6th Circuit Case Commentaries

Deliberate-Ignorance Instructions Remain Adequate to Satisfy Ruan’s Subjective-Knowledge Requirement in § 846 Opioid-Distribution Conspiracies

Date: Apr 4, 2025

Deliberate-Ignorance Instructions Remain Adequate to Satisfy Ruan’s Subjective-Knowledge Requirement in § 846 Opioid-Distribution Conspiracies Introduction In United States v. Mark Dyer (consolidated...

Clarifying the Tapia Line at Revocation: References to Rehabilitation Are Permissible When Not the Reason for Imprisonment

Date: Apr 4, 2025

Clarifying the Tapia Line at Revocation: References to Rehabilitation Are Permissible When Not the Reason for Imprisonment Introduction United States v. Duane Gibson (6th Cir. Apr. 3, 2025) addresses...

Record-Based Dangerousness Controls As-Applied Bruen Challenges; Issue Treated as Preserved Despite Counsel’s Refusal to File Motion

Date: Apr 4, 2025

Record-Based Dangerousness Controls As-Applied Bruen Challenges; Issue Treated as Preserved Despite Counsel’s Refusal to File Motion Introduction In United States v. Marquis Henson, No. 24-3494 (6th...

Deliberate-Ignorance Instructions Adequately Convey Ruan’s Subjective Mens Rea for § 846 Physician Conspiracies: United States v. Campbell (6th Cir. 2025)

Date: Apr 4, 2025

Deliberate-Ignorance Instructions Adequately Convey Ruan’s Subjective Mens Rea for § 846 Physician Conspiracies United States v. Jeffrey Campbell; United States v. Mark Dyer, Nos. 23-5298/5311 (6th...

Only Subscribers to Audiovisual Goods or Services Qualify as “Consumers” Under the VPPA: Sixth Circuit’s Narrowing Rule in Salazar v. Paramount

Date: Apr 4, 2025

Only Subscribers to Audiovisual Goods or Services Qualify as “Consumers” Under the VPPA: Sixth Circuit’s Narrowing Rule in Salazar v. Paramount Introduction In Michael Salazar v. Paramount Global,...

No Cover-Up Required: Knowing Acquiescence and Policy Abdication Can Sustain Supervisory Liability for Jail Suicide at the Pleading Stage

Date: Apr 4, 2025

No Cover-Up Required: Knowing Acquiescence and Policy Abdication Can Sustain Supervisory Liability for Jail Suicide at the Pleading Stage Introduction This published decision from the U.S. Court of...

No Deductions for Processing and Fractionation Under Ohio “Market Enhancement” Royalty Clauses

Date: Apr 3, 2025

No Deductions for Processing and Fractionation Under Ohio “Market Enhancement” Royalty Clauses Introduction In The Grissoms, LLC v. Antero Resources Corp. (6th Cir. Apr. 2, 2025), Chief Judge...

Invoked or Forfeited: Sixth Circuit Affirms Upward Variance and Permits Sentencing Reliance on Refusal to Disclose Firearms Absent a Fifth Amendment Invocation

Date: Apr 3, 2025

Invoked or Forfeited: Sixth Circuit Affirms Upward Variance and Permits Sentencing Reliance on Refusal to Disclose Firearms Absent a Fifth Amendment Invocation Introduction In this non-precedential...

No Categorical Match: Sixth Circuit En Banc Holds Ohio Robbery Is Not a “Crime of Violence” Under the Career‑Offender Guideline When the Predicate Theft Offense Is Unspecified

Date: Apr 3, 2025

No Categorical Match: Sixth Circuit En Banc Holds Ohio Robbery Is Not a “Crime of Violence” Under the Career‑Offender Guideline When the Predicate Theft Offense Is Unspecified Introduction In United...

Reasonable Plea Advice Requires No Clairvoyance: Sixth Circuit Limits Plea‑Stage Ineffective‑Assistance Claims Where Defendant Was Advised of Life Exposure and Later Enhancements Stemmed from Self‑Representation

Date: Apr 3, 2025

Reasonable Plea Advice Requires No Clairvoyance: Sixth Circuit Limits Plea‑Stage Ineffective‑Assistance Claims Where Defendant Was Advised of Life Exposure and Later Enhancements Stemmed from...

Sixth Circuit: Non‑baseless arrest warnings do not clearly vitiate consent; bodycam‑verified encounters may be resolved on qualified immunity at the pleadings stage

Date: Apr 3, 2025

Sixth Circuit: Non‑baseless arrest warnings do not clearly vitiate consent; bodycam‑verified encounters may be resolved on qualified immunity at the pleadings stage Case: Mike Pop v. Brookfield...

General Verdicts by Instruction and Text: Sixth Circuit Endorses Rule 49(b)(3) and Recognizes Budget and Market Forces as Valid “Other Than Sex” Factors in Equal Pay Cases

Date: Apr 3, 2025

General Verdicts by Instruction and Text: Sixth Circuit Endorses Rule 49(b)(3) and Recognizes Budget and Market Forces as Valid “Other Than Sex” Factors in Equal Pay Cases Introduction In Marina...

Sixth Circuit Places the Burden on Plaintiffs to Prove Venue on Rule 12(b)(3) Motions and Narrows What Counts as a “Substantial Part” Under 28 U.S.C. § 1391(b)(2)

Date: Apr 3, 2025

Sixth Circuit Places the Burden on Plaintiffs to Prove Venue on Rule 12(b)(3) Motions and Narrows What Counts as a “Substantial Part” Under 28 U.S.C. § 1391(b)(2) Introduction In Karl Tobien v....

Affirmation of Sentencing Enhancements for Multiple Firearms and Felony-Related Firearm Use under U.S.S.G. §2K2.1

Date: Apr 2, 2025

Affirmation of Sentencing Enhancements for Multiple Firearms and Felony-Related Firearm Use under U.S.S.G. §2K2.1 Introduction United States v. Terrence Terrial Izear Turner is a 2025 Sixth Circuit...

“Weekly Salary” Means a Week’s Work: Sixth Circuit Clarifies § 541.602’s Salary-Basis Test, Preserves § 541.604(b), and Upholds DOL Authority Post–Loper Bright

Date: Apr 2, 2025

“Weekly Salary” Means a Week’s Work: Sixth Circuit Clarifies § 541.602’s Salary-Basis Test, Preserves § 541.604(b), and Upholds DOL Authority Post–Loper Bright Introduction In Lynwood Pickens v....

Beyond “Regurgitation”: Sixth Circuit Clarifies Admissibility of Government-Informant Statements Under Rule 801(d)(2)(D) While Affirming Whitmer Kidnapping-Plot Convictions

Date: Apr 2, 2025

Beyond “Regurgitation”: Sixth Circuit Clarifies Admissibility of Government-Informant Statements Under Rule 801(d)(2)(D) While Affirming Whitmer Kidnapping-Plot Convictions Introduction In United...

No Token Weekly Guarantees: Sixth Circuit Holds “Weekly Basis” Requires Pay for a Full Week’s Work Under the FLSA Salary Test

Date: Apr 2, 2025

No Token Weekly Guarantees: Sixth Circuit Holds “Weekly Basis” Requires Pay for a Full Week’s Work Under the FLSA Salary Test Introduction In Lynwood Pickens v. Hamilton-Ryker IT Solutions, LLC, the...

Time-of-Offense Controls ACCA “Serious Drug Offense” Status: Sixth Circuit Applies Brown v. United States in United States v. Wilkes

Date: Apr 2, 2025

Time-of-Offense Controls ACCA “Serious Drug Offense” Status: Sixth Circuit Applies Brown v. United States in United States v. Wilkes Introduction In United States v. Idris Quintell Wilkes (No....

Clarifying Rule 801(d)(2)(D): Informant Statements Are Government Admissions When Made in Furtherance of Investigative Goals — United States v. Fox (6th Cir. 2025)

Date: Apr 2, 2025

Clarifying Rule 801(d)(2)(D): Informant Statements Are Government Admissions When Made in Furtherance of Investigative Goals — United States v. Fox (6th Cir. 2025) Introduction In United States v....

Indirect Derivation and No-Loss Requirement Under USSG §2B1.1(b)(17)(A): Sixth Circuit Clarifies “Gross Receipts from a Financial Institution” in United States v. Ross

Date: Apr 1, 2025

Indirect Derivation and No-Loss Requirement Under USSG §2B1.1(b)(17)(A): Sixth Circuit Clarifies “Gross Receipts from a Financial Institution” in United States v. Ross Court: U.S. Court of Appeals...