The federal courts of appeals and other courts have been split on whether the presumption favoring arbitrability applies to questions about who may enforce (or is bound by) an agreement to arbitrate. Some courts treat all such questions as contract formation issues to which the presumption does not apply. Others treat such questions as matters… Continue Reading
Monthly Archives: August 2010
Sixth Circuit Further Defines Scope of Judicial Recusal Under Federal Law
Posted in News and Analysis, Recent CasesThe Sixth Circuit has further defined the scope of judicial recusal under federal law by weighing in on a judge’s close personal relationship with an attorney involved in a case. In United States v. Prince (6th Cir., Case No. 08-6547, Aug. 26, 2010) (PDF), the Sixth Circuit rejected a defendant’s claim that his due process… Continue Reading
Sixth Circuit Finds No Due Process Violation in Undisclosed Disposal of Brain by Ohio Coroner
Posted in News and AnalysisIn a ruling on a lawsuit that potentially threatened Ohio counties with an estimated $90 million in liability, the Sixth Circuit has determined that “[a]lthough there is no dispute as to the facts as the [Plaintiff-Appellants] present them, they had no property interest in their son’s brain, thus, they cannot support the first element of… Continue Reading
Recent Decision on Kentucky Judicial Elections Continues to Shake Ohio Politics
Posted in News and AnalysisAs this blog has reported, in July 2010, the Sixth Circuit struck as unconstitutional two Kentucky regulations governing judicial elections. In Carey v. Wolnitzek (6th Cir., Case Nos. 08-6468 & 08-6538, July 13, 2010) (PDF) the Court struck a regulation prohibiting judicial candidates from identifying their political party affiliation and also a different regulation prohibiting… Continue Reading
FDA Approval Does Not Preempt State Law Negligence Claims — Wimbush v. Wyeth
Posted in Recent CasesThe Sixth Circuit has become the first circuit to weigh in on the scope of the Supreme Court’s recent decision on federal preemption in Wyeth v. Levine, 129 S. Ct. 1187 (2009). Here’s the background: Mary Buchanan began taking Wyeth’s prescription diet drug Redux in 1996. She was diagnosed with primary pulmonary hypertension (“PPH”) in 2001… Continue Reading
Sixth Circuit Reverses Judgment Compelling Arbitration of Arbitrability
Posted in Recent CasesIn a 2-1 decision handed down on August 12, the Sixth Circuit reversed a district court’s ruling that an arbitrator should decide whether 93 labor grievances against AK Steel Corporation must be resolved through arbitration. What made this a difficult case was that there were two contracts involved: (1) a “2007 Agreement” that included a grievance and arbitration procedure… Continue Reading
Ohio Changes Judicial Election Rules as Fallout Begins from Recent Ruling on Judicial Party Affiliation and Fundraising
Posted in News and AnalysisAs reported previously in this blog, the U.S. Court of Appeals for the Sixth Circuit recently struck as unconstitutional two Kentucky regulations governing judicial elections. In Carey v. Wolnitzek (6th Cir., Case Nos. 08-6468 & 08-6538, July 13, 2010) (PDF) the Court struck a regulation prohibiting judicial candidates from identifying their political party affiliation and… Continue Reading
Decrying Gamesmanship, the Sixth Circuit Affirms Application of Judicial Estoppel to Bankruptcy Petitioner
Posted in News and AnalysisIn a ruling that puts bankruptcy petitioners on notice of the perils of “gamesmanship,” the U.S. Court of Appeals for the Sixth Circuit has ruled that, where a petitioner asserts a position before a bankruptcy court contrary to that later asserted before a district court and where she had a motive to act in bad… Continue Reading
An Accidental End To Piecemeal Disbarment In The Federal Courts?
Posted in News and AnalysisCarole Squire, a former judge on the Franklin County, Ohio Domestic Relations and Juvenile Court, has been the subject of many news stories regarding accusations of judicial misconduct and an appeal of election results. She received a two-year disbarment from the Ohio Supreme Court, and the Sixth Circuit just affirmed a similar suspension. Federal court… Continue Reading
Tough Standard Imposed for Criminal Money Laundering Charges
Posted in Recent CasesOn July 28, 2010, the Sixth Circuit imposed a tougher standard for prosecutors who want to pursue convictions for money laundering in white collar crime cases under 18 U.S.C. 1956(a)(1)(B)(1) (pdf). In United States v. Faulkenberry, Case Nos. 08-4233/4404 (6th Cir. 2010) (pdf), the Court vacated money-laundering and conspiracy to commit money-laundering convictions against former executives of National… Continue Reading