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  • Commentaries
  • Judgments

6th Circuit Case Commentaries

Adequate Explanation of Consecutive Sentences for Supervised-Release Violations: Sixth Circuit Plain Error Standard

Adequate Explanation of Consecutive Sentences for Supervised-Release Violations: Sixth Circuit Plain Error Standard

Date: Apr 16, 2025
Adequate Explanation of Consecutive Sentences for Supervised-Release Violations: Sixth Circuit Plain Error Standard Introduction This case arises from the Sixth Circuit’s review of John Luis...
Limitation of Surface Easement in Severed Mineral Estates: No Horizontal Off-Site Drilling Absent Express Consent

Limitation of Surface Easement in Severed Mineral Estates: No Horizontal Off-Site Drilling Absent Express Consent

Date: Apr 15, 2025
Limitation of Surface Easement in Severed Mineral Estates: No Horizontal Off-Site Drilling Absent Express Consent Introduction The Sixth Circuit’s decision in EOG Resources, Inc. v. Lucky Land...
Affirming the Representative-Claim Requirement: Heightened Pleading Under Rule 9(b) for FCA Qui Tam Actions

Affirming the Representative-Claim Requirement: Heightened Pleading Under Rule 9(b) for FCA Qui Tam Actions

Date: Apr 15, 2025
Affirming the Representative-Claim Requirement: Heightened Pleading Under Rule 9(b) for FCA Qui Tam Actions Introduction In U.S. ex rel. v. LHC Group, Inc., 25a0202n.06 (6th Cir. Apr. 14, 2025), the...
Clarifying Professional Services Exclusions and Natural‐Person Endorsements in Commercial Insurance Coverage

Clarifying Professional Services Exclusions and Natural‐Person Endorsements in Commercial Insurance Coverage

Date: Apr 15, 2025
Clarifying Professional Services Exclusions and Natural-Person Endorsements in Commercial Insurance Coverage Introduction This commentary examines the Sixth Circuit’s unpublished decision in Singh,...
Non-Hearsay Admission and Limiting Instructions Under the Confrontation Clause

Non-Hearsay Admission and Limiting Instructions Under the Confrontation Clause

Date: Apr 12, 2025
Non-Hearsay Admission and Limiting Instructions Under the Confrontation Clause Introduction The Sixth Circuit’s decision in Patrick Reed v. Harold May, decided April 11, 2025, addresses whether...
Inferring Specific Intent to Kill from Shooting into Occupied Vehicle Establishes Attempted Murder Enhancement under U.S.S.G. §2K2.1(c)

Inferring Specific Intent to Kill from Shooting into Occupied Vehicle Establishes Attempted Murder Enhancement under U.S.S.G. §2K2.1(c)

Date: Apr 12, 2025
Inferring Specific Intent to Kill from Shooting into Occupied Vehicle Establishes Attempted Murder Enhancement under U.S.S.G. §2K2.1(c) Introduction United States v. Katarena Moore is a Sixth Circuit...
Clarifying ALJ’s Articulation Requirements Under SSR 17-2p for Medical Equivalence Findings

Clarifying ALJ’s Articulation Requirements Under SSR 17-2p for Medical Equivalence Findings

Date: Apr 12, 2025
Clarifying ALJ’s Articulation Requirements Under SSR 17-2p for Medical Equivalence Findings Introduction Melisha A. Salisbury v. Commissioner of Social Security, No. 24-3898 (6th Cir. Apr. 11, 2025)...
Waiver of AEDPA’s Statute-of-Limitations Defense in §2255 Proceedings

Waiver of AEDPA’s Statute-of-Limitations Defense in §2255 Proceedings

Date: Apr 12, 2025
Waiver of AEDPA’s Statute-of-Limitations Defense in §2255 Proceedings Introduction Allen R. Walker pleaded guilty in the Middle District of Tennessee to a federal drug-distribution conspiracy and...
Insurer-Directed Claim Requirement to Trigger E&O Coverage

Insurer-Directed Claim Requirement to Trigger E&O Coverage

Date: Apr 11, 2025
Insurer-Directed Claim Requirement to Trigger E&O Coverage Introduction Columbia Casualty Co. v. State Auto Mutual Ins. Co., decided April 10, 2025 by the Sixth Circuit, addresses a core question in...
Clarifying “Allowed Claims” and “Otherwise Finally Resolved” in Bankruptcy Plan Funding Agreements

Clarifying “Allowed Claims” and “Otherwise Finally Resolved” in Bankruptcy Plan Funding Agreements

Date: Apr 11, 2025
Clarifying “Allowed Claims” and “Otherwise Finally Resolved” in Bankruptcy Plan Funding Agreements Introduction This commentary examines the Sixth Circuit’s April 10, 2025 decision in In re:...
Enforceability of Broad Arbitration Agreements in Employment Contracts

Enforceability of Broad Arbitration Agreements in Employment Contracts

Date: Apr 11, 2025
Enforceability of Broad Arbitration Agreements in Employment Contracts: Memory-Lapse Disclaimers Insufficient Under the FAA and Michigan Law 1. Introduction The Sixth Circuit’s decision in Corey...
Clarifying the Nexus Requirement for §924(c): Application of Mackey Factors in United States v. Mark Ellis

Clarifying the Nexus Requirement for §924(c): Application of Mackey Factors in United States v. Mark Ellis

Date: Apr 11, 2025
Clarifying the Nexus Requirement for §924(c): Application of Mackey Factors in United States v. Mark Ellis Introduction United States v. Mark Ellis, decided on April 10, 2025 by the Sixth Circuit,...
When Rehabilitation Alone Is Not “Extraordinary and Compelling”: Sixth Circuit’s Clarification of Compassionate Release and § 3582 Sentence Reductions

When Rehabilitation Alone Is Not “Extraordinary and Compelling”: Sixth Circuit’s Clarification of Compassionate Release and § 3582 Sentence Reductions

Date: Apr 10, 2025
When Rehabilitation Alone Is Not “Extraordinary and Compelling”: Sixth Circuit’s Clarification of Compassionate Release and § 3582 Sentence Reductions Introduction United States v. Dameus Parks, Jr.,...
State Editorial Control Over Ballot‐Initiative Summaries Violates First Amendment

State Editorial Control Over Ballot‐Initiative Summaries Violates First Amendment

Date: Apr 10, 2025
State Editorial Control Over Ballot‐Initiative Summaries Violates First Amendment Introduction Case: Cynthia Brown et al. v. David Yost, Ohio Attorney General Court: United States Court of Appeals...
Prima Facie Eligibility Based on Changed Country Conditions and the Non-Reviewable Nature of Sua Sponte Reopening: Mendoza-Jovel Precedent

Prima Facie Eligibility Based on Changed Country Conditions and the Non-Reviewable Nature of Sua Sponte Reopening: Mendoza-Jovel Precedent

Date: Apr 10, 2025
Prima Facie Eligibility Based on Changed Country Conditions and the Non-Reviewable Nature of Sua Sponte Reopening: Mendoza-Jovel Precedent Introduction In Jose Juan Mendoza-Jovel v. Pamela Bondi, No....
Supervisory Authority and Employer Notice in Michigan Workplace Harassment Claims

Supervisory Authority and Employer Notice in Michigan Workplace Harassment Claims

Date: Apr 10, 2025
Supervisory Authority and Employer Notice in Michigan Workplace Harassment Claims Introduction Deanna Johnson v. Ford Motor Company (6th Cir. 2025) represents a significant appellate decision...
“Directly Resulting” Means Non‑Derivative: Sixth Circuit Narrows Economic-Damages Exposure Under Tennessee’s Insurance Fraud Act

“Directly Resulting” Means Non‑Derivative: Sixth Circuit Narrows Economic-Damages Exposure Under Tennessee’s Insurance Fraud Act

Date: Apr 8, 2025
“Directly Resulting” Means Non‑Derivative: Sixth Circuit Narrows Economic-Damages Exposure Under Tennessee’s Insurance Fraud Act Introduction This published Sixth Circuit decision addresses the scope...
Reasonableness Standard for Performance-Based Terminations under the ADA and ADEA

Reasonableness Standard for Performance-Based Terminations under the ADA and ADEA

Date: Apr 8, 2025
Reasonableness Standard for Performance-Based Terminations under the ADA and ADEA Introduction Charles Carroll v. IDEMIA Identity & Security USA, No. 23-6075 (6th Cir. Apr. 7, 2025), is a published...
Using Attorney Disciplinary Proceedings as Rule 404(b) Intent Evidence and Limiting Rule 33 “New Trial” Re-litigation: United States v. Carl L. Collins, III (6th Cir. 2025)

Using Attorney Disciplinary Proceedings as Rule 404(b) Intent Evidence and Limiting Rule 33 “New Trial” Re-litigation: United States v. Carl L. Collins, III (6th Cir. 2025)

Date: Apr 8, 2025
Using Attorney Disciplinary Proceedings as Rule 404(b) Intent Evidence and Limiting Rule 33 “New Trial” Re-litigation: United States v. Carl L. Collins, III (6th Cir. 2025) Court: U.S. Court of...
Malicious Force Against a Handcuffed, Compliant Inmate Violates Clearly Established Eighth Amendment Law; Deliberate Indifference Requires Proof of Subjective Knowledge — Erickson v. Gogebic County (6th Cir. 2025)

Malicious Force Against a Handcuffed, Compliant Inmate Violates Clearly Established Eighth Amendment Law; Deliberate Indifference Requires Proof of Subjective Knowledge — Erickson v. Gogebic County (6th Cir. 2025)

Date: Apr 8, 2025
Malicious Force Against a Handcuffed, Compliant Inmate Violates Clearly Established Eighth Amendment Law; Deliberate Indifference Requires Proof of Subjective Knowledge — Erickson v. Gogebic County...
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