With the recent close of the Supreme Court’s October 2015 term, it is a good time to review how the Sixth Circuit performed over the course of the term. The Supreme Court reviewed 87 cases this term, but took only four cases from the Sixth Circuit. Of those four, three were reversed—an average reversal rate … Continue Reading
Recently, the Sixth Circuit was compelled to take a side of the jurisdictional split on the issue of whether a statute of repose can be tolled by a pending class action certification. The split arises out of the 1974 Supreme Court decision in American Pipe& Constr. Co. v. Utah, 414 U.S. 538 (1974), which held … Continue Reading
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
Former Sixth Circuit Judge Boyce Martin of Louisville has passed away. The Louisville Courier-Journal has a nice article about Judge Martin’s life here. One of Judge Martin’s more recent memorable decisions was his ode to bourbon in the Maker’s Mark case (which we certainly enjoyed). Several have commented about how spirited Judge Martin was at … Continue Reading
Earlier this week, the Supreme Court remanded Spokeo v. Robins to the Ninth Circuit on grounds that Article III requires “concrete” harm in order to maintain an action in federal court. We have been following the case here on the blog because, as noted previously, the Ninth Circuit’s decision in Spokeo relied on Sixth Circuit … Continue Reading
Two weeks ago, the jurisprudential ramifications of Justice Scalia’s passing were felt. The incomplete Court decided Hawkins v. Community Bank of Raymore, a case from the Eighth Circuit questioning whether a guarantor is an “applicant” as defined in the Equal Credit Opportunity Act. The Eighth Circuit decision in Hawkins, which held that a guarantor is … Continue Reading
On Monday, the Supreme Court heard oral argument in Spokeo, Inc. v. Robins, an important standing case. Although Spokeo itself is up from the Ninth Circuit, it bears noting that the Ninth Circuit’s opinion looks to, and relies upon, Sixth Circuit Article III jurisprudence, a backdrop that’s important to keep in mind for Sixth Circuit courts … Continue Reading
Some trial court judges are reluctant to apply foreign law or to enforce an international forum selection clause, but such decisions generally cannot survive appellate scrutiny. These decisions are becoming increasingly prevalent and may reflect the recent debate about whether and how American judges should apply to foreign law or defer to foreign proceedings. The … Continue Reading
The Affordable Care Act’s contraception mandate is back in the news. Last Friday, the Sixth Circuit made headlines when it joined six other Circuits in upholding the accommodation scheme for religious non-profits that object to the contraception mandate. See August 21, 2015 Opinion, Michigan Catholic Conference, et al. v. Burwell, et al. (6th Cir. Case … Continue Reading
A pair of recent Supreme Court decisions, Daimler AG v. Bauman, 134 S. Ct. 746 (2014) and Walden v. Fiore, 134 S. Ct. 1115 (2014) have substantially raised the bar for establishing personal jurisdiction over foreign defendants. In a brief unpublished opinion, Maxitrate Tratamento Termico v. Super Systems, Inc., the Sixth Circuit applied these cases … Continue Reading
Last week, in Wellness Int’l Network Ltd. v. Sharif, No. 13-935 (May 26, 2015), the Supreme Court held that a bankruptcy court can enter final judgment on “non-core” claims under 28 U.S.C. § 157 if the parties consent to that court’s jurisdiction. It overturned a decision by the Seventh Circuit that relied heavily on the … Continue Reading
In Collins Inkjet Corp. v. Eastman Kodak Co., the Sixth Circuit recently held that differential pricing—charging more for a product when the customer fails to buy a second “tied” product—constitutes unlawful tying only when the second product is effectively being sold for below-cost. In adopting this “discount attribution” standard, the court sided with the Ninth … Continue Reading
Last week, Motorola Mobility LLC petitioned the Supreme Court to review a recent adverse antitrust decision by the Seventh Circuit. In the appeal, Motorola claims that the Seventh Circuit is on the wrong side of a circuit split over the Foreign Trade Antitrust Improvements Act, but—perhaps more interestingly—has asked the Supreme Court to overturn the … Continue Reading
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
