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En Banc Court Sends Back Michigan Case on Emergency Cuts

Earlier this year, we previewed a Sixth Circuit en banc case regarding emergency measures taken in the City of Pontiac, Michigan to reduce and eliminate health care benefits of retired City employees.  Sua sponte raising state law issues, the prior panel told the district court to consider whether the City manager’s actions complied with Michigan … Continue Reading

En Banc Granted In ERISA Disgorgement Case

On Friday, the Sixth Circuit granted en banc review of Rochow v. Life Insurance Company of North America, 737 F.3d 415 (6th Cir. 2013), a controversial decision holding that a ERISA plaintiff that already recovered his benefit under Section 502(a)(1)(B) could also recover for unjust enrichment under Section 502(a)(3).  The benefit in this case was … Continue Reading

En Banc Sixth Circuit To Hear Michigan City Benefits Case in March

Legal fallout from a Michigan financial crisis will soon be before the en banc Sixth Circuit. Responding to the City of Pontiac’s deficits, Pontiac’s emergency manager modified collective bargaining agreements in 2011 to reduce retirement benefits for Pontiac’s retired employees. A Michigan statute granting him those emergency powers was later rejected by referendum. Retired employees … Continue Reading

A Split Sixth Circuit Reverses A $1,225,000.00 Jury Award In A Trade-Dress Case

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

The Ultimate Guide to En Banc Practice in the Sixth Circuit: What You Need to Know

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

Pair of Criminal Cases from Sixth Circuit Gather Headlines

Yesterday, a pair of criminal cases emanating from the Sixth Circuit received headlines.  In McQuiggin v. Perkins, the Supreme Court reviewed another habeas case from the Sixth Circuit concerning the actual innocence exception to AEDPA.  Although the Supreme Court vacated and remanded the Sixth Circuit’s decision applying the actual innocence exception to the statute of limitations, … Continue Reading

Beer and Wine Case May Be Headed to the Supreme Court on Dormant Commerce Clause Issues

Recent developments indicate that the last of the Sixth Circuit’s beer and wine cases we reported about last year may be headed for the Supreme Court.  Even if it doesn’t go up on cert, the case is an example that a well-focused petition for rehearing en banc can be an effective tool, even if it doesn’t actually result in … Continue Reading

Sixth Circuit Denies Whirlpool’s En Banc Petition in Front Loading Washer Case

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

BREAKING: Sixth Circuit En Banc Court Adopts New Standard For Proving Discrimination Under the ADA, But In A Bold Move Refuses To Adopt The Standard Followed By A Supermajority Of Circuit Courts

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

WHIRLPOOL SEEKS EN BANC REVIEW OF PANEL’S DECISION IN WASHING MACHINE LITIGATION

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

Sixth Circuit En Banc Court Currently Addressing Affirmative Action in College Admissions

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

En Banc Briefing Complete, Oral Argument Approaches in Michigan Affirmative Action Appeal

This post is the Sixth Circuit Appellate Blog’s latest update and analysis in a series that has been tracking developments in the ongoing, blockbuster appeal involving Michigan Proposal 2. Last summer, a divided panel of the Sixth Circuit struck down as unconstitutional Proposal 2, which prohibited Michigan’s public colleges and universities from granting “preferential treatment … Continue Reading

Sixth Circuit To Hear Michigan Affirmative Action Case En Banc

On September 9, 2011, the Sixth Circuit voted to rehear en banc the panel decision in Coalition to Defend Affirmative Action, Integration and Immigrant Rights and Fight for Equality by Any Means Necessary v. Regents of the Univ. of Michigan (6th Cir. Nos. 08-1387, 08-1389, 08-1534, 09-1111) (PDF).  With Judges Kethledge and McKeague having recused … Continue Reading

Sixth Circuit Moves Closer to Decision on Proposal 2 En Banc Petition

As this blog has previously reported, in late July Michigan’s attorney general filed a petition (PDF) for rehearing en banc in Coalition to Defend Affirmative Action, Integration and Immigrant Rights and Fight for Equality by Any Means Necessary v. Regents of the Univ. of Michigan (6th Cir. Nos. 08-1387, 08-1389, 08-1534, 09-1111).  In that case, … Continue Reading

En Banc Petition Filed in Michigan Affirmative Action Case

As anticipated, Michigan’s attorney general today filed a petition (PDF) for rehearing en banc in Coalition to Defend Affirmative Action, Integration and Immigrant Rights and Fight for Equality by Any Means Necessary v. Regents of the Univ. of Michigan (6th Cir. Nos. 08-1387, 08-1389, 08-1534, 09-1111).  As previously reported by this blog, on July 1, … Continue Reading

Sixth Circuit Facing Difficult En Banc Questions

Recently, the Sixth Circuit has handed down decisions in two of the most high-profile cases currently pending in the federal appellate courts.  First, as we previously reported, the Sixth Circuit upheld the federal health care statute in the wake of a number of constitutional challenges.  Second, a few days later, the Sixth Circuit struck down … Continue Reading

Sixth Circuit’s June 29 Decision Upholding the Health Care Statute is Generating Massive Commentary

In our BREAKING NEWS item on Wednesday, we were one of the first legal blogs to report on and analyze the Sixth Circuit’s high profile opinion in Thomas More Law Center, et al. v. Obama, et al. (Sixth Circuit, Case No. 10-2388), in which a divided panel upheld the constitutionality of the mandate requiring individuals to purchase … Continue Reading

Declining Rehearing, Sixth Circuit Lets $101 Million Verdict Stand

As the Sixth Circuit Appellate Blog previously reported, last month a panel of the Sixth Circuit affirmed a $101 million jury award based on a finding of tortious interference with a prospective advantage under Kentucky law. Defendant-appellant HCP, Inc. sought rehearing and rehearing en banc, arguing that the panel had incorrectly applied the law as to … Continue Reading

Just As We Predicted Back in March, the Sixth Circuit Grants Rehearing En Banc in the Lewis Case Involving Discrimination Claims Under the ADA

Back in March, when we reported on the Sixth Circuit’s decision in Lewis v. Humboldt Acquisition Corp, No. 09-6381 (6th Cir. Mar. 17, 2011) (PDF), we noted that Lewis was “one of those rare candidates for rehearing en banc.”  Our predictive powers proved accurate yesterday when the Sixth Circuit voted for a rehearing en banc in the Lewis … Continue Reading

Update on Abercrombie & Fitch Case On The Independence of Special Litigation Committees

  The Sixth Circuit has denied Abercrombie & Fitch’s petition for rehearing and en banc review of its decision in Booth Family Trust v. Jeffries (09-3443) that the voluntary recusal of a member of a special litigation committee served as an effective admission that he was not independent.  None of the active judges on the Court … Continue Reading
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