Lay Recognition of Non-Obvious Medical Needs and Qualified Immunity: Sixth Circuit Defines Objective Prong in Pretrial Detainee Claims Introduction Kim Hodges v. Joseph Abram centers on the tragic...
Subjective Evaluation and Post-Hoc Pretext: Sixth Circuit’s Clarification of Evidence Sufficiency in Title VII Promotion Discrimination Claims Introduction In Gayann Miller v. Suburban Mobility...
Consent Does Not Defeat Aggravated Identity Theft: Sixth Circuit’s Broad Reading of “Without Lawful Authority” Under 18 U.S.C. § 1028A Introduction United States v. Kelli Prather, decided May 27,...
Affirmation of Divisibility of Pennsylvania Drug Statute and Modified Categorical Analysis in Removal Proceedings Introduction Leury Bacilio Roa v. Pamela Bondi (6th Cir. May 27, 2025) addresses...
Clarifying the Evidentiary Threshold for Race Discrimination under Title VII: Pretext, Subjective Promotion Processes, and Discretionary Sanctions Introduction This commentary addresses the Sixth...
But-For Causation Standard for §841(b)(1)(C) Overdose-Death Penalty Enhancements Introduction The Sixth Circuit’s decision in United States v. Willie Pratt (No. 23-3995, 2025) addresses two critical...
Limits on State Liability under Title II of the ADA: No Supervisory-Only Abrogation of Sovereign Immunity 1. Introduction Y.A. v. Hamtramck Public Schools, decided May 22, 2025 by the Sixth Circuit,...
Tracking Warrant Validity Post-Ownership Transfer and Middleman Liability in Chain Drug Conspiracies Introduction United States v. Simpson, Figures & Wynn (6th Cir. 2025) consolidates three...
Expanding ERISA Fiduciary Reach: Third-Party Administrators’ Control Over Plan Assets and Compensation Structures Introduction Tiara Yachts, Inc. v. Blue Cross Blue Shield of Michigan is a landmark...
Ensuring Jury Determination for ACCA “Occasions” Clause: Harmless-Error Review After Erlinger Introduction The Sixth Circuit’s decision in United States v. Jermaine Kimbrough (No. 23-5529), issued...
Probable-Cause Seizure of Contraband Vehicles and Chain Conspiracy Liability Clarified Introduction This consolidated Sixth Circuit decision, United States v. Christopher Simpson et al., No....
Wire Fraud and Material Misrepresentation in Allocation of Project Funds Introduction United States v. Arthur Fayne, decided by the Sixth Circuit on May 21, 2025, clarifies the contours of wire‐fraud...
Sixth Circuit Clarifies GPS-Based Vehicle Seizure and Intrinsic Evidence in Drug Conspiracy Prosecutions Introduction In United States v. Christopher Simpson, Marquise Figures, & Antuan Wynn (6th...
Misappropriation of Intermediary Project Funds as Wire Fraud: Sixth Circuit’s New Rule on Payment Schemes Introduction The Sixth Circuit’s decision in United States v. Arthur Fayne, 25a0259n.06 (6th...
Upholding Discretionary Downward Variances: Non-Transmission as Mitigating Factor in Child Exploitation Sentencing Introduction United States v. Patrick Howard Brady is a Sixth Circuit decision...
Affirming Fourth Amendment Compliance: Technical Warrant Omissions, Probable-Cause Nexus, and Plain-View Seizures Introduction In United States v. Malgum Whiteside, Jr., 6th Cir. No. 24-1173 (May 19,...
Affirmation of Felon Firearm Transfer Ban and Recognition of Firearm Acquisition as a Second Amendment Corollary Introduction United States v. Freddie Knipp, Jr. is a Sixth Circuit decision...
Enforceable Contract Formation by Conduct amid Conflicting Forms: Sixth Circuit’s UCC 2-207 Clarification Introduction In BorgWarner PDS Irapuato S. de R.L. de C.V. v. Parker Hannifin Corp., the...
Materiality and AEDPA Deference: Limits on Napue/Brady Claims and Post-Conviction DNA Testing in Widmer v. Okereke Introduction The Sixth Circuit’s May 19, 2025 decision in Ryan K. Widmer v. Jossette...
Aggravated Identity Theft Must Be “At the Crux”: United States v. King Introduction United States v. Eric King, decided by the Sixth Circuit on May 19, 2025, addressed the scope of the federal...