Contract Formation by Conduct in the Battle of the Forms BorgWarner PDS Irapuato S. de R.L. de C.V. v. Parker Hannifin Corp. Introduction This case arises from a supply-contract dispute between...
Permissible Rehabilitation References in Supervised‐Release Revocation Sentencing Introduction This commentary examines the Sixth Circuit’s May 16, 2025 decision in United States v. Dominique Jamar...
Clarifying Discretion and Bad Faith Requirements for Trade Secrets Fee Awards under DTSA and OUTSA Introduction This commentary examines the Sixth Circuit’s decision in Shepard & Assocs., Inc. v....
Refining State Action: Public School Employees Need Specific Delegated Authority to Conduct Searches 1. Introduction In Holly Lawson v. Kayla Creely (6th Cir. 2025), the Sixth Circuit addressed...
Shepard Document Reliance for Categorical Determination of “Crime of Violence” in Sentencing Enhancements Introduction United States v. Deondrae Key, decided by the Sixth Circuit on May 16, 2025,...
Abuse-of-Discretion, Not “Arbitrary and Capricious”: Sixth Circuit Clarifies ERISA Review and Confirms New Physician File Reviews Can Justify LTD Denials After STD Approvals Introduction In Brandi...
Point‑Blank Spede‑Heat Is Deadly Force: Sixth Circuit Narrows Qualified Immunity for Riot‑Control Munitions and Demands Specific Proof for Monell Ratification Introduction This published decision...
Odor of Marijuana From a Home, Attested by a Trained Officer, Is Sufficient to Trigger the Leon Good‑Faith Exception for a Residential Search Warrant Case: United States v. Adam Noble, Jr. (6th Cir....
Empirical Intended-Loss and Distinct-Harms Enhancements in International Crypto Laundering; MVRA Restitution Sustained Despite Late Filing — United States v. Mitan (6th Cir. 2025) Court: U.S. Court...
Empirical Intended-Loss Estimation, Distinct-Harm Enhancements, and MVRA Restitution Notice: Sixth Circuit Affirms in United States v. Mitan Introduction In United States v. Adrian Mitan (6th Cir....
Undue Hardship in Pediatric Healthcare: Sixth Circuit affirms that exempting an unvaccinated employee from COVID-19 testing constitutes an undue hardship under Groff Introduction In Wise v....
Clarifying Intended-Loss Calculations and Distinct Enhancements for Overseas Crypto Laundering; MVRA Restitution Without Express Request — United States v. Mitan Introduction In United States v....
Shared-Device CSAM Cases: Password-Protected Account, GUID, and P2P Auto‑Downloads Sustain Conviction on “Manifest Miscarriage” Review — United States v. Frater (6th Cir. 2025) Introduction In United...
RFRA’s “Appropriate Relief” Does Not Waive Federal Sovereign Immunity for Retrospective Monetary Relief: Sixth Circuit Treats Missed Reserve Drill Pay and Retirement Points as Legal Damages...
No §107 Declaratory Relief After a Prior Liability Judgment: Sixth Circuit Cabins §113(g)(2) to “Initial” §107 Actions and Reaffirms §107/§113(f) Mutual Exclusivity Georgia-Pacific Consumer Prods. LP...
No § 107 Declaratory Judgment After a Prior Liability Judgment: Sixth Circuit Limits CERCLA § 113(g)(2) to Initial Cost-Recovery Actions Introduction In Georgia-Pacific Consumer Products LP v. NCR...
Sixth Circuit Reaffirms Strict Rule 29 Preservation and Upholds Within-Guidelines Life Sentence in Fatal Fentanyl Trafficking Case: United States v. Terrance Lamont Hines, No. 24-5443 (6th Cir. May...
No Zipes Shield for States: Sixth Circuit Holds § 2403(b) State Intervenors May Be Liable for § 1988 Fees; Across-the-Board Lodestar Cuts Require Specific Reasons Introduction In Donald Freed v....
No Zipes Shield for State Intervenors: Sixth Circuit Holds § 2403(b) Subjects States to § 1988 Fee Liability as Parties Introduction This published Sixth Circuit opinion resolves a recurring but...
State Intervenors Who Defend a Statute’s Constitutionality Are Fully Liable for § 1988 Attorney’s Fees Under § 2403(b)—No Zipes “Frivolousness” Shield; Lodestar Reductions Require Specific,...