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Car Dealership That Sets Terms of Credit Must Comply With Equal Credit Opportunity Act

Under the Equal Credit Opportunity Act (“ECOA”), creditors who deny credit or change the terms of credit arrangements must notify applicants of the specific reasons why.  At issue in the Sixth Circuit’s recent decision in Tyson v. Sterling Rental, Inc. is whether a “middle man” like a car dealership is a “creditor” that must meet … Continue Reading

Just Approaching The Canadian Border Can Satisfy The Fourth Amendment’s Probable Cause Requirement For A Suspicionless Search

In D.E. v. Doe (15-2128), the Sixth Circuit upheld the conviction of a teenager who “took a wrong turn on his way to summer camp.”  When he reached the Canadian border, he asked permission to turn around without crossing the border—but had his car searched instead.  The opinion written by Judge Rogers holds that a … Continue Reading

Judicial Candidates and Free Speech

In a recent decision that affects judicial elections in Kentucky and throughout the Sixth Circuit (Winter v. Wolnitzek), a unanimous panel weighed eight provisions in Kentucky’s Code of Judicial Conduct against the First Amendment free speech rights of judicial candidates.   The specific provisions included prohibitions on (1) “campaign[ing] as a member of a political organization” … Continue Reading

Sixth Circuit Vacates $20 Million Arbitration Award

In an unpublished opinion Star Insurance Company vs. National Union Fire Insurance Company of Pittsburgh, PA, the Sixth Circuit vacated a judgment of the district court confirming an arbitration award for roughly $20 million.  To say that is an unusual outcome is an understatement, as courts generally confirm arbitration awards against all manner of challenges. … Continue Reading

Sixth Circuit Rejects College Athletes’ “Legal Fantasy”

The Sixth Circuit issued a short tongue-lashing this week, calling claims by former college athletes in Marshall v. ESPN, “a legal fantasy.”  Former basketball and football players brought a putative class action against college athletic conferences and TV networks, claiming a right to the licensing of their names and images in the television broadcast of … Continue Reading

Sixth Circuit Limits Successor Liability For Product Defects

When one company acquires another, the “successor” company is not automatically responsible for warning purchasers regarding alleged defects in products previously  sold by its predecessor.  In Holland v. FCA US LLC, the Sixth Circuit affirmed the district court’s grant of a motion for judgment on the pleadings in favor of a successor to an automobile … Continue Reading

Cloud Storage Trips Up Spyware Software Service Under The Wiretap Act

In Luis v. Zang (No. 14-3601), the Sixth Circuit held that a maker of monitoring software was potentially liable under federal and state Wiretap Acts—not for selling the software, but for saving the intercepted communications on its own servers.  The plaintiff claimed that the defendant Awareness Technologies, Inc. markets the WebWatcher brand as allowing customers … Continue Reading

Objections To Criminal Presentence Report Protected Against Discovery In Class Action

In Cyphert v. Scotts Miracle-Gro Co. (In re: Morning Song Bird Food Litig.), No. 15-3943, the Sixth Circuit imposed a high standard on class action plaintiffs seeking to use two sets of objections to a presentence report (PSR) in a criminal case against the corporate defendant.  The plaintiffs argued that the objections, which had been … Continue Reading

SIXTH CIRCUIT NIXES PROVIDER ERISA SUIT

In Brown v. Blue Cross Blue Shield of Tennessee, Inc., a healthcare provider brought suit against Blue Cross Blue Shield based on ERISA and assignments of benefits that the provider obtained from participants in the relevant plans.  Although the district court dismissed the action for lack of subject matter jurisdiction because the provider lacked standing … Continue Reading

The Sixth Circuit Likes to Play Logic Games

Yesterday, the Sixth Circuit released a decision that will surely strike close to the hearts of every attorney and law school student. In Binno v. American Bar Association, the court found that the ABA was not the responsible party for the plaintiff’s harm, which allegedly resulted from his experience with the LSAT. More specifically, Angelo … Continue Reading

SIXTH CIRCUIT FLIPS CLASS SETTLEMENT ORDER

One of the frequent givens in current civil litigation is a protective order that shields material produced in discovery.  Those orders often require the filing of certain material under seal.  The tension between public interest in open access to records and business interests in confidentiality/trade secrets came to a head in yesterday’s opinion, Shane Group, … 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

Sixth Circuit Rejects “Categorical” Approach To Class Action Settlements and Class Counsel Fees

Last week in Gascho, et al. v. Global Fitness Holdings, LLC, the Sixth Circuit addressed a laundry list of objections to a class action settlement on behalf of gym members who had been allegedly incorrectly charged certain fees.  The settlement made ~$15.5 million available to class members and awarded fees of $2.39 million to class … 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 Rules on $200,000 Back Pay Issue

On Wednesday, the Sixth Circuit issued its decision in Szeinbach v. The Ohio State University. The case centered on Szeinbach’s claim that she was discriminated against while she was employed as a professor with the Ohio State University College of Pharmacy. Szeinbach alleged that she was the victim of discrimination and retaliation stemming from her … Continue Reading
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