6th Circuit Case Commentaries

Termination “in One-Year Increments” Requires Year-End (Not Mid-Year) Exit When Contract Structure and Seasonal Economics Make Partial-Year Termination Distort Profit-Sharing

Date: Feb 11, 2026

Termination “in One-Year Increments” Requires Year-End (Not Mid-Year) Exit When Contract Structure and Seasonal Economics Make Partial-Year Termination Distort Profit-Sharing Introduction Drexel...

Pleading Causation for Understaffing-Based Eighth Amendment Claims in Prison Overdose Cases

Date: Feb 8, 2026

Pleading Causation for Understaffing-Based Eighth Amendment Claims in Prison Overdose Cases I. Introduction In Christine Williams v. CoreCivic of Tennessee, LLC, the Sixth Circuit affirmed the...

Oral Pronouncement Controls: De Novo Review and Remand When Written Judgment Adds Unannounced Special Supervised-Release Conditions

Date: Feb 7, 2026

Oral Pronouncement Controls: De Novo Review and Remand When Written Judgment Adds Unannounced Special Supervised-Release Conditions Introduction In United States v. Cortez Blake (6th Cir. Feb. 5,...

Appeal Waivers Encompass Within-Guidelines Imprisonment Imposed After Probation Revocation

Date: Feb 7, 2026

Appeal Waivers Encompass Within-Guidelines Imprisonment Imposed After Probation Revocation Introduction In United States v. Brandie Nicole Appleton (6th Cir. Feb. 5, 2026), the Sixth Circuit...

Unfulfilled Gang Threats Against Police Officers Are Occupational Hazards, Not “Persecution,” and El Salvador’s Anti-Gang Efforts Defeat CAT “Acquiescence”

Date: Feb 6, 2026

Unfulfilled Gang Threats Against Police Officers Are Occupational Hazards, Not “Persecution,” and El Salvador’s Anti-Gang Efforts Defeat CAT “Acquiescence” 1. Introduction In Domingo Lopez Alvarado...

“Claims Involving” CBA-Covered Employees: Arbitration Exclusion Applies Even to Non-Union Supervisors When Union Employees Are Integral to the Claim

Date: Feb 6, 2026

“Claims Involving” CBA-Covered Employees: Arbitration Exclusion Applies Even to Non-Union Supervisors When Union Employees Are Integral to the Claim 1. Introduction Robert Barnes v. G4S Secure...

Physical Interference with an Active Police Investigation Supplies Probable Cause for Kentucky Obstruction, Defeating § 1983 Seizure/Force and Derivative Monell Claims

Date: Feb 6, 2026

Physical Interference with an Active Police Investigation Supplies Probable Cause for Kentucky Obstruction, Defeating § 1983 Seizure/Force and Derivative Monell Claims Case: Anthony Camarca v. City...

Post-Decision Exclusion of Excess Medical-Opinion Testimony Under 20 C.F.R. § 725.414 Does Not Violate Due Process Absent Prejudice

Date: Feb 6, 2026

Post-Decision Exclusion of Excess Medical-Opinion Testimony Under 20 C.F.R. § 725.414 Does Not Violate Due Process Absent Prejudice Case: Island Creek Ky. Mining v. OWCPC (6th Cir. Feb. 4, 2026) (not...

Arbitration Exclusion for “Claims Involving” CBA-Covered Employees: Plain-Meaning Control Over FAA Presumptions

Date: Feb 6, 2026

Arbitration Exclusion for “Claims Involving” CBA-Covered Employees: Plain-Meaning Control Over FAA Presumptions Introduction In Robert Barnes v. G4S Secure Solutions (USA) Inc., the Sixth Circuit...

Counterfeit Drug “Loss” Under U.S.S.G. § 2B1.1: End-User Street Price as “Amount Paid” in an FDA-Approval Misrepresentation Scheme

Date: Feb 6, 2026

Counterfeit Drug “Loss” Under U.S.S.G. § 2B1.1: End-User Street Price as “Amount Paid” in an FDA-Approval Misrepresentation Scheme Case: United States v. Omar Thomas Wala (6th Cir. Feb. 4, 2026)...

Harmless-Error Review When a Sentencing Court Appears to Disclaim Policy Authority to Vary from Marijuana Guidelines

Date: Feb 5, 2026

Harmless-Error Review When a Sentencing Court Appears to Disclaim Policy Authority to Vary from Marijuana Guidelines Case: United States v. Mason Shelton (consolidated with Tyler Richard Seaberg)...

Michigan PWDCRA: Temporary “Compassion” Restructuring Does Not Redefine Job Duties or Create a Permanent Accommodation Obligation

Date: Feb 5, 2026

Michigan PWDCRA: Temporary “Compassion” Restructuring Does Not Redefine Job Duties or Create a Permanent Accommodation Obligation Case: Robert Koscielski v. DDP Specialty Electronic Materials US,...

Harmless Error Where a District Court’s Policy-Variance Misstatements Are Offset by Adopted, Independent § 3553(a) Reasoning

Date: Feb 5, 2026

Harmless Error Where a District Court’s Policy-Variance Misstatements Are Offset by Adopted, Independent § 3553(a) Reasoning Introduction In United States v. Tyler Richard Seaberg (consolidated with...

In re Bailey: A Divorce Restraining Order to Preserve Business Proceeds Does Not Create a § 523(a)(4) Express Trust, and Setoff Rights Alone Do Not Establish “Cause” for Stay Relief

Date: Feb 4, 2026

In re Bailey: A Divorce Restraining Order to Preserve Business Proceeds Does Not Create a § 523(a)(4) Express Trust, and Setoff Rights Alone Do Not Establish “Cause” for Stay Relief 1. Introduction...

Revocation of Supervised Release: Credibility Findings and Brief On-the-Record Reasons Satisfy Due Process

Date: Feb 4, 2026

Revocation of Supervised Release: Credibility Findings and Brief On-the-Record Reasons Satisfy Due Process I. Introduction In United States v. Taureen Nickles (6th Cir. Feb. 2, 2026), the Sixth...

Divorce Restraining Orders Requiring Deposit of Business Proceeds Do Not, Without More, Create a § 523(a)(4) Trust; Property-Division Judgments Are Not DSOs Absent Proof of Support Intent/Effect

Date: Feb 3, 2026

Divorce Restraining Orders Requiring Deposit of Business Proceeds Do Not, Without More, Create a § 523(a)(4) Trust; Property-Division Judgments Are Not DSOs Absent Proof of Support Intent/Effect...

Unloaded, Concealed Firearm Near Drug Proceeds Can Trigger U.S.S.G. § 2D1.1(b)(1) Absent a “Clearly Improbable” Disconnect

Date: Feb 3, 2026

Unloaded, Concealed Firearm Near Drug Proceeds Can Trigger U.S.S.G. § 2D1.1(b)(1) Absent a “Clearly Improbable” Disconnect Introduction In United States v. Christopher Springfield (Sixth Circuit,...

Holmes Youthful Trainee Act Status Leaves a Defendant “Under Indictment” for 18 U.S.C. § 922(n) and U.S.S.G. § 2K2.1(a)(4)(B)

Date: Feb 1, 2026

Holmes Youthful Trainee Act Status Leaves a Defendant “Under Indictment” for 18 U.S.C. § 922(n) and U.S.S.G. § 2K2.1(a)(4)(B) I. Introduction United States v. Carmello Anthony Rolon (Sixth Circuit,...

Pretrial-Release “Danger” Findings Do Not Control Williams Dangerousness for § 922(g)(1) As-Applied Second Amendment Challenges

Date: Feb 1, 2026

Pretrial-Release “Danger” Findings Do Not Control Williams Dangerousness for § 922(g)(1) As-Applied Second Amendment Challenges Case: United States v. Chad Christopher Taylor (6th Cir. Jan. 30, 2026)...

Controlled Buys, Return-to-Residence Surveillance, and “Tools-of-the-Trade” Inferences Establish Probable Cause (and Defeat Staleness) for Drug-Den Gun-and-Drug Searches

Date: Feb 1, 2026

Controlled Buys, Return-to-Residence Surveillance, and “Tools-of-the-Trade” Inferences Establish Probable Cause (and Defeat Staleness) for Drug-Den Gun-and-Drug Searches I. Introduction United States...