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Opioid Update: Sixth Circuit reverses order certifying a negotiation class

The opioid MDL continues to generate significant decisions in the law of civil procedure. Arguably the most significant arrived last week in a much-anticipated ruling, when a divided panel issued a published opinion reversing the district court’s certification of a “negotiation class” in the case. Judge Clay wrote the majority opinion, joined by Judge McKeague, … Continue Reading

Sixth Circuit Defers to Real-World Umpires in Dismissal of Kentucky Derby Case

This post arrives (along with many more) thanks to Zach Young, a Cincinnati native and rising 2L at Stanford Law School, where he studies as a Knight-Hennessy Scholar. The Kentucky Derby is known as the fastest two minutes in sports. But—in federal court at least—the 2019 contest galloped on until last week. Last Friday (8 days … Continue Reading

Sixth Circuit Urges Broader Understanding of “Education” Under Title IX

This post arrives (along with many more) thanks to Zach Young, a Cincinnati native and rising 2L at Stanford Law School, where he studies as a Knight-Hennessy Scholar. He will be contributing to the Sixth Circuit Appellate Blog regularly this summer. The American humorist and writer Mark Twain once counseled: “Never let schooling interfere with your … Continue Reading

Sixth Circuit panel dismisses motion to enforce writ of mandamus

Several months ago this blog reported on Judge Kethledge’s opinion for the court that granted a writ of mandamus sought by retail pharmacy chain defendants in “Track One” of the opioid MDL. In that decision the Sixth Circuit directed the district court to strike the plaintiff counties’ amendments to their complaints (which contravened Rule 16(b) … Continue Reading

Sixth Circuit declines to stay injunction in Michigan ballot-access case

Note — This post arrives (along with many more) thanks to Zach Young, a Cincinnati native and rising 2L at Stanford Law School, where he studies as a Knight-Hennessy Scholar. He will be contributing to the Sixth Circuit Appellate Blog regularly this summer. Election and pandemic—2020’s strange bedfellows—continue to keep judicial chambers busy. Another virus-adjacent … Continue Reading

Sixth Circuit Holds Its TCPA Decision Not Impacted by Supreme Court’s Opinion in PDR Network

Recently a Sixth Circuit panel unanimously agreed in a published opinion that the 2019 Supreme Court decision, PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., does not impact the resolution of a circuit case reviving an unsolicited advertisement claim under the Telephone Consumer Protection Act (“TCPA”). The Sixth Circuit Case Matthew N. Fulton, D.D.S., … Continue Reading

Sixth Circuit Vacates Right-to-Literacy Ruling

Last month, we explained that the settlement between the plaintiffs and Michigan’s Governor Whitmer in Gary B. v. Whitmer might end up ultimately vacating the Sixth Circuit’s pathbreaking right-to-literacy ruling in that case.  The parties informed the Court of the settlement and the plaintiffs promised to file a motion to dismiss.  But some defendants had … Continue Reading

Coronavirus Update: PPP Guarantees Loans for Sexually-Oriented Small Businesses

The effects of the coronavirus pandemic continue to play out in unexpected ways, as this blog has covered on several occasions. Now the Sixth Circuit has ruled on loan guarantees under the Paycheck Protection Program for sexually-oriented businesses.  Can the Small Business Administration, consistent with long-standing agency policy, prohibit sexually-oriented small businesses from eligibility for … Continue Reading

Opioid Update: Judge Kethledge Reclaims Solitude—and Civil Procedure

Perhaps the most notable Sixth Circuit opinion of April—and almost certainly the most quotable—was Judge Kethledge’s opinion granting mandamus and reversing leave to amend in the opioid MDL. For a unanimous panel (Siler & Griffin, JJ.), the opinion followed the Circuit’s stay of Judge Polster’s discovery order back in February. That order would’ve required pharmacies … Continue Reading

Sixth Circuit Holds Due Process Guarantees Right To Access Literacy

A Sixth Circuit panel held last week, in Gary B. v. Whitmer, that the Fourteenth Amendment’s Due Process Clause guarantees a “right to access to literacy.” As a result, students in some of Detroit’s worst-performing public schools may pursue their claim for improved educational offerings—at least absent further appellate review. The district court dismissed the students’ due … Continue Reading

Cert Watch: Supreme Court to review split Sixth Circuit FTCA decision on election-of-remedies

The Supreme Court recently granted certiorari in Brownback v. King, agreeing to review a split decision from the Sixth Circuit (then styled King v. US) involving the contours of the Federal Tort Claim Act’s judgment bar.  The Court’s decision should help resolve confusion regarding whether plaintiffs should add FTCA claims to their Bivens actions. 28 … Continue Reading

Always. Check. Jurisdiction.

At the end of last month, the Sixth Circuit decided that two cases involving complex, multiparty litigation did not belong in federal court. Boal v. DePuy Orthopaedics, Inc. involved twelve consolidated suits brought by foreign plaintiffs and ultimately dismissed by the district court on the basis of the forum non conveniens doctrine.  The plaintiffs, all … Continue Reading

“Twisted” Path to New Trial for Dr. Paulus

A 2018 Sixth Circuit panel upheld a jury verdict convicting Dr. Richard Paulus of submitting fraudulent medical claims. That same panel, with 2020 hindsight(!), reversed that conviction. It held that the trial court’s order unconstitutionally blocked exculpatory evidence. Jury Verdict Set Aside The “twisted” history of the verdict began when a jury deadlocked twice and … Continue Reading

Sixth Circuit Issues ADA Work-from-Home Decision, Right Before We All Start Working from Home

As the world hunkers down and works from home during this COVID-19 crisis, a WFH accommodation decision from the Sixth Circuit feels timely. Though the decision predates social distancing and office closures, its relevance to the employer-employee relationship may outlast the coronavirus. In Tchankpa v. Ascena Retail Group, Inc., the Sixth Circuit affirmed the principle … Continue Reading

*Updated* Coronavirus Update: A Moving Target

This post reflects the latest news available to Ben Glassman, Ben Beaton, and others at Squire Patton Boggs. We expect the blog and the court’s website to continue updating litigants as the situation develops. Response to COVID-19 among the federal courts in the Sixth Circuit continues to evolve. Since yesterday’s post, the Middle and Eastern Districts … Continue Reading

Sixth Circuit Adds its Voice to the post-Janus Chorus: Good-Faith Defense Applies to Union “Fair-Share” Fees

This post is brought to you thanks to the help of friend-of-the-blog Kirk Mattingly, EIC of the University of Louisville Law Journal.  On Monday, the Sixth Circuit joined the Seventh and Ninth Circuits by ruling that the so-called “good faith” defense bars § 1983 claims that seek to recover “fair-share” fees collected under valid state … Continue Reading

Opioid Update: Sixth Circuit Stays National Dispensing Discovery—For Now

This post is brought to you thanks to the help of friend-of-the-blog Kirk Mattingly, EIC of the University of Louisville Law Journal.  Yesterday a Sixth Circuit panel (Siler, Griffin, Kethledge) stayed pharmacies’ production of national opioid dispensing data. With one exception: Ohio data that the court deemed “not so onerous” in light of an upcoming … Continue Reading

Opioid Update: Briefing Begins in Interlocutory Appeal of Negotiation-Class Ruling

Several national pharmaceutical distributors and Ohio cities have filed opening briefs in their Sixth Circuit challenge to Judge Polster’s novel “negotiation class” certification order. As this blog covered back in November, the court of appeals (Guy, Griffin, Kethledge) granted interlocutory review of the negotiation procedure. According to the distributors, the class creates conflicts of interest … Continue Reading

Bells Cannot Be Un-Rung: Gerrymandering Discovery Dispute Moot, Orders Vacated

In a short per curium opinion, the Sixth Circuit held that party officials’ appeal of an order compelling document discovery was moot after the court dismissed the gerrymandering challenge under the Supreme Court’s Rucho v. Common Cause decision. In its challenge to Ohio’s redistricting, the Randolph Institute compelled discovery from GOP officials and groups for … Continue Reading
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