The Sixth Circuit just held that Michigan’s talk-therapy ban infringes free speech. Pending at the Supreme Court is the constitutionality of Colorado’s equivalent law. That case, Chiles v. Salazar, was argued in October. And the Sixth Circuit panel could fairly foreshadow the justices’ upcoming decision. Judge Kethledge and Judge Larsen formed the majority with Judge … Continue Reading
A recent Sixth Circuit decision by Judge Murphy highlighted that sometimes the decisive antitrust issue is identifying who was harmed and where they sit in the distribution chain. In Academy of Allergy & Asthma et al. v. Amerigroup Tennessee, Inc, the court affirmed that a provider’s federal antitrust claims were too indirect to recover under … Continue Reading
An “an assortment of legal and regulatory actions” has spun off from the high-profile corruption prosecution and conviction of former Ohio House Speaker Larry Householder. Back in 2016, the Ohio General Assembly passed legislation designed to bail out energy giant FirstEnergy from dire financial straits. Speaker Householder accepted a hefty campaign bribe to see the … Continue Reading
The Sixth Circuit’s recent decision in Estate of Donovan L. Lewis v. City of Columbus sheds light on important issues relating to the collateral order doctrine and third parties’ rights to intervene. The underlying merits of the case involve a Monell claim under Section 1983 that the Columbus police department maintains policies and customs of … Continue Reading
“Let’s Go Brandon” was the message on the sweatshirts two siblings wore to middle school. Everyone knows what that phrase means – including their teachers, so the school required the boys to change clothes. That left their mother unhappy; she sued the school for silencing her kids. This week, a divided Sixth Circuit panel sided … Continue Reading
Each year, more than 8,000 people are convicted for unlawful possession of a firearm under 18 U.S.C. § 922(g). About 90% of those cases arose from gun possession by a felon. Firearm prosecutions are reportedly “the third most common federal offense.” Such prosecutions are even more common in some districts, including the Middle District of … Continue Reading
The “maxim that wrongdoers may not profit from their wrongs” is having a big week at the Sixth Circuit. In two cases—one about ERISA, the other about restitution—sons betrayed their mothers for financial gain. The facts in these cases are devastating, though the legal issues are fascinating nonetheless. In short, the murderer lost, but the … Continue Reading
In Department of Education v. Louisiana, the Supreme Court issued a rare August opinion to maintain two preliminary injunctions that block the Department of Education’s new rule. That rule expands Title IX to prevent sexual-orientation and gender-identity discrimination. State coalitions brought challenges; district courts in Louisiana and Kentucky enjoined the rule during the litigation; the … Continue Reading
A Tennessee law prevents changing one’s designation of sex on his or her birth certificate, even if that person has changed gender identity on other official documents as in life. In Gore v. Lee, the Sixth Circuit affirmed this law’s constitutionality. This decision is best understood in tandem with another gender-rights case from Tennessee: L.W. … Continue Reading
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
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
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
Tomorrow marks the first Saturday in May, so the sporting world will turn its attention to Louisville, Kentucky for the 150th running of the Kentucky Derby at Churchill Downs. Perhaps $200 million will be wagered on “the fastest two minutes in sports.” And while the Derby is “the most storied race of them all,” West … Continue Reading
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
Earlier this week, we blogged about the social media censorship cases that have been working their way through various courts of appeals, including the Sixth Circuit, and how one of those cases – the Fifth Circuit case – has now landed on the Supreme Court’s emergency docket. As a reminder, the Sixth Circuit held that … Continue Reading
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
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
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
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
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
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
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
Nearly two years ago, a panel of the Sixth Circuit declined to let the Kentucky Attorney General intervene in a Sixth Circuit case to defend a Kentucky law. About a week ago, the Supreme Court reversed and remanded. This post considers likely next steps. The case began as a constitutional challenge to House Bill 454, … Continue Reading
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
