Tag Archives: Certiorari

Justice Sotomayor References Rarely Used Procedure: Circuit Certification to U.S. Supreme Court

Four years ago, the Supreme Court declined a federal habeas petitioner’s request to review the Sixth Circuit’s decision in Avery v. United States, 770 F. App’x 741.  Justice Kavanaugh, the Sixth Circuit’s assigned circuit justice, attached a “statement” to the Supreme Court’s cert. denial to highlight a circuit split that Avery implicated and to note … Continue Reading

Cert Watch: Supreme Court to review split Sixth Circuit FTCA decision on election-of-remedies

The Supreme Court recently granted certiorari in Brownback v. King, agreeing to review a split decision from the Sixth Circuit (then styled King v. US) involving the contours of the Federal Tort Claim Act’s judgment bar.  The Court’s decision should help resolve confusion regarding whether plaintiffs should add FTCA claims to their Bivens actions. 28 … Continue Reading

Sixth Circuit: Foster Parents Can Enforce Right to Foster Care Payments Under Federal Law

A unanimous panel of the Sixth Circuit held today in D.O., et al. v. Glisson that the Child Welfare Act creates a private right to foster-care maintenance payments enforceable by a foster parent under 42 U.S.C. § 1983.  The CWA provides for federal foster care and adoption assistance to eligible states.  To be eligible, a state … Continue Reading

SCOTUS To Decide If Clean Water Rule Can Be Challenged Directly In U.S. Circuit Courts

In February of last year, we reported on the Sixth Circuit’s split-panel holding that it had jurisdiction to review challenges to the validity of the “Clean Water Rule” (which clarifies the term “waters of the United States” in the Clean Water Act). Last week, the Supreme Court granted certiorari in National Association of Manufacturers v. … Continue Reading

Flint Water Controversy Provides Civil Procedure Lesson Under CAFA Exception

In Mason v. Lockwood, Andrews & Neuman, a split panel of the Sixth Circuit affirmed a district court’s decision to remand a class action to state court under the “local controversy” exception to the Class Action Fairness Act.  CAFA requires a court to “decline” jurisdiction over a class action that otherwise qualifies for federal court … 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The issue of unpublished opinions has received extra attention this past week thanks to a dissent to a denial of certiorari by Justice Thomas.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

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 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

The Supreme Court Grants Certiorari In Two Sixth Circuit Cases

Two of this week’s nine cert grants were for cases from the Sixth Circuit, both from petitions filed by the government.   In United States v. Castleman (12-1371), the court will review whether a conviction under a Tennessee misdemeanor statute qualifies as a crime of domestic violence under federal law.  In that case, the Sixth Circuit … Continue Reading

Circuit Splits Involving The Sixth Circuit in 2013

Circuit splits.  They play an important role in shaping the Supreme Court’s agenda.  There are a number of reasons why the Supreme Court focuses on Circuit splits, including because: (1) the Constitution favors uniformity, (2) the Supreme Court seeks to discourage forum shopping, and (3) the Supreme Court is motivated by the desire to ensure … Continue Reading

En Banc Ruling on Michigan’s Proposal 2 Goes to the High Court

This morning, the U.S. Supreme Court accepted certiorari on a case that the Sixth Circuit Appellate Blog has been watching since July 2011: Coalition to Defend Affirmative Action v. Regents of the University of Michigan (6th Cir., Case Nos. 08-1387/1389/1534 & 09-1111). In Coalition to Defend Affirmative Action, Integration and Immigrant Rights and Fight for … Continue Reading

Seventh Circuit Disagrees With the Sixth Circuit in Construing Compensable Time Under The Fair Labor Standards Act

Last week, Judge Posner, writing on behalf of the Seventh Circuit, disagreed with the Sixth Circuit when examining whether, in cases where a collective bargaining agreement does not provide for compensation for the time a worker spends putting on protective clothing to start his shift, the time spent walking from the locker room to the work … Continue Reading

Supreme Court Calls for Solicitor General’s Views on Sixth Circuit Case

Yesterday, the Supreme Court called for the Solicitor General’s views on a cert petition involving a Foreign Sovereign Immunities Act question from the Sixth Circuit.  We previously reported on the decision DRFP, LLC v. The Republica Bolivariana de Venezuela in which the Sixth Circuit wrestled with questions concerning the federal court’s jurisdiction over foreign nations … Continue Reading

Supreme Court Agrees with Judge Sutton in Reversing Sixth Circuit Panel Decision Regarding Ohio Jury Instructions in Death Penalty Cases

Yesterday, the Supreme Court in a per curiam decision upheld Ohio’s jury instructions that require jurors first to reject the death penalty before considering a sentence of life imprisonment.  See Bobby v. Mitts, No. 10-1000.  In the order denying the petition for rehearing en banc before the Sixth Circuit, as previously reported here, Judge Sutton … Continue Reading

Being Featured on SCOTUSblog as Petition of the Day Not Enough To Get Supreme Court’s Attention

As reported previously here, the Sixth Circuit recently held the fleeting honor of having its decision featured on SCOTUSblog’s Petition of the Day.  This was not, however, enough for the Supreme Court to accept jurisdiction; yesterday, the Supreme Court denied the petition of the City of Loveland for the Court to accept jurisdiction.  (PDF)  The … Continue Reading

Supreme Court takes up another Sixth Circuit case to resolve question of whether termination of parochial school teachers falls within exception to ADA

In what could be the end of the Sixth Circuit’s 0-15 “losing streak” before the United States Supreme Court (reported previously here), the Supreme Court recently granted certiorari in the case of EEOC, et al, v. Hosanna-Tabor Evangelical Lutheran Church and School.pdf to review the Sixth Circuit’s determination that the termination of a parochial school teacher was subject … Continue Reading

Will the Supreme Court Side with the Sixth Circuit and Against the Seventh, Eighth and Ninth Circuits on Telecommunications Monopoly Question?

The Supreme Court will hear oral argument today in the case of Talk America, Inc. v. Michigan Bell Telephone Co. to address, in plain terms, “Whether state utility commissions may require major telephone companies (like AT&T and Verizon) to provide smaller competitors access to certain parts of their network facilities at cost instead of at market rates.”   (See Definition … Continue Reading

Sixth Circuit case featured on Supreme Court of the United States blog as Petition of the Day

Yesterday, the Sixth Circuit held the fleeting honor of having its decision featured on SCOTUSblog’s Petition of the Day.  In United States of America v. City of Loveland, Ohio (PDF), Case No. 10-3116 (6th Cir. Sept. 15, 2010), the Sixth Circuit upheld the district court’s federal question jurisdiction based on a complaint for declaratory judgment which … Continue Reading

Supreme Court Rejects Cleveland’s Attempt to Recover from Subprime Lenders for Public Nuisance

On Monday, the Supreme Court denied certiorari in City of Cleveland v. Ameriquest Mortgages Securities (discussed in our previous post), in which the Sixth Circuit had held that indirect injuries asserted by the City of Cleveland were not enough to allow the City to assert public nuisance claims against banks that provided financing to subprime mortgage lenders and … Continue Reading

Cert Petition from Sixth Circuit Featured on SCOTUSblog

SCOTUSblog’s “Petition of the Day” for February 14 is Stoval v. Miller, No. 10-851, which seeks review of the Sixth Circuit’s decision in Miller v. Stovall, 608 F.3d 913 (6th Cir. 2010).  The questions presented are: (1) whether the Sixth Circuit erred in concluding that “established law” for purposes of the Antiterrorism and Effective Death … Continue Reading

Supreme Court Accepts Cert Over Telecommunications Competition Case

The Supreme Court has agreed to resolve a circuit split caused by the Sixth Circuit’s decision in Michigan Bell Telephone Co. v. Covad Comms. Co., No. 07-2469.pdf (consolidated with Isiogu v. Michigan Bell (10-329) for Supreme Court review).  In Michigan Bell, the parties debated the meaning of some of the FCC’s regulations under the Telecommunications … Continue Reading