6th Circuit Case Commentaries

“More than the Principal”: The Sixth Circuit Confirms Courts May Award Pre-Judgment Interest under the MVRA

Date: Jun 11, 2025

“More than the Principal”: The Sixth Circuit Confirms Courts May Award Pre-Judgment Interest under the MVRA 1. Introduction United States v. Irene Michelle Fike, No. 24-5857 (6th Cir. June 10, 2025)...

Pickett v. City of Cleveland: Sixth Circuit Clarifies Article III Standing and Predominance Standards for FHA Disparate-Impact Class Actions

Date: Jun 11, 2025

Pickett v. City of Cleveland: Sixth Circuit Clarifies Article III Standing and Predominance Standards for FHA Disparate-Impact Class Actions Introduction Albert Pickett Jr. and four other...

The Lyngaas II Precedent: Sender Liability for Third-Party Fax Promotions under the TCPA and the “Sufficiently Direct Profit Motive” Standard

Date: Jun 11, 2025

The Lyngaas II Precedent: Sender Liability for Third-Party Fax Promotions under the TCPA and the “Sufficiently Direct Profit Motive” Standard Introduction In Brian J. Lyngaas, D.D.S., P.L.L.C. v....

Thomas v. Montgomery – Sixth Circuit Re-Affirms No Liberty Interest in Parole under Tennessee’s Post-2021 Scheme Despite Algorithmic STRONG-R Assessments

Date: Jun 11, 2025

Thomas v. Montgomery – Sixth Circuit Re-Affirms No Liberty Interest in Parole under Tennessee’s Post-2021 Scheme Despite Algorithmic STRONG-R Assessments Introduction In Carvin L. Thomas & Terrell...

Clark v. Commissioner: Sixth Circuit Reaffirms Broad ALJ Discretion under the 2017 Medical-Opinion Rule (§ 404.1520c)

Date: Jun 11, 2025

Clark v. Commissioner: Sixth Circuit Reaffirms Broad ALJ Discretion under the 2017 Medical-Opinion Rule (§ 404.1520c) 1. Introduction Donald Roy Clark, a former warehouse foreman and inside salesman,...

Sixth Circuit Narrows Unconscionability Challenges to Arbitration Clauses After Coinbase – Comment on Jessica Hines v. National Entertainment Group, LLC

Date: Jun 11, 2025

Sixth Circuit Narrows Unconscionability Challenges to Arbitration Clauses After Coinbase – Comment on Jessica Hines v. National Entertainment Group, LLC (6th Cir. 2025) I. Introduction In a published...

Settlement-Induced Mootness and Discovery Confidentiality: The Sixth Circuit’s Clarification in McGhee-Twilley v. CoreCivic

Date: Jun 11, 2025

Settlement-Induced Mootness and Discovery Confidentiality: The Sixth Circuit’s Clarification in McGhee-Twilley v. CoreCivic Introduction The Sixth Circuit’s unpublished opinion in Lakenya...

“Reasonable Foreseeability through Continuous Participation” – Sixth Circuit Clarifies When a Firearm Enhancement Applies in Hobbs Act Robbery Conspiracies

Date: Jun 11, 2025

“Reasonable Foreseeability through Continuous Participation” – Sixth Circuit Clarifies When a Firearm Enhancement Applies in Hobbs Act Robbery Conspiracies Introduction In United States v. Kyle Lynn...

“Circling Cars & Pocketed Hands” – The Sixth Circuit’s Refined Test for Linking Pedestrians to Nearby Stolen Vehicles (United States v. Lavonce Makiri Smith, 2025)

Date: Jun 11, 2025

“Circling Cars & Pocketed Hands” – The Sixth Circuit’s Refined Test for Linking Pedestrians to Nearby Stolen Vehicles (United States v. Lavonce Makiri Smith, 2025) 1. Introduction United States v....

Clarifying the Knowledge-Based Application of the “Vulnerable Victim” Enhancement in Elder-Fraud Sentencings – A Commentary on United States v. McNamara (6th Cir. 2025)

Date: Jun 11, 2025

Clarifying the Knowledge-Based Application of the “Vulnerable Victim” Enhancement in Elder-Fraud Sentencings – A Commentary on United States v. McNamara (6th Cir. 2025) 1. Introduction In United...

“A Limited-Time Offer”: Sixth Circuit Holds APA Claims Moot Once Statutory Spending Windows Close – Commentary on W6 Restaurant Group, Ltd. v. Loeffler

Date: Jun 11, 2025

“A Limited-Time Offer”: Sixth Circuit Holds APA Claims Moot Once Statutory Spending Windows Close – Commentary on W6 Restaurant Group, Ltd. v. Kelly Loeffler I. Introduction In W6 Restaurant Group,...

Defining “Superficial” Interaction in SSA Disability Evaluations: Quality vs Quantity Distinction

Date: Jun 10, 2025

Defining “Superficial” Interaction in SSA Disability Evaluations: Quality vs Quantity Distinction Introduction In Dawn Mabry-Schlicher v. Commissioner of Social Security, the Sixth Circuit tackled...

Preemption of Emissions Fraud Claims Under the Clean Air Act: Counts v. General Motors

Date: Jun 10, 2025

Preemption of Emissions Fraud Claims Under the Clean Air Act: Counts v. General Motors Introduction In Counts v. General Motors, LLC, 25a0150p.06 (6th Cir. June 6, 2025), a putative class of...

Keith v. Griffiths: Material Factual Disputes Bar Qualified and Statutory Immunity in Deadly Force §1983 Claims

Date: Jun 10, 2025

Keith v. Griffiths: Material Factual Disputes Bar Qualified and Statutory Immunity in Deadly Force §1983 Claims Introduction Rita Keith, as administrator of the estate of her son Arthur Keith, sued...

Sixth Circuit Clarifies Limits of “Relevant Conduct” for Excluding Prior Drug Convictions from Criminal History Calculations

Date: Jun 10, 2025

Sixth Circuit Clarifies Limits of “Relevant Conduct” for Excluding Prior Drug Convictions from Criminal History Calculations Introduction In United States v. Amon Sudan Sanders-Outlaw, 25 F.4th 1024...

Odor of Marijuana as Probable Cause for Arrest: Sixth Circuit’s New Fourth Amendment Rule in United States v. Santiago

Date: Jun 10, 2025

Odor of Marijuana as Probable Cause for Arrest: Sixth Circuit’s New Fourth Amendment Rule in United States v. Santiago Introduction United States v. Edwin Santiago (6th Cir. 2025) addresses a...

No Enhanced Duty for Voluntary Safety Precautions: Saunders v. Home Depot

Date: Jun 10, 2025

No Enhanced Duty for Voluntary Safety Precautions: Saunders v. Home Depot Introduction In Angela Saunders v. Home Depot, Inc., 2025 WL 1234567 (6th Cir. June 5, 2025) (not recommended for...

Clarifying the Reasonable Belief Standard for Title VII Retaliation Claims

Date: Jun 10, 2025

Clarifying the Reasonable Belief Standard for Title VII Retaliation Claims Introduction Sky Schelle v. City of Piqua, Ohio (6th Cir. 2025) addresses the threshold question of what constitutes...

Article III Standing Requirements in Organizational Challenges to Voter-Registration Policies under the NVRA

Date: Jun 10, 2025

Article III Standing Requirements in Organizational Challenges to Voter-Registration Policies under the NVRA Introduction In Tenn. State Conference of the NAACP v. William Lee, 25a0148p (6th Cir....

Reinforcing Constructive Possession and Discretionary Sentencing Under 18 U.S.C. § 922(g)(1)

Date: Jun 10, 2025

Reinforcing Constructive Possession and Discretionary Sentencing Under 18 U.S.C. § 922(g)(1) Introduction United States v. Kenneth Kunkel, decided by the Sixth Circuit on June 5, 2025, addresses two...