Qualified Immunity in School-Use-of-Force Encounters: No Clearly Established Bar Where a Suspect Actively Resists and Attempts to Seize Weapons; Internally Contradictory Deposition Testimony Alone...
Campaign Speech by Confidential/Policymaking Court Employees Is Unprotected When It Undermines Loyalty to Court Policy (Sixth Circuit) Introduction In Jacqueline Gaines v. Denise Cross (6th Cir. Feb....
Rule 12(b)(6) Bar on Using Insurer “Domestication” Documents to Defeat Well-Pled Coverage Claims Without Summary-Judgment Conversion 1. Introduction William Powell Company (“Powell”), an Ohio...
Title VII Retaliation Claims Based on an Employee’s Arrest Remain Governed by McDonnell Douglas, Not § 1983 Retaliatory-Arrest Doctrine I. Introduction In Dreyon Wynn v. University of Toledo (6th...
Speculation Cannot Defeat Qualified Immunity in a § 1983 Search-Warrant Falsehood Claim, and Fourth Amendment Search Rights Are Personal to the Searched Premises Case: Darell Chancellor v. Stephen...
Mootness on Appeal When Post-Injunction Events Eliminate the Project’s Viability Introduction Gotion, Inc. v. Green Charter Township (6th Cir. Feb. 25, 2026) arises from a high-profile...
Non-Submission of a Grant Application Is a Self-Inflicted Injury That Breaks Article III Causation for § 1981 Damages Standing I. Introduction Nathan Roberts v. Progressive Preferred Ins. Co. (6th...
Generic Compliance “Puffery,” Cautionary Disclosures, and PSLRA Safe Harbor Defeat EO-Litigation Securities Claims Absent Specific Violations Introduction Oakland Cnty. Emp. Retirement Sys. v. Sotera...
Rule 23 Predominance Requires State-by-State Erie Predictions—Unsettled State Law Alone Cannot Defeat a Multistate Class Case: Generation Changers Church v. Church Mutual Ins. Co. (6th Cir. Feb. 23,...
Jury Exposure to Unadmitted Exhibits (Including a Codefendant Statement) Is Not Structural Error; Courts Must Apply Harmless-Error Review 1. Introduction Case: United States v. Erik Charles Maund;...
Enforcing Broad Employment Releases Executed with Workers’ Compensation Settlements to Bar ADA/PWDCRA Claims Case: Vella Crawford v. Magna Seating of America, Inc. (Sixth Cir. Feb. 20, 2026) (not...
Equitable Tolling for Motions to Reopen: Change-in-Law Alone Does Not Excuse Multi-Year Delay, and BIA’s Sua Sponte Refusal Is Unreviewable 1. Introduction Ben Georges Rayes v. Pamela Bondi is a...
Reedy v. Huron School District: Deference to School Safety Responses and Probable Cause for “Oxford”-Referenced Threats 1. Introduction Parties: Alison Reedy (as next friend) and D.R. (a minor) sued...
Life-Insurance Rescission in Michigan: Beneficiaries as Third-Party Beneficiaries Not Entitled to Bazzi Equitable Balancing Case: Elizabeth Ferguson v. MetLife Investors USA Ins. Co. (aka Brighthouse...
“Past or Present” Releases Do Not Unambiguously Bar After-Arising Claims at the Pleading Stage I. Introduction In Perfetti Van Melle USA, Inc. v. Dematic Corp. (6th Cir. Feb. 20, 2026), Perfetti Van...
Pretext Defeats the Administrative-Search Exception: Warrantless Liquor Inspections Cannot Be Used Primarily for Criminal Investigation Case: Generis Ent., LLC v. Mary Anne Donley (appeal concerning...
Unintended-Target Gunshot as a Fourth Amendment Seizure When Force Objectively Manifests Intent to Restrain (Post-Torres Rule) Case: Jennifer Kilnapp v. City of Cleveland, Ohio (No. 25-3149) | Court:...
Revocation Waiver-of-Counsel Is Reviewed for Abuse of Discretion and Assessed Under the Totality of Circumstances Case: United States v. Deldrick Lamar Spence (No. 25-5081) Court: United States Court...
Title III Suppression Is Limited to True “Aggrieved Persons”: Unnamed Co‑Conspirators and Later Call Participants Cannot Suppress Earlier Intercepts Case: United States v. Leron Liggins (No. 24-1894)...
United States v. Myrie: Equal-Protection Challenges to 8 U.S.C. § 1326 Must Prove Discriminatory Intent in the 1952 Enactment (No “Duty to Repudiate” 1929 Racism) Court: U.S. Court of Appeals for the...