6th Circuit Case Commentaries

Translation Services Qualify as “Material Support” Under 18 U.S.C. § 2339B: The Sixth Circuit’s Published Holding in United States v. Carpenter

Date: Nov 2, 2025

Translation Services Qualify as “Material Support” Under 18 U.S.C. § 2339B: The Sixth Circuit’s Published Holding in United States v. Carpenter Court: U.S. Court of Appeals for the Sixth Circuit...

Post-Wilkinson Deferential Review and the Mitigating Role of Family Assets in “Exceptional and Extremely Unusual Hardship” Analyses

Date: Nov 1, 2025

Post-Wilkinson Deferential Review and the Mitigating Role of Family Assets in “Exceptional and Extremely Unusual Hardship” Analyses Introduction This commentary examines the Sixth Circuit’s...

Agency Rescission and State-Law Interdependence Moot APA Challenges: The Sixth Circuit’s Refined Voluntary-Cessation Analysis in Gun Owners of America, Inc. v. U.S. Department of Justice

Date: Nov 1, 2025

Agency Rescission and State-Law Interdependence Moot APA Challenges: The Sixth Circuit’s Refined Voluntary-Cessation Analysis in Gun Owners of America, Inc. v. U.S. Department of Justice Introduction...

Light-Duty Requests Are Protected ADA Activity, But Medical Proof and Comparator Evidence Remain Essential: Sixth Circuit Affirms Summary Judgment in Moore v. Next Generation Hospitality

Date: Nov 1, 2025

Light-Duty Requests Are Protected ADA Activity, But Medical Proof and Comparator Evidence Remain Essential Commentary on Demond Alex Moore v. Next Generation Hospitality LLC, No. 24-4050 (6th Cir....

Kemp did not open a “back door”: Sixth Circuit reaffirms that Rule 60(b)(1) cannot revive an untimely appeal caused by counsel’s misreading of finality and Rule 4

Date: Nov 1, 2025

Kemp did not open a “back door”: Sixth Circuit reaffirms that Rule 60(b)(1) cannot revive an untimely appeal caused by counsel’s misreading of finality and Rule 4 Introduction This Sixth Circuit...

Logistics Control Equals Managerial Role: Sixth Circuit Affirms §3B1.1(c) Enhancement Based on Directing a Co-Participant Without Proof of Profit Share or Direct Communications

Date: Nov 1, 2025

Logistics Control Equals Managerial Role: Sixth Circuit Affirms §3B1.1(c) Enhancement Based on Directing a Co-Participant Without Proof of Profit Share or Direct Communications Introduction In United...

Victim Humiliation as a Non‑Guidelines Aggravator and Foreseeability-Based Firearm Enhancements in Carjackings: United States v. Haile (6th Cir. 2025)

Date: Nov 1, 2025

Victim Humiliation as a Non‑Guidelines Aggravator and Foreseeability-Based Firearm Enhancements in Carjackings: United States v. Haile (6th Cir. 2025) Court: U.S. Court of Appeals for the Sixth...

Adequate Prison Care and § 3553(a) Balancing Can Defeat Compassionate Release Even for End-Stage Organ Disease: Commentary on United States v. Korey Moody (6th Cir. Oct. 29, 2025)

Date: Nov 1, 2025

Adequate Prison Care and § 3553(a) Balancing Can Defeat Compassionate Release Even for End-Stage Organ Disease Commentary on United States v. Korey Moody, No. 24-4095 (6th Cir. Oct. 29, 2025) (Not...

Simultaneous Miranda Warnings Are Valid If Reasonably Conveyed; Sixth Circuit Reaffirms Post‑Bruen Constitutionality of § 922(g)(1) and § 924(c), and Tightens Recantation-Based New Trial Relief

Date: Oct 30, 2025

Simultaneous Miranda Warnings Are Valid If Reasonably Conveyed; Sixth Circuit Reaffirms Post‑Bruen Constitutionality of § 922(g)(1) and § 924(c), and Tightens Recantation-Based New Trial Relief Case:...

Terse §3553(a) Explanations and Anticipated State Revocation Consecutive Orders: Sixth Circuit Affirms Sentencing Discretion Under Setser and U.S.S.G. §5G1.3(d)

Date: Oct 30, 2025

Terse §3553(a) Explanations and Anticipated State Revocation Consecutive Orders: Sixth Circuit Affirms Sentencing Discretion Under Setser and U.S.S.G. §5G1.3(d) Introduction In United States v....

Clear-Error Review Governs Threat-Based Obstruction Enhancements Under § 3C1.1; Corroborated, Present-Tense CI Tips Sustain Home Search Warrants

Date: Oct 30, 2025

Clear-Error Review Governs Threat-Based Obstruction Enhancements Under § 3C1.1; Corroborated, Present-Tense CI Tips Sustain Home Search Warrants Introduction In United States v. Jarrett Howard (6th...

No Chevron Needed: DEA Registration Does Not Immunize Practitioners from § 841(a); Sixth Circuit Affirms Ruan Knowledge Can Be Proven Circumstantially in Pregnant-Patient Prescribing

Date: Oct 30, 2025

No Chevron Needed: DEA Registration Does Not Immunize Practitioners from § 841(a); Sixth Circuit Affirms Ruan Knowledge Can Be Proven Circumstantially in Pregnant-Patient Prescribing Case: United...

No Federal Power to Compel Arbitration of Ongoing State Probate Asset Proceedings: The Sixth Circuit’s “Look‑Through plus In‑Rem” Bar under FAA § 4

Date: Oct 28, 2025

No Federal Power to Compel Arbitration of Ongoing State Probate Asset Proceedings: The Sixth Circuit’s “Look‑Through plus In‑Rem” Bar under FAA § 4 Introduction In Amos C. Johnson, M.D., and Johnson...

No Clearly Established Right of Public Access to Quasi‑Judicial Tax Hearings: Sixth Circuit Grants Qualified Immunity in Hicks v. Crowley

Date: Oct 28, 2025

No Clearly Established Right of Public Access to Quasi‑Judicial Tax Hearings: Sixth Circuit Grants Qualified Immunity in Hicks v. Crowley Court: U.S. Court of Appeals for the Sixth Circuit Date:...

Effective Preventive Measures Defeat Constructive Notice: Sixth Circuit Affirms No Duty Absent Foreseeability of a “General Condition” in Tennessee Premises Liability

Date: Oct 28, 2025

Effective Preventive Measures Defeat Constructive Notice: Sixth Circuit Affirms No Duty Absent Foreseeability of a “General Condition” in Tennessee Premises Liability Introduction In Patrick Penn &...

Kosher Complaints Must Follow Prison Verification Rules; Sporadic Errors Do Not Clearly Violate Free Exercise: Sixth Circuit Affirms Qualified Immunity in Blanton v. Histed

Date: Oct 28, 2025

Kosher Complaints Must Follow Prison Verification Rules; Sporadic Errors Do Not Clearly Violate Free Exercise: Sixth Circuit Affirms Qualified Immunity in Blanton v. Histed Court: United States Court...

General Compliance Clauses Do Not Waive Tribal Sovereign Immunity: Sixth Circuit Affirms Dismissal of FLSA Suit Against Tribally Owned Casino

Date: Oct 27, 2025

General Compliance Clauses Do Not Waive Tribal Sovereign Immunity: Sixth Circuit Affirms Dismissal of FLSA Suit Against Tribally Owned Casino Alexandria Parrotta v. Island Resort & Casino, No....

Undercover buyer’s export statement and contextual cues suffice for § 2K2.1(b)(6)(A): Sixth Circuit affirms export-enhancement, invited-error bar to acceptance-of-responsibility challenge, and within-Guidelines sentence in United States v. Darvell Jackson

Date: Oct 27, 2025

Undercover buyer’s export statement and contextual cues suffice for § 2K2.1(b)(6)(A): Sixth Circuit affirms export-enhancement, invited-error bar to acceptance-of-responsibility challenge, and...

Sixth Circuit: Kentucky Wanton Second-Degree Manslaughter Is Not a “Crime of Violence” Under the Guidelines; Misclassification Is Plain Error (United States v. Tooley)

Date: Oct 27, 2025

Sixth Circuit: Kentucky Wanton Second-Degree Manslaughter Is Not a “Crime of Violence” Under the Guidelines; Misclassification Is Plain Error Introduction In United States v. Tooley, the Sixth...

Enforcing Neutral Medical-Clearance Policies as a Legitimate Non-Discriminatory Basis: Sixth Circuit Affirms Summary Judgment and Highlights Proof Requirements for Hostile Environment and Retaliation

Date: Oct 25, 2025

Enforcing Neutral Medical-Clearance Policies as a Legitimate Non-Discriminatory Basis: Sixth Circuit Affirms Summary Judgment and Highlights Proof Requirements for Hostile Environment and Retaliation...