6th Circuit Case Commentaries

General Gang-Structure Expert Testimony Survives Rule 704(b) (Post-Diaz) and Curative Instructions Defeat “Fear” and Co-Defendant-Plea Prejudice in MS-13 RICO/VICAR Trials

Date: Apr 20, 2026

General Gang-Structure Expert Testimony Survives Rule 704(b) (Post-Diaz) and Curative Instructions Defeat “Fear” and Co-Defendant-Plea Prejudice in MS-13 RICO/VICAR Trials 1. Introduction In United...

Protective Sweep Scope, Gang-Trial Voir Dire Fear, and Limits on Gang Expert/Impeachment Evidence in RICO/VICAR Prosecutions (Sixth Cir.)

Date: Apr 20, 2026

Protective Sweep Scope, Gang-Trial Voir Dire Fear, and Limits on Gang Expert/Impeachment Evidence in RICO/VICAR Prosecutions (Sixth Cir.) 1. Introduction In United States v. Jorge Flores (24-5610);...

Pleading Fraud-Based Tortious Interference When a Manufacturer Induces Disclosure of Dealer Network Information; “Agreement” Under Michigan Farm Equipment Act Requires Mutual Assent Beyond Transitional Emails

Date: Apr 17, 2026

Pleading Fraud-Based Tortious Interference When a Manufacturer Induces Disclosure of Dealer Network Information; “Agreement” Under Michigan Farm Equipment Act Requires Mutual Assent Beyond...

Sixth Circuit: “Excusable Neglect” Under FRAP 4(a)(5) Requires an Extraordinary Reason—Lead Counsel’s Pregnancy Does Not Excuse a Missed Appeal Deadline Where Co-Counsel Also Received Notice

Date: Apr 17, 2026

Sixth Circuit: “Excusable Neglect” Under FRAP 4(a)(5) Requires an Extraordinary Reason—Lead Counsel’s Pregnancy Does Not Excuse a Missed Appeal Deadline Where Co-Counsel Also Received Notice I....

Rehabilitation Act Rule: No Failure-to-Accommodate Liability Absent an Accommodation Request—and No Accommodation Duty for “Regarded As” Disability

Date: Apr 17, 2026

Rehabilitation Act Rule: No Failure-to-Accommodate Liability Absent an Accommodation Request—and No Accommodation Duty for “Regarded As” Disability I. Introduction In Traniece Morgan v. Ohio Dep't of...

Qualified Immunity for “Compromise” Suicide-Prevention Decisions in Jail: No Clearly Established Deliberate Indifference Absent Factually Analogous Precedent

Date: Apr 17, 2026

Qualified Immunity for “Compromise” Suicide-Prevention Decisions in Jail: No Clearly Established Deliberate Indifference Absent Factually Analogous Precedent I. Introduction In David Lovell v. Cnty....

Technical Refusal to Bargain Does Not Confer § 9(d) Review of Decertification-Petition Dismissals That Preserve the Status Quo

Date: Apr 16, 2026

Technical Refusal to Bargain Does Not Confer § 9(d) Review of Decertification-Petition Dismissals That Preserve the Status Quo 1. Introduction Case: Rieth-Riley Constr. Co., Inc. v. NLRB (6th Cir....

Technical Refusal to Bargain Cannot Create Appellate Jurisdiction to Review a Nonfinal Decertification-Petition Dismissal

Date: Apr 16, 2026

Technical Refusal to Bargain Cannot Create Appellate Jurisdiction to Review a Nonfinal Decertification-Petition Dismissal Case: Rieth-Riley Constr. Co., Inc. v. NLRB (6th Cir. Apr. 13, 2026) Court:...

FCA Express False-Certification Liability Does Not Arise from Forward-Looking “Agrees to Comply” FTA Certifications

Date: Apr 16, 2026

FCA Express False-Certification Liability Does Not Arise from Forward-Looking “Agrees to Comply” FTA Certifications Introduction In UNITED STATES OF AMERICA, ex rel. GREGORY LYNN and PAULETTE...

Inevitable Discovery via Mandatory Tow-Triggered Inventory Search Despite Incomplete Inventory Paperwork (Sixth Circuit)

Date: Apr 16, 2026

Inevitable Discovery via Mandatory Tow-Triggered Inventory Search Despite Incomplete Inventory Paperwork Case: United States v. Arsenio Clayton (6th Cir. Apr. 10, 2026) (not recommended for...

Claim-by-Claim Fee Shifting and § 1927 Sanctions for Persisting in Frivolous Civil-Rights Theories

Date: Apr 10, 2026

Claim-by-Claim Fee Shifting and § 1927 Sanctions for Persisting in Frivolous Civil-Rights Theories Case: Anthony Wynn v. City of Covington, Kentucky, et al. (6th Cir. Apr. 8, 2026) (unpublished)...

Withdrawal from Multiemployer Bargaining Is Timely If Made Before Negotiations Begin, Regardless of Contract-Modification Deadlines

Date: Apr 10, 2026

Withdrawal from Multiemployer Bargaining Is Timely If Made Before Negotiations Begin, Regardless of Contract-Modification Deadlines Introduction Rieth-Riley Constr. Co. v. NLRB (6th Cir. Apr. 8,...

Qualified Immunity for Legislator Speech: No Clearly Established First Amendment “Adverse Action” Rule for a Councilmember’s Defamatory Remark During a Council Meeting

Date: Apr 10, 2026

Qualified Immunity for Legislator Speech: No Clearly Established First Amendment “Adverse Action” Rule for a Councilmember’s Defamatory Remark During a Council Meeting Case: Brian Menge v. Khursheed...

Withdrawal from Multiemployer Bargaining Is Timely if Notice Precedes the Start of Negotiations—Contract-Modification Deadlines Do Not Control Absent Commenced Bargaining

Date: Apr 10, 2026

Withdrawal from Multiemployer Bargaining Is Timely if Notice Precedes the Start of Negotiations—Contract-Modification Deadlines Do Not Control Absent Commenced Bargaining 1. Introduction Rieth-Riley...

Procedural Due Process Challenges to Michigan Lake-Level Amendments Require Concrete Harm and a State-Law Individual Entitlement

Date: Apr 9, 2026

Procedural Due Process Challenges to Michigan Lake-Level Amendments Require Concrete Harm and a State-Law Individual Entitlement Case: Gregory Semack v. Roscommon Cnty., Mich. (6th Cir. Apr. 7, 2026)...

Precision Required: Exhaustion and Forfeiture Bar New or Unbriefed “Particular Social Group” Theories on Petition for Review

Date: Apr 9, 2026

Precision Required: Exhaustion and Forfeiture Bar New or Unbriefed “Particular Social Group” Theories on Petition for Review I. Introduction In Juan Gamas-Vicente v. Todd Blanche (6th Cir. Apr. 7,...

ERISA Preempts State PBM “Any-Willing-Provider” and Anti-Steering Incentive Restrictions that Dictate Pharmacy Network Design and Cost-Sharing

Date: Apr 9, 2026

ERISA Preempts State PBM “Any-Willing-Provider” and Anti-Steering Incentive Restrictions that Dictate Pharmacy Network Design and Cost-Sharing Case: McKee Foods Corp. v. BFP Inc. (6th Cir. Apr. 7,...

Hybrid Pro Se Defense: A Defendant’s Acquiescence to Standby Counsel’s Sidebar Participation Defeats Faretta/“Critical Stage” Claims

Date: Apr 8, 2026

Hybrid Pro Se Defense: A Defendant’s Acquiescence to Standby Counsel’s Sidebar Participation Defeats Faretta/“Critical Stage” Claims I. Introduction In United States v. Joseph Michael McNoriell...

Grand-Jury Indictment Presumption Controls § 1983 Retaliatory- and Malicious-Prosecution Claims; Lozman’s Probable-Cause Exception Does Not Extend to Retaliatory Prosecution

Date: Apr 5, 2026

Grand-Jury Indictment Presumption Controls § 1983 Retaliatory- and Malicious-Prosecution Claims; Lozman’s Probable-Cause Exception Does Not Extend to Retaliatory Prosecution Introduction In John...

ERISA Fiduciary-Duty Claims Are Garmon-Barred When Liability Turns on an Unresolved NLRA Status-Quo Duty

Date: Apr 5, 2026

ERISA Fiduciary-Duty Claims Are Garmon-Barred When Liability Turns on an Unresolved NLRA Status-Quo Duty I. Introduction In Rieth-Riley Construction Co. v. Operating Engineers Local 324 (6th Cir....

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