We have previously addressed the Sixth Circuit’s reversal rate, and found that the circuit reverses at a rate very close to the average for all of the circuits. This post will briefly review the reversal rates in civil (including prisoner) cases from each federal district court within the Sixth Circuit. In the past two years, the Sixth Circuit… Continue Reading
Monthly Archives: December 2011
END-OF-YEAR COUNTDOWN: THE FIVE MOST IMPORTANT AREAS OF LAW ADDRESSED BY THE SIXTH CIRCUIT IN 2011
Posted in Recent CasesEnd-of-year countdowns are all the rage, and we thought it would be fitting to close out 2011 with a countdown for our loyal blog readers. Without further ado, I present to you the five most important areas of law addressed by the Sixth Circuit in 2011. No. 5 – More Rigorous Pleading Requirements In The… Continue Reading
The Sixth Circuit Affirms Reinstatement in Lieu of $4.4M Front Pay Award on Disabled Vet’s Constructive Discharge Claim
Posted in Recent CasesLast week, the Sixth Circuit affirmed that disabled Army veteran, James McKelvey was only entitled to reinstatement and back pay on his constructive discharge claim, in lieu of a $4.4M jury award for front pay. McKelvey v. Secretary, No. 10-1172 (Dec. 14, 2011). After returning from Iraq in 2006, McKelvey obtained employment as a civilian… Continue Reading
Insured Requests Rehearing of Sixth Circuit Decision Dismissing $125 Million Insurance Claim
Posted in UncategorizedOn December 1, 2011, we summarized the Sixth Circuit’s decision in Bondex International, Inc. v. Hartford Accident and Indemnity Co.pdf dismissing an insured’s claim for $125 million in insurance. Read our previous entry to refresh on the facts of the case and the basis of the Sixth Circuit’s original opinion. On Monday, RPM, Inc. requested a… Continue Reading
Making it easier to set aside a default? Clarifications to the Rule 55(c) analysis
Posted in Recent CasesIn Dassault Systemes, SA v. Childress (No. 10-1987), the Sixth Circuit analyzed the factors for setting aside a default judgment under Rule 55(c). Though the pro se defendant made any number of filings, he never filed an answer. Rather than move for a default under Rule 55(a), the plaintiff moved directly for default judgment. The… Continue Reading
Sixth Circuit To Hear Appeal From Preliminary Injunction Enjoining Arbitration Under FINRA
Posted in News and AnalysisThis appeal stems from the Eastern District of Kentucky’s order granting Morgan Keegan & Company Inc.’s motion for preliminary injunction to enjoin Robert Ras from compelling arbitration before the Financial Industry Regulatory Authority (“FINRA”). Ras, the investor, filed a Statement of Claim before FINRA, which is a self-regulatory organization under the Securities and Exchange Act of 1934. … Continue Reading
Sixth Circuit Speaks on Jurisdictional vs. Mandatory Restrictions
Posted in Recent CasesEarlier this week, the Sixth Circuit issued a ruling in Maxwell v. Dodd (6th Cir. 09-2538 & 10-1663, Dec. 6, 2011) (PDF), a case involving a Bivens and civil conspiracy claim filed against federal agents for an allegedly unconstitutional search of a residence. The Court affirmed the trial court and the jury’s verdict, but, along… Continue Reading
Sixth Circuit Upholds Dismissal of $125 million Insurance Claim
Posted in Recent CasesOn Monday, the Sixth Circuit affirmed the decision of the Northern District of Ohio in Bondex International, Inc. v. Hartford Accident and Indemnity Co.pdf, dismissing an insured’s claims for $125 million in additional coverage for asbestos claims. Plaintiffs/Appellants in the case, RPM Inc., Bondex International, Inc., and Republic Powdered Metals, Inc. (“RPM”) sought insurance coverage… Continue Reading