United States v. Kahook (6th Cir. 2025): Sixth Circuit Affirms Authority to Require Supervised-Release Payments Toward Prior Restitution and Upholds Significant Upward Variances for Recidivism and...
No-Notice Upward Variances and Supervised-Release Repayment of Prior Restitution: Sixth Circuit’s Consolidated Guidance in United States v. Idris Jackson Introduction In this nonprecedential but...
Beyond the “Heartland”: Sixth Circuit Affirms Robust Discretion for Upward Variances, Upholds §2D1.1(b)(13) “Fake Percs” Enhancement, and Permits Supervised-Release Payment of Prior Restitution...
Using Supervised Release to Enforce Prior Restitution and Clarifying the Fentanyl “Misrepresentation” Enhancement: Commentary on United States v. Algyn Kerney (6th Cir. 2025) Introduction In this...
No Notice Needed for Upward Variances; Counterfeit‑Pill Enhancement and Prior‑Restitution Payment Condition Upheld — United States v. Sanders et al. (6th Cir. 2025) Court: U.S. Court of Appeals for...
After Barnes, Consider All Proximate Pre-Force Events: Sixth Circuit Clarifies Temporal Scope and Confirms Appellate Reliance on Video in Qualified Immunity Appeals Introduction In Ulysses Feagin v....
Sixth Circuit: Employees Must Give “Reasonably Specific” Notice of Religious Conflicts; Safety Risks and Testing Logistics Can Create Title VII Undue Hardship Introduction In Christina Henry v....
No Pendent Review of Contract Formation and Merits-First Litigation Defaults Arbitration Rights: Sixth Circuit Clarifies FAA §16(a) Scope and §3 “Default” in Schnatter v. 247 Group Introduction In a...
“Children” Means Under 18 for § 2251(e), and § 3283’s Child‑Abuse Limitations Apply to Mann Act § 2421: Commentary on United States v. Deakins (6th Cir. 2025) Introduction In United States v....
Sixth Circuit Holds First Step Act Time Credits Cannot Reduce Supervised Release; Habeas Challenges Become Moot Upon Release Case: Terrell Anthony Hargrove v. Ian Healy, No. 24-3809 (6th Cir. Sept....
Sixth Circuit Clarifies Rule 801(d)(2)(D): HR Employees Who Merely Deliver Termination Decisions Are Not Opposing-Party Declarants Introduction In Pearlie R. Hill v. TK Elevator Manufacturing, Inc.,...
Title VII Retaliation After a Sexual-Assault Report: Sixth Circuit Requires Proof of a Reasonable, Good‑Faith Belief in Nonconsent; Intrinsic Consent Evidence Not Barred by Rule 412 Case: Samantha...
Recall Alone Is Not Enough for Article III Standing: Sixth Circuit Demands Plausible Contamination Allegations in Benefit-of-the-Bargain and Risk-of-Illness Suits Case: Ward v. J.M. Smucker Co., No....
Sixth Circuit Clarifies Third-Party Consent at Family Businesses and Reaffirms Broad Discretion in Public Contracting Under “Best-Interest” RFPs Introduction In Rockwood Auto Parts, Inc.; Rockwood...
Sixth Circuit Clarifies Retaliatory Refusal to Remedy Dangerous Prison Conditions as Actionable First Amendment Violation; Risk-Only COVID-19 Exposure Insufficient for Damages Standing Introduction...
Imminent Harm Still Required: Voluntary Repeal and Binding Non‑Enforcement Pledge Defeat First Amendment Preliminary Injunctions And: The Sixth Circuit tightens pre‑enforcement standing where a...
First Amendment Shield, Not Sword: Protected Petitioning Cannot Supply the Overt Act in § 1983 Conspiracies—Yet May Evidence Agreement; and Government Litigation and Nonviolent “Threats” Are Not...
No Vested Right Without a Valid Permit: Sixth Circuit Affirms No Due Process or Takings Liability for Stop‑Work Order Based on Defective Application Court: U.S. Court of Appeals for the Sixth Circuit...
Nexus over Comparators and FMLA Interference by Omission: Sixth Circuit Partially Revives Pregnancy Discrimination and FMLA Claims in Bunnell v. Beaumont Hospital Court: U.S. Court of Appeals for the...
Clarifying When an EEOC Intake Questionnaire Is (and Is Not) a “Charge”: Sixth Circuit Tightens Holowecki’s Gate for ADA Exhaustion and Reaffirms Michigan PWDCRA’s No-Transfer Rule Case: Jay...