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Supreme Court GVRs Two Sixth Circuit Cases And Other Highlights from the Order List

The Supreme Court’s recent spate of high-profile decisions gives Court watchers much to process.  At this blog, we hope to explore many of those decisions as summer progresses.  In the meantime, we note a couple details from the Court’s Order List this week following its “clean-up conference.” I count 30 cases the Court granted, summarily … Continue Reading

En Banc Court Hears First Amendment Challenge to Campaign Finance Restriction

Congratulations are in order to the forty-something law clerks that swore in to the Sixth Circuit bar Wednesday.  That was a prelude to the court’s en banc argument on campaign finance restrictions in National Republican Senatorial Committee v. FEC.  The Committee challenges the constitutionality of part of the Federal Election Campaign Act that places limits … Continue Reading

Sixth Circuit Grants P.G. Sittenfeld Release from Prison Pending Appeal

Today, the Sixth Circuit took the relatively rare step of granting a criminal defendant’s release from prison before deciding the merits of his case.  That followed last week’s oral argument in the high-profile criminal appeal of Alexander “P.G.” Sittenfeld, the former Cincinnati City Councilperson.  Sittenfeld’s counsel closed his rebuttal argument by renewing his request for … Continue Reading

Sixth Circuit Reverses Grants of Preliminary Injunctions in Gender Dysphoria Cases

Yesterday evening, the Sixth Circuit issued a blockbuster decision in consolidated cases addressing the constitutionality of Tennessee’s and Kentucky’s laws limiting minors experiencing gender dysphoria from certain sex-transition treatments. Chief Judge Sutton wrote the majority opinion, which Judge Thapar joined. Judge White dissented. The majority and dissenting opinions cumulatively span over 70 pages.… Continue Reading

Sixth Circuit’s Denial of Rehearing En Banc Spawns Concurring and Dissenting Opinions

Yesterday, the Sixth Circuit issued a set of engrossing opinions accompanying its order denying the petition for rehearing en banc in United States v. Carpenter, No. 22-1198 (6th Cir. Sep. 18, 2023).  The order is noteworthy for, among other reasons, solidifying a circuit split on the interpretation of the last, restrictive clause in section 403(b) … Continue Reading

Academic focus on a pending Sixth Circuit appeal

The Sixth Circuit recently heard argument in L.W. v. Skrmetti, involving Tennessee’s law prohibiting healthcare providers from performing gender-affirming surgeries and administering hormones or puberty blockers to transgender minors.  The district court facially enjoined enforcement of the law as applied to hormones and puberty blockers and applied the preliminary injunction statewide.  Tennessee appealed and sought … Continue Reading

Sixth Circuit Holds that Insanity Acquittee Bears Burden of Proof in Seeking Continued Release After Violating Release Conditions

Squire Patton Boggs Summer Associate Taylor Lonas summarizes a recent opinion from the United States Court of Appeals for the Sixth Circuit holding that an insanity acquittee bears the burden of proof for showing, after violating the terms of his release, that his continued release would not “create a substantial risk” to the public.  18 … Continue Reading

The Sixth Circuits Rejects The “Juridical Link” Test For Class Actions

In Fox v. Saginaw County (No. 22-1265/1272), the Sixth Circuit rejected a class action where multiple defendants have identical policies, but the named plaintiff was only injured by one defendant.  Until recently, Michigan law permitted counties to obtain complete ownership of a property during a tax foreclosure, even if the value of the property far … Continue Reading

Panel Holds that Ohio Aggravated Burglary Statute Does Not Count as Predicate Violent Felony under ACCA. 

Co-authored by: Stephanie A. Darville & Shams H. Hirji About two weeks ago, the Sixth Circuit issued an important decision in United States v. White, No. 21-3209.  Judge White wrote the unanimous opinion for the Court, which was joined by Judge Moore and Judge Bush.  The Court held that an Ohio aggravated-robbery statute, R.C. § 2911.01(A)(1), … Continue Reading

States’ Title X Challenge Returns to Sixth Circuit

Readers of this Blog may recall that, earlier this year, we covered the Sixth Circuit’s decision declining to enjoin (pending appeal) a 2021 Health and Human Services Rule that does two notable things: (1) the Rule eliminates the prior Administration’s requirement “that grantees create strict physical and financial separation between their Title X programs and … Continue Reading

Sixth Circuit Opinion Reversed in Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita Inc.

The Supreme Court on Tuesday issued an opinion in Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita Inc., which reversed the Sixth Circuit’s October 2020 decision finding that DaVita Inc. plausibly asserted a claim against an Ohio hospital’s health plan for unlawfully discriminating against patients with end-stage renal disease by offering low reimbursement rates … Continue Reading

Potential Sea Change in Sixth Circuit’s Certification of FLSA Collective Actions

A Fair Labor Standards Act case is working its way through the Sixth Circuit and could have serious ramifications for FLSA plaintiffs in the Sixth Circuit.  In this post, we discuss the potential sea change that a decision in In re: A&L Home Care and Training Center, et al. could effect in the Sixth Circuit’s … Continue Reading

Opioid Update: Court denies pharmacies’ motion for certification of an interlocutory appeal

Earlier this week in the Opioid MDL, Judge Polster denied the defendant pharmacies’ motion for certification of an interlocutory appeal.  The defendants asked him to certify three issues for appeal:  (1) whether the Ohio Product Liability Act abrogated the public nuisance claim, (2) whether the Court properly handled a juror’s misconduct during the trial, and … Continue Reading

Sixth Circuit Awards Attorney Fees to Multiple Qui Tam Relators

Last week, a panel of the Sixth Circuit unanimously greenlighted an award of attorney fees for multiple qui tam relators who had entered into a settlement agreement with the government and defendants under the False Claims Act.  Judge Moore authored the Court’s opinion.  She was joined by Judge Clay and Judge Gibbons. The seven relators … Continue Reading

Vaccine Cases Step Out of the Shadows at High Court

An important development occurred yesterday evening in both the OSHA and CMS vaccine mandate cases pending before the Supreme Court.  The Court took the very rare step of scheduling a special hearing for both sets of cases.  The hearing will be held on Friday, January 7, 2022. In the OSHA mandate cases, the Court consolidated … Continue Reading

The Sixth Circuit Vacates The Stay Of OSHA’s Mandate, But OSHA Delays Implementation Until January

As you probably know by now, the Sixth Circuit vacated the stay of OSHA’s vaccine mandate on Friday evening, allowing OSHA to move enforce its regulation, with an substantial, careful opinion by Judge Stranch (who was joined by Judge Gibbons) finding that OSHA has the statutory authority to issue and enforce the emergency temporary standard.  … Continue Reading

Sixth Circuit emphasizes the importance of challenging an arbitration agreement’s delegation clause to allow a court to resolve the arbitration agreement’s enforceability.

Who decides whether parties to an arbitration agreement have to arbitrate their dispute?  If there’s a delegation clause, it’ll be the arbitrator—unless a party specifically challenges the delegation clause.   The Sixth Circuit issued a 2-1 decision in In re: StockX Customer Data Security Breach Litigation emphasizing this point and declining to rule on an arbitration … Continue Reading

Opioid Update: Jury verdict reached against defendant pharmacies in opioid MDL

Yesterday, the first bellwether trial in the opioid multidistrict litigation (MDL) came to a close with a jury verdict in favor the plaintiffs. In this case, Ohio’s Lake and Trumbull counties sued CVS, Giant Eagle, Walgreens, and Walmart, arguing that the pharmacies drove the opioid crises in the counties by oversupplying prescription opioids and were … Continue Reading

Initial En Banc Petitions, Procedural Possibilities, and the OSHA Vaccine Mandate.

It’s been only three days since the Sixth Circuit won the JPML lottery to consolidate and adjudicate every appeal nationwide challenging OSHA’s vaccine mandate. Yet there have already been interesting developments. Many petitioners in the original Sixth Circuit cases have now moved for initial en banc review—which would bypass panel review entirely and send the … Continue Reading

Invited Error, Erie, and Pleading Standards – What to Make of Smith v. General Motors?

The Sixth Circuit handed down a recent decision, Smith v. General Motors, that, on its face, could be construed as having a wide-reaching impact on the pleading standard for certain product-liability and fraud claims.  But the panel was careful to disclose the larger, admittedly “odd” context of the case, making it difficult to discern just … Continue Reading
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