Nearly a decade ago, in an opinion by Judge Kethledge, the Sixth Circuit set forth “good reasons not to call an opponent’s argument ‘ridiculous.’” Bennett v. State Farm Mut. Auto. Ins. Co., 731 F.3d 584 (6th Cir. 2013). These included “civility; the near-certainty that overstatement will only push the reader away …; and that, even … Continue Reading
The Sixth Circuit’s recent decision in Benalcazar v. Genoa Township, — F.3d — (6th Cir. June 10, 2021), provides a nugget in the law of Federal Courts regarding consent decrees. It’s also interesting from an appellate-practice perspective. The case concerned a zoning dispute. Landowners in an Ohio township sought to rezone their rural acreage for … Continue Reading
The office of chief judge for any federal court is tricky. It involves a great deal of extra administrative work as well as the expectation—from the title, at least—that one is somehow “in charge” of the court. Yet the chief judge’s vote has no more weight than that of his or her colleagues, and because … Continue Reading
The Kentucky Billboard Act requires a permit for billboards that advertise off-site activities—but no permit is required for on-site billboard advertising. Lion’s Den, an “adult superstore” that sought to advertise to interstate drivers with a billboard on a neighbor’s property, challenged the law as a violation of its rights under the First and Fourteenth Amendments. … Continue Reading
On Monday the Supreme Court addressed—or, perhaps more to the point, chose not to address—an issue close to the hearts of many in the midst of a pandemic: home delivery of fine wine and spirits. The Court declined to review the Sixth Circuit’s decision in Lebamoff v. Whitmer, which upheld the State of Michigan’s alcohol … Continue Reading
Yesterday’s published decision in Hale v. Morgan Stanley Smith Barney LLC established the law of the circuit on a nifty issue of subject matter jurisdiction in the context of arbitration. Where a plaintiff from one state has initiated arbitration against a defendant from another state, seeking millions, but has then received an arbitral award of … Continue Reading
The opioid MDL continues to generate significant decisions in the law of civil procedure. Arguably the most significant arrived last week in a much-anticipated ruling, when a divided panel issued a published opinion reversing the district court’s certification of a “negotiation class” in the case. Judge Clay wrote the majority opinion, joined by Judge McKeague, … Continue Reading
When a panel of the Sixth Circuit denied rehearing in a criminal case last month, Judge Moore issued a separate opinion, joined by Judge White, that highlights an important point for appellate advocacy. That is, regardless of how common some knowledge may be to the litigants at the trial level, the judges on appeal know … Continue Reading
Several months ago this blog reported on Judge Kethledge’s opinion for the court that granted a writ of mandamus sought by retail pharmacy chain defendants in “Track One” of the opioid MDL. In that decision the Sixth Circuit directed the district court to strike the plaintiff counties’ amendments to their complaints (which contravened Rule 16(b) … Continue Reading
Note — This post (and many more) arrives thanks to Zach Young, a Cincinnati native and rising 2L at Stanford Law School, where he studies as a Knight-Hennessy Scholar. He will be contributing to the Sixth Circuit Appellate Blog regularly this summer. Michigan gym owners will have longer to wait before they can reopen. Last … Continue Reading
Today the Sixth Circuit issued a published order in Thompson v. DeWine, the First Amendment voting rights case that we blogged about on Friday. The per curiam order by a three-judge panel granted the Ohio Attorney General’s request for a stay pending appeal of the district court’s injunction (and denied as moot the state’s request for … Continue Reading
The Supreme Court revisited the Chris Christie administration last week with a decision in Kelly v. United States that reversed the corruption convictions of two top gubernatorial aides. The charges stemmed from their role in the partial closing, and resulting traffic jam, of the George Washington Bridge. Sixth Circuit blogger Ben Glassman recently published his views … Continue Reading
Are you a Sixth Circuit (or SCOTUS) aficionado who has been working from home? Maybe all of the social distancing that you’ve appropriately been practicing has you itching to engage in discussion with fellow court watchers? If that description sounds on target for you, let me suggest season 4, episode 17 of the SCOTUS101 podcast—the … Continue Reading
As federal courthouses limit their in-person operations because of COVID-19, telephonic oral arguments will become more common. Already the Second Circuit has announced that all of its oral arguments will proceed by teleconference until further notice. Similarly, the Seventh Circuit will hear oral argument by phone through April. For scheduled oral arguments in the D.C. … Continue Reading
Cincinnati’s federal courthouse–home to the Sixth Circuit–is closed for two weeks beginning today, as reported by the Cincinnati Enquirer. Though the federal courts basically continue to function (to the consternation of my wife, given the number of recent filings made with kiddos underfoot here at the SPB Ky office), the Potter Stewart courthouse and many … Continue Reading
