It’s been almost a decade since this blog discussed the likelihood that the Sixth Circuit would accept a discretionary appeal under 18 U.S.C. §1292(b). That the section that gives a district court the discretion to certify an order for appeal if the issue involves an important question of law for which there is substantial ground … Continue Reading
We keep up on statistics important to our clients, such as the time it takes to decide appeals, and we were especially interested to see how the pandemic had affected the Sixth Circuit. Our gut feeling was that things might have slowed down a little in more complicated cases, but that the circuit had generally … Continue Reading
The office of chief judge for any federal court is tricky. It involves a great deal of extra administrative work as well as the expectation—from the title, at least—that one is somehow “in charge” of the court. Yet the chief judge’s vote has no more weight than that of his or her colleagues, and because … Continue Reading
Prior posts have discussed the comparative rarity of certified questions of state law in the Sixth Circuit (here and here). This post gives practical pointers to improve your odds of success with certified questions both in the Sixth Circuit and in the state courts.… Continue Reading
The Sixth Circuit handed down a recent decision, Smith v. General Motors, that, on its face, could be construed as having a wide-reaching impact on the pleading standard for certain product-liability and fraud claims. But the panel was careful to disclose the larger, admittedly “odd” context of the case, making it difficult to discern just … Continue Reading
In our prior post, we noted that the Sixth Circuit seldom grants motions to certify questions of state law. And even though the circuit grants less than 20% of such motions, the questions still have to be accepted by the state supreme court. But the certification process is often a rough road. No recent case … Continue Reading
Nearly every state allows federal courts to certify questions of state law to obtain definitive answers from state supreme courts on unsettled issues of state law. The United States Supreme Court has explained that certifications “saves time, energy, and resources and helps build a cooperative judicial federalism.” All states, except North Carolina, have rules or … Continue Reading
The Sixth Circuit’s recent decision in Watkins v. Healy is an interesting read on its own: Ledura Watkins was released after 42 years in prison for a murder conviction that was overturned with the help of the WMU-Cooley Innocence Project. Watkins has now brought a 42 U.S.C. § 1983 civil rights suit against the alleged … Continue Reading
Happy New Year from everyone here at the Sixth Circuit Blog! We’re kicking off 2021 with some exciting news. Ben Beaton, my appellate practice co-chair who often graced these pages, was sworn in last month as a US District Judge for the Western District of Kentucky. We will miss Judge Beaton and his contributions to … Continue Reading
Those seeking a return to normalcy will be heartened to hear that the Sixth Circuit Judicial Conference, canceled due to the pandemic, has been rescheduled. Those seeking a cautious reopening will be heartened to hear that the Conference will be held in June…June 2021. From Chief Judge Cole: The Sixth Circuit Judicial Conference has been … Continue Reading
As federal courthouses limit their in-person operations because of COVID-19, telephonic oral arguments will become more common. Already the Second Circuit has announced that all of its oral arguments will proceed by teleconference until further notice. Similarly, the Seventh Circuit will hear oral argument by phone through April. For scheduled oral arguments in the D.C. … Continue Reading
Cincinnati’s federal courthouse–home to the Sixth Circuit–is closed for two weeks beginning today, as reported by the Cincinnati Enquirer. Though the federal courts basically continue to function (to the consternation of my wife, given the number of recent filings made with kiddos underfoot here at the SPB Ky office), the Potter Stewart courthouse and many … Continue Reading
Judge Nathaniel Jones passed away yesterday. He was a Cincinnati icon, having served as the first African American AUSA in the Northern District of Ohio, leading the civil rights litigation efforts of the NAACP during the 1970s, and serving on the Sixth Circuit for more than twenty years. For those wishing to review his career, … Continue Reading
On the eve of trial Monday morning, plaintiffs Summit and Cuyahoga Counties struck a deal worth $260 million. This avoided the first bellwether trial in the opioid multidistrict litigation before Judge Polster. The settlement extinguishes the counties’ claims against AmerisourceBergen, Teva, Cardinal Health, and McKesson. Walgreen’s did not settle, but its trial is pushed off … Continue Reading
Today the Sixth Circuit issued much-anticipated rulings rejecting bids by Ohio and the industry defendants to halt the upcoming opioid MDL bellwether trial. And as noted below, in other venues the opioid litigation has seen recent notable action from another key state plaintiff and Judge Polster. Sixth Circuit denies “drastic and extraordinary” mandamus relief – … Continue Reading
During October Term 2018 (“OT2018”), the Supreme Court reversed less than two out of every three cases – its lowest reversal rate in three years. The Sixth Circuit fared particularly well (4 affirmances, 3 reversals), joining the Eleventh and D.C. Circuits as the only circuits to post a winning record. Notably, the Court did not … Continue Reading
The Sixth Circuit activity continues to escalate as the MDL bellwether trial date approaches. In just the last week, since the Court of Appeals’ rare order requesting a response to Ohio’s mandamus petition, we’ve seen: Judge Polster respond—energetically—to Ohio’s mandamus petition, one day sooner than the deadline provided in the Court of Appeal’s order; Defendant … Continue Reading
Employers in the Sixth Circuit may want to review their employment contracts following a recent decision in which the court ruled that employers cannot contractually shorten the statutory limitations period for Title VII claims—except in the arbitration context. In Logan v. MGM Grand Detroit Casino, Judge Bush (with Judges Boggs and Gibbons joining) explained that Title … Continue Reading
As we covered in July, the country has its eyes on an Ohio opioid MDL handling more than 2,000 lawsuits brought by more than 1,200 cities, counties, and tribes against drug manufacturers, distributors, and pharmacies. Ohio Attorney General Dave Yost recently filed a mandamus petition at the Sixth Circuit Court of Appeals to enjoin District … Continue Reading
By Zak Lutz (HLS ’20; Squire Patton Boggs summer associate) and Benjamin Beaton Sixth Circuit judges have taken an interest in “corpus linguistics.” At a recent gathering in northern Kentucky, three Sixth Circuit judges engaged in an impromptu discussion of the interpretive tool. And last week, in Wilson v. Safelite Group, two other Sixth Circuit … Continue Reading
If you’ve got the money, I’ve got the time (for an infringement action) — Willie Nelson made an appearance at the Sixth Circuit last month—but alas, only in the briefs. The court heard argument in Philpot v. L.M. Communications, involving a radio station website’s unauthorized use of a photo of the Red-Headed Stranger. The district … Continue Reading
The Sixth Circuit wrapped up June with two weeks of oral arguments, some of which we’ll feature later this week. And the Circuit got a pat on the back from the Supreme Court, which affirmed its decision striking down a Tennessee liquor law under the “dormant” Commerce Clause. (Stay tuned for more on the Circuit’s … Continue Reading
Good Faith and Probable Cause: In another en banc decision, Judge John Rogers and eleven others held in United States v. Christian,that probable cause existed for Grand Rapids law enforcement to search the house of Tyrone Christian. As the affidavit detailed Christian’s four previous felony drug convictions, two previous drug busts at his house, and … Continue Reading
Note — This post (plus many others) arrives thanks to the hard work of Sixth Circuit Appellate Blog intern extraordinaire Barrett Block, a rising 3L at UK Law. Murphy’s (first) Law — Jurisdiction is often the first topic encountered by law students; fittingly, Judge Eric Murphy confronted it in his first published opinion as a Sixth … Continue Reading
