United States v. Viramontes-Hernandez: Clarifying “Relevant Conduct” for the §2G2.2(b)(5) Pattern-of-Activity Enhancement Introduction United States v. Emanuel Jose Viramontes-Hernandez, No. 24-1773...
Sixth Circuit Affirms District Courts’ Discretion to Treat Unscored Misdemeanor Conduct and Related Firearms as Aggravating Factors Under § 3553(a) Comprehensive Commentary on United States v....
McClendon El v. Washington: Clarifying the Absence of a Liberty Interest in Avoiding Sex-Offender Programming under Michigan’s Discretionary Parole System 1. Introduction In Anthony McClendon El v....
“Conscious Abandonment Equals Waiver” – United States v. Scales and the Sixth Circuit’s Clarification on Government Waiver of Probable-Cause Arguments Introduction United States v. Jeffrey L. Scales,...
“Holistic Comparator Analysis in Workforce Reductions” Commentary on Dawn Hayes v. Clariant Plastics & Coatings USA, Inc. I. Introduction In Hayes v. Clariant, the Sixth Circuit revisits the...
Arbitrator Findings & Post-Reinstatement Delay as Evidence of Pretext and Retaliation Commentary on Jeff Smith v. City of Union, Ohio, 89 F.4th ___ (6th Cir. 2025) Introduction In Jeff Smith v. City...
Private-University Police as State Actors: A Commentary on Warman v. Mount St. Joseph University (6th Cir. 2025) 1. Introduction In Matthew Warman v. Mount St. Joseph University, the United States...
Abeyance, Not Dismissal: Sixth Circuit Clarifies That Tennessee Criminal-Malpractice Claims Must Be Stayed Until Post-Conviction Relief Is Finally Resolved Introduction In Dimitar Petlechkov v....
Sixth Circuit Reaffirms: Unauthorized Overtime as Legitimate, Nondiscriminatory Basis for Termination; No ADEA Hostile Environment Without an Age Nexus Case: Cynthia Barnes v. Secretary of Veterans...
No Duty to Infer “Implied” PSGs; Failures on Persecution and Nexus Obviate “Unable/Unwilling” Findings; Defective NTAs Do Not Strip Jurisdiction — Sixth Circuit in Torres de Lopez v. Bondi Court:...
No State-Law End-Run Around ERISA for Top-Hat Plans; “Equitable Surcharge” Is Not Available Under § 1132(a)(3) Introduction In Jerry Aldridge v. Regions Bank, No. 24-5603 (6th Cir. July 17, 2025),...
Misreading Rule 15 Is Not a “Mistake”: Sixth Circuit Clarifies Relation-Back, Notice-of-Appeal Specificity, and Affirms Kentucky’s One-Year Limitations for § 1983 Claims Introduction In Jennie V....
Resetting the 182‑Day Clock and Recognizing “Reader” Support: The Sixth Circuit’s Persuasive Guidance on Michigan’s PWDCRA in Poplar v. Genesee County Road Commission Introduction In Donna Poplar v....
Double-Waiver Forecloses Interlocutory Arbitration Appeal in Bankruptcy: Sixth Circuit Affirms Where Appellants Neither Preserved the Arbitration Agreement Nor Challenged Bankruptcy-Conflict Grounds...
Sixth Circuit Clarifies Narrow Judicial Review of I‑751 Good‑Faith Marriage Waivers: Credibility and Weight-of-Evidence Challenges Are Unreviewable Introduction In Nathaniel Kumedzro v. Pamela Bondi,...
Sixth Circuit Clarifies No Shortcuts Under Daubert or the TPLA: Expertise Must Match the Theory; Malfunction Theory and Consumer-Expectation Shortcuts Fail for Complex Medical Implants Case: Joseph...
Sixth Circuit: No Lesser-Included Simple Possession Instruction Absent Countervailing Evidence; Reaffirmation of Speedy Trial Act Dismissal-Without-Prejudice Factors and Valid Faretta Waiver...
Responsiveness Over Results: Sixth Circuit Reaffirms that Consistent Police Intervention Defeats “Unable or Unwilling” and that Plausible Explanations Do Not Salvage Adverse Credibility Introduction...
Misreading PSR “National Sentencing Averages” Is a Procedural Error Reviewed Only for Plain Error; Within‑Guidelines Sentences Remain Presumptively Reasonable in the Sixth Circuit Case: United States...
“Not a Mine-Run Failure to Register”: Sixth Circuit Reaffirms Broad Discretion to Impose Significant Upward Variances and Lifetime Supervised Release in SORNA Cases Case: United States v. Travis...