Leadership-Role Enhancement Based on a Knowingly Assisting Partner and Related Prior Deliveries; Downward-Departure Denials Remain Unreviewable Absent Clear Misunderstanding 1. Introduction In United...
Redressability Controls Billboard-Sign Standing When an Unchallenged Structural Ban Independently Prohibits the Proposed Sign I. Introduction Case: Summit Locations, LLC v. Bd. of Trs., Bath Twp.,...
Interboro Protection Extends to Honest, Reasonable CBA-Based Complaints About “Side Deals,” and Remedy-Scaling Must Wait for NLRB Compliance Proceedings Case: NLRB v. VNS Fed. Servs., LLC (6th Cir....
Rule 35(b) Substantial-Assistance Reductions Keep § 3582(c)(2) Eligibility in Play and Trigger § 1B1.10(c)’s Mandatory-Minimum Disregard When a Retroactive Amendment Lowers the Range I. Introduction...
Rule 35(b) Substantial-Assistance Reductions Do Not Break the “Based On Guidelines” Link, and § 1B1.10(c) Removes Mandatory Minimums from the Retroactive-Amendment Recalculation Case: United States...
Suicide Is Not “Willfully Caused” Relevant Conduct for § 2B3.2 Firearm-Discharge and Bodily-Injury Enhancements in Extortion Sentencing I. Introduction In United States v. Glenn Daeward Boyd (6th...
Sixth Circuit: A § 1326(a) “Found-In” Offense Commences at First Unlawful Physical Presence (Continuing-Offense Rule for U.S.S.G. § 4A1.2(e)(2)) I. Introduction In United States v. Prisiliano...
Creditors Lack a Statutory Cause of Action Under KRS § 271B.8-330 for Unlawful Distributions Case: Granite State Ins. Co. v. Kenneth Taylor, Jr. Court: U.S. Court of Appeals for the Sixth Circuit...
Sixth Circuit: TVPRA Punitive Damages Need Not Be Tethered to Non‑Economic Compensatory Awards; Conclusory “Guatemala Is Available” Assertions Cannot Support Forum Non Conveniens Dismissal I....
Sixth Circuit Rejects “Close-and-Significant-Relationship” Privity for Nonparty Claim Preclusion; Parent–Subsidiary Status Alone Does Not Bar a Second Suit I. Introduction In Diamond Williams v....
Irreparable Harm in Pre‑Enforcement Challenges: Unrecoverable Compliance Costs and Credible Enforcement Threats Satisfy the Sixth Circuit Threshold I. Introduction In NetChoice, LLC v. Jonathan...
Binoculars-as-Stalking Evidence and Flight-Risk Handcuffing: Sixth Circuit Clarifies Gant’s “Reasonable-to-Believe” Vehicle Search Standard I. Introduction In United States v. Michael Hoffpowier (6th...
Confrontation Clause “Opportunity” Standard: COVID-Era Trial Recesses Do Not Violate the Sixth Amendment When Cross-Examination Remains Full and Fair Case: United States v. Michael Forrester, Jr....
Sixth Circuit: State-Created Danger Does Not Reach Noncustodial Suicide; Suicide Breaks Duty and Causation for Substantive Due Process Claims I. Introduction Case: Brian Zimmermann v. Scott Labish,...
Zimmermann v. Labish: The Sixth Circuit Reaffirms That the State-Created Danger Doctrine Does Not Reach Noncustodial Suicide—and Immunities Require Early Dismissal Case: Brian Zimmermann v. Scott...
RICO Conspiracy May Be Proven by Agreement to Join an Enterprise that “Existed or Would Exist”: Sixth Circuit Also Upholds Semi-Anonymous Jury and COVID-Era Delay Between Direct and Cross I....
RICO Conspiracy May Rest on an Agreement to Participate in an Enterprise That “Existed or Would Exist” Without Constructively Amending the Indictment 1. Introduction United States v. Jason Meyerholz...
Ohio “In Consequence Of” Fraud Exclusion: No Malpractice Indemnity When Negligence Damages Are Not Independent of Intentional Misrepresentation; No Third-Party Bad-Faith Claims Introduction Case:...
“In Consequence of” Means Direct-and-Inseparable: Ohio Malpractice Coverage Is Barred Where Negligence Damages Cannot Be Separated from the Surgeon’s Fraud; Third-Party Bad-Faith Claims Remain...
Interpreting “In Consequence of” in Ohio Malpractice Policies: Direct-and-Inseparable Causation for Fraud Exclusions and No Third-Party Bad-Faith Claims 1. Introduction In Mackenzie Bender v. Med....