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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

SCOTUS Watch: Sixth Circuit Free Speech Jurisprudence and United States v. Elonis

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

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

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


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

Ansfield v. Omnicare: Another Attempt to Clarify Securities Pleading Standards

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

SCOTUS To Hear Ohio Case, Decide Whether Mandatory Reporters Are “Agents of Law Enforcement” Under Confrontation Clause

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

Still Waiting on Sixth Circuit’s Same-Sex Marriage Rulings As U.S. Supreme Court Denies Cert Petitions In Same-Sex Marriage Appeals From Three Other Circuits

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

SCOTUS Stays Preliminary Injunction; Early Voting in Ohio Will Not Begin Today

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

Sixth Circuit In National Media Spotlight Following Last Week’s Marathon Oral Arguments In Same-Sex Marriage Appeals

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

Sixth Circuit May Spur Supreme Court to Decide Whether Clean Air Act Preempts State Law Nuisance Claims

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

SCOTUS’s “Prudence” Sounds Like “Ponzi” In ESOP Fiduciary Case

In Fifth Third v. Dudenhoeffer,  the Supreme Court unanimously eliminated the extra “presumption of prudence” granted to fiduciaries of employee stock ownership plans by the Sixth Circuit (and, to varying degrees, several other circuits), holding that Fifth Third employees needed only to allege that their ESOP fiduciaries has acted imprudently to state a claim under ERISA.  … Continue Reading

Supreme Court Clears Path For Ohio Political Speech Case

Yesterday, the Supreme Court gave the go-ahead to a First Amendment challenge to Ohio’s law on false campaign speech.  Petitioners Susan B. Anthony List (“SBA”) and the Coalition Opposed to Additional Spending and Taxes (“COAST”) sought to proceed on facial and as-applied challenges to Ohio’s law based on statements they intend to make in future … Continue Reading

Two Supreme Court Decisions On Certiorari From the Sixth Circuit

This week brought two decisions from the Supreme Court on cases from the Sixth Circuit.  In Michigan v. Bay Mills Indian Community, the Supreme Court affirmed the Sixth Circuit’s decision that Michigan could not bring a lawsuit against an Indian-owned casino based on tribal sovereign immunity even though the casino was not located on the … Continue Reading

U.S. Supreme Court Rules in Favor of Michigan’s Proposal 2

In a widely anticipated decision, the U.S. Supreme Court ruled on Tuesday of this week in Schuette v. Coalition to Defend Affirmative Action (No. 12-682) (PDF), holding in a 6-2 ruling (with Justice Kagan recusing herself) that Michigan’s Proposal 2 – which amended the Michigan Constitution to prohibit the use of race-based preferences in state … Continue Reading

Sixth Circuit Issues Important Arbitration Decision Concerning Post-Expiration Disputes

The Supreme Court’s decision in Litton v. NLIB establishes the starting point for determining whether a dispute arising post-expiration of the contract is subject to arbitration.  Last week, in Huffman v. Hilltop Companies, LLC , the Sixth Circuit reversed the denial of arbitration in a post-expiration dispute building on the seminal analysis in Litton. The Court … Continue Reading

Sixth Circuit Rules: No Gay Marriage in Michigan While Michigan’s Appeal is Pending

This past Sunday, we reported on how the Sixth Circuit had acted swiftly in issuing a temporary stay of last Friday’s order by Judge Bernard A. Friedman of the Eastern District of Michigan which struck down Michigan’s ban on same-sex marriage.  See Judgment, DeBoer, et al. v. Snyder, et al., Case No. 12-cv-10285 (E.D. Mich.).  … Continue Reading