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
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
As we previously reported, the Sixth Circuit did not have an en banc sitting in June of this year, which was somewhat unusual. Based on a recent article in the Michigan Bar Journal, however, this may be part of a trend. The recent article notes that the Sixth Circuit issued only two en banc decisions in … Continue Reading
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
Traditionally, the Sixth Circuit hears en banc cases twice a year, in early June and in December. Last week was the week when the Sixth Circuit generally holds its June en banc session. However, the court did not have a single en banc case on its docket for the June sitting. Apparently, the court had … Continue Reading
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
Following the Sixth Circuit’s ruling upholding a $101 million jury verdict last month in Ventas Inc. v. HCP, Inc. (6th Cir. Case Nos. 09-6385/6413) (PDF), a petition for rehearing and rehearing en banc has been filed. In its petition for rehearing (PDF), defendant-appellant HCP, Inc. (“HCP”) raises three issues — one for panel rehearing and … Continue Reading
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
Earlier this month, this Blog reported the Sixth Circuit’s decision in Booth Family Trust v. Jeffries (6th Cir. 09-3443) [PDF], which involved a shareholder derivative action against certain officers and directors of Abercrombie & Fitch Co. In Booth Family Trust, a divided panel ruled that the decision by a member of a special litigation committee … Continue Reading
The Sixth Circuit recently accepted Dixon v. Houk for en banc review. In that case, the police obtained a confession after five hours of interrogations without Miranda warnings, and then gave the Miranda warnings before obtaining a taped confession. The panel opinion, written by Judge Merritt, held that Missouri v. Seibert, 542 U.S. 600 (2004), … Continue Reading
The Sixth Circuit yesterday declined to adopt the rule followed in a supermajority of Circuits for bringing a discrimination claim under the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq. See Lewis v. Humboldt Acquisition Corp, No. 09-6381 (6th Cir. Mar. 17, 2011) (PDF). In at least ten other Circuits, a plaintiff … Continue Reading
On December 7, 2010, the Sixth Circuit granted a rare en banc hearing in Chapman v. United Auto Workers Local 1005 (6th Cir., Case No. 10-3616) (PDF), an appeal involving the administrative relief exhaustion requirement in labor grievances. En banc hearing was granted under Rule 35(a)(1) of the Federal Rules of Appellate Procedure, which permits … Continue Reading
As reported previously, the Sixth Circuit in Wimbush v. Wyeth become the first circuit to weigh in on the scope of the Supreme Court’s recent decision on federal preemption (Wyeth v. Levine ), by holding that FDA approval does not preempt state law negligence claims. Wyeth petitioned for rehearing en banc, but on October 14th the … Continue Reading
Counsel for plaintiffs in the Tamraz v. Lincoln Electric Company (pdf) has filed a petition for en banc review of the Court’s recent reversal of his $20.5 million verdict. In their petition, the plaintiffs claim that the majority (1) did not properly apply an abuse of discretion standard to the trial judge’s decision to admit the expert testimony at issue, … Continue Reading
As we reported earlier, Wyeth v. Wimbush was one of the first cases interpreting the Supreme Court’s decision in Wyeth v. Levine, and the first to extend Levine beyond failure to warn claims. Wyeth has now filed an en banc petition (pdf) challenging that decision. Wyeth argues that the claim that it was negligent during the … Continue Reading
The Sixth Circuit has affirmed dismissal of a public nuisance case brought by the City of Cleveland against various companies that financed subprime mortgages in pdf-City of Cleveland v. Ameriquest Mortgage Securities, Case No. 09-3608 (July 27, 2010). Given the recent increase of lawsuits against entities who are farther removed from the plaintiff’s ultimate injury … Continue Reading
