Bankruptcy Courts Must Explain Pioneer Excusable-Neglect Rulings and Give Heightened Rule 41(b) Notice Before Dismissing for Counsel’s Missed Pretrial Deadlines Case: In re: John S. Biedka; Raenette...
Rule 60(b)(6) Reopening of § 2255 Judgments Requires a Potentially Reviewable (Non–Time-Barred) Habeas Claim 1. Introduction In Roy West v. United States (Sixth Cir. Aug. 14, 2026), Roy Christopher...
Sixth Circuit Limits Standing for Forward-Looking Relief Based on Alleged “Imprimatur” Reputational Harm from Government Citation of Third-Party “Hate Map” 1. Introduction American Freedom Law...
Indefinite Development Holds as “De Facto Finality” for Ripeness in Takings and Due-Process Land-Use Claims I. Introduction In SW Nashville EB Owner, LLC v. Metro. Gov't of Nashville & Davidson Cnty....
Title III “Demand” Formalities and “Come Into Possession” Limits (for Now): Sixth Circuit Denies En Banc Rehearing in United States v. Benson I. Introduction Case: United States v. Jocelyn Benson, in...
Inevitable Discovery Through Inventory Search Despite Tow-Option Omission When Towing Is Unavoidable Introduction In United States v. Quantrese Brazzell (Sixth Circuit, Aug. 14, 2026), the court...
Sentencing After Drug-Quantity Verdicts: Higher Weights as “Overlapping Conduct” Under U.S.S.G. § 1B1.3(c) (and Not Necessarily “Acquitted Conduct”) I. Introduction In United States v. Tianna Barber...
Unclassified Title, For-Cause Protection: Clear Charter Rights Trigger Pretermination Due Process Absent a “Clear and Unmistakable” Waiver Case: Michael Washington v. City of Cincinnati Court: U.S....
Sixth Circuit: Tasing a Submissive, Non-Resisting Person Is Excessive Force; Right Clearly Established by July 2020 1. Introduction In Cornelius Phelps v. City of Saginaw, Michigan (6th Cir. Aug. 13,...
Mootness Risk Is Only a Factor in Rule 54(b) Certification; Monell Liability Requires Specific, Similar Patterns and Causation 1. Introduction Aaron Davis v. Tyler W.A. Duncan (6th Cir. Aug. 13,...
Sixth Circuit: No § 2255 Evidentiary Hearing Where the Record Forecloses Prejudice from Alleged Misadvice on a Physician’s Good-Faith Defense Under 21 U.S.C. § 841(a) I. Introduction In Afzal Beemath...
Bathroom Denial During a Search-Warrant Detention Can Be an “Obvious” Fourth Amendment Unreasonable Seizure Case: Derek Antol v. Robert English, et al. (6th Cir. Aug. 13, 2026) | Panel: Clay, Moore...
Changed-Country-Conditions Motions to Reopen Must Compare to Conditions at the Original Merits Hearing (Not Later Benchmarks) 1. Introduction Ala Rahim Yonan v. Todd Blanche (Sixth Circuit, Aug. 13,...
AEDPA Deference After Conclusory State-Court Merits Denials: Richter “Could-Have-Supported” Review and Plea Validity Based on Statutory Maximum Notice Case: Eric Thomas v. Kim Cargor (Sixth Circuit)...
Sixth Circuit Reaffirms De Novo Appellate Review of Pretrial-Detention Decisions and Limits Reliance on “Good-Faith” Internet-Restriction Conditions for Online Threat/Doxxing Defendants I....
No Fourth Amendment “Seizure” from Force Used in Voluntary Law-Enforcement Training Exercises Absent Intent to Restrain Introduction In Danielle Arthur v. Douglas Krause (Sixth Cir. Aug. 11, 2026),...
Forfeiture on Petition for Review and the Prejudice Requirement for Administrative-Closure Due Process Claims Case: Deylin Ortega Villalba v. Todd Blanche (6th Cir. Aug. 10, 2026) | Posture: Petition...
Negligent Loss of Dashcam Footage Does Not Create a Youngblood Due-Process Violation Without Bad Faith; Tennessee § 39-17-417 Cocaine Convictions Qualify as ACCA “Serious Drug Offense[s]” I....
Title IX Requires Physical Presence “in the United States” and Ex parte Young Does Not Permit “Instatement” Relief That Creates a New State-Funded Position I. Introduction In Mark Charlton-Perkins v....
Sixth Circuit Tightens § 1988 Fee-Shifting: Categorical Exclusion of Failed Class-Certification Time and Imposition of Blended Rates Where Billing Records Are Unreliable I. Introduction In Marion...