Establishing Probable Cause through Package Profiling, Canine Alert, and Anticipatory Warrants in Postal Drug Investigations Introduction United States v. Mich'el Lulu Bey, decided April 25, 2025 by...
Mandatory Judicial Findings for Perjury‐Based Sentencing Enhancements Under U.S.S.G. §3C1.1 Introduction United States v. Jeremy Mooney, decided April 25, 2025 by the Sixth Circuit, presents a former...
Unified Possession Doctrine: Jury Unanimity for Single‐Act Felon‐in‐Possession Offenses 1. Introduction This commentary examines the Sixth Circuit’s April 25, 2025 decision in United States v. Marcus...
Strict Liability in Firearm Sentencing Enhancements: No Mens Rea Required for Large‐Capacity Magazine Under U.S.S.G. § 2K2.1(a)(3) Introduction United States v. Prince Irell Seuell is a Sixth Circuit...
Jurisdictional Limits on Review of BIA’s Lack-of-Prejudice Determinations in §1227(a)(1)(H) Waiver Reopenings Introduction This commentary examines the Sixth Circuit’s decision in Jin Yin Zhou v....
Severability of Unenforceable Cost-Shifting Provisions in Arbitration Agreements Introduction In Jamie Gavin et al. v. Lady Jane’s Haircuts for Men Holding Co., LLC et al., the Sixth Circuit...
Ex parte Young Exception Upholds Federal Jurisdiction Over State Easement Revocation Introduction This commentary examines the Sixth Circuit’s April 23, 2025 decision in Enbridge Energy, LP v....
Pro Rata Primacy and Irreconcilable Stacking Clauses in Underinsured-Motorist Coverage Introduction Citizens Insurance Company of the Midwest v. Samuel Gene McNeeley (6th Cir. Apr. 23, 2025)...
Harmless Error Doctrine for Supervised Release Conditions and Broad Evidentiary Discretion at Sentencing Introduction United States v. Brandon Bryant is a Sixth Circuit decision issued on April 23,...
Statutory Finality and Nonretroactivity: The Limits of the Sentencing Commission's Authority in Compassionate Release Introduction This consolidated appeal arises from three federal prisoners—Jason...
Reinforcing Rule 9(b) Particularity: Specific Claim Identification in Healthcare False Claims Act Suits Introduction U.S. ex rel. Erik Olsen v. Tenet Healthcare Corp. (6th Cir. Apr. 22, 2025) arises...
Limits on Compassionate-Release Policy: Invalidating U.S.S.G. §1B1.13(b)(6) – Nonretroactivity & Separation of Powers Introduction United States v. Bricker; United States v. Ellis McHenry; United...
Limits on Compassionate-Release Authority: Nonretroactive Law Changes Not “Extraordinary and Compelling” Introduction This consolidated Sixth Circuit decision—United States v. Bricker, McHenry, and...
Ward v. Wayne County: Fabrication of Evidence and Limits of Qualified Immunity Introduction In Ramon Ward v. Wayne County, Michigan, the Sixth Circuit confronted a § 1983 claim by a man whose murder...
Section 3582(a) Bars Imprisonment Lengths for Rehabilitation: United States v. Culberson Introduction United States v. Rashaud Roosevelt Culberson, decided by the Sixth Circuit on April 22, 2025,...
Permissive Treble Damages Under Michigan Consumer Statutes and Due Process Constraints Introduction This opinion commentary examines the Sixth Circuit’s decision in Tina McPherson v. Suburban Ann...
Discretionary Treble Damages and Fee Awards in Michigan Consumer Protection Cases Introduction In Tina McPherson v. Suburban Ann Arbor, LLC, 25-a0099 (6th Cir. Apr. 21, 2025), the Sixth Circuit...
Clarifying Michigan’s Unjust Enrichment Test: Direct vs. Indirect Benefits and the Inequity Requirement Introduction In Kelsey Trotta v. American Airlines, Inc., 25a0211n.06 (6th Cir. Apr. 18, 2025),...
Hung Jury ≠ “Acquittal” Under U.S.S.G. §1B1.3(c): Sixth Circuit Affirms Firearm Enhancement, Pinkerton Liability, and No-Duty Plea Inquiries in United States v. Drew Introduction This unpublished...
Insurer’s Duty to Defend Triggered by Permissive Joinder and Potentially Covered Consequential Damages Introduction The Sixth Circuit’s decision in Phoenix Ins. Co. v. Wehr Constructors, Inc.,...