As anticipated, Michigan’s attorney general today filed a petition (PDF) for rehearing en banc in Coalition to Defend Affirmative Action, Integration and Immigrant Rights and Fight for Equality by Any Means Necessary v. Regents of the Univ. of Michigan (6th Cir. Nos. 08-1387, 08-1389, 08-1534, 09-1111). As previously reported by this blog, on July 1,… Continue Reading
Monthly Archives: July 2011
Sixth Circuit Concludes FRAP 4(b)’s Time Limitations are Not Jurisdictional
Posted in Recent CasesThe Sixth Circuit recently reexamined its precedent when it held that the time period for a criminal appeal under Federal Rule of Appellate Procedure 4(b) is not jurisdictional. In United States v. Gaytan-Garza.pdf, No. 10-4615 (6th Cir. July 12, 2011), the Court followed the lead of the Supreme Court in holding that only statutes can establish… Continue Reading
Final Showdown: Challenge to Health Care Statute in Sixth Circuit Lands at the U.S. Supreme Court
Posted in News and Analysis, Supreme CourtEarlier this week, Thomas More Law Center and several other plaintiffs filed their petition for writ of certiorari in the U.S. Supreme Court, asking the High Court to reverse the Sixth Circuit’s June 29, 2011 divided panel decision upholding the constitutionality of the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection… Continue Reading
6th Circuit Set to Hear Tobacco Law Challenge
Posted in News and Analysis, Recent CasesLater this afternoon, the Sixth Circuit will hear oral arguments on the constitutionality of the Family Smoking Prevention and Tobacco Control Act, which gives the Food and Drug Administration the power to regulate tobacco advertising and marketing. See Discount Tobacco City & Lotter v. U.S.A., (Sixth Circuit, Case Nos. 10-5234/5235). Among the issues that the… Continue Reading
Eighth Circuit Follows Sixth Circuit’s Interpretation of “Return” in Affirming Criminal Conviction
Posted in Recent CasesIn USA v. McLain, 2011 U.S. App. LEXIS 14906, No. 09-3292 (8th Cir. July 21, 2011), the Eighth Circuit recently agreed with a ruling from the Sixth Circuit interpreting the term “return” under Section 6011(a) of the Internal Revenue Code and its accompanying regulations. In United States v. Neal, 93 F.3d 219, 223 (6th Cir…. Continue Reading
Sixth Circuit Affirms Award of Sanctions Against Plaintiff Bringing Qui Tam Suits Under the Medicare Secondary Payer Act
Posted in Recent CasesIn Stalley v. Mountain States Health Alliance, 2011 U.S. App. LEXIS 13895, No. 10-5211.5212 (6th Cir. Jul. 8, 2011), a unanimous panel of the Sixth Circuit affirmed a decision from the Eastern District of Tennessee, awarding $276,589.00 in sanctions against a plaintiff and his attorneys, who had sued various health care entities claiming violations of… Continue Reading
THE SIXTH CIRCUIT: YEAR IN REVIEW
Posted in UncategorizedEach year, at the close of the U.S. Supreme Court’s term, there are numerous presentations summarizing the past year in the Court’s decisions and trends. We are not aware of anything similar with respect to the Sixth Circuit, so we decided to host one ourselves. On September 8, we will host a free webinar (live… Continue Reading
U.S. SUPREME COURT REVERSAL RATES CONTINUE TO ATTRACT ATTENTION
Posted in Supreme CourtWe have previously reported about the Sixth Circuit’s recent “losing streak” at the U.S. Supreme Court as well as subsequent continued reversals by the Court. The broader issue of reversal rates by the U.S. Supreme Court was the subject of a recent article by the Los Angeles Times. While the article focused on the Ninth… Continue Reading
Sixth Circuit Sheds Light on Appealability of Privilege Issues Post-Mohawk
Posted in News and Analysis, Recent CasesThe Sixth Circuit released its first opinion interpreting the impact of Mohawk Industries, Inc. v. Carpenter, — U.S. — , 130 S. Ct. 599, 175 L. Ed. 2d 458 (2009).pdf, on an interlocutory appeal from an order compelling production of attorney-client communications between a party and its former attorney. Holt-Orsted v. City of Dickson, 641 F.3d 230 (2011).pdf, eliminates certain pre-Mohawk exceptions to… Continue Reading
Attorney-Client Privilege Not Relevant to In-House Counsel’s Conviction for Tax Conspiracy
Posted in Recent CasesOn July 19, 2011, the Sixth Circuit rejected the attempt of an in-house attorney to raise the issue of attorney-client privilege to reverse his conviction for conspiracy to defraud the United States. For this and other reasons, in United States v. Fisher (6th Cir. 09-2460) (PDF), the Court affirmed the conviction of Edward Fisher, who… Continue Reading
Fifth Circuit Follows Sixth Circuit Regarding Title VII’s Compensatory and Punitive Damanges Cap
Posted in News and AnalysisThe Fifth Circuit, recognizing an open question in that Circuit’s jurisprudence, recently elected to follow the Sixth Circuit’s application of the Title VII compensatory and punitive damages cap from Hudson v. Reno, 130 F.3d 1193 (6th Cir. 1997). In Hudson, a unanimous panel of the Sixth Circuit held that the damage cap in Title VII… Continue Reading
Court Defines “Subcontractor” And Finds Insurance Coverage
Posted in UncategorizedThis week, the Court interpreted a commonly-litigated ”your work” insurance exclusion found in most commercial general liability policies. The Court’s holding didn’t go as far as the plaintiff wanted, but it may broaden coverage significantly depending on the facts at issue. In Mosser Const., Inc. v. Travelers Indem. Co., No. 09-4449 (pdf), the Court held that the term… Continue Reading
EIGHTH CIRCUIT REJECTS SIXTH CIRCUIT’S VIEW OF JURISDICTION UNDER LMRA
Posted in News and AnalysisThe Eighth Circuit in ABF Freight System, Inc. v. International Brotherhood of Teamsters, recently created a circuit split with the Sixth and Third Circuits on the question of jurisdiction under §301(a) of the Labor Management Relations Act. The question concerns whether the existence or violation of a labor contract is an element of the plaintiff’s… Continue Reading
No Umbrella Coverage in Asbestos Case
Posted in Recent CasesOn Monday, the Sixth Circuit affirmed dismissal of insurance coverage claims against an umbrella insurer for defense costs associated with asbestos claims. Federal-Mogul v. Continental Casualty, No. 10–1290 (6th Cir. July 11, 2011) (pdf). This ruling leaves the other insurers to pick up the entire defense bill until their limits are exhausted. According to the Court’s decision, only then would… Continue Reading
Class Action Defendants Are Winning On Appeal – Surprising Statistics on Class Actions In The Sixth Circuit
Posted in News and AnalysisWe have covered a number of important Sixth Circuit decision on class actions over the past year, including as Randleman v. Fidelity National Title Ins. Co. and Dealer Computer Services, Inc. v. Dub Herring Ford. Though a small percentage of the court’s docket, such cases often have an outsize effect on both precedent within the… Continue Reading
$500 MILLION BANKRUPTCY DISPUTE HEADED TO SIXTH CIRCUIT
Posted in News and AnalysisThe FDIC has recently appealed a loss it suffered at trial on the question of whether the debtor in bankruptcy (the holding company of a failed bank) made a “commitment” to maintain the capital of its subsidiary bank under Section 365(o) of the Bankruptcy Code. After a week-long bench trial with an advisory jury, the… Continue Reading
Establishing The Test For Association Discrimination In The Sixth Circuit: Stansberry v. Air Wisconsin Airlines Co.
Posted in Recent CasesIn Stansberry v. Air Wisconsin Airlines Co., the Sixth Circuit explains the standard for association discrimination claims under Section 12112(b)(4) of the Americans with Disabilities Act. Such claims are comparatively rare – this is the first published decision in the circuit since that section was passed in 1990. The opinion, written by Judge Martin, explains that… Continue Reading
SIXTH CIRCUIT FACING DIFFICULT EN BANC QUESTIONS
Posted in En Banc WatchRecently, the Sixth Circuit has handed down decisions in two of the most high-profile cases currently pending in the federal appellate courts. First, as we previously reported, the Sixth Circuit upheld the federal health care statute in the wake of a number of constitutional challenges. Second, a few days later, the Sixth Circuit struck down… Continue Reading
COPYRIGHT SPAT OVER GOSPEL SONG MAKES ITS WAY TO THE SIXTH CIRCUIT
Posted in Recent CasesIn a recent decision from the Middle District of Tennessee, the court sorted out a copyright dispute over the famous gospel song I’ll Fly Away. The history behind the song and the dispute is both interesting and colorful, and is well-chronicled in the court’s decision. The case pitted the heirs of the original composer of… Continue Reading
SIXTH CIRCUIT’S JUNE 29 DECISION UPHOLDING THE HEALTH CARE STATUTE IS GENERATING MASSIVE COMMENTARY
Posted in En Banc Watch, News and AnalysisIn our BREAKING NEWS item on Wednesday, we were one of the first legal blogs to report on and analyze the Sixth Circuit’s high profile opinion in Thomas More Law Center, et al. v. Obama, et al. (Sixth Circuit, Case No. 10-2388), in which a divided panel upheld the constitutionality of the mandate requiring individuals to purchase… Continue Reading
Interview With Sixth Circuit Clerk Leonard Green
Posted in InterviewsWe sat down recently with the Clerk for the United States Court of Appeals for the Sixth Circuit, Leonard Green, who has been the Clerk at the court since 1988. Mr. Green was gracious enough to share some of his time and provide some insights on practice before the Sixth Circuit. Electronic Filing Q:… Continue Reading
Breaking News: Sixth Circuit Strikes Down Michigan Constitutional Amendment on College Admissions
Posted in News and Analysis, Recent CasesA divided panel of the Sixth Circuit today struck down an amendment to the Michigan constitution added by voters in 2006 that prohibited Michigan’s public colleges and universities from granting “preferential treatment to[] any individual or group on the basis of race, sex, color, ethnicity, or national origin.” In Coaltion to Defend Affirmative Action, Integration… Continue Reading