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Who is Justice Joan Larsen?

In May 2017, Justice Joan Larsen was nominated to the Sixth Circuit seat being vacated by Judge David McKeague. Both of Michigan’s democratic senators returned blue slips supporting her appointment in August. The Senate Judiciary Committee favorably reported Justice Larsen’s nomination to the full Senate earlier this month, and yesterday Senator Mitch McConnell filed in … Continue Reading

Appellate Courts and Caseload Pressure

An interesting paper has been making the rounds discussing how appellate courts react to caseload pressure.  After September 11, 2001, the Second and Ninth Circuits had a large influx of immigration appeals that affect the other circuits, and the paper uses this as a “natural experiment.”   In his paper, Mr. Shay Lavie characterizes the Second Circuit … Continue Reading

Sixth Circuit Continues Trend of Limiting Information That May Be Filed Under Seal

Recently, in an unpublished decision, the Sixth Circuit illustrated that it was continuing last year’s trend in holding that district courts should allow parties to seal records only when compelling justifications exist. Danley v. Encore Capital Grp., Inc., No. 16-1670, 2017 U.S. App. LEXIS 3388 (6th Cir. Feb. 22, 2017).  As you may recall, the … Continue Reading

Sixth Circuit Labor Cases

Labor law and regulation has recently been a contentious topic of litigation and policymaking. That promises to continue through 2017, and we expect the Sixth Circuit to issue important decisions in this area. The Trump administration has pledged to loosen regulation on labor markets while, at the same time, making several public displays of reconciliation … Continue Reading

THE ELECTION’S IMPACT ON THE SIXTH CIRCUIT

While many people are evaluating the election’s impact on the Supreme Court, closer to home, President-Elect Trump will have a seat to fill at the Sixth Circuit. As we reported, President Obama nominated Kentucky Supreme Court Justice Lisabeth T. Hughes for the Sixth Circuit vacancy created by Judge Martin’s retirement. The Sixth Circuit seats are … Continue Reading

JUDGE BOGGS CELEBRATES 30 YEARS ON THE BENCH

Chief Justice John Roberts recently sent Judge Danny Boggs a letter congratulating him on 30 years of service as a Sixth Circuit judge.  Judge Boggs is the longest-serving active Sixth Circuit judge.  Next in seniority comes Judge Alice Batchelder, who will reach 25 years of service in December.  The longest judges currently serving are Senior … Continue Reading

SIXTH CIRCUIT UNVEILS NEW WEBSITE

The Sixth Circuit has recently released a link to the new website that it will launch on June 27, 2016.   The new website is based on a national model template for federal court websites, which some courts are already currently using. For example, the Seventh Circuit already uses this format. The new format promises to … Continue Reading

SCOTUS: Dismissal of Claim Under FTCA “Exceptions” Does Not Bar Second Suit

The Supreme Court unanimously affirmed the Sixth Circuit yesterday in Simmons v. Himmelreich, holding that the Federal Tort Claims Act’s “judgment bar” provision does not apply to claims that are dismissed under the “Exceptions” provision of the FTCA.  The FTCA permits plaintiffs to sue the federal government for certain torts committed by government employees.  But … Continue Reading

Judge Boyce Martin, Jr. Passes Away

Former Sixth Circuit Judge Boyce Martin of Louisville has passed away.  The Louisville Courier-Journal has a nice article about Judge Martin’s life here. One of Judge Martin’s more recent memorable decisions was his ode to bourbon in the Maker’s Mark case (which we certainly enjoyed). Several have commented about how spirited Judge Martin was at … Continue Reading

Judge Jones Publishes An Autobiography

In his new memoir, Answering the Call: An Autobiography of the Modern Struggle to End Racial Discrimination in America, former Sixth Circuit Judge Nathaniel R. Jones recounts his long history fighting for racial equality.  Judge Jones was the first African American assistant U.S. attorney, was the general counsel of the NAACP, and served for 23 … Continue Reading

Sixth Circuit Reinstates $15.6 Million Damage Award

On Friday, the Sixth Circuit reinstated a $15.6 million jury verdict awarded to Cranpark, Inc. in its promissory estoppel suit against Rogers Group, Inc. (“RGI”). In 1998, representatives from RGI and James Sabatine, the owner of Hardrives Paving and Construction, Inc. (“Hardrives”), for whom Cranpark is the successor-in-interest, met to discuss a possible joint venture … Continue Reading

Sixth Circuit Tackles Two Questions of First Impression Under CAFA

On Wednesday, the Sixth Circuit decided two issues of first impression, both of which related to the Class Action Fairness Act (“CAFA”). Graiser v. Visionworks of America, Inc., the plaintiff alleged that the company’s “buy one get one free” advertisement was misleading. The plaintiff waited until six months after its complaint to tell the defendant … Continue Reading

Supreme Court Affirmation Leaves More Questions than Answers

Two weeks ago, the jurisprudential ramifications of Justice Scalia’s passing were felt. The incomplete Court decided Hawkins v. Community Bank of Raymore, a case from the Eighth Circuit questioning whether a guarantor is an “applicant” as defined in the Equal Credit Opportunity Act. The Eighth Circuit decision in Hawkins, which held that a guarantor is … Continue Reading

The Connection between Caseload and Per Curiam Circuit Court Opinions

Nearly two years ago, we commented on the increasing frequency with which federal courts of appeals issue per curiam, and often short and unsigned, opinions. Specifically, we noted that the use of such opinions had increased significantly 2013, year over year. This increase was consistent with the general modern trend toward per curiam opinion.   This … Continue Reading

A “Single, Company-wide Time-shaving Policy” Can Consist Of “Multiple Methods” In FLSA Collective Action

Last week, in Monroe v. FTS, USA, a divided panel of the Sixth Circuit affirmed the certification of a class of workers as sufficiently “similarly situated” under the Fair Labor Standards Act, holding that they were subject to “a single, company-wide time-shaving policy,” even though time was shaved via three separate methods. Some managers simply altered … Continue Reading

Sixth Circuit Strikes Down Ohio Political False-Statements Laws

Last week, in Susan B. Anthony List v. Driehaus, the Sixth Circuit applied United States v. Alvarez to strike down Ohio’s political false-statements laws. The provisions in question prohibited knowingly or recklessly making false statements with the intent of affecting the outcome of an election.  The statute specifically identified certain types of false statements as … Continue Reading

A Review of Judicial Vacancies

While all eyes are currently on a vacancy at the Supreme Court, we should not overlook circuit-level vacancies.  Not including senior judges, the Sixth Circuit has positions for 16 judges, but with one vacancy, only has 15 active judges. The vacancy, created when Judge Martin retired on August 16, 2013, has existed on the court … Continue Reading

Sixth Circuit Agrees to Hear Challenge to Clean Water Act

On Monday, the Sixth Circuit agreed to hear challenges to a controversial rule redefining the federal government’s jurisdiction under the Clean Water Act. Industry and environmental groups have argued that it would be better for the nearly 20 lawsuits filed regarding the rule to be decided at the district level. In Murray Energy Corporation v. … Continue Reading

Sixth Circuit Oral Argument Statistics

In the 12 months ended June 30, 2015, the Sixth Circuit terminated 4,858 cases. Of the total cases terminated, 3,515 were terminated on the merits, meaning that they were terminated either through consolidation with another case, after the submission of the parties’ briefs, or after oral argument. A review of the judicial statistics surrounding the … Continue Reading
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