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  • Commentaries
  • Judgments

6th Circuit Case Commentaries

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)

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

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

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

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

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

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

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

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

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)

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

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...
Ethnic Modifiers Do Not Salvage Circular Particular Social Groups, and Nexus Cannot Be Inferred from Population-Level Disparities: Commentary on Macario‑Tzoc v. Bondi (6th Cir. 2025)

Ethnic Modifiers Do Not Salvage Circular Particular Social Groups, and Nexus Cannot Be Inferred from Population-Level Disparities: Commentary on Macario‑Tzoc v. Bondi (6th Cir. 2025)

Date: Oct 25, 2025
Ethnic Modifiers Do Not Salvage Circular Particular Social Groups, and Nexus Cannot Be Inferred from Population‑Level Disparities: Commentary on Macario‑Tzoc v. Bondi (6th Cir. 2025) Court: U.S....
Accessibility and Temporal Proximity Satisfy “During the Offense” for § 2D1.1(b)(1) Firearm Enhancement

Accessibility and Temporal Proximity Satisfy “During the Offense” for § 2D1.1(b)(1) Firearm Enhancement

Date: Oct 25, 2025
Accessibility and Temporal Proximity Satisfy “During the Offense” for § 2D1.1(b)(1) Firearm Enhancement Introduction In United States v. Byron Metcalf-Burroughs (No. 24-1944, 6th Cir. Oct. 22, 2025)...
Sixth Circuit Clarifies Discretion to Deny Time‑Served Variances Without “Magic Words” and to Avoid Double Credit

Sixth Circuit Clarifies Discretion to Deny Time‑Served Variances Without “Magic Words” and to Avoid Double Credit

Date: Oct 25, 2025
Sixth Circuit Clarifies Discretion to Deny Time‑Served Variances Without “Magic Words” and to Avoid Double Credit Introduction In United States v. Lawrence Edward Slaughter, II (6th Cir. Oct. 22,...
Operationalizing Williams: Gang-Related Gun Lending and Repeat Firearm Offenses Establish “Dangerousness” in § 922(g)(1) As‑Applied Challenges

Operationalizing Williams: Gang-Related Gun Lending and Repeat Firearm Offenses Establish “Dangerousness” in § 922(g)(1) As‑Applied Challenges

Date: Oct 25, 2025
Operationalizing Williams: Gang-Related Gun Lending and Repeat Firearm Offenses Establish “Dangerousness” in § 922(g)(1) As‑Applied Challenges Case: United States v. William Lee Suggs, IV, No....
Sixth Circuit Forecloses Merits-Panel Expansion of COAs and Distinguishes Katz and Jones as Separate, Exhaustion-Required Fourth Amendment Theories

Sixth Circuit Forecloses Merits-Panel Expansion of COAs and Distinguishes Katz and Jones as Separate, Exhaustion-Required Fourth Amendment Theories

Date: Oct 24, 2025
Sixth Circuit Forecloses Merits-Panel Expansion of COAs and Distinguishes Katz and Jones as Separate, Exhaustion-Required Fourth Amendment Theories Introduction In a published decision with...
Clarifying Securities Pleading: Judicial Notice of Third‑Party Public Statements and Form 4s Permitted; Puffery/Forward‑Looking Optimism Not Actionable Absent Specific Contrary Facts

Clarifying Securities Pleading: Judicial Notice of Third‑Party Public Statements and Form 4s Permitted; Puffery/Forward‑Looking Optimism Not Actionable Absent Specific Contrary Facts

Date: Oct 24, 2025
Clarifying Securities Pleading: Judicial Notice of Third‑Party Public Statements and Form 4s Permitted; Puffery/Forward‑Looking Optimism Not Actionable Absent Specific Contrary Facts Case: Bandol Lim...
Pleading Matters in Title VII/ELCRA: Sixth Circuit Rejects Conclusory Race and Retaliation Claims; Protected Activity Requires a Race-Based Complaint and Leave to Amend Must Be Properly Sought

Pleading Matters in Title VII/ELCRA: Sixth Circuit Rejects Conclusory Race and Retaliation Claims; Protected Activity Requires a Race-Based Complaint and Leave to Amend Must Be Properly Sought

Date: Oct 24, 2025
Pleading Matters in Title VII/ELCRA: Sixth Circuit Rejects Conclusory Race and Retaliation Claims; Protected Activity Requires a Race-Based Complaint and Leave to Amend Must Be Properly Sought...
Integrated Commission Agreements Foreclose Unjust Enrichment for Related Revenue Streams at the Pleading Stage: Mosser v. Cramer‑Krasselt (6th Cir. 2025)

Integrated Commission Agreements Foreclose Unjust Enrichment for Related Revenue Streams at the Pleading Stage: Mosser v. Cramer‑Krasselt (6th Cir. 2025)

Date: Oct 24, 2025
Integrated Commission Agreements Foreclose Unjust Enrichment for Related Revenue Streams at the Pleading Stage Mosser v. Cramer‑Krasselt Co. (6th Cir. Oct. 21, 2025) Introduction In this unpublished...
Post-Esteras Clarification: Consecutive Revocation Terms May Rest on Breach of Trust; Appeal Waiver in Rule 11(c)(1)(C) Plea Forecloses Reasonableness Attack on a Within-Range Sentence

Post-Esteras Clarification: Consecutive Revocation Terms May Rest on Breach of Trust; Appeal Waiver in Rule 11(c)(1)(C) Plea Forecloses Reasonableness Attack on a Within-Range Sentence

Date: Oct 24, 2025
Post-Esteras Clarification: Consecutive Revocation Terms May Rest on Breach of Trust; Appeal Waiver in Rule 11(c)(1)(C) Plea Forecloses Reasonableness Attack on a Within-Range Sentence Introduction...
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