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  • Commentaries
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6th Circuit Case Commentaries

Commingled IOLTA Funds Are Income for Cash-Basis Lawyers; Bar Discipline Admissible Under Rule 404(b) to Prove Willfulness

Commingled IOLTA Funds Are Income for Cash-Basis Lawyers; Bar Discipline Admissible Under Rule 404(b) to Prove Willfulness

Date: Apr 8, 2025
Commingled IOLTA Funds Are Income for Cash-Basis Lawyers; Bar Discipline Admissible Under Rule 404(b) to Prove Willfulness Court: U.S. Court of Appeals for the Sixth Circuit Case: United States v....
Preservation of Ex Parte Jury-Note Claims: Sixth Circuit Requires After-the-Fact Objection and Applies Plain-Error Review

Preservation of Ex Parte Jury-Note Claims: Sixth Circuit Requires After-the-Fact Objection and Applies Plain-Error Review

Date: Apr 8, 2025
Preservation of Ex Parte Jury-Note Claims: Sixth Circuit Requires After-the-Fact Objection and Applies Plain-Error Review Introduction In United States v. Dwayne Robinson, Jr., No. 23-5486 (6th Cir....
Sufficiency Without Perfect Procedure: Sixth Circuit Reaffirms Controlled-Buy Convictions on Circumstantial Evidence; Routine Drug-Testing Meets Daubert

Sufficiency Without Perfect Procedure: Sixth Circuit Reaffirms Controlled-Buy Convictions on Circumstantial Evidence; Routine Drug-Testing Meets Daubert

Date: Apr 5, 2025
Sufficiency Without Perfect Procedure: Sixth Circuit Reaffirms Controlled-Buy Convictions on Circumstantial Evidence; Routine Drug-Testing Meets Daubert Introduction In United States v. Darryl...
No State-Law End-Run Around the CBA: Sixth Circuit Reaffirms § 301 Complete Preemption for Fraud and Fiduciary-Duty Claims Predicated on CBA Transfer and Grievance Rights

No State-Law End-Run Around the CBA: Sixth Circuit Reaffirms § 301 Complete Preemption for Fraud and Fiduciary-Duty Claims Predicated on CBA Transfer and Grievance Rights

Date: Apr 5, 2025
No State-Law End-Run Around the CBA: Sixth Circuit Reaffirms § 301 Complete Preemption for Fraud and Fiduciary-Duty Claims Predicated on CBA Transfer and Grievance Rights Introduction In Thomas...
Adaptive, Condition‑Based §401 Certifications and the “Appreciable Permanent Loss” Threshold under Tennessee ARAP Rules: Commentary on Sierra Club v. Tennessee Department of Environment and Conservation (6th Cir. 2025)

Adaptive, Condition‑Based §401 Certifications and the “Appreciable Permanent Loss” Threshold under Tennessee ARAP Rules: Commentary on Sierra Club v. Tennessee Department of Environment and Conservation (6th Cir. 2025)

Date: Apr 5, 2025
Adaptive, Condition‑Based §401 Certifications and the “Appreciable Permanent Loss” Threshold under Tennessee ARAP Rules Commentary on Sierra Club v. Tennessee Department of Environment and...
Corps May Treat State §401 Certifications as Conclusive and Use Post‑Issuance LEDPA Conditions in §404 Pipeline Permitting

Corps May Treat State §401 Certifications as Conclusive and Use Post‑Issuance LEDPA Conditions in §404 Pipeline Permitting

Date: Apr 5, 2025
Corps May Treat State §401 Certifications as Conclusive and Use Post‑Issuance LEDPA Conditions in §404 Pipeline Permitting Introduction In Appalachian Voices v. United States Army Corps of Engineers...
Deliberate-Ignorance Instructions Remain Adequate to Satisfy Ruan’s Subjective-Knowledge Requirement in § 846 Opioid-Distribution Conspiracies

Deliberate-Ignorance Instructions Remain Adequate to Satisfy Ruan’s Subjective-Knowledge Requirement in § 846 Opioid-Distribution Conspiracies

Date: Apr 4, 2025
Deliberate-Ignorance Instructions Remain Adequate to Satisfy Ruan’s Subjective-Knowledge Requirement in § 846 Opioid-Distribution Conspiracies Introduction In United States v. Mark Dyer (consolidated...
Clarifying the Tapia Line at Revocation: References to Rehabilitation Are Permissible When Not the Reason for Imprisonment

Clarifying the Tapia Line at Revocation: References to Rehabilitation Are Permissible When Not the Reason for Imprisonment

Date: Apr 4, 2025
Clarifying the Tapia Line at Revocation: References to Rehabilitation Are Permissible When Not the Reason for Imprisonment Introduction United States v. Duane Gibson (6th Cir. Apr. 3, 2025) addresses...
Record-Based Dangerousness Controls As-Applied Bruen Challenges; Issue Treated as Preserved Despite Counsel’s Refusal to File Motion

Record-Based Dangerousness Controls As-Applied Bruen Challenges; Issue Treated as Preserved Despite Counsel’s Refusal to File Motion

Date: Apr 4, 2025
Record-Based Dangerousness Controls As-Applied Bruen Challenges; Issue Treated as Preserved Despite Counsel’s Refusal to File Motion Introduction In United States v. Marquis Henson, No. 24-3494 (6th...
Deliberate-Ignorance Instructions Adequately Convey Ruan’s Subjective Mens Rea for § 846 Physician Conspiracies: United States v. Campbell (6th Cir. 2025)

Deliberate-Ignorance Instructions Adequately Convey Ruan’s Subjective Mens Rea for § 846 Physician Conspiracies: United States v. Campbell (6th Cir. 2025)

Date: Apr 4, 2025
Deliberate-Ignorance Instructions Adequately Convey Ruan’s Subjective Mens Rea for § 846 Physician Conspiracies United States v. Jeffrey Campbell; United States v. Mark Dyer, Nos. 23-5298/5311 (6th...
Only Subscribers to Audiovisual Goods or Services Qualify as “Consumers” Under the VPPA: Sixth Circuit’s Narrowing Rule in Salazar v. Paramount

Only Subscribers to Audiovisual Goods or Services Qualify as “Consumers” Under the VPPA: Sixth Circuit’s Narrowing Rule in Salazar v. Paramount

Date: Apr 4, 2025
Only Subscribers to Audiovisual Goods or Services Qualify as “Consumers” Under the VPPA: Sixth Circuit’s Narrowing Rule in Salazar v. Paramount Introduction In Michael Salazar v. Paramount Global,...
No Cover-Up Required: Knowing Acquiescence and Policy Abdication Can Sustain Supervisory Liability for Jail Suicide at the Pleading Stage

No Cover-Up Required: Knowing Acquiescence and Policy Abdication Can Sustain Supervisory Liability for Jail Suicide at the Pleading Stage

Date: Apr 4, 2025
No Cover-Up Required: Knowing Acquiescence and Policy Abdication Can Sustain Supervisory Liability for Jail Suicide at the Pleading Stage Introduction This published decision from the U.S. Court of...
No Deductions for Processing and Fractionation Under Ohio “Market Enhancement” Royalty Clauses

No Deductions for Processing and Fractionation Under Ohio “Market Enhancement” Royalty Clauses

Date: Apr 3, 2025
No Deductions for Processing and Fractionation Under Ohio “Market Enhancement” Royalty Clauses Introduction In The Grissoms, LLC v. Antero Resources Corp. (6th Cir. Apr. 2, 2025), Chief Judge...
Invoked or Forfeited: Sixth Circuit Affirms Upward Variance and Permits Sentencing Reliance on Refusal to Disclose Firearms Absent a Fifth Amendment Invocation

Invoked or Forfeited: Sixth Circuit Affirms Upward Variance and Permits Sentencing Reliance on Refusal to Disclose Firearms Absent a Fifth Amendment Invocation

Date: Apr 3, 2025
Invoked or Forfeited: Sixth Circuit Affirms Upward Variance and Permits Sentencing Reliance on Refusal to Disclose Firearms Absent a Fifth Amendment Invocation Introduction In this non-precedential...
No Categorical Match: Sixth Circuit En Banc Holds Ohio Robbery Is Not a “Crime of Violence” Under the Career‑Offender Guideline When the Predicate Theft Offense Is Unspecified

No Categorical Match: Sixth Circuit En Banc Holds Ohio Robbery Is Not a “Crime of Violence” Under the Career‑Offender Guideline When the Predicate Theft Offense Is Unspecified

Date: Apr 3, 2025
No Categorical Match: Sixth Circuit En Banc Holds Ohio Robbery Is Not a “Crime of Violence” Under the Career‑Offender Guideline When the Predicate Theft Offense Is Unspecified Introduction In United...
Reasonable Plea Advice Requires No Clairvoyance: Sixth Circuit Limits Plea‑Stage Ineffective‑Assistance Claims Where Defendant Was Advised of Life Exposure and Later Enhancements Stemmed from Self‑Representation

Reasonable Plea Advice Requires No Clairvoyance: Sixth Circuit Limits Plea‑Stage Ineffective‑Assistance Claims Where Defendant Was Advised of Life Exposure and Later Enhancements Stemmed from Self‑Representation

Date: Apr 3, 2025
Reasonable Plea Advice Requires No Clairvoyance: Sixth Circuit Limits Plea‑Stage Ineffective‑Assistance Claims Where Defendant Was Advised of Life Exposure and Later Enhancements Stemmed from...
Sixth Circuit: Non‑baseless arrest warnings do not clearly vitiate consent; bodycam‑verified encounters may be resolved on qualified immunity at the pleadings stage

Sixth Circuit: Non‑baseless arrest warnings do not clearly vitiate consent; bodycam‑verified encounters may be resolved on qualified immunity at the pleadings stage

Date: Apr 3, 2025
Sixth Circuit: Non‑baseless arrest warnings do not clearly vitiate consent; bodycam‑verified encounters may be resolved on qualified immunity at the pleadings stage Case: Mike Pop v. Brookfield...
General Verdicts by Instruction and Text: Sixth Circuit Endorses Rule 49(b)(3) and Recognizes Budget and Market Forces as Valid “Other Than Sex” Factors in Equal Pay Cases

General Verdicts by Instruction and Text: Sixth Circuit Endorses Rule 49(b)(3) and Recognizes Budget and Market Forces as Valid “Other Than Sex” Factors in Equal Pay Cases

Date: Apr 3, 2025
General Verdicts by Instruction and Text: Sixth Circuit Endorses Rule 49(b)(3) and Recognizes Budget and Market Forces as Valid “Other Than Sex” Factors in Equal Pay Cases Introduction In Marina...
Sixth Circuit Places the Burden on Plaintiffs to Prove Venue on Rule 12(b)(3) Motions and Narrows What Counts as a “Substantial Part” Under 28 U.S.C. § 1391(b)(2)

Sixth Circuit Places the Burden on Plaintiffs to Prove Venue on Rule 12(b)(3) Motions and Narrows What Counts as a “Substantial Part” Under 28 U.S.C. § 1391(b)(2)

Date: Apr 3, 2025
Sixth Circuit Places the Burden on Plaintiffs to Prove Venue on Rule 12(b)(3) Motions and Narrows What Counts as a “Substantial Part” Under 28 U.S.C. § 1391(b)(2) Introduction In Karl Tobien v....
Affirmation of Sentencing Enhancements for Multiple Firearms and Felony-Related Firearm Use under U.S.S.G. §2K2.1

Affirmation of Sentencing Enhancements for Multiple Firearms and Felony-Related Firearm Use under U.S.S.G. §2K2.1

Date: Apr 2, 2025
Affirmation of Sentencing Enhancements for Multiple Firearms and Felony-Related Firearm Use under U.S.S.G. §2K2.1 Introduction United States v. Terrence Terrial Izear Turner is a 2025 Sixth Circuit...
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