6th Circuit Case Commentaries

United States v. Abdellatif: The Sixth Circuit’s Re-affirmation of the “Plain-Error / Formidable-Barrier” Doctrine for Post-Plea Competency & Coercion Claims

Date: Aug 5, 2025

United States v. Abdellatif: The Sixth Circuit’s Re-affirmation of the “Plain-Error / Formidable-Barrier” Doctrine for Post-Plea Competency & Coercion Challenges Introduction In United States v....

Sixth Circuit Clarifies: Ohio Aggravated Robbery Is “Generic Extortion” Under U.S.S.G. § 4B1.2(a)(2)

Date: Aug 5, 2025

Sixth Circuit Clarifies: Ohio Aggravated Robbery Is “Generic Extortion” Under U.S.S.G. § 4B1.2(a)(2) Introduction United States v. Sha-Kim Mandela, No. 24-3718 (6th Cir. Aug. 1, 2025) (unpublished),...

United States v. King, II: The Sixth Circuit Expands the “Concurrent-Task” Doctrine for Traffic Stops

Date: Aug 2, 2025

United States v. King, II: The Sixth Circuit Expands the “Concurrent-Task” Doctrine for Traffic Stops Introduction United States v. James Russell King, II, No. 24-1089 (6th Cir. 2025) is a...

Misapplication of State Evidentiary Rules as a Federal Constitutional Violation: Sixth Circuit Solidifies Pathway to Habeas Relief

Date: Aug 2, 2025

Misapplication of State Evidentiary Rules as a Federal Constitutional Violation: Sixth Circuit Solidifies Pathway to Habeas Relief Introduction In Louis Chandler v. Mike Brown, No. 23-1270 (6th Cir....

Drone Use for Wildlife Recovery Receives Only Intermediate-Scrutiny Protection: The Sixth Circuit’s New Framework in Yoder v. Bowen

Date: Aug 2, 2025

Drone Use for Wildlife Recovery Receives Only Intermediate-Scrutiny Protection: The Sixth Circuit’s New Framework in Yoder v. Bowen Introduction In Mike Yoder; Drone Deer Recovery LLC; and...

No Presumption of Irreparable Harm in ERISA Trustee-Entrenchment Disputes – Comment on Int’l Union of Painters & Allied Trades v. Smith, 6th Cir. (2025)

Date: Aug 2, 2025

No Presumption of Irreparable Harm in ERISA Trustee-Entrenchment Disputes: A Comprehensive Commentary on Int’l Union of Painters & Allied Trades v. Smith, 6th Cir. (2025) Introduction The Sixth...

“Turning a Blind Eye”: United States v. White & Herndon – Sixth Circuit Re-Affirms the High Bar for Franks Hearings on Omissions and Clarifies “Deliberate Ignorance” in Money-Laundering Conspiracies

Date: Aug 1, 2025

“Turning a Blind Eye”: United States v. White & Herndon – Sixth Circuit Re-Affirms the High Bar for Franks Hearings on Omissions and Clarifies “Deliberate Ignorance” in Money-Laundering Conspiracies...

United States v. White: Sixth Circuit Re-Affirms the “Higher Bar” for Franks-Based Omissions and Clarifies Use of Third-Party Prior Convictions to Establish Knowledge in Money-Laundering Cases

Date: Aug 1, 2025

United States v. White: Sixth Circuit Re-Affirms the “Higher Bar” for Franks-Based Omissions and Clarifies Use of Third-Party Prior Convictions to Establish Knowledge in Money-Laundering Cases...

“Dancing on Thin Ice” – The Sixth Circuit’s Clarification of Sua Sponte Rule 11 and § 1927 Sanctions in Pandemic-Related Litigation (Bojicic v. DeWine II, 2025)

Date: Aug 1, 2025

“Dancing on Thin Ice” – The Sixth Circuit’s Clarification of Sua Sponte Rule 11 and § 1927 Sanctions in Pandemic-Related Litigation (Commentary on Erica Bojicic v. Richard Michael DeWine,...

Sixth Circuit Clarifies Severability of Invalid De-Novo Review Clauses in Arbitration Agreements — A Commentary on Avient Corp. v. Westlake Vinyls, Inc.

Date: Jul 31, 2025

Sixth Circuit Clarifies Severability of Invalid De-Novo Review Clauses in Arbitration Agreements A Detailed Commentary on Avient Corp. v. Westlake Vinyls, Inc. (6th Cir. 2025) 1. Introduction...

“The Honest-Belief Shield”: Sixth Circuit Affirms Employer Discipline Despite Retroactive FMLA Leave in Beny v. University of Michigan (2025)

Date: Jul 31, 2025

“The Honest-Belief Shield” Sixth Circuit Affirms Employer Discipline Despite Retroactive FMLA Leave in Laura Beny v. University of Michigan (6th Cir. 2025) Introduction This commentary unpacks the...

“Cash-For-Flight” Stops: When a Threatened Administrative Seizure Is a Terry Detention, Not an Arrest

Date: Jul 31, 2025

“Cash-For-Flight” Stops: When a Threatened Administrative Seizure Is a Terry Detention, Not an Arrest Introduction United States v. Tra’ven Boyer-Letlow, No. 24-3670 (6th Cir. July 29, 2025)...

Herring v. City of Ecorse (6th Cir. 2025): Clarifying Waiver-Versus-Forfeiture, Rule 3(c)(4) “Merger,” and Res Judicata in § 1983 Retaliation Litigation

Date: Jul 30, 2025

Herring v. City of Ecorse (6th Cir. 2025): Clarifying Waiver-Versus-Forfeiture, Rule 3(c)(4) “Merger,” and Res Judicata in § 1983 Retaliation Litigation Introduction Cornelius Herring and Geoffrey...

Grand Traverse Band v. Blue Cross (6th Cir 2025): Narrowing Medicare-Like-Rate Obligations to Hospitals and Clarifying the “Actual-Knowledge” Timeliness Trigger for Tribal ERISA Fiduciary Claims

Date: Jul 30, 2025

Grand Traverse Band of Ottawa & Chippewa Indians v. Blue Cross Blue Shield of Michigan Court of Appeals for the Sixth Circuit • 28 July 2025 Introduction The Sixth Circuit’s published decision in...

“Timeliness Is of the Essence” – Sixth Circuit Re-Affirms Forfeiture of Defective NTA Claims and Tightens Particular-Social-Group Analysis in Cobo-Lopez v. Bondi

Date: Jul 30, 2025

“Timeliness Is of the Essence” – Sixth Circuit Re-Affirms Forfeiture of Defective NTA Claims and Tightens Particular-Social-Group Analysis in Cobo-Lopez v. Bondi Commentary on the United States Court...

United States v. Glenn: The Sixth Circuit Narrows the Admissibility of Law-Enforcement “Expert” Translation of Ordinary Text Messages

Date: Jul 30, 2025

United States v. Glenn: The Sixth Circuit Narrows the Admissibility of Law-Enforcement “Expert” Translation of Ordinary Text Messages Introduction United States v. Devante Glenn, No. 23-3926...

“Diligence or Dismissal” – The Sixth Circuit Tightens the Reins on Equitable Tolling and Pleading Standards in § 1983 Litigation (Anthony Mario Wynn v. City of Covington, 6th Cir. 2025)

Date: Jul 30, 2025

“Diligence or Dismissal” – The Sixth Circuit Tightens the Reins on Equitable Tolling and Pleading Standards in § 1983 Litigation Commentary on Anthony Mario Wynn v. City of Covington, Ky., 6th Cir....

“All-Claim” Requirement Reaffirmed: Sixth Circuit Limits what Counts as a PLRA Strike and Restricts Post-Notice District Court Revisions

Date: Jul 30, 2025

“All-Claim” Requirement Reaffirmed: Sixth Circuit Limits what Counts as a PLRA Strike and Restricts Post-Notice District Court Revisions 1. Introduction Davariol Marquavis Taylor, an incarcerated...

Lux-Lux v. Bondi: Forfeiture of Niz-Chavez–Based NTA Defects When Not Timely Raised

Date: Jul 30, 2025

Lux-Lux v. Bondi: Forfeiture of Niz-Chavez–Based NTA Defects When Not Timely Raised Introduction Diego Andrés Lux-Lux, an indigenous Guatemalan, entered the United States as a minor in 2015 and...

Selective-Truth Reporting and Cat’s-Paw Liability: Sixth Circuit Expands Employer Responsibility in ADA Retaliation Cases

Date: Jul 30, 2025

Selective-Truth Reporting and Cat’s-Paw Liability: The Sixth Circuit’s New Benchmark for Employer Liability in ADA Retaliation (Monica Gray v. State Farm) Introduction Monica Gray, a fifteen-year...