of Release Pending Appeal

Smith v. Davis: Strengthening Federal Oversight of Conditional Habeas Writs and the Presumption of Release Pending Appeal

Date: Jul 3, 2025
Smith v. Davis: Strengthening Federal Oversight of Conditional Habeas Writs and the Presumption of Release Pending Appeal Introduction David M. Smith was twice convicted in Ohio state court for the...
Savel v. MetroHealth: Sixth Circuit Clarifies Post-Groff “Undue Hardship” and Rejects an Implied Interactive-Process Duty under Title VII

Savel v. MetroHealth: Sixth Circuit Clarifies Post-Groff “Undue Hardship” and Rejects an Implied Interactive-Process Duty under Title VII

Date: Jul 3, 2025
Savel v. MetroHealth: Sixth Circuit Clarifies Post-Groff “Undue Hardship” and Rejects an Implied Interactive-Process Duty under Title VII Introduction In Frank Savel v. The MetroHealth System, No....
Sixth Circuit Re-Affirms Broad Discretion for Upward Variances When the Defendant Commits New Crimes While Incarcerated & After Escape – Commentary on United States v. Alex Robinson (2025)

Sixth Circuit Re-Affirms Broad Discretion for Upward Variances When the Defendant Commits New Crimes While Incarcerated & After Escape – Commentary on United States v. Alex Robinson (2025)

Date: Jul 3, 2025
Sixth Circuit Re-Affirms Broad Discretion for Upward Variances When the Defendant Commits New Crimes While Incarcerated & After Escape – Commentary on United States v. Alex Robinson (2025)...
Strategic Delay Is Not “Good-Cause” – The Sixth Circuit in United States v. Downey Clarifies Standards for Untimely Suppression Motions and Confirms Broad Application of Constructive Possession & Sentencing Enhancements

Strategic Delay Is Not “Good-Cause” – The Sixth Circuit in United States v. Downey Clarifies Standards for Untimely Suppression Motions and Confirms Broad Application of Constructive Possession & Sentencing Enhancements

Date: Jul 3, 2025
Strategic Delay Is Not “Good-Cause” – The Sixth Circuit in United States v. Chase Russell Downey Clarifies Standards for Untimely Suppression Motions and Confirms Broad Application of Constructive...
United States v. Deangelus Thomas – Sixth Circuit Confirms that Erlinger Errors Are Subject to Harmless-Error Review and May Be Resolved with Shepard Documents

United States v. Deangelus Thomas – Sixth Circuit Confirms that Erlinger Errors Are Subject to Harmless-Error Review and May Be Resolved with Shepard Documents

Date: Jul 3, 2025
United States v. Deangelus Thomas – Sixth Circuit Confirms that Erlinger Errors Are Subject to Harmless-Error Review and May Be Resolved with Shepard Documents 1. Introduction United States v....
“Jury, Not Judge” – The Sixth Circuit’s First Full Application of Erlinger to the ACCA “Different-Occasions” Question

“Jury, Not Judge” – The Sixth Circuit’s First Full Application of Erlinger to the ACCA “Different-Occasions” Question

Date: Jul 3, 2025
“Jury, Not Judge” – The Sixth Circuit’s First Full Application of Erlinger to the ACCA “Different-Occasions” Question Introduction The Sixth Circuit’s decision in United States v. Timothy John Lewis,...
United States v. Horsley: Sixth Circuit Clarifies Explanation Requirements and Appellate Review Standards for § 3582(c)(2) Sentence Reductions Post-Amendment 821

United States v. Horsley: Sixth Circuit Clarifies Explanation Requirements and Appellate Review Standards for § 3582(c)(2) Sentence Reductions Post-Amendment 821

Date: Jul 3, 2025
United States v. Horsley: Sixth Circuit Clarifies Explanation Requirements and Appellate Review Standards for § 3582(c)(2) Sentence Reductions Post-Amendment 821 1. Introduction United States v....
No Quasi-Contractual Duty to Pay “Full Value” of Out-of-Network Emergency Care – Commentary on AMISUB (SFH), Inc. v. Cigna Health & Life Ins. Co.

No Quasi-Contractual Duty to Pay “Full Value” of Out-of-Network Emergency Care – Commentary on AMISUB (SFH), Inc. v. Cigna Health & Life Ins. Co.

Date: Jul 3, 2025
No Quasi-Contractual Duty to Pay “Full Value” of Out-of-Network Emergency Care: The Sixth Circuit Clarifies the Limits of Quantum Meruit in AMISUB (SFH), Inc. v. Cigna Health & Life Insurance Co. 1....
Post-Bruen Endorsement of Federal Firearms Prohibitions: United States v. Greely, Branch & Burnett

Post-Bruen Endorsement of Federal Firearms Prohibitions: United States v. Greely, Branch & Burnett

Date: Jul 3, 2025
Post-Bruen Endorsement of Federal Firearms Prohibitions – A Sixth Circuit Commentary on United States v. Greely, Branch & Burnett Introduction The consolidated appeal in United States v. Demarcus...
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