Earlier today in its en banc decision in Lewis v. Humboldt Acquisition Corp., No. 09-6381 (PDF), the Sixth Circuit unanimously overruled the standard set forth in its 16 year-old decision in Monette v. Electronic Data Systems Corp., 990 F.3d 1173 (6th Cir. 1996), which required a plaintiff bringing a discrimination claim under the Americans with … Continue Reading
As we previously reported back on May 4, 2012, a three-judge panel of the Sixth Circuit, relying heavily on the Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2451 (2011), affirmed class certification in a multi-district litigation involving alleged design defects leading to mold and mildew in certain front-load washing machines … Continue Reading
Last month in Toledo, Ohio, I had the privilege of conducting an exclusive video interview with General William K. Suter, Clerk of Court of the Supreme Court of the United States. You can watch my video interview below. General Suter was at The Toledo Club on April 20 as part of a luncheon and swearing-in … Continue Reading
Yesterday I had the opportunity to speak with Colin O’Keefe of LXBN TV to discuss the Sixth Circuit’s long-awaited opinion in the free speech challenge to the Family Smoking Prevention and Tobacco Control Act, Public Law 111-31, which gives the Food and Drug Administration the power to regulate tobacco advertising and marketing. See Opinion, Discount Tobacco … Continue Reading
Today is the big day at the U.S. Supreme Court. The Justices will begin hearing over 6 hours of oral arguments over the next three days on the constitutionality of the Patient Protection and Affordable Care Act, Public Law 111-148, including the constitutionality of the mandate requiring individuals to purchase health insurance. We have been … Continue Reading
The Sixth Circuit today issued its long-awaited opinion in the free speech challenge to the Family Smoking Prevention and Tobacco Control Act, Public Law 111-31, which gives the Food and Drug Administration the power to regulate tobacco advertising and marketing. See Opinion, Discount Tobacco City & Lottery v. United States (6th Cir., Case Nos. 10-5234 … Continue Reading
The Sixth Circuit is currently rehearing en banc the constitutionality of Michigan’s Proposal 2, which prohibits Michigan’s public colleges and universities from granting “preferential treatment to . . . any individual or group on the basis of race, sex, color, ethnicity, or national origin.” Back in July of 2011, a divided panel of the Sixth Circuit ruled … Continue Reading
Last summer, we brought you highlights from oral arguments at the Sixth Circuit in the free speech challenge to the Family Smoking Prevention and Tobacco Control Act, Public Law 111-31, which gives the Food and Drug Administration the power to regulate tobacco advertising and marketing. See Discount Tobacco City & Lottery v. United States (6th … Continue Reading
In addition to my active appellate practice, I have spent a substantial portion of my career focusing on the field of ethics and professionalism. Although these areas of law often intersect, I generally see little professional commentary on appellate ethics. Part of the reason, of course, is that appellate practice is very specialized, and there … Continue Reading
End-of-year countdowns are all the rage, and we thought it would be fitting to close out 2011 with a countdown for our loyal blog readers. Without further ado, I present to you the five most important areas of law addressed by the Sixth Circuit in 2011. No. 5 – More Rigorous Pleading Requirements In The … Continue Reading
There has been a long-standing split among the Circuits over when the time for removal runs in a multiple defendant case. The Third Circuit recently followed the Sixth Circuit in adopting the “later-served” rule for removing a case to federal court. See Opinion, Delalla v. Hanover Insurance (3d Cir. Case Nos. 10-3933, 11-1532). A defendant … Continue Reading
An hour ago, the U.S. Supreme Court granted certiorari in three separate cases on appeal from the Eleventh Circuit on the constitutionality of the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. See November 14, 2011 Order List (PDF), Department of Health and Human Services, … Continue Reading
A few hours ago, the D.C. Circuit upheld the constitutionality of the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. See Opinion, Seven-Sky, et al. v. Holder, et al., Case No. 11-5047 (D.C. Cir. Nov. 8, 2011) (PDF). In doing so, the D.C. … Continue Reading
If you have been following our blog for the last several months, you know that we’ve been covering all of the headline-making decisions in the legal challenges to the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. The Eighth Circuit is poised to … Continue Reading
In my breaking news post the other day, I reported on how the government filed its cert petition asking the U.S. Supreme Court to reverse the Eleventh Circuit’s high profile ruling striking down the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. Hours … Continue Reading
Yesterday we reported that the federal government decided not to seek en banc review of the Eleventh Circuit’s decision striking down the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. Today, the battle has moved to the U.S. Supreme Court in full gear. … Continue Reading
The challenge to the constitutionality of the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148, is making front page news today. That’s because the government has decided not to seek en banc review of the Eleventh Circuit’s decision striking down the individual mandate. … Continue Reading
Last Friday, the D.C. Circuit heard oral arguments in yet another lawsuit challenging the constitutionality of the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. See Seven-Sky v. Holder (D.C. Circuit, Case No. 11-5047). This is the fourth challenge to the individual mandate … Continue Reading
Judge Christopher C. Conner of the United States District Court for the Middle District of Pennsylvania ruled this week that the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148, is unconstitutional. See Opinion, Goudy-Bachman v. United States Department of Health and Human Services (M.D. … Continue Reading
Over the last several months, we’ve covered a number of topics dealing with en banc practice in the Sixth Circuit, including Pierre Bergeron’s posts on the dwindling number of Sixth Circuit en banc cases (only two en banc decisions last year) and the lack of an en banc sitting this past June (a month when … Continue Reading
The Fourth Circuit Court of Appeals yesterday rejected two challenges to the constitutionality of the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. Like the Third Circuit, and unlike the Sixth and Eleventh Circuits, the Fourth Circuit held that the challengers lacked standing. … Continue Reading
I was recently interviewed on the Voice of Russia international radio network to discuss the free speech challenge to the Family Smoking Prevention and Tobacco Control Act, Public Law 111-31, that is currently before the Sixth Circuit. As I reported last month, the Sixth Circuit recently heard oral argument on the constitutionality of the Act, which gives … Continue Reading
A divided Eleventh Circuit has just ruled that the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148, is unconstitutional. See Opinion, State of Florida, et al. v. United States Department of Health and Human Services, et al. (Eleventh Circuit, Case No. 11-11021). The Eleventh Circuit’s … Continue Reading
Below is the first in a new series of video blogs that we will be featuring on our appellate blog. The video blogs will give you an opportunity to meet the contributors behind the blog as they discuss topics of interest to you. We also plan to feature various guest interviews in the near future, … Continue Reading
