6th Circuit Case Commentaries

Minor Inconsistencies and Clerical Errors Do Not Defeat Probable Cause – A Commentary on Cleveland Harville v. City of Warren, Mich.

Date: Jul 12, 2025

Minor Inconsistencies and Clerical Errors Do Not Defeat Probable Cause: An In-Depth Commentary on Cleveland Harville v. City of Warren, Michigan 1. Introduction The Sixth Circuit’s unpublished...

“Signature-Only” Settlements Are Not Fraud: A Commentary on Matthew Lucas v. Eric Miller (B.A.P. 6th Cir. 2025)

Date: Jul 12, 2025

“Signature-Only” Settlements Are Not Fraud: A Detailed Commentary on Matthew Lucas v. Eric Miller, B.A.P. 6th Cir. (2025) Introduction Matthew Lucas v. Eric Miller is a Bankruptcy Appellate Panel...

Sixth Circuit Re-Affirms the “Actual-Knowledge” Standard for Pre-2021 Jail-Suicide Claims and Declines Retroactive Application of Brawner’s Recklessness Test

Date: Jul 12, 2025

Sixth Circuit Re-Affirms the “Actual-Knowledge” Standard for Pre-2021 Jail-Suicide Claims and Declines Retroactive Application of Brawner’s Recklessness Test 1. Introduction This commentary analyzes...

United States v. Martin: Sixth Circuit Re-Affirms the “Dangerousness” Standard for Disarming Felons and Domestic-Violence Misdemeanants After Bruen

Date: Jul 12, 2025

United States v. Martin: Sixth Circuit Re-Affirms the “Dangerousness” Standard for Disarming Felons and Domestic-Violence Misdemeanants After Bruen 1. Introduction In United States v. Da Shawn Lee...

Sixth Circuit Clarifies that Payments *to* Independent Contractors Do Not Constitute “Payroll Costs” under the CARES Act’s Paycheck Protection Program

Date: Jul 12, 2025

Sixth Circuit Clarifies that Payments to Independent Contractors Do Not Constitute “Payroll Costs” under the CARES Act’s Paycheck Protection Program 1. Introduction In Veltor Underground, LLC v....

“Knowledge-Based Waiver” and the Party-Presentation Rule: A Commentary on Andrew Berzanskis v. FCA US, LLC (6th Cir. 2025)

Date: Jul 12, 2025

“Knowledge-Based Waiver” and the Party-Presentation Rule: A Comprehensive Commentary on Andrew Berzanskis v. FCA US, LLC (6th Cir. July 10, 2025) 1. Introduction The Sixth Circuit’s published opinion...

Finality over Flexibility: Sixth Circuit Bars Rule 60(b) Re-Litigation after an FTCA Judgment

Date: Jul 12, 2025

Finality over Flexibility: Sixth Circuit Bars Rule 60(b) Re-Litigation after an FTCA Judgment Introduction James King v. United States is the latest chapter in a decade-long fight over the limits of...

Expanding the Ministerial Exception to Dual-Role School Administrators: A Commentary on Pulsifer v. Westshore Christian Academy

Date: Jul 11, 2025

Expanding the Ministerial Exception to Dual-Role School Administrators: A Commentary on Pulsifer v. Westshore Christian Academy Introduction The United States Court of Appeals for the Sixth Circuit,...

Sixth Circuit Joins Sister Circuits in Rejecting the Exclusionary Rule for § 1983 Actions: A Commentary on Karim Codrington v. Jay Dolak

Date: Jul 11, 2025

Sixth Circuit Joins Sister Circuits in Rejecting the Exclusionary Rule for § 1983 Actions: Commentary on Karim Codrington v. Jay Dolak, 25a0178p.06 (6th Cir. 2025) Introduction In Karim Codrington v....

OPV Partners v. City of Lansing: Non-Payment of Administrative Appeal Fees Bars Federal Due-Process and Takings Claims

Date: Jul 11, 2025

OPV Partners v. City of Lansing: Non-Payment of Administrative Appeal Fees Bars Federal Due-Process and Takings Claims Introduction OPV Partners, LLC owned and operated the 618-unit Autumn Ridge...

“Post-Loper Bright” Validation of the Split-Dollar Regulation – A Commentary on Peter McGowan v. United States (6th Cir. 2025)

Date: Jul 11, 2025

“Post-Loper Bright” Validation of the Split-Dollar Regulation – A Commentary on Peter McGowan v. United States (6th Cir. 2025) 1. Introduction The Sixth Circuit’s decision in Peter McGowan v. United...

“One Minor, Two Roles”: Sixth Circuit Affirms Dual-Role Application of U.S.S.G. §3B1.4 and Clarifies Scope of §4B1.5(b)(1)

Date: Jul 11, 2025

“One Minor, Two Roles”: Sixth Circuit Affirms Dual-Role Application of U.S.S.G. §3B1.4 and Clarifies Scope of §4B1.5(b)(1) Introduction United States v. David Jason Parkey, No. 24-5812 (6th Cir. July...

United States v. Otis: Sixth Circuit Reaffirms That the Simultaneous Sale of Firearms and Narcotics Satisfies § 924(c)’s “During and in Relation To” Element and Clarifies Plain-Error Review of Guilty Pleas

Date: Jul 11, 2025

United States v. Otis: Sixth Circuit Reaffirms That the Simultaneous Sale of Firearms and Narcotics Satisfies § 924(c)’s “During and in Relation To” Element and Clarifies Plain-Error Review of Guilty...

“The Watson Rule”: Visible Contraband & Identity Refusal as Independent Sources of Probable Cause under the Fourth Amendment

Date: Jul 11, 2025

“The Watson Rule”: Visible Contraband & Identity Refusal as Independent Sources of Probable Cause under the Fourth Amendment Introduction United States v. Watson, No. 24-3679 (6th Cir. July 9, 2025)...

“A Modicum Is Enough” – United States v. Hollins and the Sixth Circuit’s Refined Good-Faith & Drug-Premises Doctrine

Date: Jul 11, 2025

“A Modicum Is Enough” – United States v. Hollins and the Sixth Circuit’s Refined Good-Faith & Drug-Premises Doctrine 1. Introduction United States v. Kendall Hollins, No. 24-1465 (6th Cir. July 9,...

“Bringing Brokers Within the Safety Fold” – Sixth Circuit Declares Negligent-Hiring Claims Against Freight Brokers Survive FAAAA Pre-emption

Date: Jul 11, 2025

“Bringing Brokers Within the Safety Fold” – Sixth Circuit Declares Negligent-Hiring Claims Against Freight Brokers Survive FAAAA Pre-emption 1. Introduction In Robert Cox v. Total Quality Logistics,...

United States v. Bond: “Lying-in-Wait” Shooting Satisfies Specific-Intent Requirement for Attempted-Murder Cross-Reference under U.S.S.G. § 2K2.1

Date: Jul 11, 2025

United States v. Bond: “Lying-in-Wait” Shooting Satisfies Specific-Intent Requirement for Attempted-Murder Cross-Reference under U.S.S.G. § 2K2.1 1. Introduction The Sixth Circuit’s unpublished...

“Standing, Not Merits”: Sixth Circuit Re-affirms the Wall between Article III Standing and State-Law Causes of Action in Stewart v. Martin

Date: Jul 8, 2025

“Standing, Not Merits”: Sixth Circuit Re-affirms the Wall between Article III Standing and State-Law Causes of Action in Stewart v. Martin 1. Introduction Court & Date: United States Court of Appeals...

“Standing Without a Cause?” – Sixth Circuit Re-Affirms the Firewall between Article III Standing and State-Law Causes of Action (Commentary on Stewart v. Martin, 25 F.4th ___ (6th Cir. 2025))

Date: Jul 8, 2025

“Standing Without a Cause?” – Sixth Circuit Re-Affirms the Firewall between Article III Standing and State-Law Causes of Action Comprehensive Commentary on Stewart v. Martin, Nos. 24-3648/3708 (6th...

Livingston v. Livingston Music: Preclusive Effect of State Probate Orders on §203 Copyright-Termination Challenges

Date: Jul 8, 2025

Livingston v. Livingston Music: Preclusive Effect of State Probate Orders on §203 Copyright-Termination Challenges Introduction The decision in Tammy Livingston v. Jay Livingston Music, Inc.,...