6th Circuit Case Commentaries

Pyramid Schemes as Per Se Schemes to Defraud & Hybrid MLM “Packages” as Securities ― A Commentary on United States v. Doyce Barnes (6th Cir. 2025)

Date: Jun 30, 2025

Pyramid Schemes Are, by Definition, Federal Schemes to Defraud & Hybrid MLM Investments Can Be “Securities” — Detailed Commentary on United States v. Doyce Barnes, 84 F.4th ___ (6th Cir. 2025)...

Pyramid Schemes as Per-Se Mail Fraud & “Passive-Income” Packages as Securities: A Commentary on United States v. Faraday Hosseinipour

Date: Jun 30, 2025

Pyramid Schemes as Per-Se Mail Fraud & “Passive-Income” Packages as Securities: Commentary on United States v. Faraday Hosseinipour, 82 F.4th 921 (6th Cir. 2025) 1. Introduction United States v....

United States v. Faraday Hosseinipour – The Sixth Circuit Clarifies that “Pyramid Schemes” Are Not a Separate Federal Crime but Simply One Variety of Mail- or Securities-Fraud Conspiracy

Date: Jun 30, 2025

United States v. Faraday Hosseinipour – The Sixth Circuit Clarifies that “Pyramid Schemes” Are Not a Separate Federal Crime but Simply One Variety of Mail- or Securities-Fraud Conspiracy Introduction...

United States v. Maike: Sixth Circuit Clarifies that Pyramid Schemes Are Per Se Mail-Fraud “Schemes to Defraud” and That High-Tier MLM Packages Qualify as Securities

Date: Jun 30, 2025

United States v. Maike Sixth Circuit Clarifies that Pyramid Schemes Are Per Se Mail-Fraud “Schemes to Defraud” and That High-Tier MLM Packages Qualify as Securities 1. Introduction This consolidated...

United States v. Maike: Pyramid Schemes as Per-Se Mail Fraud & “Emperor” Packages as Securities

Date: Jun 30, 2025

United States v. Maike: Pyramid Schemes as Per-Se Mail Fraud & “Emperor” Packages as Securities 1. Introduction United States v. Richard Maike, Nos. 22-6114/6121/23-5029/5560/5561/5563 (6th Cir....

Anonymous Retention of Newborn Blood Spots Not a Constitutional Violation: Sixth Circuit Defines Limits of Parental Due Process and Fourth-Amendment Rights

Date: Jun 30, 2025

Anonymous Retention of Newborn Blood Spots Not a Constitutional Violation: Sixth Circuit Defines Limits of Parental Due Process and Fourth-Amendment Rights Introduction In Adam Kanuszewski v....

“Minimal-Explanation Suffices” – The Sixth Circuit’s Clarification on Consecutive Revocation Sentences in United States v. Daniel Lamor Major

Date: Jun 30, 2025

“Minimal-Explanation Suffices” – The Sixth Circuit’s Clarification on Consecutive Revocation Sentences in United States v. Daniel Lamor Major Introduction The Sixth Circuit’s unpublished opinion in...

District-Court Discretion and Minimal-Explanation Standard in Post-Amendment 821 Motions – A Commentary on United States v. Paul Turner (6th Cir. 2025)

Date: Jun 30, 2025

District-Court Discretion and the Minimal-Explanation Standard in Post-Amendment 821 Sentence-Reduction Motions A Commentary on United States v. Paul Turner, 24-4011 (6th Cir. 2025) 1. Introduction...

“Timely Medication as a Clearly-Established Right” – A Comment on Dennis Wiertella v. Lake County, Ohio

Date: Jun 30, 2025

“Timely Medication as a Clearly-Established Right” – Detailed Commentary on Dennis Wiertella v. Lake County, Ohio (6th Cir. 2025) 1. Introduction In Dennis Wiertella v. Lake County, Ohio, the United...

Porter v. Jackson Township: Sixth Circuit Clarifies the “Honest-Belief” Rule in FMLA Retaliation Litigation

Date: Jun 30, 2025

Porter v. Jackson Township: Sixth Circuit Clarifies the “Honest-Belief” Rule in FMLA Retaliation Litigation 1. Introduction Shawn Porter, a nine-year employee of the Jackson Township Highway...

Reaffirming the “Crime-of-Violence” Status of Kentucky Assault-EED: A Commentary on United States v. Joshua Delmare Habern (6th Cir. 2025)

Date: Jun 30, 2025

Reaffirming the “Crime-of-Violence” Status of Kentucky Assault under Extreme Emotional Disturbance: United States v. Joshua Delmare Habern Introduction In United States v. Joshua Delmare Habern, the...

“Model or Miss the Boat” – Sixth Circuit Requires Site-Specific Hydrologic Modeling and Full Rule 26 Compliance for Flood-Causation Experts

Date: Jun 30, 2025

“Model or Miss the Boat” – Sixth Circuit Requires Site-Specific Hydrologic Modeling and Full Rule 26 Compliance for Flood-Causation Experts Introduction In Eugene Baker v. Blackhawk Mining, LLC, No....

Martinez v. Wayne County (2025): Sixth Circuit Defines the Outer Boundary of Next-of-Kin Due-Process Rights over Naturally Decomposed Remains

Date: Jun 30, 2025

Martinez v. Wayne County (2025): Sixth Circuit Defines the Outer Boundary of Next-of-Kin Due-Process Rights over Naturally Decomposed Remains Introduction In Luis Antonio Martinez, Sr. v. Wayne...

Sixth Circuit Clarifies Two Key Points: (1) § 3742(a) Does Not Bar Appeals from Denials of Early-Termination Motions, and (2) District Courts Must Show Consideration of § 3553(a) Factors When They Deny Early Termination of Supervised Release

Date: Jun 30, 2025

United States v. Edwin Tavarez – A New Framework for Early Termination of Supervised Release in the Sixth Circuit Introduction In United States v. Edwin Tavarez, No. 23-3666 (6th Cir. 2025), the...

“Disclosure, Not Suppression” – Sixth Circuit Clarifies Party Speech Rules in Boone County Republican Party v. Wallace

Date: Jun 23, 2025

“Disclosure, Not Suppression” – Sixth Circuit Clarifies Party Speech Rules in Boone County Republican Party v. Wallace 1. Introduction The Sixth Circuit’s order in Boone County Republican Party...

The Sixth Circuit’s “Retention-as-Infringement” Doctrine: Post-Seizure Holding of Lawfully-Owned Firearms Implicates the Second Amendment and the Takings Clause (Commentary on Novak v. Federspiel, 25a0162p.06)

Date: Jun 23, 2025

The Sixth Circuit’s “Retention-as-Infringement” Doctrine: Post-Seizure Holding of Lawfully-Owned Firearms Implicates the Second Amendment and the Takings Clause Introduction In Gerald Novak; Adam...

Server Location Alone Does Not Create Specific Personal Jurisdiction – Commentary on Carbone v. Kaal (6th Cir. 2025)

Date: Jun 23, 2025

Server Location Alone Does Not Create Specific Personal Jurisdiction:  Robert Carbone v. Wulf Kaal, 25a0161p.06 (6th Cir. 2025) 1. Introduction In Robert Carbone v. Wulf Kaal, the U.S. Court of...

United States v. Bowman: Clerical Errors Do Not Pierce the Presumption of Validity—Re-calibrating the Threshold for Franks Hearings in the Sixth Circuit

Date: Jun 23, 2025

United States v. Bowman: Clerical Errors Do Not Pierce the Presumption of Validity—Re-calibrating the Threshold for Franks Hearings in the Sixth Circuit Introduction In United States v. Christopher...

Gardner v. Flagstar: Sixth Circuit Rejects “Failure-to-Read” Defense and Requires Jury Trial When Bank-Fee Contracts Are Ambiguous

Date: Jun 23, 2025

Gardner v. Flagstar: Sixth Circuit Rejects “Failure-to-Read” Defense and Requires Jury Trial When Bank-Fee Contracts Are Ambiguous 1. Introduction In Veronica Gardner v. Flagstar Bank, FSB, No....

“No Relation-Back” Deportation: Sixth Circuit Holds §1227(a)(2)(E)(i) Inapplicable to Crimes Committed while an Alien Was a Naturalized Citizen

Date: Jun 20, 2025

“No Relation-Back” Deportation: Sixth Circuit Holds §1227(a)(2)(E)(i) Inapplicable to Crimes Committed while an Alien Was a Naturalized Citizen 1. Introduction In Elfido Gonzalez Castillo v. Pamela...