Tag Archives: En Banc

Sixth Circuit To Rehear Legislative Prayer Case En Banc

Last week, the Sixth Circuit granted en banc review in Bormuth v. County of Jackson, where a split panel had held that a district court had erred in rejecting the plaintiff’s argument that the prayer preceding a Michigan county’s Board of Commissioners’ monthly meeting violated the First Amendment by coercing residents to support and participate in the … Continue Reading

Sixth Circuit Grants En Banc Review

On Friday, the Sixth Circuit voted to rehear Detroit Free Press, Inc. v. USDOJ (Free Press II) en banc. As we have noted here and here, the Sixth Circuit has been reluctant recently to grant en banc review. As with any grant of en banc review, the previous judgments of the court are vacated and the case is … Continue Reading

En Banc Watch

The Sixth Circuit sat en banc yesterday to hear oral argument in Tyler v. Hillsdale County Sheriff’s Dep’t regarding whether or not a federal provision prohibiting the possession of a firearm by a person who has been confined to a mental institution violates the Second Amendment under Heller.  The original panel had sustained the plaintiff’s Second … Continue Reading

Sixth Circuit Vacates Decision Sustaining 2Am Challenge To Gun Ban For Previously Involuntarily Committed, Will Rehear En Banc

The Sixth Circuit has voted to rehear en banc its recent decision in Tyler v. Hillsdale Cnty. Sheriff’s Dep’t, in which it became the first court of appeals to sustain a Second Amendment challenge to a federal firearms regulation since Heller was decided.  The parties have been directed to file supplemental briefs. Our analysis of … Continue Reading

“Tying” Products Via Discount Only “Unlawful” When Second Product Sells Below Cost

In Collins Inkjet Corp. v. Eastman Kodak Co., the Sixth Circuit recently held that differential pricing—charging more for a product when the customer fails to buy a second “tied” product—constitutes unlawful tying only when the second product is effectively being sold for below-cost.  In adopting this “discount attribution” standard, the court sided with the Ninth … Continue Reading

En Banc Court Overturns Prior ERISA Decision

Yesterday, the Sixth Circuit issued its en banc decision in Rochow v. Life Insurance Company of North America, No. 12-2074.   The original panel decision (which we previously discussed here) held that an ERISA plaintiff could recover under Section 502(a)(3), which allows for “appropriate equitable relief,” in addition to receiving his benefits under Section 502(a)(1)(B).  The … Continue Reading

En Banc Granted In ERISA Disgorgement Case

On Friday, the Sixth Circuit granted en banc review of Rochow v. Life Insurance Company of North America, 737 F.3d 415 (6th Cir. 2013), a controversial decision holding that a ERISA plaintiff that already recovered his benefit under Section 502(a)(1)(B) could also recover for unjust enrichment under Section 502(a)(3).  The benefit in this case was … Continue Reading

A Split Sixth Circuit Reverses A $1,225,000.00 Jury Award In A Trade-Dress Case

Earlier today, in a 2-1 decision, the Sixth Circuit reversed a $1,225,000.00 jury award in a trade-dress case involving a relatively obscure and expensive industrial product: grease pumps used in automated lubrication systems (“ALS”) for commercial trucks.  See Groeneveld Transport Efficiency, Inc. v. Lubecore International, Inc., Case Nos. 12-3545/3576 (6th Cir.) (PDF).  The competing products … Continue Reading

En Banc Petition in Crack/Cocaine Appeal

The Sixth Circuit’s decision in United States v. Blewett that the new lower minimum thresholds for crack offenses applies retroactively to otherwise-final sentences under the Equal Protection Clause for incarcerated offenders has attracted lots of attention.  As reported at the Sentencing Law & Policy blog, the government is seeking en banc review of the decision, … Continue Reading

An Empirical Look At The Sixth Circuit’s Acceptance (and Rejection) Of Amicus Briefs

We have previously reported on the Sixth Circuit’s affirmation of a class certification decision in In re Whirlpool Corporation Front-Loading Washing Products Liability Litigation, which involved washing machines that allegedly were susceptible to mold and mildew.   We also reported on Whirlpool’s en banc petition, and the five amicus parties that supported the petition.  The Court … Continue Reading

Ethics and Professionalism In the Sixth Circuit

In addition to my active appellate practice, I have spent a substantial portion of my career focusing on the field of ethics and professionalism.  Although these areas of law often intersect, I generally see little professional commentary on appellate ethics.  Part of the reason, of course, is that appellate practice is very specialized, and there … Continue Reading

En Banc Briefing Complete, Oral Argument Approaches in Michigan Affirmative Action Appeal

This post is the Sixth Circuit Appellate Blog’s latest update and analysis in a series that has been tracking developments in the ongoing, blockbuster appeal involving Michigan Proposal 2. Last summer, a divided panel of the Sixth Circuit struck down as unconstitutional Proposal 2, which prohibited Michigan’s public colleges and universities from granting “preferential treatment … Continue Reading

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

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

Sixth Circuit Facing Difficult En Banc Questions

Recently, 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

Just As We Predicted Back in March, the Sixth Circuit Grants Rehearing En Banc in the Lewis Case Involving Discrimination Claims Under the ADA

Back in March, when we reported on the Sixth Circuit’s decision in Lewis v. Humboldt Acquisition Corp, No. 09-6381 (6th Cir. Mar. 17, 2011) (PDF), we noted that Lewis was “one of those rare candidates for rehearing en banc.”  Our predictive powers proved accurate yesterday when the Sixth Circuit voted for a rehearing en banc in the Lewis … Continue Reading

Update on Abercrombie & Fitch Case On The Independence of Special Litigation Committees

  The Sixth Circuit has denied Abercrombie & Fitch’s petition for rehearing and en banc review of its decision in Booth Family Trust v. Jeffries (09-3443) that the voluntary recusal of a member of a special litigation committee served as an effective admission that he was not independent.  None of the active judges on the Court … Continue Reading
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