Tomorrow is the big day in the Sixth Circuit. The Court will hear oral argument in the high-profile appeal involving a constitutional challenge to the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. See Thomas More Law Center, et al. v. Obama, et … Continue Reading
On Wednesday, the Sixth Circuit sent a securities fraud case back to the district court for the third time, after reversing the district court’s second dismissal of the complaint under Fed. R. Civ. P. 8, 9(b) and 12(b)(6). At issue in Frank v. Dana Corp., No. 09-4233 (6th Cir. May 25, 2011).pdf was the sufficiency of … Continue Reading
In United States v. Tinklenberg, 563 U. S. ___ (2011), the Supreme Court affirmed the Sixth Circuit’s dismissal of a criminal case under the Speedy Trial Act, which requires that trial begin within 70 days of indictment or arraignment. Justice Breyer’s opinion, however, rejected the Sixth Circuit’s reasoning. The Court held that any pretrial motion … Continue Reading
In Michigan First Credit Union v. CUMIS Insurance Society, Inc.pdf, Nos. 09-1925/1970 (6th Cir. May 24, 2011), the Sixth Circuit affirmed a $5 million + jury verdict arising from an insurer’s refusal to pay under a fidelity bond where the insured’s employees approved scores of bad loans in alleged “conscious disregard” of the insured’s policy. … Continue Reading
One week from today, the Sixth Circuit will hear oral arguments in the high-profile appeal involving a constitutional challenge to the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. See Thomas More Law Center, et al. v. Obama, et al. (Sixth Circuit, Case … Continue Reading
In an article about an ethics decision that cleared a bankruptcy judge of misconduct for membership in an exclusive country club alleged to discriminate, Adam Liptak of the New York Times says the Sixth Circuit is an “odd institution” that is “surely the most dysfunctional federal appeals court in the nation.” An article in the ABA … Continue Reading
The Greater Cincinnati/Northern Kentucky Chapter of the Federal Bar Association is sponsoring its annual Judges’ Night Dinner on June 7 in Cincinnati. This event generally coincides with an en banc sitting of the Sixth Circuit, and most of the Sixth Circuit Judges attend the dinner. This year’s featured speaker is Judge Jane Branstetter Stranch, the … Continue Reading
We have previously posted on the welding-rod case Tamraz v. Lincoln Electric Company, and the new, higher standard for expert causation testimony under Daubert. We reported that on the plaintiff’s cert petition here. The Supreme Court has now denied the plaintiff’s petition for certiorari. The case, which had resulted in a $20.5 million verdict, will … Continue Reading
In September 2009, a jury in the Western District of Kentucky found Defendant-Appellant HCP, Inc. (“HCP”) liable under Kentucky law for tortious interference with a prospective advantage, which claim was advanced by Plaintiff-Appellee Ventas, Inc. (“Ventas”). Finding that HCP’s tortious interference caused Ventas to purchase certain assets of the Sunrise Senior Living Real Estate Trust … Continue Reading
The Sixth Circuit yesterday provided additional guidance in this Circuit for interpreting collective bargaining agreements and preemption questions under the Labor Management Relations Act (LMRA). The three-judge panel in CNH America LLC v. International Union, et al. (6th Cir., Case No. 09-2001) (PDF), held that a Voluntary Employees’ Beneficiary Association (VEBA) trust fund agreement, which was part … Continue Reading
Yesterday, the Supreme Court called for the Solicitor General’s views on a cert petition involving a Foreign Sovereign Immunities Act question from the Sixth Circuit. We previously reported on the decision DRFP, LLC v. The Republica Bolivariana de Venezuela in which the Sixth Circuit wrestled with questions concerning the federal court’s jurisdiction over foreign nations … Continue Reading
When a district court certified a class of Ohio homeowners alleging failure by title insurers to provide a merited discount, post-certification discovery revealed the individualized nature of the inquiries necessary for the homeowners to prove their case and thus demonstrated that certification had been improvidently granted. The district court subsequently decertified the class, which, expressing … Continue Reading
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
In Pluck v. BP Oil Pipeline Co. (09-4572), the Sixth Circuit built on its decision in Tamraz v. Lincoln Elec. Co., 620 F.3d 665 (6th Cir. 2010) (discussed here), and reiterated that a high standard governs expert causation testimony in toxic tort litigation. Pluck affirmed the district court’s exclusion of a plaintiff’s specific causation expert under Daubert. It emphasizes that causation … Continue Reading
We are now beginning to highlight new appeals that might impact business interests. We will continue to monitor these cases as they progress. Derrick Gray v. Wells Fargo (No. 11-1495). This bankruptcy appeal presents intriguing issues of appellate jurisdiction. The bankruptcy court ordered Wells Fargo to submit to a Rule 2004 examination regarding the reasonableness … Continue Reading
As you know, for months now we have been following the case making its way through the Sixth Circuit involving a constitutional challenge to the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. See Thomas More Law Center, et al. v. Obama, et … Continue Reading
As we reported two weeks ago, the Fourth Circuit is hearing oral arguments today in the appeal from Virginia District Court Judge Henry Hudson’s December 13, 2010 decision declaring unconstitutional the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. See Commonwealth of Virginia, … Continue Reading
On May, 5, 2011, the Sixth Circuit reversed a decision from the District Court for the Eastern District of Kentucky that had held unconstitutional a Kentucky statute shortening the period after which state law imposes a presumption on abandonment on traveler’s checks. American Express Travel Related Services Company, Inc. v. Commonwealth of Kentucky, et al., No. 09-5898 (6th … Continue Reading
On May 5, 2011, a vote on Judge Bouie Donald’s confirmation to a seat on Sixth Circuit Court of Appeals was held over — again — because a quorum of the Senate Judiciary Committee was not present. Judge Donald, who currently sits as a district court judge on the U.S. District Court for the Western District of … Continue Reading
Yesterday, the Supreme Court in a per curiam decision upheld Ohio’s jury instructions that require jurors first to reject the death penalty before considering a sentence of life imprisonment. See Bobby v. Mitts, No. 10-1000. In the order denying the petition for rehearing en banc before the Sixth Circuit, as previously reported here, Judge Sutton … Continue Reading
As reported previously here, the Sixth Circuit recently held the fleeting honor of having its decision featured on SCOTUSblog’s Petition of the Day. This was not, however, enough for the Supreme Court to accept jurisdiction; yesterday, the Supreme Court denied the petition of the City of Loveland for the Court to accept jurisdiction. (PDF) The … Continue Reading
