Archives: Recent Cases

Subscribe to Recent Cases RSS Feed

Panel Rehearing Granted On TCPA Agency Principles

The Sixth Circuit has granted a rare panel rehearing in Lucas v. Telemarketer Calling from (407) 476-5680 & Other Tel. Nos., a case filed under the Telemarketing Consumer Protection Act.  Our sister SPB blog, TCPAWorld, one of the web’s leading sources for intelligence and lawyering on TCPA defense, has a detailed post here.  The panel … Continue Reading

Sixth Circuit certifies Pennsylvania security-screening comp question

Several suits by Amazon workers seeking pay for time spent in security screening have been consolidated in a multidistrict litigation in the Western District of Kentucky. In one of the putative state-law class actions, Pennsylvania-based workers argue that under the Pennsylvania Minimum Wage Act, Amazon owes them for the several minutes per shift they spend … Continue Reading

Opioid Update: Sixth Circuit Won’t Halt Bellwether Trial (and more)

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

Sixth Circuit Eliminates Contractual Limitations Periods For Title VII Claims

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

Opioid Update: 6th Circuit Orders Mandamus Response from Judge Polster, Bellwether Counties

If anyone doubted the Sixth Circuit was paying close attention to the opioid MDL, that’s been put to rest. Today, in a short order issued by Circuit Clerk Deborah S. Hunt, the Sixth Circuit requested a response to the Ohio AG’s mandamus petition, supported by many states and the U.S. Chamber, seeking to enjoin the … Continue Reading

Sixth Circuit’s Plain-Meaning Approach to Foreign Arbitration Discovery

Parties may now seek discovery from district courts within the Sixth Circuit for use in foreign private arbitrations. In Abdul Latif Jameel Transportation Company v. FedEx, a unanimous panel held that the plain meaning of the phrase “foreign or international tribunal” included non-governmental tribunals. The decision addresses an important foreign-discovery provision that, according to some … Continue Reading

Sixth Circuit: Bank Fraud Requires … a Bank

A divided Sixth Circuit panel overturned the convictions of two alleged fraudsters because the government failed to prove that they intended to obtain property from a bank (technically, a “financial institution,” under 18 U.S.C. §1344).  Back in the heady 2000s, the defendant homebuilders in the companion cases of U.S. v. Banyan and U.S. v. Puckett … Continue Reading

Bargaining from Scratch is Alright. Sometimes.

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.  In Hendrickson USA, LLC. v. National Labor Relations Board, a divided Sixth Circuit panel revisited one of the oft-litigated phrases in labor law: “bargaining from scratch.”  The … Continue Reading

July Wrap-Up: First Amendment Arrest Edition

The Sixth Circuit wrapped up July with two decisions addressing similar protest-arrest claims under the First Amendment.  But the panel opinions and outcomes looked quite different. Parma police parody: Anthony Novak was fed up with the Parma Police Department. So he created a “farcical Facebook account” (i.e., “meme” page) designed to look like the police … Continue Reading

June Wrap-Up: Opioid non-disclosure and Obamacare non-discrimination

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

En Banc Watch – New Decisions on Probable Cause and Sentencing Commission Authority

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

En Banc Watch: Fight Over Substantive Due Process Sees Court Refuse to Rehear Flint Water Case

The Sixth Circuit denied Flint, Michigan’s petition for en banc review of a panel decision allowing citizens exposed to contaminated water to sue city and state officials. The order drew two concurrences, one dissent, and plenty of skepticism about the plaintiffs’ case—which is nevertheless allowed to proceed in the district court. The plaintiffs’ theory is … Continue Reading

Last Week at the 6th Circuit: Substantive unreasonableness, maiden voyages, and railroaded state law

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

Sixth Circuit Vacates Convictions Due to “Flagrant Misconduct” by Prosecutor

On Wednesday, the Sixth Circuit vacated the convictions of two defendants charged with possession with intent to distribute methamphetamine.  Although there was sufficient evidence to support their convictions, the Court held—on plain error review—that certain “remarks made by the prosecutor rose to the level of flagrant misconduct and deprived [defendants] of a fair trial.” Writing … Continue Reading

Last week at the Sixth Circuit: Suspended licenses, (Dis)honor Codes, and Re-redistricting

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

Sixth Circuit Issues Interesting Decision on Use of Representative Evidence in FLSA Collective Actions

Earlier this week, the Sixth Circuit released an interesting opinion addressing the use of representative evidence in “collective actions” brought under the Fair Labor Standards Act. As discussed below, the Court held that uniform testimony from dozens of individual employees can establish liability without the need for statistical evidence. At the same time, the decision … Continue Reading

Sixth Circuit Amends “Chalking” Decision to Clarify Scope

Earlier this week, the Sixth Circuit issued a decision addressing a constitutional challenge to the practice of “chalking” the tires of parked cars for parking enforcement purposes. As we noted, that decision garnered a lot of attention from the national media. Yesterday, the Court issued an amended opinion clarifying the scope of its ruling. The … Continue Reading

Sixth Circuit Erases Chalking of Parked Cars

It’s not often that a dispute over parking tickets ends up in federal court. But that’s exactly what happened this week in Taylor v. City of Saginaw – a case that has already drawn the attention of the national media. Taylor involved a challenge to “a common parking enforcement practice known as ‘chalking,’ whereby City parking … Continue Reading

Sixth Circuit Rules on Turbulent Air-Line Merger

In an opinion colored by aviation-themed puns, Judge Thapar, writing for the Sixth Circuit in Flight Options, LLC v. Int’l Bhd. of Teamsters, Local 1108, ordered airlines and pilot unions to arbitrate their long-running dispute. A few years ago, two luxury airlines merged, leading to a spate of litigation. Most recently, the airlines attempted to … Continue Reading

Split Panel of the Sixth Circuit Holds that Written Policy Trumps Company’s Actual Practices

In Stein v. hhgregg, a split panel of the Sixth Circuit held that a written policy would trump the company’s actual practices. hhGregg employs retail sales employees that are paid under a “draw-on-commission policy.” Under that policy, sales employees are paid on the basis of commissions only. If after dividing the employee’s weekly commission by … Continue Reading

Managing A Corporation Located In Michigan Can Create Personal Jurisdiction

In MAG IAS Holdings, Inc. v. Schmuckle (No. 16-1550), the Sixth Circuit issued its first published decision interpreting the reach of specific jurisdiction under Walden v. Fiore, 134 S. Ct. 1115 (2014).  The panel held that Walden stands for the idea that “an out-of-state injury to a forum resident, standing alone, cannot constitute purposeful availment” … Continue Reading

Split Panel of the Sixth Circuit Holds that Cat’s Paw Theory Applies to FMLA Retaliation Claims

Last week in Marshall v. Rawlings, a split panel of the Sixth Circuit held that the cat’s paw theory of liability applies to FMLA retaliation claims.  In Marshall, an employee was fired after using FMLA leave.  The employee sued for FMLA retaliation, ADA discrimination, FMLA interference, and intentional infliction of emotional distress.  The district court … Continue Reading

Sixth Circuit Clarifies Exhaustion Requirement in ERISA Suits

In Hitchcock v. Cumberland University 403(b) DC Plan, the Sixth Circuit decided what could be a very important case in ERISA litigation. Practitioners are familiar with the common injunction upon plaintiffs to exhaust administrative remedies before they seek relief in court, as well as the limited and narrow exceptions to that requirement. But the question … Continue Reading
LexBlog