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Spokeo, Standing, and the Sixth Circuit

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

Foreign Law In the Sixth Circuit

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

Sixth Circuit Follows Six Other Circuits In Upholding Obamacare’s Contraception Mandate Accommodation Against Religious Freedom Challenge

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

Sixth Circuit Illustrates the Challenges of Establishing Personal Jurisdiction in the Wake of Daimler and Walden

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 In a brief unpublished opinion, Maxitrate Tratamento Termico v. Super Systems, Inc., the Sixth Circuit applied these cases … Continue Reading

Supreme Court’s Wellness Opinion Effectively Overturns The Sixth Circuit’s Decision On Bankruptcy Court Jurisdiction in Waldman

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

“Tying” Products Via Discount Only “Unlawful” When Second Product Sells Below Cost

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

High Court Asked to Tackle Non-Random Case Assignments; Sixth Circuit Already Uses Them

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

U.S. Supreme Court Unanimously Reverses Sixth Circuit in Closely Watched Securities Fraud Case

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

SCOTUS Watch: Supreme Court Denies Certiorari in Massive Sixth Circuit Antitrust Case

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

Justice Thomas, The Fourth Circuit, And Circuit Courts Acting Like Certiorari Courts

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

On Remand From Comcast, Sixth Circuit Refuses Class Certification Appeal

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

Supreme Court Overturns The Sixth Circuit’s Yard-Man Presumption

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

BREAKING NEWS: U.S. Supreme Court Agrees To Review Sixth Circuit’s November 6 Decision Upholding Same-Sex Marriage Bans

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

SCOTUS Declines to Hear Sixth Circuit Discrimination Case

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

Do Mental Health-Based Gun Restrictions Punish Mental Illness And/Or Involuntary Commitment?

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

Sixth Circuit Holds Ban On Gun Possession After Commitment To Mental Institution Violates Second Amendment

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

SCOTUS To Decide Whether Order Denying Plan Confirmation Is “Final,” Appealable

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

Sixth Circuit: Spraying Naked Pretrial Detainees In Front Of Bystanders May Violate 4th Amendment

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

SCOTUS Declines to Review Sixth Circuit Antitrust Decision

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

Video Interview: Sixth Circuit in National Media Spotlight Following Last Thursday’s Same-Sex Marriage Ruling; Our Bloggers Offer Their Own Insights And Analysis

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

BREAKING NEWS: SIXTH CIRCUIT UPHOLDS SAME-SEX MARRIAGE BANS IN OHIO, MICHIGAN, KENTUCKY, AND TENNESSEE

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

SCOTUS to Decide Who Can Receive a Felon’s Firearms, Resolve Circuit Split

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
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