Dangerousness as the Controlling Test for As-Applied Bruen Challenges to 18 U.S.C. § 922(g)(1) on Plain-Error Review Case: United States v. Mykael Lee Booker (6th Cir. July 22, 2026) (unpublished)...
Sixth Circuit Limits Suppression for “Step-One” Overbreadth in Two-Step Digital Warrants Absent Identifiable Prejudicial Seizure; Requires Sentencing Courts to Address Acquitted-Conduct Guideline...
Newson v. NYX, LLC: Ongoing Pre-Complaint Conduct Defeats Retaliation Causation Absent Escalation, and New Theories Cannot Be Raised at Summary Judgment 1. Introduction In Darin Newson v. NYX, LLC...
Reimposed Special Conditions at Revocation Must Be Justified “In Open Court”: United States v. Troutman (6th Cir. 2026) I. Introduction In United States v. David Troutman, the Sixth Circuit reviewed...
Foreseeability—Not “Special Relationship”—Controls Suicide Proximate Cause Under Tennessee Law, and Spoliation Suspicion Alone Cannot Defeat Summary Judgment I. Introduction In Tiffany Barringer v....
Indictment Notice via Incorporation-by-Reference and Post-Ciminelli Wire-Fraud Sufficiency for Stock-Manipulation Schemes Case: United States v. Paul Spivak (6th Cir. July 22, 2026) (not recommended...
Repeated Nonappearance at Court-Mandated Conferences Supports Rule 41(b) Dismissal with Prejudice; Email/Notice Mismanagement Is Not “Excusable Neglect” Under Rule 6(b) 1. Introduction In Estate of...
Procedural Sentencing Error After the Acquitted-Conduct Guideline Amendment: Courts Must Address a Defendant’s Nonfrivolous Objection to a § 2D1.1(b)(1) Firearm Enhancement I. Introduction United...
Unpublished Sixth Circuit: Stroke Misdiagnosis, “More Than Negligence,” and Reasonable Deference to Jail Medical Staff Defeat Fourteenth Amendment Deliberate-Indifference Claims 1. Introduction In...
Harmless Drug-Quantity Disputes and Sufficient Explanation for Rejecting Methamphetamine “Ice” Policy Variances in Within-Guidelines Sentencing I. Introduction In United States v. Jason Demyers (6th...
Force-to-Handcuff After a Prolonged Chase: “Active Resistance” and Full-Context Reasonableness Defeat Excessive-Force Claims (and Experts Cannot Opine on Constitutionality) Case: Jared Kennedy v....
Article III Standing Bars Mandamus/APA Suits Seeking to Compel HHS Enforcement of the ACA Provider Nondiscrimination Provision Absent Non-Speculative Causation and Redressability Introduction In Am....
Objective, Committee-Based Justification Suffices for ADA Fitness-for-Duty Exams in Patient-Safety Roles I. Introduction In Joseph Christophe Isaac Robitaille v. Trinity Health Grand Rapids, the...
Federal Guidance–Driven Compliance Moots Free-Exercise Challenge to SSN-Based CLP Denial; Reasonable Regulatory Enforcement Supports Qualified Immunity 1. Introduction Case: Lindsay Dyda v. Michigan...
Rule 24(a) Intervention in Restitution-Lien Foreclosure: Post–Summary-Judgment Motions Are Presumptively Untimely Absent a Developed Timeliness Showing I. Introduction In United States v. David...
Title VII Retaliation Limits: Gratuitous Display of Co-Workers’ Nude Images at Work Is Not Protected Opposition Activity Case: Gertrude Crisp v. Scioto Ambulance Dist. (6th Cir. July 17, 2026)...
Protective-Custody Failure-to-Protect: Leaving a Segregated Prisoner’s Door Unsecured Can Support Eighth Amendment Deliberate Indifference Without Identifying a Specific Assailant 1. Introduction...
VICAR “Purpose” Proof Without Tangible Benefit and Deferential Review of Attempted-Murder Cross-Reference in Prison Stabbing I. Introduction In United States v. Anthony Zigler (6th Cir. July 17,...
Good-Faith Exception Permits “Cross-Affidavit” Probable-Cause Reliance When Multiple Warrants Are Presented and Reviewed Together Case: United States v. Christopher Demarcus Blue (6th Cir. July 17,...
Totality-of-the-Circumstances Nexus to a Residence Without a Controlled Buy Case: United States v. Anthony Ward (6th Cir. July 17, 2026) (unpublished) Topic: Fourth Amendment probable cause; nexus...