Monthly Archives: November 2010

Improper Fines From Red Light Cameras Do Not Violate The Takings Clause – But They May Violate The Ohio Constitution

The Sixth Circuit has given red light cameras a rare victory in Ohio.  Ballot initiatives against traffic cameras have consistently won across Ohio in past years, from Cincinnati to Chillicothe, and most recently in Garfield Heights.  Next, an Ohio appellate court found that Cleveland could not use its red light cameras against drivers that leased … Continue Reading

Reversal Rates In The Sixth Circuit, AKA, The Importance Of An Excellent Brief

It is generally understood that federal appellate courts do not often reverse or remand, but the actual statistics are not as well-known.  The yearly Judicial Business Report, put out by the Administrative Office, gives the statistics for every circuit.  In 2009, the Sixth Circuit decided 590 appeals in private civil appeals on the merits of … Continue Reading

ADA Testing Protections Extend Only to the Disabled

On a discretionary appeal under 28 U.S.C. § 1292(b), the Sixth Circuit recently held that section 12112(b)(6) of the Americans with Disabilities Act, which prohibits employers’ use of qualification standards and other tests that tend to screen out disabled individuals, only extends protection to disabled individuals.  Bates v. Dura Automotive Systems, Inc., No. 09-6351 (6th Cir. Nov. 3, 2010). In a unanimous … Continue Reading