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  • Commentaries
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6th Circuit Case Commentaries

Enforcement of Noncompete Agreements Across Corporate Successors: Sixth Circuit Affirms Preliminary Injunction

Enforcement of Noncompete Agreements Across Corporate Successors: Sixth Circuit Affirms Preliminary Injunction

Date: Dec 9, 2024
Enforcement of Noncompete Agreements Across Corporate Successors: Sixth Circuit Affirms Preliminary Injunction Introduction The case of Kroger Specialty Pharmacy LA, LLC; Kroger Specialty Pharmacy...
Sixth Circuit Sets New Standard for EPA’s State Plan Disapprovals Under the Clean Air Act

Sixth Circuit Sets New Standard for EPA’s State Plan Disapprovals Under the Clean Air Act

Date: Dec 9, 2024
Sixth Circuit Sets New Standard for EPA’s State Plan Disapprovals Under the Clean Air Act Introduction The case of Commonwealth of Kentucky; Kentucky Energy and Environment Cabinet v. United States...
Affirmation of Conviction in UNITED STATES OF AMERICA v. FRANK TRAMMELL, JR.: Implications for Prosecutorial Conduct in Drug and Firearms Cases

Affirmation of Conviction in UNITED STATES OF AMERICA v. FRANK TRAMMELL, JR.: Implications for Prosecutorial Conduct in Drug and Firearms Cases

Date: Dec 9, 2024
Affirmation of Conviction in United States of America v. Frank Trammell, Jr.: Implications for Prosecutorial Conduct in Drug and Firearms Cases Introduction In United States of America v. Frank...
Enforceability of Appeal Waivers in Plea Agreements Confirmed: Analysis of United States v. Chapman

Enforceability of Appeal Waivers in Plea Agreements Confirmed: Analysis of United States v. Chapman

Date: Dec 9, 2024
Enforceability of Appeal Waivers in Plea Agreements Confirmed: Analysis of United States v. Chapman Introduction United States v. Wilson Chapman is a pivotal case adjudicated by the United States...
Affirmation of Sentencing Discretion in COVID-19 Relief Fraud Cases Under 18 U.S.C. §3553(a)

Affirmation of Sentencing Discretion in COVID-19 Relief Fraud Cases Under 18 U.S.C. §3553(a)

Date: Dec 9, 2024
Affirmation of Sentencing Discretion in COVID-19 Relief Fraud Cases Under 18 U.S.C. §3553(a) Introduction The case of United States of America v. Roshell Beaty represents a significant judicial...
Affirmation of Sentencing Enhancements for Repeated Sexual Conduct in Child Pornography Cases: United States v. Combs

Affirmation of Sentencing Enhancements for Repeated Sexual Conduct in Child Pornography Cases: United States v. Combs

Date: Dec 9, 2024
Affirmation of Sentencing Enhancements for Repeated Sexual Conduct in Child Pornography Cases: United States v. Combs Introduction In the case of United States of America v. Bill Daniel Combs, the...
Affirming True Threats and Sentencing Enhancements in Racial Harassment Cases under 18 U.S.C. § 876(c)

Affirming True Threats and Sentencing Enhancements in Racial Harassment Cases under 18 U.S.C. § 876(c)

Date: Dec 9, 2024
Affirming True Threats and Sentencing Enhancements in Racial Harassment Cases under 18 U.S.C. § 876(c) Introduction The case of United States of America v. Suzanne Craft serves as a significant...
Sixth Circuit Establishes Rigorous Nexus Requirement for Family-Based Asylum Claims in Rodas-Rodas v. Garland

Sixth Circuit Establishes Rigorous Nexus Requirement for Family-Based Asylum Claims in Rodas-Rodas v. Garland

Date: Dec 9, 2024
Sixth Circuit Establishes Rigorous Nexus Requirement for Family-Based Asylum Claims in Rodas-Rodas v. Garland Introduction Rodas-Rodas v. Garland is a pivotal decision by the United States Court of...
Affirmation of Sentencing Discretion Amid Plea Agreement Errors: United States v. Bartoli

Affirmation of Sentencing Discretion Amid Plea Agreement Errors: United States v. Bartoli

Date: Dec 9, 2024
Affirmation of Sentencing Discretion Amid Plea Agreement Errors: United States v. Bartoli Introduction In United States of America v. Eric V. Bartoli, the United States Court of Appeals for the Sixth...
Assignment Rights in Contract Law: Analysis of Burger Management Systems Washington Inc. v. Seawend, Ltd.

Assignment Rights in Contract Law: Analysis of Burger Management Systems Washington Inc. v. Seawend, Ltd.

Date: Dec 9, 2024
Assignment Rights in Contract Law: Analysis of Burger Management Systems Washington Inc. v. Seawend, Ltd. Introduction Burger Management Systems Washington Inc., et al., v. Seawend, Ltd., et al. is a...
Reaffirming the Line Between Lay and Expert Interpretation of Coded Drug Communications—and the “Low Bar” for the Drug-Premises Enhancement

Reaffirming the Line Between Lay and Expert Interpretation of Coded Drug Communications—and the “Low Bar” for the Drug-Premises Enhancement

Date: Dec 5, 2024
Reaffirming the Line Between Lay and Expert Interpretation of Coded Drug Communications—and the “Low Bar” for the Drug-Premises Enhancement Introduction This Sixth Circuit appeal arises from the...
Reaffirming that Accomplice Testimony and Circumstantial Evidence Can Sustain Straw-Purchase Convictions: United States v. Shepherd (6th Cir. 2024)

Reaffirming that Accomplice Testimony and Circumstantial Evidence Can Sustain Straw-Purchase Convictions: United States v. Shepherd (6th Cir. 2024)

Date: Dec 5, 2024
Reaffirming that Accomplice Testimony and Circumstantial Evidence Can Sustain Straw-Purchase Convictions: United States v. Shepherd (6th Cir. 2024) Introduction In United States v. Shepherd, the...
Affirmation of Juvenile Transfer to Adult Court under 18 U.S.C. § 5032: United States v. C.J.M.

Affirmation of Juvenile Transfer to Adult Court under 18 U.S.C. § 5032: United States v. C.J.M.

Date: Dec 5, 2024
Affirmation of Juvenile Transfer to Adult Court under 18 U.S.C. § 5032: United States v. C.J.M. 1. Introduction The case of United States of America v. C.J.M. examines the appellate affirmation of a...
Post-Taylor Resentencing Permits Reapplication of Firearm Enhancements; Reasonable-Suspicion Electronic-Search Conditions Sustained on Plain-Error Review

Post-Taylor Resentencing Permits Reapplication of Firearm Enhancements; Reasonable-Suspicion Electronic-Search Conditions Sustained on Plain-Error Review

Date: Dec 5, 2024
Post-Taylor Resentencing Permits Reapplication of Firearm Enhancements; Reasonable-Suspicion Electronic-Search Conditions Sustained on Plain-Error Review Introduction This commentary analyzes the...
Sixth Circuit: No “Good Cause” to Excuse Failure to Raise Bruen-Based Second Amendment Claims; Plain-Error Review Dooms Unpreserved Challenges to § 922(g)(1) and § 924(c)

Sixth Circuit: No “Good Cause” to Excuse Failure to Raise Bruen-Based Second Amendment Claims; Plain-Error Review Dooms Unpreserved Challenges to § 922(g)(1) and § 924(c)

Date: Dec 5, 2024
Sixth Circuit: No “Good Cause” to Excuse Failure to Raise Bruen-Based Second Amendment Claims; Plain-Error Review Dooms Unpreserved Challenges to § 922(g)(1) and § 924(c) Introduction In United...
Sixth Circuit Reaffirms Nonreviewability of §4A1.3 Downward-Departure Denials and Upholds Within-Guidelines Illegal-Reentry Sentence

Sixth Circuit Reaffirms Nonreviewability of §4A1.3 Downward-Departure Denials and Upholds Within-Guidelines Illegal-Reentry Sentence

Date: Dec 4, 2024
Sixth Circuit Reaffirms Nonreviewability of §4A1.3 Downward-Departure Denials and Upholds Within-Guidelines Illegal-Reentry Sentence Introduction This commentary examines the Sixth Circuit’s...
A Patient’s Promise to Pay “All Charges” in ER Intake Forms Creates a Written Contract (Triggering Kentucky’s 15-/10-Year Limitations Period) — Williams v. Louisville Recovery Service

A Patient’s Promise to Pay “All Charges” in ER Intake Forms Creates a Written Contract (Triggering Kentucky’s 15-/10-Year Limitations Period) — Williams v. Louisville Recovery Service

Date: Dec 4, 2024
A Patient’s Promise to Pay “All Charges” in ER Intake Forms Creates a Written Contract (Triggering Kentucky’s 15-/10-Year Limitations Period) Case: Joy Williams v. Louisville Recovery Service, LLC,...
Bare Suspicion of Federal Involvement, Plus Juror’s Stated Unfair‑Treatment Belief, Can Sustain a Race‑Neutral Peremptory Strike at Batson Step Three

Bare Suspicion of Federal Involvement, Plus Juror’s Stated Unfair‑Treatment Belief, Can Sustain a Race‑Neutral Peremptory Strike at Batson Step Three

Date: Dec 4, 2024
Bare Suspicion of Federal Involvement, Plus Juror’s Stated Unfair‑Treatment Belief, Can Sustain a Race‑Neutral Peremptory Strike at Batson Step Three Introduction In United States v. Hines, No....
Clarifying “Stolen” Under U.S.S.G. § 2K2.1(b)(4)(A): No Fraud-or-Knowledge Requirement; Mislaid-Then-Taken Firearms Still Count

Clarifying “Stolen” Under U.S.S.G. § 2K2.1(b)(4)(A): No Fraud-or-Knowledge Requirement; Mislaid-Then-Taken Firearms Still Count

Date: Dec 4, 2024
Clarifying “Stolen” Under U.S.S.G. § 2K2.1(b)(4)(A): No Fraud-or-Knowledge Requirement; Mislaid-Then-Taken Firearms Still Count Introduction In United States v. Carroll, No. 24-5256 (6th Cir. Dec. 3,...
Silence Is Plain Error: Sixth Circuit Vacates Sentence Where District Court Fails to Identify Applied Guideline Enhancements (United States v. Jacobs)

Silence Is Plain Error: Sixth Circuit Vacates Sentence Where District Court Fails to Identify Applied Guideline Enhancements (United States v. Jacobs)

Date: Dec 4, 2024
United States v. Jacobs (6th Cir. Dec. 3, 2024), addressing Daubert challenges to ACE-V fingerprint analysis, judicial responses to jury questions, sufficiency for § 924(c) brandishing, and...
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