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
No arguments at the court last week, but we received 13 published opinions and 9 unpublished opinions. Plus, as we’ll discuss later this week, one white-hot denial from en banc review that produced four separate opinions. Here’s what you may have missed: A substantively unreasonable sentence – A divided Sixth Circuit panel vacated the sentence … Continue Reading
We are pleased to announce that Squire Patton Boggs’ appellate practice group has two new co-chairs: Benjamin Beaton and Lauren Kuley. Lauren and Ben have deep experience with winning big appeals and critical motions in courts around the country. They follow Pierre Bergeron who, our readers know, is now a judge on the Ohio First … Continue Reading
Showing no signs of a Kentucky Derby hangover (or any follow-on litigation, at least not yet), last week the court wrapped up arguments during the second half of its May sitting. Your quick recap: A rational basis for suspended licenses – In a blow to con-law professors and indigent drivers, a divided panel held in … Continue Reading
“How long will my appeal take?” A question clients always ask and lawyers often resist (and which always depend heavily on the individual facts of the case). But the data also shows that the average has continued to decline in the Sixth Circuit. In 2011, the average Sixth Circuit appeal took 15.5 months from the … Continue Reading
Sixth Circuit Judge Damon J. Keith died this weekend at the age of 96. He served on the Sixth Circuit for over 40 years. A civil rights icon, he issued notable opinions addressing racial desegregation in public education, warrantless Nixon-era wiretaps, and blanket secrecy for deportation hearings of terrorism suspects after 9/11. In remembrance, the … Continue Reading
Recently we discussed academic criticism claiming that circuit courts may respond to increased caseload pressure by spending less time per case or lengthening the appeals process. We found evidence suggesting that this is not occurring at the Sixth Circuit. One interesting side note that our analysis showed is that the percentage of written decisions has … Continue Reading
When welcoming his (many) new colleagues, Judge Sutton has sometimes mentioned his court’s long-lost nickname: “The Learned Sixth.” Many of its earliest judges—Taft, Day, Lurton, Howell Jackson—served as diplomats or law school deans, cooled their heels at the Sixth Circuit, and proceeded to the Supreme Court. Is the Sixth Circuit recovering its name and reputation? … Continue Reading
As appellate attorneys, one of the most frequent questions we are asked is the chances of reversal. The likelihood of obtaining a reversal on appeal is always a very individual question—it requires a close look at the facts of the case and the legal questions raised by the appeal, and a host of other factors. … Continue Reading
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
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
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
As we predicted last November, President Trump will announce today that he is nominating Judge Amul Thapar for one of the two open seats on the Sixth Circuit. Judge Thapar is currently serving as a district judge in the Eastern District of Kentucky, and formerly served as the U.S. Attorney for that district. He is … Continue Reading
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
Judge Danny J. Boggs recently took senior status, creating a second vacancy on the Sixth Circuit. Judge Boggs has served the Court for over 30 years, including as Chief Judge, and he was appointed by President Reagan. Recent press reports highlight Judge Boggs’ career and accomplishments. But perhaps Judge Boggs is most famous for the … Continue Reading
