Did you know that the Sixth Circuit’s website features a series of video clips produced by the Federal Public Defender’s Office for the Southern District of Ohio that offer training advice for practice under the Criminal Justice Act (“CJA”), 28 U.S.C. § 3006A? The video clips do not have Hollywood style production values (we are … Continue Reading
Frivolous and unwarranted appeals. They continue to be a problem in the Sixth Circuit, as long-time followers of our blog know. We’ve gone back and reviewed over two years’ worth of opinions in the Sixth Circuit, and the picture that emerges is one of too many parties and too many attorneys pursuing frivolous and unwarranted … Continue Reading
As we reported last week, a divided Sixth Circuit panel granted a motion 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 the Patient Protection and Affordable Care Act, Public Law 111-148. See Michigan Catholic Conference, et al. … Continue Reading
On New Year’s Eve, a divided Sixth Circuit panel granted a motion 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 the Patient Protection and Affordable Care Act, Public Law 111-148. See Michigan Catholic Conference, et al. v. … Continue Reading
Back in September, we reported on the Sixth Circuit’s high-profile decision in Autocam Corp., et al. v. Sebelius, et al., Case No. 12-2673 (6th Cir.), which dismissed claims brought by several plaintiffs challenging the so-called contraception and abortion mandate by the Department of Health and Human Services (HHS) that went into effect last year under the … Continue Reading
At the beginning of the year, we posted a feature story on high-profile lawsuits headed to the Sixth Circuit in 2013. One of the lawsuits that we predicted would land at the Sixth Circuit this year was the challenge to the so-called contraception and abortion mandate by the Department of Health and Human Services (HHS) … Continue Reading
Earlier today, in a 2-1 decision, the Sixth Circuit reversed a $1,225,000.00 jury award in a trade-dress case involving a relatively obscure and expensive industrial product: grease pumps used in automated lubrication systems (“ALS”) for commercial trucks. See Groeneveld Transport Efficiency, Inc. v. Lubecore International, Inc., Case Nos. 12-3545/3576 (6th Cir.) (PDF). The competing products … Continue Reading
Circuit splits. They play an important role in shaping the Supreme Court’s agenda. There are a number of reasons why the Supreme Court focuses on Circuit splits, including because: (1) the Constitution favors uniformity, (2) the Supreme Court seeks to discourage forum shopping, and (3) the Supreme Court is motivated by the desire to ensure … Continue Reading
As we reported two weeks ago, the Sixth Circuit on July 18 re-affirmed the certification of a liability-only class of Ohio consumers following the Supreme Court’s directive that it reconsider its previous affirmation of the same class in light of the decision in Comcast v. Behrend,133 S. Ct. 1426 (2013). See In re Whirlpool Corp. … Continue Reading
Last week, the U.S. Supreme Court, in its divided 5-4 decision in United States v. Windsor, No. 12-307 (U.S. Jun. 26, 2013) (PDF), struck down as unconstitutional the Defense of Marriage Act (“DOMA”), the federal statute signed into law by President Bill Clinton in 1996 that defined marriage as a union between one man and … Continue Reading
Last year, I posted a widely read article about ethics and professionalism in the Sixth Circuit that explored the myriad ethical duties belonging to appellate lawyers, including the duty of candor, the duty to disclose adverse authority, and the duty of competence. But the first ethical duty that I highlighted was one that arises before … Continue Reading
In a noteworthy decision earlier today involving the mootness doctrine and the scope of Rule 68 of the Federal Rules of Civil Procedure, the Sixth Circuit held that an offer of judgment does not moot a plaintiff’s claims where the defendant fails to offer the “entire demand” or “full relief” requested by the plaintiff. See Hrivnak … Continue Reading
Nearly two years ago, Amy Hocevar and I posted a video on our blog discussing the “ins and outs” of seeking en banc review of panel decisions in the Sixth Circuit and highlighting the various pitfalls to avoid. Our presentation was very well-received, as witnessed by the frequent phone calls and emails seeking advice on … Continue Reading
We’re all too familiar with them: Electronic filing mistakes in the Case Management and Electronic Case Files (CM/ECF) system (now adopted by every Circuit). They include everything from filing in the wrong case to submitting the wrong document. And we’re just as familiar with corrected electronic docket entries. As we all know, the CM/ECF system does … Continue Reading
Today has been an active day for legal challenges relating to the new health care statute. To start things off, the Sixth Circuit earlier this morning rejected the latest constitutional challenges to the so-called individual mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. … Continue Reading
Last year was an active year for the Sixth Circuit, particularly on its business docket. As you know from following our blog, the Sixth Circuit issued a number of key opinions in 2012 addressing class actions, expert opinions, white collar crime, franchise and intellectual property issues, and pleading standards. Although 2013 has started off slowly … Continue Reading
Below is a link to my recent interview on LXBN TV with host Colin O’Keefe of LXBN where I discuss the legal challenges to the so-called abortion and contraception mandate under the Patient Protection and Affordable Care Act, Public Law 111-148. As I highlight during the interview, there currently are over 40 lawsuits making their way through … Continue Reading
Earlier today, the U.S. Supreme Court ordered the Fourth Circuit to reconsider a constitutional challenge to the Patient Protection and Affordable Care Act, Public Law 111-148, brought by Liberty University. The Christian college, one of the largest in the country, argues that the health care statute’s mandate requiring employers to provide health care coverage for contraception … Continue Reading
The Sixth Circuit recently vacated a district court’s grant of a preliminary injunction preventing enforcement of Ruling 2010-4 by the Department of Treasury, Alcohol and Tobacco Tax and Trade Bureau, and it remanded the action to the district court with instructions to dismiss. Ruling 2010-4 deemed retailers that offered roll-your-own cigarette machines to be “manufacturers … Continue Reading
On Friday, a divided D.C. Circuit struck down as unconstitutional the U.S. Food and Drug Administration’s proposed color warnings on all cigarette packages depicting the negative health consequences of smoking. See Opinion, R.J. Reynolds Tobacco Co., et al. v. FDA, et al. (D.C. Cir. Case No. 11-5332). The warnings, which were formally unveiled by the … Continue Reading
Last week, the Sixth Circuit in Hargrow v. Wells Fargo Bank, NA, et al. (6th Cir. Case No. 11-1806) (PDF), held that banks are permitted to foreclose on homes in Michigan via advertisement under Michigan Compiled Laws § 600.3204 even if they do not own the underlying debt. The plaintiffs in Hargrow filed suit to … Continue Reading
It seems that everyone is a constitutional scholar today following the U.S. Supreme Court’s decision earlier this morning upholding the constitutionality of the Patient Protection and Affordable Care Act, Public Law 111-148. See Opinion, National Federation of Independent Business v. Sebelius (Sup. Ct. Case No. 11-393) (PDF). The Court’s landmark ruling is notable not only … Continue Reading
We are closing in on the one-year anniversary of the Sixth Circuit’s June 29, 2011 decision rejecting a constitutional challenge to the mandate requiring individuals to purchase health insurance under the Patient Protection and Affordable Care Act, Public Law 111-148. The Sixth Circuit was the first Circuit Court in the country to rule on the … Continue Reading
The Sixth Circuit yesterday entered an order denying Whirlpool Corporation’s en banc petition seeking review of a May 4, 2012 panel decision affirming class certification in a multi-district litigation involving alleged design defects leading to mold and mildew in certain front-load washing machines made by Whirlpool and sold to Ohio consumers. See Opinion, In re … Continue Reading
