Header graphic for print
6th Circuit Appellate Blog Tagline

Monthly Archives: September 2011

Sixth Circuit Appellate Blog Lands on International Radio and on LexBlog TV Yesterday to Discuss This Week’s Major Developments In The Challenges to the Health Care Statute

Posted in News and Analysis

In my breaking news post the other day, I reported on how the government filed its cert petition asking the U.S. Supreme Court to reverse the Eleventh Circuit’s high profile ruling striking down the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148.  Hours… Continue Reading

Can A Bucket Make The Ocean Wet? Causation, Expert Testimony, and Moeller v. Garlock Sealing Technologies

Posted in Recent Cases

In Moeller v. Garlock Sealing Technologies, No. 09-5670, the Sixth Circuit clarified the standard for expert testimony on causation under its “substantial factor” test.  As a pipefitter, the plaintiff regularly tore out asbestos insulation and worked with the defendant’s asbestos gaskets.  The gaskets were dangerous when removed, but did not release asbestos when installed.  The… Continue Reading

BREAKING NEWS: Three (Yes, Three) Cert Petitions Filed Today Seeking Review Of The Eleventh Circuit’s Decision Striking Down The Individual Mandate Under The New Health Care Statute

Posted in Supreme Court

Yesterday we reported that the federal government decided not to seek en banc review of the Eleventh Circuit’s decision striking down the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148.  Today, the battle has moved to the U.S. Supreme Court in full gear. … Continue Reading

Challenge to Health Care Statute May Be On Fast Track To Supreme Court

Posted in News and Analysis

The challenge to the constitutionality of the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148, is making front page news today.  That’s because the government has decided not to seek en banc review of the Eleventh Circuit’s decision striking down the individual mandate. … Continue Reading

Will D.C. Circuit Follow Sixth Circuit Approach To Standing In Latest Challenge to Health Care Statute?

Posted in News and Analysis

Last Friday, the D.C. Circuit heard oral arguments in yet another lawsuit challenging the constitutionality of the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148.  See Seven-Sky v. Holder (D.C. Circuit, Case No. 11-5047).  This is the fourth challenge to the individual mandate… Continue Reading

Sixth Circuit Addresses Res Judicata of Takings Claim in Airport Expansion Case

Posted in Recent Cases

The Sixth Circuit in State ex rel. Boggs v. City of Cleveland provides some interesting guidance on the application of res judicata in the public takings context. Plaintiffs, owners of property near the Cleveland airport, originally brought suit in 2002 to compel the City to initiate appropriation proceedings because the level and frequency of flights… Continue Reading

Another Federal Judge Strikes Down the Individual Mandate Under the New Health Care Statute

Posted in Recent Cases

Judge Christopher C. Conner of the United States District Court for the Middle District of Pennsylvania ruled this week 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 Opinion, Goudy-Bachman v. United States Department of Health and Human Services (M.D…. Continue Reading

Discretionary Review at the Sixth Circuit

Posted in News and Analysis

As we recently reported here and here, the Sixth Circuit has just granted discretionary interlocutory review in two separate cases under 28 U.S.C. §1292(b).  To say that this is unusual would be an understatement.  The Sixth Circuit very rarely grants discretionary review under §1292(b) which permits an appellate court to accept jurisdiction only if a… Continue Reading

Rejecting the Second Circuit, the Sixth Circuit Opts to Cover More Employers Under Discrimination Law

Posted in Recent Cases

In a case of first impression, last week the Sixth Circuit addressed the scope of the term “employee,” in the volunteer context under Title VII of the Civil Rights Act of 1964 (“Title VII”). Marcia Bryson v. Middlefield Volunteer Fire Dep’t, (6th Cir. 2011). Expressly rejecting the Second Circuit’s two-step test, which requires a putative… Continue Reading

State-Specific Bottling Labels Subject to Constitutional Challenge at Sixth Circuit

Posted in Recent Cases

The Sixth Circuit has accepted an interlocutory appeal in American Beverage Assoc. v. Snyder, Case No. 11-2097, from a Michigan decision (pdf) holding that state-specific marking requirements for bottles and cans subject to deposit refunds does not per se violate the Commerce Clause.  As reported by John Agar of the Grand Rapids Press and Howard P.C. the trial court concluded… Continue Reading

Ohio Medical Monitoring Case Flounders on “One-in-a-Million” Risk and “Speculative” Exposure Levels

Posted in Recent Cases

In Hirsch v. CSX Transportation, Inc. (6th Cir., No.09-4548) (PDF), a case that could have significance in other medical monitoring cases throughout the circuit and perhaps even more broadly, the Sixth Circuit affirmed a district court ruling on summary judgment that rejected class claims for medical monitoring following a major 2007 train derailment in Ohio. The… Continue Reading

Sixth Circuit Accepts Interlocutory Appeal Pursuant to 28 U.S.C. § 1292(b)

Posted in News and Analysis, Recent Cases

Interlocutory appeals under 28 U.S.C. § 1292(b) are granted “sparingly and only in exceptional cases.”  See e.g. In re City of Memphis, 293 F.3d 345, 350 (6th Cir. 2002).  But this month the Sixth Circuit accepted just such an appeal. In Community Trust Bancorp., Inc., v. Community Trust Financial Corporation, et al., No. 10-cv-00062.pdf, which… Continue Reading

Unlike 6th and 11th Circuits, 4th Circuit Denies Challenges to Health Care Statute on Standing Grounds (With An Interesting Twist)

Posted in Recent Cases

The Fourth Circuit Court of Appeals yesterday rejected two challenges to the constitutionality of the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148.  Like the Third Circuit, and unlike the Sixth and Eleventh Circuits, the Fourth Circuit held that the challengers lacked standing. … Continue Reading

Case Management In the Sixth Circuit: Comparisons In The Use of Visiting Judges

Posted in News and Analysis

Continuing our exploration of case management practices in the Sixth Circuit, this post compares the Sixth Circuit’s use of visiting judges with that of other circuits and weighs the potential for impact of the visits on the circuit’s procedures.   We have previously explained how visiting judges handle a large portion of the Sixth Circuit’s caseload… Continue Reading

Video Blog: The Big Fight Over Big Tobacco In The Sixth Circuit

Posted in Recent Cases

I was recently interviewed on the Voice of Russia international radio network to discuss the free speech challenge to the Family Smoking Prevention and Tobacco Control Act, Public Law 111-31, that is currently before the Sixth Circuit.  As I reported last month, the Sixth Circuit recently heard oral argument on the constitutionality of the Act, which gives… Continue Reading

Sixth Circuit Reverses $107k Rule 11 Sanctions and Antisuit Injunction

Posted in Recent Cases

In PT Pukuafu Indah, et al. v. Newmont Mining Corp. (6th Cir. Nos. 09-02117/2570, 10-1477/1837) (PDF), the Sixth Circuit reversed a hefty Rule 11 sanction determination, including an award of over $107,000 in attorneys fees and an injunction permanently enjoining the plaintiffs from filing lawsuits against the defendants in any federal or state court. In… Continue Reading

Sixth Circuit Scrutinizes Medicare Secondary Payer Act

Posted in Recent Cases

If this blog is beginning to sound a bit like a broken record regarding the recurrence of important health care decisions, that may not be a surprise.  On Friday, the Sixth Circuit handed down a significant decision regarding the Medicare Secondary Payer Act, Bio-Medical Applications of Tennessee, Inc. v. Central State’s Southeast and Southwest Areas… Continue Reading