Clarifying ALJ’s Articulation Requirements Under SSR 17-2p for Medical Equivalence Findings Introduction Melisha A. Salisbury v. Commissioner of Social Security, No. 24-3898 (6th Cir. Apr. 11, 2025)...
Waiver of AEDPA’s Statute-of-Limitations Defense in §2255 Proceedings Introduction Allen R. Walker pleaded guilty in the Middle District of Tennessee to a federal drug-distribution conspiracy and...
Insurer-Directed Claim Requirement to Trigger E&O Coverage Introduction Columbia Casualty Co. v. State Auto Mutual Ins. Co., decided April 10, 2025 by the Sixth Circuit, addresses a core question in...
Clarifying “Allowed Claims” and “Otherwise Finally Resolved” in Bankruptcy Plan Funding Agreements Introduction This commentary examines the Sixth Circuit’s April 10, 2025 decision in In re:...
Enforceability of Broad Arbitration Agreements in Employment Contracts: Memory-Lapse Disclaimers Insufficient Under the FAA and Michigan Law 1. Introduction The Sixth Circuit’s decision in Corey...
Clarifying the Nexus Requirement for §924(c): Application of Mackey Factors in United States v. Mark Ellis Introduction United States v. Mark Ellis, decided on April 10, 2025 by the Sixth Circuit,...
When Rehabilitation Alone Is Not “Extraordinary and Compelling”: Sixth Circuit’s Clarification of Compassionate Release and § 3582 Sentence Reductions Introduction United States v. Dameus Parks, Jr.,...
State Editorial Control Over Ballot‐Initiative Summaries Violates First Amendment Introduction Case: Cynthia Brown et al. v. David Yost, Ohio Attorney General Court: United States Court of Appeals...
Prima Facie Eligibility Based on Changed Country Conditions and the Non-Reviewable Nature of Sua Sponte Reopening: Mendoza-Jovel Precedent Introduction In Jose Juan Mendoza-Jovel v. Pamela Bondi, No....
Supervisory Authority and Employer Notice in Michigan Workplace Harassment Claims Introduction Deanna Johnson v. Ford Motor Company (6th Cir. 2025) represents a significant appellate decision...
“Directly Resulting” Means Non‑Derivative: Sixth Circuit Narrows Economic-Damages Exposure Under Tennessee’s Insurance Fraud Act Introduction This published Sixth Circuit decision addresses the scope...
Reasonableness Standard for Performance-Based Terminations under the ADA and ADEA Introduction Charles Carroll v. IDEMIA Identity & Security USA, No. 23-6075 (6th Cir. Apr. 7, 2025), is a published...
Using Attorney Disciplinary Proceedings as Rule 404(b) Intent Evidence and Limiting Rule 33 “New Trial” Re-litigation: United States v. Carl L. Collins, III (6th Cir. 2025) Court: U.S. Court of...
Malicious Force Against a Handcuffed, Compliant Inmate Violates Clearly Established Eighth Amendment Law; Deliberate Indifference Requires Proof of Subjective Knowledge — Erickson v. Gogebic County...
Commingled IOLTA Funds Are Income for Cash-Basis Lawyers; Bar Discipline Admissible Under Rule 404(b) to Prove Willfulness Court: U.S. Court of Appeals for the Sixth Circuit Case: United States v....
Preservation of Ex Parte Jury-Note Claims: Sixth Circuit Requires After-the-Fact Objection and Applies Plain-Error Review Introduction In United States v. Dwayne Robinson, Jr., No. 23-5486 (6th Cir....
Sufficiency Without Perfect Procedure: Sixth Circuit Reaffirms Controlled-Buy Convictions on Circumstantial Evidence; Routine Drug-Testing Meets Daubert Introduction In United States v. Darryl...
No State-Law End-Run Around the CBA: Sixth Circuit Reaffirms § 301 Complete Preemption for Fraud and Fiduciary-Duty Claims Predicated on CBA Transfer and Grievance Rights Introduction In Thomas...
Adaptive, Condition‑Based §401 Certifications and the “Appreciable Permanent Loss” Threshold under Tennessee ARAP Rules Commentary on Sierra Club v. Tennessee Department of Environment and...
Corps May Treat State §401 Certifications as Conclusive and Use Post‑Issuance LEDPA Conditions in §404 Pipeline Permitting Introduction In Appalachian Voices v. United States Army Corps of Engineers...