Lauren Kuley

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Sixth Circuit Joins Four Other Circuits in Restricting Plaintiffs’ Standing to Bring Claims under the Fair and Accurate Credit Transactions Act (“FACTA”)

More than a decade ago, Congress attempted to address a novel threat that was then only in its nascent stages: identity theft.  The Fair and Accurate Credit Transactions Act of 2003 (“FACTA”) provided consumers with several tools to protect their identity, including the ability to request free annual credit reports from the three major credit … Continue Reading

New year comings and goings

Happy New Year from everyone here at the Sixth Circuit Blog!  We’re kicking off 2021 with some exciting news.  Ben Beaton, my appellate practice co-chair who often graced these pages, was sworn in last month as a US District Judge for the Western District of Kentucky.  We will miss Judge Beaton and his contributions to … Continue Reading

July Wrap-Up: First Amendment Arrest Edition

The Sixth Circuit wrapped up July with two decisions addressing similar protest-arrest claims under the First Amendment.  But the panel opinions and outcomes looked quite different. Parma police parody: Anthony Novak was fed up with the Parma Police Department. So he created a “farcical Facebook account” (i.e., “meme” page) designed to look like the police … Continue Reading

Court Week(s): June’s Oral Arguments and one Supreme Court affirmance

If you’ve got the money, I’ve got the time (for an infringement action) — Willie Nelson made an appearance at the Sixth Circuit last month—but alas, only in the briefs. The court heard argument in Philpot v. L.M. Communications, involving a radio station website’s unauthorized use of a photo of the Red-Headed Stranger. The district … Continue Reading

June Wrap-Up: Opioid non-disclosure and Obamacare non-discrimination

The Sixth Circuit wrapped up June with two weeks of oral arguments, some of which we’ll feature later this week. And the Circuit got a pat on the back from the Supreme Court, which affirmed its decision striking down a Tennessee liquor law under the “dormant” Commerce Clause. (Stay tuned for more on the Circuit’s … Continue Reading

En Banc Watch – New Decisions on Probable Cause and Sentencing Commission Authority

Good Faith and Probable Cause: In another en banc decision, Judge John Rogers and eleven others held in United States v. Christian,that probable cause existed for Grand Rapids law enforcement to search the house of Tyrone Christian. As the affidavit detailed Christian’s four previous felony drug convictions, two previous drug busts at his house, and … Continue Reading

Late May Wrap-up: Another First Opinion, Another En Banc, Another Cert Grant

Note — This post (plus many others) arrives thanks to the hard work of Sixth Circuit Appellate Blog intern extraordinaire Barrett Block, a rising 3L at UK Law.  Murphy’s (first) Law — Jurisdiction is often the first topic encountered by law students; fittingly, Judge Eric Murphy confronted it in his first published opinion as a Sixth … Continue Reading

Last week at the Sixth Circuit: Suspended licenses, (Dis)honor Codes, and Re-redistricting

Showing no signs of a Kentucky Derby hangover (or any follow-on litigation, at least not yet), last week the court wrapped up arguments during the second half of its May sitting. Your quick recap: A rational basis for suspended licenses – In a blow to con-law professors and indigent drivers, a divided panel held in … Continue Reading

Trail-Blazing Sixth Circuit Judge Damon Keith Dies at 96

Sixth Circuit Judge Damon J. Keith died this weekend at the age of 96.  He served on the Sixth Circuit for over 40 years.  A civil rights icon, he issued notable opinions addressing racial desegregation in public education, warrantless Nixon-era wiretaps, and blanket secrecy for deportation hearings of terrorism suspects after 9/11.  In remembrance, the … Continue Reading

Sixth Circuit Amends “Chalking” Decision to Clarify Scope

Earlier this week, the Sixth Circuit issued a decision addressing a constitutional challenge to the practice of “chalking” the tires of parked cars for parking enforcement purposes. As we noted, that decision garnered a lot of attention from the national media. Yesterday, the Court issued an amended opinion clarifying the scope of its ruling. The … Continue Reading

Sixth Circuit Erases Chalking of Parked Cars

It’s not often that a dispute over parking tickets ends up in federal court. But that’s exactly what happened this week in Taylor v. City of Saginaw – a case that has already drawn the attention of the national media. Taylor involved a challenge to “a common parking enforcement practice known as ‘chalking,’ whereby City parking … Continue Reading

Car Dealership That Sets Terms of Credit Must Comply With Equal Credit Opportunity Act

Under the Equal Credit Opportunity Act (“ECOA”), creditors who deny credit or change the terms of credit arrangements must notify applicants of the specific reasons why.  At issue in the Sixth Circuit’s recent decision in Tyson v. Sterling Rental, Inc. is whether a “middle man” like a car dealership is a “creditor” that must meet … Continue Reading

Sixth Circuit Rejects College Athletes’ “Legal Fantasy”

The Sixth Circuit issued a short tongue-lashing this week, calling claims by former college athletes in Marshall v. ESPN, “a legal fantasy.”  Former basketball and football players brought a putative class action against college athletic conferences and TV networks, claiming a right to the licensing of their names and images in the television broadcast of … Continue Reading

Sixth Circuit Gives Copyright Protection To Cheerleading Uniforms

The Sixth Circuit recently explored the question, what makes a cheerleading uniform a cheerleading uniform?  Can it serve its function without stripes, chevrons, zigzags, and colorblocks?  In the district court, Varsity Brands, Inc. sued Star Athletica, LLC, claiming that Star copied Varsity’s copyrighted designs for cheerleading uniforms.   Star countered that Varsity did not hold valid … Continue Reading

Sixth Circuit Clarifies: Demanding Supervisor Cease Harassment Is Protected Activity

This week, the Sixth Circuit made clear that for purposes of Title VII retaliation cases, an employee’s demand that a supervisor stop his or her harassing conduct is a protected activity. Affirming the findings of several district courts in the circuit, the Sixth Circuit held that an employee need not file a formal complaint with … Continue Reading

En Banc Sixth Circuit: No ADA Violation In Telecommuting Suit

On Friday, the Sixth Circuit issued a significant decision on telecommuting accommodations for disabled employees.  In EEOC v. Ford Motor Co., a divided en banc court affirmed summary judgment for Ford on claims brought under the Americans with Disabilities Act by the Equal Employment Opportunity Commission.  At issue in the case was a telecommuting request … Continue Reading

Sixth Circuit Grants Ponzi Swindler New Sentencing

Despite characterizing the result as “unseemly,” a panel of the Sixth Circuit in United States v. Snelling nonetheless reduced the sentencing guideline range for a swindler who presided over a nearly $9 million Ponzi scheme.  Relying on commentary added to the Sentencing Guidelines in 2001, the panel concluded that Snelling should have received credit for … Continue Reading

Supreme Court Clears Path For Ohio Political Speech Case

Yesterday, the Supreme Court gave the go-ahead to a First Amendment challenge to Ohio’s law on false campaign speech.  Petitioners Susan B. Anthony List (“SBA”) and the Coalition Opposed to Additional Spending and Taxes (“COAST”) sought to proceed on facial and as-applied challenges to Ohio’s law based on statements they intend to make in future … Continue Reading

Sixth Circuit Says Antitrust Suit Too Late

An antitrust lawsuit against a chemical manufacturer is time barred following a Sixth Circuit ruling. Affirming dismissal in Z Technologies v. Lubrizol, the Sixth Circuit decided several statute of limitations issues applicable in antitrust cases arising out of a merger or acquisition. Z Technologies alleged that the Lubrizol Corporation established a monopoly in the market … Continue Reading

Judge Cornelia Kennedy Dies at 90

Earlier this month, the Sixth Circuit lost one of its longest-serving jurists: Judge Cornelia Kennedy passed away in Michigan at the age of 90.  She was appointed to the Sixth Circuit in 1979, assumed senior status in 1999, and recently retired.  During her pioneering career, she achieved many “firsts” as a woman in the law … Continue Reading

En Banc Court Sends Back Michigan Case on Emergency Cuts

Earlier this year, we previewed a Sixth Circuit en banc case regarding emergency measures taken in the City of Pontiac, Michigan to reduce and eliminate health care benefits of retired City employees.  Sua sponte raising state law issues, the prior panel told the district court to consider whether the City manager’s actions complied with Michigan … Continue Reading