As we recently reported here and here, the Sixth Circuit has just granted discretionary interlocutory review in two separate cases under 28 U.S.C. §1292(b). To say that this is unusual would be an understatement. The Sixth Circuit very rarely grants discretionary review under §1292(b) which permits an appellate court to accept jurisdiction only if a … Continue Reading
The Sixth Circuit released its first opinion interpreting the impact of Mohawk Industries, Inc. v. Carpenter, — U.S. — , 130 S. Ct. 599, 175 L. Ed. 2d 458 (2009).pdf, on an interlocutory appeal from an order compelling production of attorney-client communications between a party and its former attorney. Holt-Orsted v. City of Dickson, 641 F.3d 230 (2011).pdf, eliminates certain pre-Mohawk exceptions to … Continue Reading
We are now beginning to highlight new appeals that might impact business interests. We will continue to monitor these cases as they progress. Derrick Gray v. Wells Fargo (No. 11-1495). This bankruptcy appeal presents intriguing issues of appellate jurisdiction. The bankruptcy court ordered Wells Fargo to submit to a Rule 2004 examination regarding the reasonableness … Continue Reading
From time to time, we intend to invite guest bloggers to provide some comment on matters affecting the Sixth Circuit (volunteers are welcome!). Our first such post comes from Professor Andrew Pollis, from Case Western Reserve Law School. Professor Pollis (who is co-counsel on the case) provides comments on a case that will be heard … Continue Reading
