6th Circuit Case Commentaries

United States v. Harris: Probable Cause from Lane-Change Violations and Marijuana Odor in the Post-Hemp Era

Date: Dec 21, 2025

United States v. Harris: Probable Cause from Lane-Change Violations and Marijuana Odor in the Post-Hemp Era I. Introduction In United States v. Michael Harris, No. 24-5944 (6th Cir. Dec. 19, 2025)...

Finality, FSIA Immunity, and the One‑Year Bar: American Telecom Co., L.L.C. v. Republic of Lebanon (6th Cir. 2025)

Date: Dec 21, 2025

Finality, FSIA Immunity, and the One‑Year Bar: American Telecom Co., L.L.C. v. Republic of Lebanon (6th Cir. 2025) I. Introduction This unpublished decision of the United States Court of Appeals for...

Digital Forensics Experts, Rule 16 Disclosures, and Rule 414 Evidence from Unallocated Space: Commentary on United States v. Eby (6th Cir. 2025)

Date: Dec 21, 2025

Digital Forensics Experts, Rule 16 Disclosures, and Rule 414 Evidence from Unallocated Space: Commentary on United States v. Eby (6th Cir. 2025) I. Introduction In United States v. Richard Eby, No....

Safety-Based Termination After Workplace Firearm and Suicide Threat: ADA and KCRA Analysis in Huelett v. Louisville Paving Co.

Date: Dec 21, 2025

Safety-Based Termination After Workplace Firearm and Suicide Threat: ADA and KCRA Analysis in Deryck Huelett v. Louisville Paving Co. I. Introduction The Sixth Circuit’s unpublished decision in...

Immediate Awards of SSI Benefits After Agency Confession of Error: Commentary on Hicks v. Commissioner of Social Security (6th Cir. 2025)

Date: Dec 21, 2025

Immediate Awards of SSI Benefits After Agency Confession of Error: Commentary on Hicks v. Commissioner of Social Security (6th Cir. Dec. 19, 2025) Note: The opinion commented on here is designated...

United States v. Barnes: Limits on Withdrawing Guilty Pleas for Alleged Plea‑Stage Ineffective Assistance and Deference to Sentencing Findings

Date: Dec 21, 2025

United States v. Barnes: Limits on Withdrawing Guilty Pleas for Alleged Plea‑Stage Ineffective Assistance and Deference to Sentencing Findings I. Introduction The Sixth Circuit’s unpublished decision...

Disclosing Research Misconduct Findings Is Not a Constitutional Due Process Violation: Commentary on Pichiorri v. Burghes

Date: Dec 21, 2025

Disclosing Research Misconduct Findings Is Not a Constitutional Due Process Violation: Commentary on Pichiorri v. Burghes I. Introduction This Sixth Circuit opinion, recommended for publication, sits...

No Federal Liberty Interest in Tennessee Parole Release Dates: Commentary on Hester v. Chester County

Date: Dec 21, 2025

No Federal Liberty Interest in Tennessee Parole Release Dates Even After Grant of Parole: A Comprehensive Commentary on Hester v. Chester County, 24-5800 (6th Cir. 2025) I. Introduction The Sixth...

United States v. Clay: Limiting Healthcare-Fraud Restitution to Actual Loss and Enforcing MVRA Apportionment

Date: Dec 21, 2025

United States v. Clay: Limiting Healthcare-Fraud Restitution to Actual Loss and Enforcing MVRA Apportionment I. Introduction In United States v. Kevin Clay, Nos. 23‑3923/24‑3038 (6th Cir. Dec. 19,...

Excluding Medically Necessary Claims from MVRA Restitution and Constraining Apportionment by Plea Agreement: Commentary on United States v. Clay

Date: Dec 21, 2025

Excluding Medically Necessary Claims from MVRA Restitution and Constraining Apportionment by Plea Agreement: Commentary on United States v. Clay I. Introduction In United States v. Kevin Clay, Nos....

Contract Limits vs. Cyber-Fraud Losses: Coffee Capital & Development, LLC v. RPT Restaurant Accounting Services, LLC and Michigan’s “Separate and Distinct Duty” Requirement

Date: Dec 20, 2025

Contract Limits vs. Cyber-Fraud Losses: Coffee Capital & Development, LLC v. RPT Restaurant Accounting Services, LLC and Michigan’s “Separate and Distinct Duty” Requirement Introduction Coffee...

Defining Fourth Amendment “Seizures” of Students: The Sixth Circuit Adopts a Reasonable-Suspicion Standard in Halasz v. Cass City Public Schools

Date: Dec 20, 2025

Defining Fourth Amendment “Seizures” of Students: The Sixth Circuit Adopts a Reasonable-Suspicion Standard in Halasz v. Cass City Public Schools I. Introduction In Charity Halasz v. Cass City Public...

Congressional Authorization of Double-Counting for Drug Premises Offenses: The Sixth Circuit’s Decision in United States v. Willis

Date: Dec 20, 2025

Congressional Authorization of Double-Counting for Drug Premises Offenses: The Sixth Circuit’s Decision in United States v. Willis I. Introduction In United States v. Joe'Veon Penson Willis, No....

Perjury and Sophisticated-Means Enhancements in COVID-19 EIDL Fraud Sentencing: Commentary on United States v. Kelly Harris (6th Cir. 2025)

Date: Dec 19, 2025

Perjury and Sophisticated-Means Enhancements in COVID-19 EIDL Fraud Sentencing: Commentary on United States v. Kelly Harris (6th Cir. 2025) I. Introduction This commentary analyzes the Sixth...

United States v. Neal Harris: Materiality, Perjury-Based Obstruction, and Sophisticated Means in COVID‑19 EIDL Fraud

Date: Dec 19, 2025

United States v. Neal Harris: Materiality, Perjury-Based Obstruction, and Sophisticated Means in COVID‑19 EIDL Fraud I. Introduction This unpublished Sixth Circuit opinion, United States v. Kelly...

Circumstantial Evidence and Comparator Proof in Title VII Cases: Commentary on Brown v. FCA US LLC (6th Cir. 2025)

Date: Dec 19, 2025

Circumstantial Evidence and Comparator Proof in Title VII Cases: Commentary on Brown v. FCA US LLC (6th Cir. 2025) I. Introduction This commentary examines the Sixth Circuit’s unpublished decision in...

“Immaterial” Inconsistencies Are Immaterial: Adverse Credibility in Asylum Cases After Shaibu Salu v. Bondi

Date: Dec 19, 2025

“Immaterial” Inconsistencies Are Immaterial: Adverse Credibility in Asylum Cases After Shaibu Salu v. Bondi I. Introduction The Sixth Circuit’s unpublished decision in Shaibu Salu v. Bondi, No....

No Offset Without Tracing: Restitution, Collateral, and Victim Subpoenas in United States v. Cross (6th Cir. 2025)

Date: Dec 19, 2025

No Offset Without Tracing: Restitution, Collateral, and Victim Subpoenas in United States v. Cross (6th Cir. 2025) I. Introduction In United States v. Cross, No. 25-5276 (6th Cir. Dec. 16, 2025)...

Considering Anti‑Government and Sovereign‑Citizen Beliefs at Sentencing: Commentary on United States v. Bentley III (6th Cir.)

Date: Dec 19, 2025

Considering Anti‑Government and Sovereign‑Citizen Beliefs at Sentencing: Commentary on United States v. Bentley III (6th Cir.) I. Introduction This commentary analyzes the Sixth Circuit’s decision in...

United States v. Porter: High Bar for New Trials Based on Inadvertent False Evidence and Deferential Review of Loss, Restitution, and Forfeiture

Date: Dec 19, 2025

United States v. Porter: High Bar for New Trials Based on Inadvertent False Evidence and Deferential Review of Loss, Restitution, and Forfeiture I. Introduction Case: United States v. Romane Porter,...