The Sixth Circuit is making national headlines today after ordering a nationwide stay that temporarily will block the so-called Waters of the United States (WOTUS) rule finalized back in May by the Environmental Protection Agency and the U.S. Army Corps of Engineers. See In re EPA and DOD Final Rule; “Clean Water Rule: Definition of … Continue Reading
The Affordable Care Act’s contraception mandate is back in the news. Last Friday, the Sixth Circuit made headlines when it joined six other Circuits in upholding the accommodation scheme for religious non-profits that object to the contraception mandate. See August 21, 2015 Opinion, Michigan Catholic Conference, et al. v. Burwell, et al. (6th Cir. Case … Continue Reading
The Advisory Committee on Appellate Rules (the federal judiciary’s policymaking body) has proposed amendments to Rules 5, 21, 27, 28.1, 32, 35, and 40 of the Federal Rules of Appellate Procedure that would reduce the length of various filings in the Circuit Courts. As we covered back in February, the proposal garnering the most attention … Continue Reading
It’s the appellate lawyer’s eternal challenge: How many issues to raise on appeal? Several years ago, Judge Kethledge offered a not-so-gentle reminder to lawyers in the Sixth Circuit about the importance of limiting issues on appeal when he opened an opinion with the following sentence: “When a party comes to us with nine grounds for … Continue Reading
Several keynote speakers delighted the audience earlier on Thursday at the 73rd Sixth Circuit Judicial Conference in Detroit. During lunch, the conference attendees were treated to a whimsical talk by Professor Noah Feldman from Harvard Law School who discussed the battles and triumphs of President Franklin D. Roosevelt’s great Supreme Court Justices. Professor Feldman explained … Continue Reading
I arrived in the Motor City early this morning for the 73rd Sixth Circuit Judicial Conference where I’m serving as a delegate for Sixth Circuit Judge Alan E. Norris. One of the most interesting presentations of the day featured a panel discussion of judges and lawyers who offered their no-holds-barred perspectives and observations about one … Continue Reading
Last Friday, the Sixth Circuit affirmed a district court decision ordering Terry Jacobs, a former employee of Cincinnati-based Lambda Research, and his attorney to pay Lambda’s attorney’s fees for filing a frivolous lawsuit. See United States of America, ex rel. Terry Jadcobs v. Lambda Research, Inc. (6th CIr. Case No. 14-3705). Although the loss on appeal … Continue Reading
The U.S. Supreme Court unanimously reversed the Sixth Circuit yesterday in a securities fraud action brought against Omnicare, Inc., a Cincinnati pharmaceuticals services company, under Section 11 of the Securities Act of 1933, 15 U.S.C. § 77k. See Omnicare Inc. v Laborers District Council Construction Industry Pension Fund, Case No. 13-435 (2015) (PDF). In siding … Continue Reading
The Sixth Circuit is in the national media spotlight this afternoon. The U.S. Supreme Court has just agreed to review the Sixth Circuit’s landmark (but divided) ruling from November 6 that upheld same-sex marriage bans in Ohio, Michigan, Kentucky, and Tennessee. See Opinion (6th Cir. Case Nos. 14-1341; 3057; 3464; 5291; 5297; 5818). The stage is … Continue Reading
Until last Friday, the question of whether an informal warning letter satisfied Rule 11’s safe harbor provision was unsettled in the Sixth Circuit. In Penn, LLC, et al. v. Prosper Business Development Corporation, et al. (6th Cir. Case No. 14-3108) (PDF), the Sixth Circuit panel followed the Second, Fifth, Eighth, Ninth, and Tenth Circuits in holding … Continue Reading
The Sixth Circuit has been in the national media spotlight following last Thursday’s high-profile decision upholding same-sex marriage bans in Ohio, Michigan, Kentucky, and Tennessee. See Opinion (6th Cir. Case Nos. 14-1341; 3057; 3464; 5291; 5297; 5818). We covered the Sixth Circuit’s decision here only hours after it was decided. The Court’s decision is the first … Continue Reading
Major news coming out of the Sixth Circuit today. In a landmark (but divided) ruling, the Sixth Circuit has upheld same-sex marriage bans in Ohio, Michigan, Kentucky, and Tennessee. See Opinion (6th Cir. Case Nos. 14-1341; 3057; 3464; 5291; 5297; 5818). As we previously have covered, district courts in each of these four states had ruled … Continue Reading
Earlier this year, we posted a feature analyzing how the Sixth Circuit has not been hesitant in imposing sanctions under Federal Appellate Rule 38 for frivolous and unwarranted appeals. Our research of Sixth Circuit opinions from the last several years revealed that various types of improper behavior may lead to appellate sanctions, including, among other … Continue Reading
Earlier this morning, the U.S. Supreme Court denied seven cert petitions from five states, including Utah, Oklahoma, Virginia, Wisconsin, and Indiana, seeking review of rulings from the Fourth, Seventh, and Tenth Circuits striking down bans on same-sex marriage. The High Court’s timing is uncanny because it was exactly two months ago today (August 6) that … Continue Reading
During the last five days, a media spotlight has been cast on the Sixth Circuit as legal pundits and observers try to dissect last Wednesday’s oral arguments in the same-sex marriage appeals before the Court. The three-judge panel which heard the appeals included Judges Martha Craig Daughtrey of Tennessee, Jeffrey Sutton of Columbus, and Deborah … Continue Reading
As we reported two weeks ago, the Sixth Circuit is gearing up to hear no less than five appeals tomorrow in the battle over same-sex marriage. The Court is expecting such a large crowd that it has issued a notice to the public and the media concerning the oral arguments and has designated two overflow … Continue Reading
Wednesday, August 6, 2014 will be a high-profile day at the Sixth Circuit as the Court will hear arguments in five appeals in the battle over same-sex marriages. Below are the cases on the Court’s calendar: DeBoer, et al. v. Snyder, et al., Case No. 14-1341: An appeal from a March 21, 2014 order by … Continue Reading
In my first post of the year back on January 3, I reported on how a divided Sixth Circuit panel on New Year’s Eve had granted a motion filed by Michigan Catholic Conference and Catholic Family Services to halt the so-called contraception mandate by the Department of Health and Human Services that went into effect under … Continue Reading
En banc review is rare in the Sixth Circuit, but this week the Court granted a petition for en banc rehearing filed by Michigan’s Attorney General in a habeas appeal involving the constitutional right to self-representation. See Hill v. Curtin, Case No. 12-2528 (6th Cir.) (PDF). In 2007, a Michigan jury convicted Thomas Hill of … Continue Reading
As you know from our recent coverage, Judge Bernard A. Friedman of the Eastern District of Michigan entered an order late in the day on Friday, March 21, 2014 striking down Michigan’s ban on same-sex marriage as violating the Equal Protection Clause of the Fourteenth Amendment. See Judgment, DeBoer, et al. v. Snyder, et al., … Continue Reading
This past Sunday, we reported on how the Sixth Circuit had acted swiftly in issuing a temporary stay of last Friday’s order by Judge Bernard A. Friedman of the Eastern District of Michigan which struck down Michigan’s ban on same-sex marriage. See Judgment, DeBoer, et al. v. Snyder, et al., Case No. 12-cv-10285 (E.D. Mich.). … Continue Reading
As we reported this past week, Judith Ellen Levy was sworn in on Tuesday as the first openly gay federal judge in the Sixth Circuit. Levy was nominated by President Obama back on July 25, 2013 to serve as a U.S. District Court Judge in the U.S. District Court for the Eastern District of Michigan … Continue Reading
It’s the first day of Spring at the Sixth Circuit, and the new season promises new skirmishes in the ongoing legal battles over same-sex marriages. Last month, we reported on the plaintiffs’ request in Obergefell, et al. v. Wymyslo, et al. (6th Cir. Case No. 14-3057), seeking expedited briefing and argument in their high-profile case … Continue Reading
How will the Sixth Circuit rule on the high-profile issue of whether the State of Ohio constitutionally is required to recognize, on an Ohio resident’s death certificate, a same-sex marriage that was lawfully performed in another state? We may find out sooner rather than later. On Valentine’s Day, the plaintiffs in Obergefell, et al. v. … Continue Reading
