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  • Commentaries
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6th Circuit Case Commentaries

Section 3582(a) Bars Imprisonment Lengths for Rehabilitation: United States v. Culberson

Section 3582(a) Bars Imprisonment Lengths for Rehabilitation: United States v. Culberson

Date: Apr 23, 2025
Section 3582(a) Bars Imprisonment Lengths for Rehabilitation: United States v. Culberson Introduction United States v. Rashaud Roosevelt Culberson, decided by the Sixth Circuit on April 22, 2025,...
Permissive Treble Damages Under Michigan Consumer Statutes and Due Process Constraints

Permissive Treble Damages Under Michigan Consumer Statutes and Due Process Constraints

Date: Apr 22, 2025
Permissive Treble Damages Under Michigan Consumer Statutes and Due Process Constraints Introduction This opinion commentary examines the Sixth Circuit’s decision in Tina McPherson v. Suburban Ann...
Discretionary Treble Damages and Fee Awards in Michigan Consumer Protection Cases

Discretionary Treble Damages and Fee Awards in Michigan Consumer Protection Cases

Date: Apr 22, 2025
Discretionary Treble Damages and Fee Awards in Michigan Consumer Protection Cases Introduction In Tina McPherson v. Suburban Ann Arbor, LLC, 25-a0099 (6th Cir. Apr. 21, 2025), the Sixth Circuit...
Clarifying Michigan’s Unjust Enrichment Test: Direct vs. Indirect Benefits and the Inequity Requirement

Clarifying Michigan’s Unjust Enrichment Test: Direct vs. Indirect Benefits and the Inequity Requirement

Date: Apr 19, 2025
Clarifying Michigan’s Unjust Enrichment Test: Direct vs. Indirect Benefits and the Inequity Requirement Introduction In Kelsey Trotta v. American Airlines, Inc., 25a0211n.06 (6th Cir. Apr. 18, 2025),...
Hung Jury ≠ “Acquittal” Under U.S.S.G. §1B1.3(c): Sixth Circuit Affirms Firearm Enhancement, Pinkerton Liability, and No-Duty Plea Inquiries in United States v. Drew

Hung Jury ≠ “Acquittal” Under U.S.S.G. §1B1.3(c): Sixth Circuit Affirms Firearm Enhancement, Pinkerton Liability, and No-Duty Plea Inquiries in United States v. Drew

Date: Apr 19, 2025
Hung Jury ≠ “Acquittal” Under U.S.S.G. §1B1.3(c): Sixth Circuit Affirms Firearm Enhancement, Pinkerton Liability, and No-Duty Plea Inquiries in United States v. Drew Introduction This unpublished...
Insurer’s Duty to Defend Triggered by Permissive Joinder and Potentially Covered Consequential Damages

Insurer’s Duty to Defend Triggered by Permissive Joinder and Potentially Covered Consequential Damages

Date: Apr 19, 2025
Insurer’s Duty to Defend Triggered by Permissive Joinder and Potentially Covered Consequential Damages Introduction The Sixth Circuit’s decision in Phoenix Ins. Co. v. Wehr Constructors, Inc.,...
Temporal Scope of the EFAA Clarified: Disputes Arising or Claims Accruing Post-Enactment Are Non-Arbitrable

Temporal Scope of the EFAA Clarified: Disputes Arising or Claims Accruing Post-Enactment Are Non-Arbitrable

Date: Apr 19, 2025
Temporal Scope of the EFAA Clarified: Disputes Arising or Claims Accruing Post-Enactment Are Non-Arbitrable Introduction In Memmer v. United Wholesale Mortgage, LLC, the Sixth Circuit confronted its...
Clarifying District Courts’ Duty in Plea Negotiations and Acceptance: United States v. Ramel Drew

Clarifying District Courts’ Duty in Plea Negotiations and Acceptance: United States v. Ramel Drew

Date: Apr 19, 2025
Clarifying District Courts’ Duty in Plea Negotiations and Acceptance: United States v. Ramel Drew Introduction United States v. Ramel Drew, decided by the Sixth Circuit on April 18, 2025 (Case Nos....
Reaffirming the Bail Reform Act’s Detention Presumption for Child Exploitation Offenses: United States v. Preston Creed-Boehm

Reaffirming the Bail Reform Act’s Detention Presumption for Child Exploitation Offenses: United States v. Preston Creed-Boehm

Date: Apr 19, 2025
Reaffirming the Bail Reform Act’s Detention Presumption for Child Exploitation Offenses: United States v. Preston Creed-Boehm Introduction United States v. Preston Creed-Boehm (6th Cir. 2025)...
Clarification of Mitigating-Role Adjustments Under U.S.S.G. §3B1.2: Comparative Analysis of Defendants’ Culpability

Clarification of Mitigating-Role Adjustments Under U.S.S.G. §3B1.2: Comparative Analysis of Defendants’ Culpability

Date: Apr 19, 2025
Clarification of Mitigating-Role Adjustments Under U.S.S.G. §3B1.2: Comparative Analysis of Defendants’ Culpability Introduction United States v. Migdalia Matos Estrella, decided by the Sixth Circuit...
Dangerous-Persons Framework for Firearm Disarmament: Affirmation of 18 U.S.C. § 922(g)(1) under Bruen in United States v. Williams

Dangerous-Persons Framework for Firearm Disarmament: Affirmation of 18 U.S.C. § 922(g)(1) under Bruen in United States v. Williams

Date: Apr 18, 2025
Dangerous-Persons Framework for Firearm Disarmament: Affirmation of 18 U.S.C. § 922(g)(1) under Bruen in United States v. Williams Introduction This commentary examines the Sixth Circuit’s April 17,...
Reaffirmation of Younger Abstention and the Narrow Scope of the Bad Faith Exception in Federal Pre‐Trial Injunctions

Reaffirmation of Younger Abstention and the Narrow Scope of the Bad Faith Exception in Federal Pre‐Trial Injunctions

Date: Apr 18, 2025
Reaffirmation of Younger Abstention and the Narrow Scope of the Bad Faith Exception in Federal Pre‐Trial Injunctions Introduction Frost v. Nessel, No. 24-1132 (6th Cir. Apr. 17, 2025), is a Sixth...
Affirmation of Advisory Nature and Rational Basis for Methamphetamine Purity Conversion Ratio

Affirmation of Advisory Nature and Rational Basis for Methamphetamine Purity Conversion Ratio

Date: Apr 18, 2025
Affirmation of Advisory Nature and Rational Basis for Methamphetamine Purity Conversion Ratio Introduction This commentary examines the Sixth Circuit’s decision in United States v. Rocky Leland...
Establishing Nexus for Search Warrants Through Corroborated Informants and Occupant Declarations

Establishing Nexus for Search Warrants Through Corroborated Informants and Occupant Declarations

Date: Apr 18, 2025
Establishing Nexus for Search Warrants Through Corroborated Informants and Occupant Declarations Introduction United States v. Reginald Hitchcock (6th Cir. 2025) arises from a Drug Enforcement...
Mandatory Dismissal of Time-Barred Dischargeability Complaints Filed In Forma Pauperis

Mandatory Dismissal of Time-Barred Dischargeability Complaints Filed In Forma Pauperis

Date: Apr 18, 2025
Mandatory Dismissal of Time-Barred Dischargeability Complaints Filed In Forma Pauperis 1. Introduction In Colebrook v. Thompson (In re Thompson), the Bankruptcy Appellate Panel for the Sixth Circuit...
Requiring Compelling Reasons and Specific Findings to Seal Court Records: The Sixth Circuit’s Mandate in Grae v. CoreCivic

Requiring Compelling Reasons and Specific Findings to Seal Court Records: The Sixth Circuit’s Mandate in Grae v. CoreCivic

Date: Apr 18, 2025
Requiring Compelling Reasons and Specific Findings to Seal Court Records: The Sixth Circuit’s Mandate in Grae v. CoreCivic 1. Introduction In Nikki Bollinger Grae et al. v. Corrections Corporation of...
Intrinsic Evidence and Rule 404(b): Sixth Circuit’s Clarification in United States v. Sadrinia

Intrinsic Evidence and Rule 404(b): Sixth Circuit’s Clarification in United States v. Sadrinia

Date: Apr 17, 2025
Intrinsic Evidence and Rule 404(b): Sixth Circuit’s Clarification in United States v. Sadrinia Introduction United States v. Jay M. Sadrinia (6th Cir. April 16, 2025) arises from a tragic overdose...
State Officers’ Authority to Enforce Federal Drug Laws: Fourth Amendment Probable-Cause Vehicle Searches

State Officers’ Authority to Enforce Federal Drug Laws: Fourth Amendment Probable-Cause Vehicle Searches

Date: Apr 17, 2025
State Officers’ Authority to Enforce Federal Drug Laws: Fourth Amendment Probable-Cause Vehicle Searches Introduction United States v. Andre Whitlow is a decision of the Sixth Circuit Court of...
Removal Proceedings Priority Precludes Judicial Determination of Naturalization Applications

Removal Proceedings Priority Precludes Judicial Determination of Naturalization Applications

Date: Apr 17, 2025
Removal Proceedings Priority Precludes Judicial Determination of Naturalization Applications Introduction In Joseph Ebu v. U.S. Citizenship and Immigration Services (6th Cir. Apr. 16, 2025), the...
Respectful Consideration Standard for Consecutive Sentencing of Supervised-Release Violations

Respectful Consideration Standard for Consecutive Sentencing of Supervised-Release Violations

Date: Apr 16, 2025
Respectful Consideration Standard for Consecutive Sentencing of Supervised-Release Violations Introduction The Sixth Circuit’s decision in United States v. John Guevara-Rosado clarifies the...
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