6th Circuit Case Commentaries

“In Consequence of” Fraud Exclusion Requires Direct, Inseparable Damages; Ohio Bars Third‑Party Bad‑Faith Workarounds Against Insurers

Date: Aug 29, 2026

“In Consequence of” Fraud Exclusion Requires Direct, Inseparable Damages; Ohio Bars Third‑Party Bad‑Faith Workarounds Against Insurers Introduction Patricia Adams v. Med. Protective Co. is a...

“In Consequence of” Fraud Means Damages that Directly Stem from and Are Inseparable from Intentional Misrepresentation (and Third-Party Claimants Cannot Recast Bad Faith as Fraud) — Adams v. Medical Protective Co.

Date: Aug 29, 2026

“In Consequence of” Fraud Means Damages that Directly Stem from and Are Inseparable from Intentional Misrepresentation (and Third-Party Claimants Cannot Recast Bad Faith as Fraud) Case: Patricia...

COVID-Driven Delay in Cross-Examination Does Not Violate the Confrontation Clause; “Would Exist” RICO-Enterprise Instructions Do Not Amend the Indictment (Sixth Circuit)

Date: Aug 29, 2026

COVID-Driven Delay in Cross-Examination Does Not Violate the Confrontation Clause; “Would Exist” RICO-Enterprise Instructions Do Not Amend the Indictment Case: United States v. Michael Forrester,...

Opportunity, Not Immediacy: COVID-Related Cross-Examination Delays Do Not Violate the Confrontation Clause in Multi-Defendant RICO Trials

Date: Aug 29, 2026

Opportunity, Not Immediacy: COVID-Related Cross-Examination Delays Do Not Violate the Confrontation Clause in Multi-Defendant RICO Trials Commentary on United States v. James Wesley Frazier...

Confrontation Clause “Effective Opportunity” Survives a Multi‑Week Mid‑Testimony Recess: Sixth Circuit Affirms COVID‑Era Joint RICO Trial Management

Date: Aug 29, 2026

Confrontation Clause “Effective Opportunity” Survives a Multi‑Week Mid‑Testimony Recess: Sixth Circuit Affirms COVID‑Era Joint RICO Trial Management I. Introduction In United States v. Michael...

Sixth Circuit Validates “Enterprise Existed or Would Exist” RICO-Conspiracy Instruction and Upholds Delayed Cross-Examination Amid COVID Disruptions

Date: Aug 29, 2026

Sixth Circuit Validates “Enterprise Existed or Would Exist” RICO-Conspiracy Instruction and Upholds Delayed Cross-Examination Amid COVID Disruptions 1. Introduction In United States v. William...

Custody, Not Title: Michigan Unclaimed-Property Owners Retain Principal and the State-Generated Interest (Due Process Remand)

Date: Aug 28, 2026

Custody, Not Title: Michigan Unclaimed-Property Owners Retain Principal and the State-Generated Interest (Due Process Remand) 1. Introduction In Dennis O'Connor v. Rachael Eubanks, the Sixth Circuit...

Detention-Order Reconsideration Tolling: Sixth Circuit Holds Local Rule 7.1(h)(2) Applies to Appealably “Final” Yet Interlocutory Detention Orders

Date: Aug 26, 2026

Detention-Order Reconsideration Tolling: Sixth Circuit Holds Local Rule 7.1(h)(2) Applies to Appealably “Final” Yet Interlocutory Detention Orders I. Introduction In United States v. David Taylor...

Disability and Foster-Care Licensure: Individualized Assessment Required, but Applicants Must Offer a Concrete, Reliable Assistance Plan to Make Physical-Care Accommodations Reasonable

Date: Aug 26, 2026

Disability and Foster-Care Licensure: Individualized Assessment Required, but Applicants Must Offer a Concrete, Reliable Assistance Plan to Make Physical-Care Accommodations Reasonable Introduction...

Continuous Michigan Class-Action Tolling for § 1983 Takings Claims When a Putative Class Case Is Reopened (MCR 3.501(F))

Date: Aug 26, 2026

Continuous Michigan Class-Action Tolling for § 1983 Takings Claims When a Putative Class Case Is Reopened (MCR 3.501(F)) 1. Introduction Brent Perry v. St. Joseph Cnty., Mich. arises out of Michigan...

Sixth Circuit: Younger Abstention Does Not Apply to a State University’s Preliminary Investigation Absent a Formal, Ongoing Disciplinary Proceeding

Date: Aug 26, 2026

Sixth Circuit: Younger Abstention Does Not Apply to a State University’s Preliminary Investigation Absent a Formal, Ongoing Disciplinary Proceeding I. Introduction In Ramsi Woodcock v. Univ. of Ky.,...

Pepper Spray for Repeated Noncompliance Is Not “Malicious,” and Short-Term Suicide-Watch Deprivations Require Proof of a Substantial Risk of Serious Harm

Date: Aug 26, 2026

Pepper Spray for Repeated Noncompliance Is Not “Malicious,” and Short-Term Suicide-Watch Deprivations Require Proof of a Substantial Risk of Serious Harm Case: Jacob Julick v. Scott Jordan, No....

“Scared Straight” Courtroom Theater Is Not a Judicial Act: Sixth Circuit Limits Absolute Judicial Immunity for Off-the-Bench Detentions and Mock Proceedings

Date: Aug 26, 2026

“Scared Straight” Courtroom Theater Is Not a Judicial Act: Sixth Circuit Limits Absolute Judicial Immunity for Off-the-Bench Detentions and Mock Proceedings Introduction In Latoreya Till v. Kenneth...

Judicial Immunity Does Not Shield “Scare-Style” Detention and Mock Proceedings Outside Any Case or Court Sitting

Date: Aug 26, 2026

Judicial Immunity Does Not Shield “Scare-Style” Detention and Mock Proceedings Outside Any Case or Court Sitting Case: Latoreya Till v. Kenneth King (6th Cir. Aug. 21, 2026) Subject: Absolute...

OPERS v. FHLMC (6th Cir. 2026): Price-Maintenance Securities Fraud and Classwide Reliance Without Event-Day Price Spikes

Date: Aug 26, 2026

Price-Maintenance Securities Fraud: Misstatements May Sustain (Not Raise) Inflation, Supporting Market Efficiency, Reliance, and Loss Causation Case: OPERS v. FHLMC (Freddie Mac) — United States...

Closing a Flagpole Forum: A Closed-List Flag Resolution and Removal of Public Participation Converts a Municipal Flag Display into Government Speech

Date: Aug 26, 2026

Closing a Flagpole Forum: A Closed-List Flag Resolution and Removal of Public Participation Converts a Municipal Flag Display into Government Speech Case: Russ Gordon v. City of Hamtramck, Michigan...

Torres-Jimenez: A Motion to Reopen Must Itself Show Prima Facie Adjustment Eligibility—Bare References to Pending VAWA Filings and Unraised Visa-Availability Theories Are Insufficient

Date: Aug 21, 2026

Torres-Jimenez: A Motion to Reopen Must Itself Show Prima Facie Adjustment Eligibility—Bare References to Pending VAWA Filings and Unraised Visa-Availability Theories Are Insufficient Case: Heraclio...

ERISA Express Preemption Bars Providers’ Negligent-Misrepresentation and Promissory-Estoppel Claims Based on Oral Assurances About Plan Reimbursement Terms (Reaffirming Cromwell)

Date: Aug 21, 2026

ERISA Express Preemption Bars Providers’ Negligent-Misrepresentation and Promissory-Estoppel Claims Based on Oral Assurances About Plan Reimbursement Terms (Reaffirming Cromwell) I. Introduction...

Groin-Biting During Arrest Supports §3C1.2 Reckless-Endangerment Enhancement; Corroborated Police Reports Can Prove “Stolen” Under §2K2.1(b)(4)

Date: Aug 21, 2026

Groin-Biting During Arrest Supports §3C1.2 Reckless-Endangerment Enhancement; Corroborated Police Reports Can Prove “Stolen” Under §2K2.1(b)(4) Introduction In United States v. Frank Clay, Jr. (6th...

“During the Commission” as Relevant Conduct in a Continuing § 2422(b) Enticement Offense: Sexual Assaults Within the Charged Timeframe Drive Guidelines

Date: Aug 21, 2026

“During the Commission” as Relevant Conduct in a Continuing § 2422(b) Enticement Offense: Sexual Assaults Within the Charged Timeframe Drive Guidelines I. Introduction In United States v. Steven...