On December 7, 2010, the Sixth Circuit granted a rare en banc hearing in Chapman v. United Auto Workers Local 1005 (6th Cir., Case No. 10-3616) (PDF), an appeal involving the administrative relief exhaustion requirement in labor grievances. En banc hearing was granted under Rule 35(a)(1) of the Federal Rules of Appellate Procedure, which permits … Continue Reading
On December 17, 2010, in In re Settlement Facility Dow Corning Trust (6th Cir., Case Nos. 09-1827/1830, Dec. 17, 2010) (PDF), a Sixth Circuit panel split over divergent arguments on two provisions present in a bankruptcy reorganization plan involving Dow Corning: 1) whether “tissue expanders” should be considered “breast implants” within the meaning of the … Continue Reading
In a decision beautifully written by Judge Boggs, the Sixth Circuit has ruled that email users have the same expectations of privacy as telephone and postal mail users, thus the government needs to obtain a search warrant based on probable cause before it can secretly search or seize email messages—even if the email is stored at service … Continue Reading
In Zions First National Bank v. Moto Diesel Mexicana, S.A. de C.V., the Sixth Circuit vacated a district court’s dismissal of an action on the grounds of forum non conveniens and remanded the case for further proceedings. The court identified three failings in the district court’s analysis. First, the district court failed to consider the … Continue Reading
The Sixth Circuit elaborated this week in Michigan Surgery Investment, et al. v. Arman, et al., Case No. 10-1612 (Dec. 14, 2010) (PDF) on the factors determining whether a court abused its discretion when it dismissed a complaint with prejudice in response to plaintiffs’ request for dismissal without prejudice. The factors are well-settled: “First, the district court must … Continue Reading
As we reported on Monday, a Virginia federal judge made national headlines when he declared that the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148, is unconstitutional. See Commonwealth of Virginia, et al. v. Sebelius (E.D. Va., Case No. 3:10-cv-188) (PDF). On Tuesday, it was reported that the … Continue Reading
A federal district judge in Virginia ruled today that the new health care law’s mandate requiring individuals to purchase health insurance is unconstitutional, becoming the first court in the country to invalidate any part of the Patient Protection and Affordable Care Act, Public Law 111-148, signed into law by President Obama on March 23, 2010. See Virginia v. … Continue Reading
The Sixth Circuit held today that two non-profit corporations lack standing to challenge certain decisions of the United States Forest Service relating to its management of the Daniel Boone National Forest. In Heartwood, Inc. v. Agpaoa, the court held that the plaintiffs “fail[ed] to allege with adequate specificity the central [constitutional standing] element of injury in … Continue Reading
Judge Sutton voted to deny a petition for rehearing en banc in Mitts v Bagley (pdf) even though he disagreed with the panel’s decision that a jury instruction was unconstitutional. His concurrence, which was joined by Judge Kethledge, states both his disagreement on the merits and his reasons why the case should not be reheard … Continue Reading
The Sixth Circuit’s split decision in Harris v. J.B. Robinson Jewelers raises thought-provoking questions about application of the Rule 56 summary judgment standard. The pro se plaintiff claimed that the defendant replaced a 2.35-carat pink diamond in her wedding ring with a smaller, colorless stone when she left the ring for resizing. The district court granted the defendant’s motion … Continue Reading
Only when it is acting as such. That, at least, is the answer from the Sixth Circuit in DeLuca v Blue Cross Blue Shield of Michigan (pdf), which affirmed the grant of summary judgment of a putative ERISA class-action. The defendant Blue Cross Blue Shield of Michican (BCBSM), Michigan’s biggest insurer with 4.3 million members, … Continue Reading
In John B v Goetz (pdf), the Sixth Circuit refused to vacate a consent decree that required Tennessee to provide various medical screening, diagnostic and treatment services to over a half million children under the Medicaid statute. Tennessee argued that Gonzaga University v. Doe, 536 U.S. 273 (2002), compelled the conclusion that the statute does … Continue Reading
On December 1, 2010, President Obama nominated Judge Bernice Bouie Donald to replace retiring Judge Ronald Lee Gilman on the Sixth Circuit. Judge Donald currently sits as a district court judge on the U.S. District Court for the Western District of Tennessee, to which she was appointed in 1995 by President Clinton. In announcing the … Continue Reading
