NetChoice’s Two-Step Facial-Overbreadth Review Required Before Enjoining Kentucky’s Sex-Offender Social-Media Name-Disclosure Law Case: John Doe v. John Burlew (Nos. 24-5669/5743) Court: United...
Facial First Amendment Overbreadth Challenges Must Follow NetChoice’s Two-Step “Scope-and-Applications” Review I. Introduction In John Doe v. John Burlew, the Sixth Circuit vacated a preliminary...
Hybrid “Click-to-Consent” Webpages Form Binding Arbitration Contracts Under California Law When Notice Is Conspicuous and Coupled to the Action Button Introduction In Michael Dahdah v. Rocket...
MVRA Restitution Must Be Offset by Proven Repayments; Scheme Restitution May Extend Beyond Charged Wire Transfers When the Plea Colloquy Confirms a Broader Fraud Scheme Introduction In United States...
Material “Lulling” Misrepresentations and Single-Scheme, Multi‑Victim Fraud Are Not Duplicity Problems (Sixth Cir. 2026) I. Introduction In United States v. Karl Hampton (6th Cir. Jan. 26, 2026), the...
Qualified Immunity for Doorway “Grab-and-Pull,” Takedown, and Knee-to-Back Where Resistance Is Ambiguous and Safety Threats Are Present I. Introduction In Rebecca Lucas v. City of Reynoldsburg, Ohio,...
Incidental Canine Contact During a Lawful Vehicle Sniff Is Not a Fourth Amendment “Search” Under Jones; Chain-of-Custody Gaps Typically Go to Weight, Not Admissibility Case: United States v. Steven...
Unobjected-to Body-Cam Hearsay in Supervised-Release Revocation: No On-the-Record Rule 32.1 Balancing Required I. Introduction In United States v. Nicholas Javon Martin (6th Cir. Jan. 22, 2026)...
“No Recollection” Testimony Cannot Prove a Disputed Event Occurred: Sixth Circuit Clarifies Evidentiary Sufficiency for Monell Causation Case: Michael Victor v. Kimberly Reynolds; Advanced...
§ 924(c) “In Furtherance” Sufficiency: Strategically Accessible Firearms Near Drugs and Ongoing Hand-to-Hand Dealing Can Sustain Convictions Without Disproving a “Personal Security” Motive...
Extending a Traffic Stop for a K-9 Sniff: Independent Reasonable Suspicion and Unfinished “Mission,” Plus Counting Old Convictions When Incarceration Extends into the 15-Year Window 1. Introduction...
ERISA Procedural Arbitrary-and-Capricious Review: Administrators Must Grapple with Treating-Clinician Evidence and Rationally Explain Benefit Reversals; Parity Act As-Aplied Claims Require Comparator...
Title VII Pretext Requires Probative Evidence Beyond “Sabotage” Narratives; Retaliation Must Be Exhausted in the Administrative Charge I. Introduction In Wendy Davis v. Univ. of Toledo (6th Cir. Jan....
Objective Reasonableness of Low-Output Contact Shocks During Booking and Reasonable Deference to Jail Medical Staff Introduction In Joshua Aaron Elswick v. Ryan Derrough (Sixth Circuit, Jan. 21,...
Comparator Evidence Must Reflect Comparable Performance Problems, Not Isolated Lapses, to Survive Summary Judgment in Race-Based Termination and Hostile-Work-Environment Claims Case: LaDonna Blewett...
911 Dispatch Assurances and Call-Coding Errors Are Not “Affirmative Acts” for State-Created Danger; Monell Requires an Underlying Due Process Violation Case: Cody Boone v. Ottawa County Central...
Extradition Defects Do Not Defeat Federal Criminal Jurisdiction; Repeated Demands to Fire Appointed Counsel Can Effect a Valid Waiver I. Introduction In United States v. Khaophone Sychantha (6th Cir....
Dye v. Frederick: Speculation About Uncalled Witnesses or Successive-Representation Conflicts Cannot Surmount AEDPA–Strickland Double Deference Court: United States Court of Appeals for the Sixth...
United States v. Aaron Loines: Harmless-Error Review for § 851 Serious-Drug-Felony Factfinding and “Finality” Defined by Expired Appeal Period Court: U.S. Court of Appeals for the Sixth Circuit Date:...
Puffery, Risk Disclosures, and “Borrowed” Allegations: Sixth Circuit Tightens Pleading of 10b‑5 Misrepresentation and Scienter in Spinoff Disclosures Case: Newtyn Partners, LP v. Alliance Data Sys....