Specificity Required to Dispute PSR Facts: Sixth Circuit Upholds Limited Reliance on Police Reports and Above-Guidelines Variances 1. Introduction In United States v. Juan Cabrera-Claros (6th Cir....
ADA Pleading Rule: Failure-to-Accommodate Requires Specific Accommodation Facts; “Throwaway” Leave-to-Amend Requests May Be Denied Case: Daniel Lonergan v. Gallagher Sharp, LLP Court: United States...
United States v. Stevenson: “Punitive” Language at Revocation Does Not Establish Plain Error Absent Clear Reliance on § 3553(a)(2)(A) 1. Introduction United States v. Keshonn David Stevenson is a...
Plain-Error Limits on Retribution in Supervised-Release Revocations After Esteras 1. Introduction In United States v. Keshonn David Stevenson (6th Cir. May 28, 2026), the Sixth Circuit addressed a...
Charging-Lien Attorney Bears Burden to Prove Oral Fee Terms and Hours; Courts May Resolve Credibility Conflicts Using Course-of-Dealing Evidence and Electronic Activity Audits 1. Introduction In...
Ohio Identity Fraud Is a CIMT Barring Non-LPR Cancellation; Late Collateral Attacks Do Not Establish “Good Cause” for a Continuance Case: Alicia Hernandez-Mendez v. Todd Blanche (6th Cir. May 28,...
Early Termination of Supervised Release: “Exceptional” Conduct Not Required, but “Ordinary Compliance” May Be Outweighed by § 3553(a) Factors Case: United States v. Steven Flowers (6th Cir. May 28,...
Sixth Circuit: Diversity Jurisdiction Over Lloyd’s Syndicates Requires Citizenship of Each Underwriting Name (Not the Managing Agent) I. Introduction In Julie Schulz Halbower v. Hiscox Syndicate 33...
Qualified Immunity for Escalating Force During an Interrupted Frisk When the Suspect Flees and Actively Resists 1. Introduction In Fahirri Dannah v. City of Grand Rapids, Michigan, et al., the Sixth...
Ohio Voluntary-Payment Doctrine in Standard-Form Contracts: Certification on “Relevant Facts” and Conflicting Price Terms 1. Introduction Klopfenstein, et al. v. Fifth Third Bank arises from Fifth...
Certification on Ohio’s Voluntary-Payment Defense: “Relevant Facts” and Conflicting Price Terms in Adhesion Contracts Case: William Klopfenstein v. Fifth Third Bank (Nos. 24-3955/3974) Court: U.S....
De Novo Remand Permits First-Time MVRA Restitution Despite Prior Government Disavowal, but Restitution Amount Must Follow MVRA/Rule 32 Disclosure Procedures Introduction In United States v. Radu...
Michigan GPTA Tax-Foreclosure Title Vesting Can Be Avoided as a § 547 Preference When the County’s 5% Sales Commission Makes It “More Than” a Chapter 7 Recovery 1. Introduction In Carrie Reinhardt v....
Copyright Ownership Claims Accrue Only Upon Contextual “Plain and Express Repudiation,” Not Mere Royalty Nonpayment Where Parties Acted Under a Purported Contract Case: Estate of George Worrell, Jr....
Accutane Gatekeeping Applies to Differential Diagnosis in All Civil Cases: Trial Courts Must Rigorously Vet Both “Rule In” and “Rule Out” Causation Steps 1. Introduction In Alison Beavan v. Allergan...
Lost-Note Foreclosures: Summary Judgment Requires Competent, Nonconclusory Secondary Evidence of Debt Ownership Case: Wilmington Savings Fund Society, FSB v. Schulz (SC 21065) Court: Supreme Court of...
Retroactive Enforcement of Iowa Code § 147.140: A Certificate of Merit Must Be Signed Under Oath or Penalty of Perjury and Noncompliance Requires Dismissal With Prejudice 1. Introduction In Michelle...
Implicit Rejection Preserves Error in Workers’ Compensation Appeals; Employers Not Bound by Their Treating Physician’s Causation Opinion Case: Jerry Hayes v. Christian Retirement Homes, Inc., d/b/a...
Wyldes v. State: Postconviction “New Science” Challenges to Firearm Toolmark and Shoeprint Evidence Require Proof of a Probably Different Verdict 1. Introduction In Donald Lee Wyldes, Jr. v. State of...
No Improper Delegation of Juvenile Visitation Decisions Absent an Express Order; Denial of Abuse Supports Best-Interests Termination I. Introduction In re Interest of Bosileo D. et al., 321 Neb. 490...