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6th Circuit Case Commentaries

Upholding Discretionary Downward Variances: Non-Transmission as Mitigating Factor in Child Exploitation Sentencing

Upholding Discretionary Downward Variances: Non-Transmission as Mitigating Factor in Child Exploitation Sentencing

Date: May 20, 2025
Upholding Discretionary Downward Variances: Non-Transmission as Mitigating Factor in Child Exploitation Sentencing Introduction United States v. Patrick Howard Brady is a Sixth Circuit decision...
Affirming Fourth Amendment Compliance: Technical Warrant Omissions, Probable-Cause Nexus, and Plain-View Seizures

Affirming Fourth Amendment Compliance: Technical Warrant Omissions, Probable-Cause Nexus, and Plain-View Seizures

Date: May 20, 2025
Affirming Fourth Amendment Compliance: Technical Warrant Omissions, Probable-Cause Nexus, and Plain-View Seizures Introduction In United States v. Malgum Whiteside, Jr., 6th Cir. No. 24-1173 (May 19,...
Affirmation of Felon Firearm Transfer Ban and Recognition of Firearm Acquisition as a Second Amendment Corollary

Affirmation of Felon Firearm Transfer Ban and Recognition of Firearm Acquisition as a Second Amendment Corollary

Date: May 20, 2025
Affirmation of Felon Firearm Transfer Ban and Recognition of Firearm Acquisition as a Second Amendment Corollary Introduction United States v. Freddie Knipp, Jr. is a Sixth Circuit decision...
Enforceable Contract Formation by Conduct amid Conflicting Forms: Sixth Circuit’s UCC 2-207 Clarification

Enforceable Contract Formation by Conduct amid Conflicting Forms: Sixth Circuit’s UCC 2-207 Clarification

Date: May 20, 2025
Enforceable Contract Formation by Conduct amid Conflicting Forms: Sixth Circuit’s UCC 2-207 Clarification Introduction In BorgWarner PDS Irapuato S. de R.L. de C.V. v. Parker Hannifin Corp., the...
Materiality and AEDPA Deference: Limits on Napue/Brady Claims and Post-Conviction DNA Testing in Widmer v. Okereke

Materiality and AEDPA Deference: Limits on Napue/Brady Claims and Post-Conviction DNA Testing in Widmer v. Okereke

Date: May 20, 2025
Materiality and AEDPA Deference: Limits on Napue/Brady Claims and Post-Conviction DNA Testing in Widmer v. Okereke Introduction The Sixth Circuit’s May 19, 2025 decision in Ryan K. Widmer v. Jossette...
Aggravated Identity Theft Must Be “At the Crux”: United States v. King

Aggravated Identity Theft Must Be “At the Crux”: United States v. King

Date: May 20, 2025
Aggravated Identity Theft Must Be “At the Crux”: United States v. King Introduction United States v. Eric King, decided by the Sixth Circuit on May 19, 2025, addressed the scope of the federal...
Contract Formation by Conduct in the Battle of the Forms: BorgWarner PDS Irapuato v. Parker Hannifin Corp.

Contract Formation by Conduct in the Battle of the Forms: BorgWarner PDS Irapuato v. Parker Hannifin Corp.

Date: May 20, 2025
Contract Formation by Conduct in the Battle of the Forms BorgWarner PDS Irapuato S. de R.L. de C.V. v. Parker Hannifin Corp. Introduction This case arises from a supply-contract dispute between...
Permissible Rehabilitation References in Supervised‐Release Revocation Sentencing

Permissible Rehabilitation References in Supervised‐Release Revocation Sentencing

Date: May 17, 2025
Permissible Rehabilitation References in Supervised‐Release Revocation Sentencing Introduction This commentary examines the Sixth Circuit’s May 16, 2025 decision in United States v. Dominique Jamar...
Clarifying Discretion and Bad Faith Requirements for Trade Secrets Fee Awards under DTSA and OUTSA

Clarifying Discretion and Bad Faith Requirements for Trade Secrets Fee Awards under DTSA and OUTSA

Date: May 17, 2025
Clarifying Discretion and Bad Faith Requirements for Trade Secrets Fee Awards under DTSA and OUTSA Introduction This commentary examines the Sixth Circuit’s decision in Shepard & Assocs., Inc. v....
Refining State Action: Public School Employees Need Specific Delegated Authority to Conduct Searches

Refining State Action: Public School Employees Need Specific Delegated Authority to Conduct Searches

Date: May 17, 2025
Refining State Action: Public School Employees Need Specific Delegated Authority to Conduct Searches 1. Introduction In Holly Lawson v. Kayla Creely (6th Cir. 2025), the Sixth Circuit addressed...
Shepard Document Reliance for Categorical Determination of “Crime of Violence” in Sentencing Enhancements

Shepard Document Reliance for Categorical Determination of “Crime of Violence” in Sentencing Enhancements

Date: May 17, 2025
Shepard Document Reliance for Categorical Determination of “Crime of Violence” in Sentencing Enhancements Introduction United States v. Deondrae Key, decided by the Sixth Circuit on May 16, 2025,...
Abuse-of-Discretion, Not “Arbitrary and Capricious”: Sixth Circuit Clarifies ERISA Review and Confirms New Physician File Reviews Can Justify LTD Denials After STD Approvals

Abuse-of-Discretion, Not “Arbitrary and Capricious”: Sixth Circuit Clarifies ERISA Review and Confirms New Physician File Reviews Can Justify LTD Denials After STD Approvals

Date: May 16, 2025
Abuse-of-Discretion, Not “Arbitrary and Capricious”: Sixth Circuit Clarifies ERISA Review and Confirms New Physician File Reviews Can Justify LTD Denials After STD Approvals Introduction In Brandi...
Point‑Blank Spede‑Heat Is Deadly Force: Sixth Circuit Narrows Qualified Immunity for Riot‑Control Munitions and Demands Specific Proof for Monell Ratification

Point‑Blank Spede‑Heat Is Deadly Force: Sixth Circuit Narrows Qualified Immunity for Riot‑Control Munitions and Demands Specific Proof for Monell Ratification

Date: May 16, 2025
Point‑Blank Spede‑Heat Is Deadly Force: Sixth Circuit Narrows Qualified Immunity for Riot‑Control Munitions and Demands Specific Proof for Monell Ratification Introduction This published decision...
Odor of Marijuana From a Home, Attested by a Trained Officer, Is Sufficient to Trigger the Leon Good‑Faith Exception for a Residential Search Warrant

Odor of Marijuana From a Home, Attested by a Trained Officer, Is Sufficient to Trigger the Leon Good‑Faith Exception for a Residential Search Warrant

Date: May 16, 2025
Odor of Marijuana From a Home, Attested by a Trained Officer, Is Sufficient to Trigger the Leon Good‑Faith Exception for a Residential Search Warrant Case: United States v. Adam Noble, Jr. (6th Cir....
Empirical Intended-Loss and Distinct-Harms Enhancements in International Crypto Laundering; MVRA Restitution Sustained Despite Late Filing — Commentary on United States v. Mitan (6th Cir. 2025)

Empirical Intended-Loss and Distinct-Harms Enhancements in International Crypto Laundering; MVRA Restitution Sustained Despite Late Filing — Commentary on United States v. Mitan (6th Cir. 2025)

Date: May 15, 2025
Empirical Intended-Loss and Distinct-Harms Enhancements in International Crypto Laundering; MVRA Restitution Sustained Despite Late Filing — United States v. Mitan (6th Cir. 2025) Court: U.S. Court...
Empirical Intended-Loss Estimation, Distinct-Harm Enhancements, and MVRA Restitution Notice: Sixth Circuit Affirms in United States v. Mitan

Empirical Intended-Loss Estimation, Distinct-Harm Enhancements, and MVRA Restitution Notice: Sixth Circuit Affirms in United States v. Mitan

Date: May 15, 2025
Empirical Intended-Loss Estimation, Distinct-Harm Enhancements, and MVRA Restitution Notice: Sixth Circuit Affirms in United States v. Mitan Introduction In United States v. Adrian Mitan (6th Cir....
Undue Hardship in Pediatric Healthcare: Sixth Circuit affirms that exempting an unvaccinated employee from COVID-19 testing constitutes an undue hardship under Groff

Undue Hardship in Pediatric Healthcare: Sixth Circuit affirms that exempting an unvaccinated employee from COVID-19 testing constitutes an undue hardship under Groff

Date: May 15, 2025
Undue Hardship in Pediatric Healthcare: Sixth Circuit affirms that exempting an unvaccinated employee from COVID-19 testing constitutes an undue hardship under Groff Introduction In Wise v....
Clarifying Intended-Loss Calculations and Distinct Enhancements for Overseas Crypto Laundering; MVRA Restitution Without Express Request — United States v. Mitan

Clarifying Intended-Loss Calculations and Distinct Enhancements for Overseas Crypto Laundering; MVRA Restitution Without Express Request — United States v. Mitan

Date: May 15, 2025
Clarifying Intended-Loss Calculations and Distinct Enhancements for Overseas Crypto Laundering; MVRA Restitution Without Express Request — United States v. Mitan Introduction In United States v....
Shared-Device CSAM Cases: Password-Protected Account, GUID, and P2P Auto‑Downloads Sustain Conviction on “Manifest Miscarriage” Review — United States v. Frater (6th Cir. 2025)

Shared-Device CSAM Cases: Password-Protected Account, GUID, and P2P Auto‑Downloads Sustain Conviction on “Manifest Miscarriage” Review — United States v. Frater (6th Cir. 2025)

Date: May 14, 2025
Shared-Device CSAM Cases: Password-Protected Account, GUID, and P2P Auto‑Downloads Sustain Conviction on “Manifest Miscarriage” Review — United States v. Frater (6th Cir. 2025) Introduction In United...
RFRA’s “Appropriate Relief” Does Not Waive Federal Sovereign Immunity for Retrospective Monetary Relief: Sixth Circuit Treats Missed Reserve Drill Pay and Retirement Points as Legal Damages

RFRA’s “Appropriate Relief” Does Not Waive Federal Sovereign Immunity for Retrospective Monetary Relief: Sixth Circuit Treats Missed Reserve Drill Pay and Retirement Points as Legal Damages

Date: May 13, 2025
RFRA’s “Appropriate Relief” Does Not Waive Federal Sovereign Immunity for Retrospective Monetary Relief: Sixth Circuit Treats Missed Reserve Drill Pay and Retirement Points as Legal Damages...
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