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  • Commentaries
  • Judgments

6th Circuit Case Commentaries

No Inference from Fifth Amendment Invocation: Sixth Circuit Narrows Proffer-Waiver “Inconsistency” and Reverses Conviction in United States v. Grogan

No Inference from Fifth Amendment Invocation: Sixth Circuit Narrows Proffer-Waiver “Inconsistency” and Reverses Conviction in United States v. Grogan

Date: Mar 28, 2025
No Inference from Fifth Amendment Invocation: Sixth Circuit Narrows Proffer-Waiver “Inconsistency” and Reverses Conviction in United States v. Grogan Introduction In United States v. Grogan, No....
Clarifying ADA Coverage: Temporary, Minor Illnesses and Reasonable Accommodation Obligations (Paul Cook v. Warren Screw Products)

Clarifying ADA Coverage: Temporary, Minor Illnesses and Reasonable Accommodation Obligations (Paul Cook v. Warren Screw Products)

Date: Mar 28, 2025
Clarifying ADA Coverage: Temporary, Minor Illnesses and Reasonable Accommodation Obligations Introduction Paul Cook v. Warren Screw Products, Inc. is a Sixth Circuit decision issued on March 27,...
No State Action Without Delegated Authority: Sixth Circuit Applies Lindke Beyond Social Media to Bar § 1983 Claims Against Public Co‑Workers’ Unauthorized Searches

No State Action Without Delegated Authority: Sixth Circuit Applies Lindke Beyond Social Media to Bar § 1983 Claims Against Public Co‑Workers’ Unauthorized Searches

Date: Mar 27, 2025
No State Action Without Delegated Authority: Sixth Circuit Applies Lindke Beyond Social Media to Bar § 1983 Claims Against Public Co‑Workers’ Unauthorized Searches Introduction This Sixth Circuit...
"Any and All Damages" Does Not Expand a Limited Engagement: Sixth Circuit Affirms Scope-Limited Duty in Michigan Legal Malpractice (DeYoung v. Sweeney Julian)

"Any and All Damages" Does Not Expand a Limited Engagement: Sixth Circuit Affirms Scope-Limited Duty in Michigan Legal Malpractice (DeYoung v. Sweeney Julian)

Date: Mar 27, 2025
"Any and All Damages" Does Not Expand a Limited Engagement: Sixth Circuit Affirms Scope-Limited Duty in Michigan Legal Malpractice Introduction This appeal from the Western District of Michigan...
Separate Diligence Required: Sixth Circuit Holds Petition-for-Review Efforts Do Not Excuse Untimely Motions to Reopen After Niz‑Chavez

Separate Diligence Required: Sixth Circuit Holds Petition-for-Review Efforts Do Not Excuse Untimely Motions to Reopen After Niz‑Chavez

Date: Mar 27, 2025
Separate Diligence Required: Sixth Circuit Holds Petition-for-Review Efforts Do Not Excuse Untimely Motions to Reopen After Niz‑Chavez Introduction This commentary analyzes the Sixth Circuit’s...
No PSG Without Societal Recognition: Sixth Circuit Reaffirms Social-Distinction Requirement and Rejects Circular Gang-Extortion Groups in Aviles‑Solano v. Bondi

No PSG Without Societal Recognition: Sixth Circuit Reaffirms Social-Distinction Requirement and Rejects Circular Gang-Extortion Groups in Aviles‑Solano v. Bondi

Date: Mar 27, 2025
No PSG Without Societal Recognition: Sixth Circuit Reaffirms Social-Distinction Requirement and Rejects Circular Gang-Extortion Groups in Aviles‑Solano v. Bondi Introduction In Deysi de Jesus...
No Prevailing-Party Fees for Preliminary Injunctions That Become Moot: Sixth Circuit Implements Lackey v. Stinnie in Maryville Baptist Church v. Beshear

No Prevailing-Party Fees for Preliminary Injunctions That Become Moot: Sixth Circuit Implements Lackey v. Stinnie in Maryville Baptist Church v. Beshear

Date: Mar 26, 2025
No Prevailing-Party Fees for Preliminary Injunctions That Become Moot: Sixth Circuit Implements Lackey v. Stinnie in Maryville Baptist Church v. Beshear Case: Maryville Baptist Church v. Andy Beshear...
Loper Bright Does Not Undermine AEDPA: Sixth Circuit Reaffirms “Double Deference” on Strickland Habeas Claims and Upholds Use of Pre-Arrest Request for Counsel

Loper Bright Does Not Undermine AEDPA: Sixth Circuit Reaffirms “Double Deference” on Strickland Habeas Claims and Upholds Use of Pre-Arrest Request for Counsel

Date: Mar 26, 2025
Loper Bright Does Not Undermine AEDPA: Sixth Circuit Reaffirms “Double Deference” on Strickland Habeas Claims and Upholds Use of Pre-Arrest Request for Counsel Introduction In Jason Michael Miles v....
Changing Forensic Science as a “Factual Predicate” Under AEDPA: Sixth Circuit Authorizes Danny Hill’s Successive Habeas Petition Based on Rejected Bite‑Mark Evidence

Changing Forensic Science as a “Factual Predicate” Under AEDPA: Sixth Circuit Authorizes Danny Hill’s Successive Habeas Petition Based on Rejected Bite‑Mark Evidence

Date: Mar 26, 2025
Changing Forensic Science as a “Factual Predicate” Under AEDPA: Sixth Circuit Authorizes Danny Hill’s Successive Habeas Petition Based on Rejected Bite‑Mark Evidence Introduction In a...
No Comparator Advantage, No Causation: Sixth Circuit Reaffirms Strict “Similarly Situated” Comparator and Causation Requirements in Title VII Claims

No Comparator Advantage, No Causation: Sixth Circuit Reaffirms Strict “Similarly Situated” Comparator and Causation Requirements in Title VII Claims

Date: Mar 25, 2025
No Comparator Advantage, No Causation: Sixth Circuit Reaffirms Strict “Similarly Situated” Comparator and Causation Requirements in Title VII Claims Case: Roscoe D. Echols v. Kentucky Justice &...
The Mixed-Motives Nexus: Reassessing Familial Ties in Withholding of Removal Claims

The Mixed-Motives Nexus: Reassessing Familial Ties in Withholding of Removal Claims

Date: Mar 24, 2025
The Mixed-Motives Nexus: Reassessing Familial Ties in Withholding of Removal Claims Introduction In the case of Marvin Caceres-Sanchez v. Pamela Bondi, Attorney General, the United States Court of...
Reaffirming the Constitutional Boundaries: The Court’s Stand on 18 U.S.C. § 922(g)(1) and Dangerousness in As-Applied Challenges

Reaffirming the Constitutional Boundaries: The Court’s Stand on 18 U.S.C. § 922(g)(1) and Dangerousness in As-Applied Challenges

Date: Mar 24, 2025
Reaffirming the Constitutional Boundaries: The Court’s Stand on 18 U.S.C. § 922(g)(1) and Dangerousness in As-Applied Challenges Introduction This commentary reviews the recent opinion in United...
Judicial Discretion in Plea Agreements and the Limits of Appellate Ineffective Assistance Claims

Judicial Discretion in Plea Agreements and the Limits of Appellate Ineffective Assistance Claims

Date: Mar 24, 2025
Judicial Discretion in Plea Agreements and the Limits of Appellate Ineffective Assistance Claims Introduction The case of Robert Lee Dennis v. Michael Burgess, Warden presents a critical examination...
Full Resentencing Discretion Under 28 U.S.C. § 2255 After Vacatur: United States v. Lamar Clancy

Full Resentencing Discretion Under 28 U.S.C. § 2255 After Vacatur: United States v. Lamar Clancy

Date: Mar 22, 2025
Full Resentencing Discretion Under 28 U.S.C. § 2255 After Vacatur: United States v. Lamar Clancy Introduction United States v. Lamar Clancy, 25a0156n.06 (6th Cir. Mar. 21, 2025), addresses the scope...
Enforcing Brady Obligations and Due-Process Limits on Single-Photo Show-Ups: Salter v. City of Detroit

Enforcing Brady Obligations and Due-Process Limits on Single-Photo Show-Ups: Salter v. City of Detroit

Date: Mar 22, 2025
Enforcing Brady Obligations and Due-Process Limits on Single-Photo Show-Ups: Salter v. City of Detroit Introduction In Aaron Salter v. City of Detroit, Mich. (6th Cir. Mar. 21, 2025), the Sixth...
Affirmation of Narrow Judicial Review and Supremacy of Final Arbitration Awards under the FAA

Affirmation of Narrow Judicial Review and Supremacy of Final Arbitration Awards under the FAA

Date: Mar 22, 2025
Affirmation of Narrow Judicial Review and Supremacy of Final Arbitration Awards under the FAA Introduction Leviathan Group LLC v. Delco LLC is a Sixth Circuit decision issued March 21, 2025,...
Clarifying Dual-Testimony Instructions and Voice Identification Standards in Federal Prosecutions

Clarifying Dual-Testimony Instructions and Voice Identification Standards in Federal Prosecutions

Date: Mar 22, 2025
Clarifying Dual-Testimony Instructions and Voice Identification Standards in Federal Prosecutions Introduction United States v. Branea Bryant, No. 23-3751 (6th Cir. Mar. 21, 2025), presents a...
Clarifying the “Conscience-Shocking” Standard in State-Created Danger Claims: Sixth Circuit’s Ossege v. Oxford Community School District

Clarifying the “Conscience-Shocking” Standard in State-Created Danger Claims: Sixth Circuit’s Ossege v. Oxford Community School District

Date: Mar 21, 2025
Clarifying the “Conscience-Shocking” Standard in State-Created Danger Claims: Sixth Circuit’s Ossege v. Oxford Community School District Introduction In Kylie Ossege v. Oxford Community School...
Clarifying the Boundaries of State-Created Danger Liability: Due Process and Qualified Immunity in Jarrod Watson v. Oxford Community School District

Clarifying the Boundaries of State-Created Danger Liability: Due Process and Qualified Immunity in Jarrod Watson v. Oxford Community School District

Date: Mar 21, 2025
Clarifying the Boundaries of State-Created Danger Liability: Due Process and Qualified Immunity in Jarrod Watson v. Oxford Community School District Introduction Jarrod Watson v. Oxford Community...
School Officials’ Duty and Limits under State-Created Danger Doctrine: Conscience-Shocking Standard Reaffirmed

School Officials’ Duty and Limits under State-Created Danger Doctrine: Conscience-Shocking Standard Reaffirmed

Date: Mar 21, 2025
School Officials’ Duty and Limits under State-Created Danger Doctrine: Conscience-Shocking Standard Reaffirmed Introduction Sandra Cunningham v. Oxford Community School District consolidates multiple...
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