6th Circuit Case Commentaries

“Hobson’s Choice” Is Still Adverse Action: Sixth Circuit Clarifies Scott/Johnson Interplay in First Amendment Retaliation Appeals

Date: Nov 7, 2025

“Hobson’s Choice” Is Still Adverse Action: Sixth Circuit Clarifies Scott/Johnson Interplay in First Amendment Retaliation Appeals Introduction In Linda DeVooght v. City of Warren, Michigan; William...

Sixth Circuit Narrows NLRB Remedies: “Affirmative Action” in NLRA § 10(c) Means Equitable Relief Only; Unfair‑Labor‑Practice Finding Against Starbucks Enforced

Date: Nov 7, 2025

Sixth Circuit Narrows NLRB Remedies: “Affirmative Action” in NLRA § 10(c) Means Equitable Relief Only; Unfair‑Labor‑Practice Finding Against Starbucks Enforced Introduction In NLRB v. Starbucks...

Clarifying Esteras in the Sixth Circuit: Sentencing Courts May Weigh the Seriousness of the Supervised‑Release Violation—Not the Original Offense—at Revocation

Date: Nov 7, 2025

Clarifying Esteras in the Sixth Circuit: Sentencing Courts May Weigh the Seriousness of the Supervised‑Release Violation—Not the Original Offense—at Revocation Case: United States v. Damon Allen...

Waiver by Explicit Disavowal at a Suppression Hearing Bars Appellate Review of a Residence-Search Challenge

Date: Nov 7, 2025

Waiver by Explicit Disavowal at a Suppression Hearing Bars Appellate Review of a Residence-Search Challenge Introduction In United States v. Kevin Smith, No. 24-1797 (6th Cir. Nov. 5, 2025) (not...

Post-Wilkinson Deference in Cancellation of Removal: Sixth Circuit Reaffirms That Economic/Educational Setbacks and Low-Grade Medical Issues Are “Expected,” Not “Exceptional”

Date: Nov 7, 2025

Post-Wilkinson Deference in Cancellation of Removal: Sixth Circuit Reaffirms That Economic/Educational Setbacks and Low-Grade Medical Issues Are “Expected,” Not “Exceptional” Introduction In Miriam...

Keck v. Bonn: Sixth Circuit Reaffirms AEDPA–Strickland “Double Deference,” Making Expert-Selection Strategy Virtually Unassailable on Federal Habeas

Date: Nov 7, 2025

Keck v. Bonn: Sixth Circuit Reaffirms AEDPA–Strickland “Double Deference,” Making Expert-Selection Strategy Virtually Unassailable on Federal Habeas Introduction In Allen W. Keck v. Dale Bonn, the...

Sparse Arbitration Awards Can Support Defensive Nonmutual Collateral Estoppel: Sixth Circuit Bars Relitigation Against a Nonparty Reinsurer

Date: Nov 7, 2025

Sparse Arbitration Awards Can Support Defensive Nonmutual Collateral Estoppel: Sixth Circuit Bars Relitigation Against a Nonparty Reinsurer Introduction In Amerisure Mutual Insurance Company v. Swiss...

When NIH Data-Use Violations, Not Speech, Drive Discipline: Sixth Circuit Reaffirms Lemaster’s Causation Framework and Same‑Decision Defense in Academic Retaliation Claims

Date: Nov 7, 2025

When NIH Data-Use Violations, Not Speech, Drive Discipline: Sixth Circuit Reaffirms Lemaster’s Causation Framework and Same‑Decision Defense in Academic Retaliation Claims Introduction This...

Motive, Not Mere Linkage: Territorial/Economic Threats Do Not Establish the Nexus for Asylum or Withholding in the Sixth Circuit

Date: Nov 7, 2025

Motive, Not Mere Linkage: Territorial/Economic Threats Do Not Establish the Nexus for Asylum or Withholding in the Sixth Circuit Introduction In Elvia Romero Morales v. Bondi, No. 25-3195 (6th Cir....

Taylor Does Not Reach § 2113 Attempted Bank Robbery; Vowell Controls Waiver Analysis Over Portis in § 2255 Cases

Date: Nov 7, 2025

Taylor Does Not Reach § 2113 Attempted Bank Robbery; Vowell Controls Waiver Analysis Over Portis in § 2255 Cases Introduction In Melvin R. Hill v. United States, No. 23-3665 (6th Cir. Nov. 4, 2025)...

Sixth Circuit Clarifies Timeliness for Rule 60(b)(4) Motions and Confirms Bankruptcy Courts’ Final Authority over Barton-Aligned Trustee-Duty Claims

Date: Nov 7, 2025

Sixth Circuit Clarifies Timeliness for Rule 60(b)(4) Motions and Confirms Bankruptcy Courts’ Final Authority over Barton-Aligned Trustee-Duty Claims Introduction In Michael Edward Tindall v. Samuel...

Form AO 247 Is Enough: Sixth Circuit Reaffirms Minimal-Explanation Denials of Amendment 821 Motions When the Original Sentencing Record Addresses § 3553(a)

Date: Nov 7, 2025

Form AO 247 Is Enough: Sixth Circuit Reaffirms Minimal-Explanation Denials of Amendment 821 Motions When the Original Sentencing Record Addresses § 3553(a) Introduction In United States v. Gerald...

Form AO 247 Is Sufficient: Sixth Circuit Upholds Denial of Amendment 821 Sentence Reduction Where Original Sentencing Reasons Demonstrate Ongoing Danger (United States v. Bass)

Date: Nov 7, 2025

Form AO 247 Is Sufficient: Sixth Circuit Upholds Denial of Amendment 821 Sentence Reduction Where Original Sentencing Reasons Demonstrate Ongoing Danger (United States v. Bass) Introduction In United...

“Contents” Means “Any Property”: Sixth Circuit Holds Michigan’s Pre‑2013 Arson of a Dwelling or Its Contents Is Generic Arson and a “Crime of Violence” Under U.S.S.G. § 4B1.2

Date: Nov 7, 2025

“Contents” Means “Any Property”: Sixth Circuit Holds Michigan’s Pre‑2013 Arson of a Dwelling or Its Contents Is Generic Arson and a “Crime of Violence” Under U.S.S.G. § 4B1.2 Case: United States v....

No § 3E1.1 Reduction for Post‑Sentencing Remorse After Trial: Sixth Circuit Clarifies Acceptance‑of‑Responsibility Is Timely and Process‑Focused; Rehabilitation Belongs Under § 3553(a)

Date: Nov 7, 2025

No § 3E1.1 Reduction for Post‑Sentencing Remorse After Trial: Sixth Circuit Clarifies Acceptance‑of‑Responsibility Is Timely and Process‑Focused; Rehabilitation Belongs Under § 3553(a) Introduction...

Unadopted CPSC Proposals and “Sight‑Unseen” Expert Opinions Are Out: Sixth Circuit Affirms Robust Rule 403/702 Gatekeeping and Harmless Rule 26 Violation in a Modified-ROV Products Trial

Date: Nov 7, 2025

Unadopted CPSC Proposals and “Sight‑Unseen” Expert Opinions Are Out: Sixth Circuit Affirms Robust Rule 403/702 Gatekeeping and Harmless Rule 26 Violation in a Modified-ROV Products Trial Case:...

Rule 33 Is Not § 2255: Sixth Circuit Requires a “Modicum of Evidence” for New‑Trial Evidentiary Hearings and Reaffirms the “Foolishness” Deliberate‑Ignorance Instruction After Ruan

Date: Nov 5, 2025

Rule 33 Is Not § 2255: Sixth Circuit Requires a “Modicum of Evidence” for New‑Trial Evidentiary Hearings and Reaffirms the “Foolishness” Deliberate‑Ignorance Instruction After Ruan Case: United...

Tailored, Treatment-Gated Cohabitation Restrictions Upheld: Sixth Circuit Affirms Temporary Ban on Living with Women for a Domestic-Violence Recidivist

Date: Nov 5, 2025

Tailored, Treatment-Gated Cohabitation Restrictions Upheld: Sixth Circuit Affirms Temporary Ban on Living with Women for a Domestic-Violence Recidivist Introduction In United States v. Stephen...

In the “Twilight” Between Passive and Active Resistance: Sixth Circuit Reaffirms Qualified Immunity for Taser Use During Vehicle Extraction Where Officer Suspects a Weapon

Date: Nov 2, 2025

In the “Twilight” Between Passive and Active Resistance: Sixth Circuit Reaffirms Qualified Immunity for Taser Use During Vehicle Extraction Where Officer Suspects a Weapon Introduction This Sixth...

“Some Harm,” Not “Unreasonable Interference”: Sixth Circuit Extends McNeal/Muldrow Hostile-Work-Environment Standard to ADA Claims and Clarifies Limits of Remote-Work Accommodations Where Onsite Essential Functions Exist

Date: Nov 2, 2025

“Some Harm,” Not “Unreasonable Interference”: Sixth Circuit Extends McNeal/Muldrow Hostile-Work-Environment Standard to ADA Claims and Clarifies Limits of Remote-Work Accommodations Where Onsite...