Tomorrow, April 29, is Arbor Day, a holiday on which we are encouraged to plant and care for trees. That makes the Sixth Circuit’s recent decision involving an old tree in suburban Columbus, Ohio all the more timely. What follows is the tale of this special tree, along with the Sixth Circuit’s decision which has… Continue Reading
Monthly Archives: April 2011
Supreme Court Declines to Step in at This Time; Allows Sixth Circuit to Hear Challenge to Health Care Statute
Posted in Supreme CourtThe U.S. Supreme Court today rejected an effort by Virginia’s attorney general to bypass the Court of Appeals and have the Supreme Court immediately address the challenge to the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. Virginia had filed a petition on… Continue Reading
En Banc Review Sought in Abercrombie & Fitch Case Involving Special Litigation Committees
Posted in En Banc WatchEarlier this month, this Blog reported the Sixth Circuit’s decision in Booth Family Trust v. Jeffries (6th Cir. 09-3443) [PDF], which involved a shareholder derivative action against certain officers and directors of Abercrombie & Fitch Co. In Booth Family Trust, a divided panel ruled that the decision by a member of a special litigation committee… Continue Reading
Understanding The Sixth Circuit: The Role Of Visiting Judges
Posted in News and AnalysisThis is the second in a series of posts touching on overlooked or misunderstood parts of the Sixth Circuit. We already briefly looked at senior judges, and now we turn to the role of visiting judges. Any Article III federal judge can be assigned to temporarily sit on another federal court under 28 U.S.C. §… Continue Reading
Court Rejects 1st Amendment Challenge to Zoning Ordinance Aimed at Sexually Oriented Businesses
Posted in Recent CasesIn a split opinion, the Sixth Circuit recently affirmed the constitutionality of Warren, Michigan’s restrictions on the geographic location of sexually oriented businesses. The plaintiff in Big Dipper Entertainment, LLC v. City of Warren, No. 09-2339 (6th Cir. Apr. 13, 2011), applied for a license to open a topless bar in the downtown area of… Continue Reading
Judge Bouie Donald’s Confirmation for Sixth Circuit Judge Held Over
Posted in Judicial Appointments and VacanciesOn Thursday, the Senate Judiciary Committee held an executive business meeting to consider pending nominations and legislation. The confirmation of Bernice Bouie Donald for United States Circuit Judge for the Sixth Circuit was held over. Bouie Donald has been nominated to fill the seat left vacant by Judge Ronald Lee Gilman, who recently took senior status. Judge… Continue Reading
Supreme Court takes up another Sixth Circuit case to resolve question of whether termination of parochial school teachers falls within exception to ADA
Posted in Supreme CourtIn what could be the end of the Sixth Circuit’s 0-15 “losing streak” before the United States Supreme Court (reported previously here), the Supreme Court recently granted certiorari in the case of EEOC, et al, v. Hosanna-Tabor Evangelical Lutheran Church and School.pdf to review the Sixth Circuit’s determination that the termination of a parochial school teacher was subject… Continue Reading
Real Estate Association Website Policies Found Anticompetitive Under FTC Act
Posted in Recent Cases, Supreme CourtIn an opinion examining website policies restricting access to certain types of real-estate brokerage information, the Sixth Circuit ruled that such policies were anticompetitive under Section 5 of the FTC Act. In Realcomp II, Ltd. v. FTC (6th Cir. 09-4596) [PDF], a unanimous panel affirmed a ruling of the Federal Trade Commission (“FTC”) and found… Continue Reading
Recusal Held to Compromise Independence of Special Litigation Committee
Posted in Recent CasesIn a ruling interpreting Delaware law on shareholder derivative suits, the Sixth Circuit held that a partial recusal by a member appointed to a special litigation committee (“SLC”) created by a corporation compromises the independence of such committee. In Booth Family Trust v. Jeffries (6th Cir. 09-3443) [PDF], a divided panel found that where an… Continue Reading
Challenge To The Health Care Statute Will Be Heard By The Sixth Circuit on June 1, 2011
Posted in News and AnalysisIf you are a regular follower of our blog, you know that we have been closely tracking the case making its way through the Sixth Circuit involving a constitutional challenge to the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. See Thomas More… Continue Reading
Understanding The Sixth Circuit: The Growing Importance of Senior Judges
Posted in News and AnalysisThis is the first in a series of posts briefly touching on overlooked or misunderstood parts of the Sixth Circuit. It will look at topics like senior judges, visiting judges, staff attorneys, the role of clerks and case managers, the clerk’s office, the bankruptcy appellate panel, and the circuit mediators. The series begins by looking… Continue Reading