In Metrish v. Lancaster, a unanimous Supreme Court reversed the Sixth Circuit’s decision that Michigan courts violated due process when they took away a defendant’s diminished-capacity defense before his second trial, after having allowed it in his first trial. The Supreme Court held that relief was unavailable under the Antiterrorism and Effective Death Penalty Act… Continue Reading
Category Archives: Recent Cases
Subscribe to Recent Cases RSS FeedSixth Circuit Reverses ERISA Premption Decision
Posted in Recent CasesIn Gardner v. Heartland Industrial Partners, LP, the Sixth Circuit reversed a decision that held that the plaintiffs’ state law tort claims for tortious interference with contract were completely preempted by ERISA. The Sixth Circuit framed the question as one of jurisdiction – in other words, whether plaintiffs’ complaint stated a federal question allowing defendants… Continue Reading
Sixth Circuit Reverses Dismissal of Shareholder Action
Posted in Recent CasesIn Kepley v. Lanz , the Sixth Circuit yesterday reversed the dismissal for lack of standing of an action brought by former shareholders of a Kentucky corporation. In response to the defendant’s motion to dismiss, the district court had sua sponte dismissed the action as derivative in nature, meaning that the individuals did not have… Continue Reading
In A Question Of First Impression, the Sixth Circuit Holds That An Electronic Filing Error Does Not Doom A Party’s Appeal
Posted in Recent CasesWe’re all too familiar with them: Electronic filing mistakes in the Case Management and Electronic Case Files (CM/ECF) system (now adopted by every Circuit). They include everything from filing in the wrong case to submitting the wrong document. And we’re just as familiar with corrected electronic docket entries. As we all know, the CM/ECF system does… Continue Reading
Sixth Circuit Rejects Effort to Hold Bank Liable For Fiduciary’s Fraud
Posted in Recent CasesIn Estate of William R. Barney, Jr. v. PNC Bank, the Court framed the issue as “whether Ohio law permits a principal to hold a bank liable for money that the principal entrusted a fiduciary to deposit at the bank in which the fiduciary then withdrew, without the principal’s permission, and squandered.” Answering that question… Continue Reading
Sixth Circuit Determines That Medicaid Injunction Dispute Is Moot
Posted in Recent CasesIn an interesting, albeit unusual, decision the Sixth Circuit found that it could not review the propriety of an injunction based on mootness in Appalachian Regional Healthcare, Inc. v. Coventry Health and Life Insurance Company. The backdrop for the case concerns Kentucky’s transition from fee-for-services for its Medicaid program to managed care (the opinion also… Continue Reading
Remand in Whirlpool Corp. v. Glazer class action
Posted in Recent CasesOn Monday, the Supreme Court sent Whirlpool Corp v. Glazer back to the Sixth Circuit for further consideration in light of Comcast Corp. v. Behrend, 569 U.S. — (2013). The decision was GVR’d, meaning that the Court granted the writ of certiorari, vacated the judgment, and remanded without reaching the merits. In Glazer, as we… Continue Reading
Sixth Circuit Tackles $2.5M Attorney Fee Award
Posted in Recent CasesIn a lengthy opinion, Binta B. v. Gordon, the Sixth Circuit yesterday reversed in large measure a $2.5 million attorney fee award in a Section 1988 consent decree case. The Sixth Circuit noted that the case had spanned nearly 30 years, and in many respects had taken on a life of its own. The original… Continue Reading
Sixth Circuit Issues Ruling on Generic Drugs and Preemption
Posted in Recent CasesYesterday, in Fulgenzi v. PLIVA, Inc., the Sixth Circuit handed down an interesting decision concerning generic drugs and preemption. The case involved a failure to warn claim against a generic manufacturer. The Court recognized that the Supreme Court had recently held that generic manufacturers could not be held liable consistent with preemption concerns because federal… Continue Reading
Sixth Circuit Provides Guidance on Enforcing Settlement Agreements
Posted in Recent CasesHave you ever had difficult settlement negotiations where you thought an agreement was reached in e-mail communication with opposing counsel, and then the other side appeared to back away from that? That’s the situation that the Sixth Circuit confronted in Cuyahoga Valley Railway Company v. U.S. Bank Trust. In an interesting split decision, the majority… Continue Reading
Sixth Circuit Reverses Approval of Class Settlement
Posted in Recent CasesIn Vassalle v. Clawson, the Sixth Circuit entered an unusual opinion reversing a district court order approving a $5.2 million class settlement. Although generally appellate courts are deferential to district court orders approving class settlements, the Sixth Circuit felt compelled to unravel this particular settlement. Largely motivating the Court’s decision was the fact that the… Continue Reading
Sixth Circuit Upholds Dismissal of Putative Class Action
Posted in Recent CasesIn Christian County Clerk v. Mortgage Electronic Registration Systems, Inc., the Sixth Circuit upheld dismissal of an action brought by various Kentucky county clerks against the MERS system and a variety of banks that utilized it. The clerks essentially alleged that the defendant banks established MERS to enable its members to avoid recording mortgage assignments… Continue Reading
Sixth Circuit Reverses Denial of Class Certification
Posted in News and Analysis, Recent CasesIn Arlington Video Productions, Inc. v. Fifth Third Bancorp, the Sixth Circuit, in an unpublished decision, reversed summary judgment granted to Fifth Third and reversed the denial of class certification. The case arose from a dispute between a business that had a business checking account and its bank, and it concerned a number of fees… Continue Reading
Shawshank Redemption Gets Cameo in Sixth Circuit Opinion
Posted in Recent CasesIn United States v. Stout, the Sixth Circuit considered whether an escape from prison constituted a crime of violence in connection with a subsequent federal prosecution. The majority concluded that it did, after thoroughly analyzing the relevant statutes and applicable precedent. Judge Donald, however, disagreed and dissented. In Judge Donald’s dissent, she contrasted the escape… Continue Reading
Sixth Circuit Considers Criminal Trade Secrets Case
Posted in Recent CasesMany of us have dealt with trade secret disputes of varying types, but the Sixth Circuit earlier this week addressed a criminal trade secrets prosecution under 18 U.S.C. § 1832(a). In United States v. Howley, the Sixth Circuit affirmed the conviction of two individuals who had been convicted of stealing trade secrets and engaging in… Continue Reading
High-Profile Lawsuits Headed to the Sixth Circuit in 2013
Posted in News and Analysis, Recent CasesLast year was an active year for the Sixth Circuit, particularly on its business docket. As you know from following our blog, the Sixth Circuit issued a number of key opinions in 2012 addressing class actions, expert opinions, white collar crime, franchise and intellectual property issues, and pleading standards. Although 2013 has started off slowly… Continue Reading
Sixth Circuit Affirms Denial of Class Certification
Posted in News and Analysis, Recent CasesLast week, in Miller v. Countrywide Bank, No. 12-5250, the Sixth Circuit applied the U.S. Supreme Court’s Wal-Mart v. Dukes decision to affirm a denial of class certification. Specifically, the Sixth Circuit concluded that the district court did not abuse its discretion in finding that Dukes foreclosed the proposed class from establishing commonality. As in… Continue Reading
Beer and Wine Case May Be Headed to the Supreme Court on Dormant Commerce Clause Issues
Posted in En Banc Watch, Recent Cases, Supreme CourtRecent developments indicate that the last of the Sixth Circuit’s beer and wine cases we reported about last year may be headed for the Supreme Court. Even if it doesn’t go up on cert, the case is an example that a well-focused petition for rehearing en banc can be an effective tool, even if it doesn’t actually result in… Continue Reading
False Claims Act Case Back Before Sixth Circuit After Supreme Court Review
Posted in Recent CasesThe Sixth Circuit recently ruled on a False Claims Act (“FCA”) case, Sanders v. Allison Engine Company, Inc., that was back before the court after its previous decision in the case was overturned by the Supreme Court. In the original case before the Sixth Circuit, the court held that liability under the FCA did not require… Continue Reading
Another Habeas Reversal For The Sixth Circuit
Posted in Recent Cases, Supreme CourtThe Supreme Court has reversed another habeas case from the Sixth Circuit, holding that mentally ill prisoners do not have a statutory right to stay their habeas petitions while incompetent. See Tibbals v. Carter (No. 11-218). Justice Thomas’ opinion, however, still allows district court to issue discretionary stays while a prisoner regains competence. Though it… Continue Reading
Sixth Circuit Affirms Dismissal of Complaint Based on Discovery Violations
Posted in News and Analysis, Recent CasesIn Universal Health Group v. Allstate Insurance Company, the Sixth Circuit affirmed as a sanction the ultimate penalty – dismissal of a complaint based on pervasive discovery violations. The Court, in an opinion by Judge Kethledge, recited the litany of discovery violations caused by plaintiff’s counsel, aptly noting that “to recite the facts of this… Continue Reading
Sixth Circuit Enforces Consent Decree in Benefits Case
Posted in Recent CasesIn Shy v. Navistar International Corp., the Sixth Circuit affirmed the district court’s decision enforcing a 1993 consent decree over employee benefits. Specifically, the district court held that Navistar could not substitute the Medicare D program for the prescription drug plan described in the consent decree, and it held that Navistar had to retroactively reinstate… Continue Reading
Sixth Circuit Considers Appellate Sanctions
Posted in News and Analysis, Recent CasesIn Scherer v. JP Morgan Chase & Company, the Sixth Circuit affirmed the district court’s judgment based on the application of collateral estoppel, and it then turned to the issue of sanctions for pursuit of a frivolous appeal. The Court began by noting that it had authority to impose sanctions under 28 U.S.C. § 1927… Continue Reading
Sixth Circuit Upholds Dismissal in Securities Suit Against Ratings Agencies
Posted in Recent CasesIn Ohio Police & Fire Pension Fund v. Standard and Poor’s, the Sixth Circuit affirmed the dismissal of the suit brought against the three major credit rating agencies regarding mortgage-backed securities in the wake of the financial collapse of 2008. The suit was premised on Ohio’s Blue Sky laws and common law negligent misrepresentation. Although… Continue Reading