The U.S. Supreme Court unanimously reversed the Sixth Circuit yesterday in a securities fraud action brought against Omnicare, Inc., a Cincinnati pharmaceuticals services company, under Section 11 of the Securities Act of 1933, 15 U.S.C. § 77k. See Omnicare Inc. v Laborers District Council Construction Industry Pension Fund, Case No. 13-435 (2015) (PDF). In siding … Continue Reading
On Monday, the Supreme Court issued its new round of orders from its February 27 conference. Among them was the denial of a petition for certiorari in a massive antitrust class action lawsuit—“likely the largest ever certified and upheld by a federal court of Appeals”—against manufacturers of polyurethane foam. In Carpenter Co. v. Ace Foam (aka … Continue Reading
Although the Supreme Court has not issued any merits opinions on Sixth Circuit cases before the High Court since we covered M&G Polymers USA v. Tackett here, the Court did issue a new round of orders on Monday. Most notably, the Court did not grant certiorari in any new cases. In particular, this means that … Continue Reading
The issue of unpublished opinions has received extra attention this past week thanks to a dissent to a denial of certiorari by Justice Thomas. His opinion criticizes the Fourth Circuit for using an unpublished opinion to allow itself to decide important cases without create binding law. Though much of the media censure of the Fourth … Continue Reading
Yesterday, in an unpublished opinion, the Sixth Circuit refused Rule 23(f) certification of an antitrust class action. In re VHS of Michigan, Inc. The Sixth Circuit had previously remanded this case for the district court to revisit its class certification decision in the wake of the Supreme Court’s decision in Comcast. The district court, however, … Continue Reading
In M&G Polymers USA v. Tackett, the Supreme Court reversed the Sixth Circuit’s longstanding decision in International Union, United Auto, Aerospace, & Agricultural Implement Workers of Am. v. Yard-Man, Inc., 716 F. 2d 1476 (1983), which created an inference that, in the absence of evidence to the contrary, collective bargaining agreements intend to vest retirees … Continue Reading
The Sixth Circuit is in the national media spotlight this afternoon. The U.S. Supreme Court has just agreed to review the Sixth Circuit’s landmark (but divided) ruling from November 6 that upheld same-sex marriage bans in Ohio, Michigan, Kentucky, and Tennessee. See Opinion (6th Cir. Case Nos. 14-1341; 3057; 3464; 5291; 5297; 5818). The stage is … Continue Reading
In an order issued Monday (starting on page 27), the Supreme Court denied certiorari in the recent Sixth Circuit case of Kalamazoo County Road Commission v. Deleon. In so doing, the Court allowed the Sixth Circuit’s decision denying summary judgment for the defendant employer to stand. However, Justice Alito authored a strenuous dissent from the denial of certiorari, stating … Continue Reading
This is the second in a series of posts discussing Tyler v. Hillsdale, the first case since Heller to strike down a federal gun law. The first post is here. One of the four “potential limiting principles” the Court offered for its Second Amendment analysis, is that Section 922(g)(4)—which permanently bars those previously involuntarily committed … Continue Reading
In Tyler v. Hillsdale Cnty. Sheriff’s Dep’t, a case sure to draw attention nationwide, the Sixth Circuit held today that “’a prohibition on the possession of firearms by a person “who has been committed to a mental institution,’ . . . violates the Second Amendment.” The court held that the the plaintiff, who “[t]wenty-eight years … Continue Reading
The Supreme Court granted cert last Friday in the case of Bullard v. Hyde Park Savings Bank, in which the First Circuit held that an order denying confirmation of a reorganization plan is not a “final judgment” and therefore not appealable. The First Circuit’s decision agreed with five other circuits, including the Sixth Circuit, and … Continue Reading
Although not on direct appeal from the Sixth Circuit, the Supreme Court will hear oral argument today in a criminal case that will resolve a division between the Sixth and Ninth Circuits over what standard of “intent” should be applied to a criminal defendant charged under a law that makes it a crime to “transmit … Continue Reading
A Sixth Circuit panel unanimously held last week in Williams v. City of Cleveland that pretrial detainees forced to “undress in the presence of other detainees and to have their naked genitals sprayed with delousing solution” stated a viable claim under § 1983 and the Fourth Amendment. Judge Griffin wrote the opinion in which Judges Siler … Continue Reading
Pending before the Supreme Court for its conference last Friday was a request for certiorari in the recent Sixth Circuit case of Dean Foods Company v. Food Lion, LLC. In an order issued today, the Supreme Court denied certiorari and allowed the decision to stand without further comment. Dean Foods (also known as In re Southeastern … Continue Reading
The Sixth Circuit has been in the national media spotlight following last Thursday’s high-profile decision upholding same-sex marriage bans in Ohio, Michigan, Kentucky, and Tennessee. See Opinion (6th Cir. Case Nos. 14-1341; 3057; 3464; 5291; 5297; 5818). We covered the Sixth Circuit’s decision here only hours after it was decided. The Court’s decision is the first … Continue Reading
Major news coming out of the Sixth Circuit today. In a landmark (but divided) ruling, the Sixth Circuit has upheld same-sex marriage bans in Ohio, Michigan, Kentucky, and Tennessee. See Opinion (6th Cir. Case Nos. 14-1341; 3057; 3464; 5291; 5297; 5818). As we previously have covered, district courts in each of these four states had ruled … Continue Reading
On Monday, the Supreme Court granted certiorari in Henderson v. United States, a case that the Eleventh Circuit decided earlier this year. Although the case comes from Florida, its outcome will impact the Sixth Circuit as well. The issue in the case centers around whether the rule that “seized property, other than contraband, should be … Continue Reading
In a significant decision on federal securities pleading standards, the Sixth Circuit—led in this case by Judge Karen Nelson Moore—has attempted to clarify the previously and self-admittedly “muddied” waters of pleading standards in securities litigation. Last year, the Sixth Circuit diverged from the Second and Ninth as to whether § 11 of the Securities Act … Continue Reading
We posted previously on some Sixth Circuit cases that will get attention from the Supreme Court this term. In addition to those, the Supreme Court granted cert last week in another case of interest from within the Circuit – the Ohio Supreme Court’s 4-3 decision in Ohio v. Clark, which held that a preschooler’s identification … Continue Reading
Earlier this morning, the U.S. Supreme Court denied seven cert petitions from five states, including Utah, Oklahoma, Virginia, Wisconsin, and Indiana, seeking review of rulings from the Fourth, Seventh, and Tenth Circuits striking down bans on same-sex marriage. The High Court’s timing is uncanny because it was exactly two months ago today (August 6) that … Continue Reading
The Supreme Court granted certiorari in ten cases today, three of them from the Ninth Circuit and two from the Fifth. It also accepted review of the Sixth Circuit’s decision in Coleman v. Tollefson (13-1333), which held that the district court properly denied pauper under the Prison Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g), … Continue Reading
Yesterday, the Supreme Court stayed an Ohio district court’s preliminary injunction that would have allowed early in-person (EIP) voting in Ohio to start today. A Sixth Circuit panel upheld the injunction in a lengthy opinion last week, which we covered here. Although Justice Kagan had denied the State of Ohio’ application to intervene as a … Continue Reading
During the last five days, a media spotlight has been cast on the Sixth Circuit as legal pundits and observers try to dissect last Wednesday’s oral arguments in the same-sex marriage appeals before the Court. The three-judge panel which heard the appeals included Judges Martha Craig Daughtrey of Tennessee, Jeffrey Sutton of Columbus, and Deborah … Continue Reading
The Supreme Court has held in Am. Elec. Power Co., Inc. v. Connecticut that the CAA preempts tort claims under federal common law and in International Paper Co. v. Ouellette that the Clean Water Act does not preempt state common law claims under the law of the state that is the source of the alleged pollution. … Continue Reading
