6th Circuit Case Commentaries

No Clearly Established Fourth Amendment Bar to Trousers-Down Gun Search or 20‑Minute Seclusion in Schools; Sixth Circuit Affirms Interlocutory Review of Qualified Immunity on Plaintiff’s Facts

Date: Oct 1, 2025

No Clearly Established Fourth Amendment Bar to Trousers-Down Gun Search or 20‑Minute Seclusion in Schools; Sixth Circuit Affirms Interlocutory Review of Qualified Immunity on Plaintiff’s Facts...

Fair Access, Not Blind Deference: Sixth Circuit Limits Preclusion of Prison Disciplinary Findings and Clarifies Video-Based Summary Judgment

Date: Oct 1, 2025

Fair Access, Not Blind Deference: Sixth Circuit Limits Preclusion of Prison Disciplinary Findings and Clarifies Video-Based Summary Judgment Introduction In Brent James Nash v. Austin Bryce and...

No But-For Link: Sixth Circuit Narrows “Relevant Conduct” for Prior-Sentence Points After Amendment 821

Date: Oct 1, 2025

No But-For Link: Sixth Circuit Narrows “Relevant Conduct” for Prior-Sentence Points After Amendment 821 Introduction In United States v. Ronnie Edward Duke, the Sixth Circuit addressed a recurring...

Sixth Circuit Applies Muldrow to Title VII Religion Claims, Abrogates “Independent Harm” Rule, and Treats Coercive Sincerity Interviews as Potential Retaliation

Date: Sep 30, 2025

Sixth Circuit Applies Muldrow to Title VII Religion Claims, Abrogates “Independent Harm” Rule, and Treats Coercive Sincerity Interviews as Potential Retaliation Introduction In Jeffrey Bilyeu v....

Post-Erlinger Harmless Error in ACCA Cases: Sixth Circuit Confirms PSRs May Ground “Different Occasions” Findings and Emphasizes the Reasonable-Jury Standard

Date: Sep 30, 2025

Post-Erlinger Harmless Error in ACCA Cases: Sixth Circuit Confirms PSRs May Ground “Different Occasions” Findings and Emphasizes the Reasonable-Jury Standard Introduction In United States v. Marquise...

Inquiry Notice Triggers OUTSA Limitations and “New Matter” Limits Derivative Software Registrations: Cincom Systems, Inc. v. LabWare, Inc.

Date: Sep 27, 2025

Inquiry Notice Triggers OUTSA Limitations and “New Matter” Limits Derivative Software Registrations: Cincom Systems, Inc. v. LabWare, Inc. Introduction In Cincom Systems, Inc. v. LabWare, Inc., No....

Harmless-Error Rule in Supervised-Release Revocations: One Proven Violation Suffices, and Unnecessary Findings Do Not Upset Revocation or Sentence When the Guidelines Range Is Unchanged

Date: Sep 27, 2025

Harmless-Error Rule in Supervised-Release Revocations: One Proven Violation Suffices, and Unnecessary Findings Do Not Upset Revocation or Sentence When the Guidelines Range Is Unchanged Introduction...

Sixth Circuit Clarifies Title VII Pleading: Time‑Barred Incidents Can Bolster Plausibility and Plaintiffs Need Not Name Comparators; Medical Leave Does Not Break Retaliation Causation

Date: Sep 26, 2025

Sixth Circuit Clarifies Title VII Pleading: Time‑Barred Incidents Can Bolster Plausibility and Plaintiffs Need Not Name Comparators; Medical Leave Does Not Break Retaliation Causation Case: Ashraf...

Post-Wilkinson Review in Cancellation Cases: Sixth Circuit Reaffirms No Jurisdiction Over Factual Hardship Findings and Confirms That Number of Qualifying Relatives Is a Proper Totality Factor

Date: Sep 26, 2025

Post-Wilkinson Review in Cancellation Cases: Sixth Circuit Reaffirms No Jurisdiction Over Factual Hardship Findings and Confirms That Number of Qualifying Relatives Is a Proper Totality Factor...

Interest-Based Allocation of Joint Loss‑Payee Insurance Proceeds and Preclusion of Insurer’s Post‑Verdict Attacks under Tennessee Law

Date: Sep 26, 2025

Interest-Based Allocation of Joint Loss‑Payee Insurance Proceeds and Preclusion of Insurer’s Post‑Verdict Attacks under Tennessee Law Introduction This appeal—Hanover American Insurance Co. v....

Allocation, Not Priority: Sixth Circuit Limits Insurers’ Post-Verdict Challenges and Adopts Leasehold-Value Allocation for Joint “As Interests May Appear” Loss-Payable Clauses

Date: Sep 26, 2025

Allocation, Not Priority: Sixth Circuit Limits Insurers’ Post-Verdict Challenges and Adopts Leasehold-Value Allocation for Joint “As Interests May Appear” Loss-Payable Clauses Introduction This...

Sixth Circuit Clarifies Racial Harassment: “Monkey” and “Monkey Ass” Are Race-Specific Slurs; Comparator Race May Be Proven by Perception; Workload Disparities May Support a Hostile Work Environment

Date: Sep 26, 2025

Sixth Circuit Clarifies Racial Harassment: “Monkey” and “Monkey Ass” Are Race-Specific Slurs; Comparator Race May Be Proven by Perception; Workload Disparities May Support a Hostile Work Environment...

Speculative “Diversion of Resources” Is Not Enough: Sixth Circuit Reaffirms “Certainly Impending” Injury Requirement for Organizational Standing in NVRA Injunction Suits

Date: Sep 26, 2025

Speculative “Diversion of Resources” Is Not Enough: Sixth Circuit Reaffirms “Certainly Impending” Injury Requirement for Organizational Standing in NVRA Injunction Suits Introduction In RNC v....

Objective Harmless-Error Review of ACCA “Different Occasions” Post‑Erlinger: Unrebutted PSRs and Months‑Long Gaps Sustain Enhancements — United States v. Ballinger (6th Cir. 2025)

Date: Sep 25, 2025

Objective Harmless-Error Review of ACCA “Different Occasions” Post‑Erlinger: Unrebutted PSRs and Months‑Long Gaps Sustain Enhancements — United States v. Ballinger (6th Cir. 2025) Introduction United...

Unrelated Questioning After Mission Tasks Are Complete Unlawfully Prolongs Traffic Stop and Taints Consent: Sixth Circuit in United States v. Moffitt

Date: Sep 25, 2025

Unrelated Questioning After Mission Tasks Are Complete Unlawfully Prolongs Traffic Stop and Taints Consent: Sixth Circuit in United States v. Moffitt Introduction In United States v. Frankie L....

Information Control and Intangible Benefits Can Prove Leadership; Dangerousness-Based Disarmament Defeats § 922(g)(1) Challenges

Date: Sep 24, 2025

Information Control and Intangible Benefits Can Prove Leadership; Dangerousness-Based Disarmament Defeats § 922(g)(1) Challenges Case: United States v. Avis Damone Coward (No. 24-1885) Court: United...

Federal Definition of “Conviction” Controls § 2251(e); § 2260A’s Ten-Year Consecutive Term Stacks Without Double-Jeopardy Violation; Rule 413 Reaches Enticement Attempts — Commentary on United States v. Baker (6th Cir. 2025)

Date: Sep 13, 2025

Federal Definition of “Conviction” Controls § 2251(e); § 2260A’s Ten-Year Consecutive Term Stacks Without Double-Jeopardy Violation; Rule 413 Reaches Enticement Attempts — Commentary on United States...

Sixth Circuit: Four-Month Gap and a Conflated OCRC Probable-Cause Letter Are Insufficient to Prove Causation in Title VII Retaliation

Date: Sep 13, 2025

Sixth Circuit: Four-Month Gap and a Conflated OCRC Probable-Cause Letter Are Insufficient to Prove Causation in Title VII Retaliation Introduction In Theresa A. Kovacs v. University of Toledo, No....

Post-Muldrow in the Sixth Circuit: “Some Harm” Suffices for Title VII Discrimination, But Profane “Employee Beef” on Social Media Is Not Protected Speech

Date: Sep 13, 2025

Post-Muldrow in the Sixth Circuit: “Some Harm” Suffices for Title VII Discrimination, But Profane “Employee Beef” on Social Media Is Not Protected Speech Introduction This published decision from the...

No-Notice Upward Variances and Restitution-Repayment Conditions: Sixth Circuit Affirms Robust Sentencing Discretion in United States v. Radovic et al.

Date: Sep 12, 2025

No-Notice Upward Variances and Restitution-Repayment Conditions: Sixth Circuit Affirms Robust Sentencing Discretion in United States v. Radovic et al. Introduction In this consolidated,...