Tag Archives: Civil Procedure

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

Sixth Circuit Widens Circuit Split By Holding Government-Contractor Immunity Not Jurisdictional

Earlier this week in Adkisson et al. v. Jacobs Eng’g Grp., Inc., the Sixth Circuit joined the Fifth Circuit [link] in holding that government-contractor immunity is not jurisdictional like sovereign immunity. The Sixth Circuit was interpreting Yearsley v. W.A. Ross Construction Co., 309 U.S. 18 (1940), which held that government contractors are immune from suit … Continue Reading

For Want of a Penny, Jurisdiction Was Lost

“The penny is easily the most neglected piece of U.S. currency.”  So begins the legal discussion in Freeland v. Liberty Mutual Fire Insurance Co., decided by the Sixth Circuit on February 4.  Answering a jurisdictional question that was unraised by the parties and unaddressed by the district court, the Sixth Circuit concluded that the amount in controversy was one penny … Continue Reading

Supreme Court Reverses Two Sixth Circuit Decisions

On January 24, the Supreme Court unanimously reversed two Sixth Circuit decisions. In Thompson v. North American Stainless, LP, the plaintiff and his fiancee were both employed by the defendant.  The plaintiff claimed that the defendant discharged him in retaliation for his fiancee’s filing of an EEOC charge of discrimination.  The Sixth Circuit, in a divided en banc … Continue Reading

Sixth Circuit Requires More Rigorous Application of Forum Non Conveniens Test

In Zions First National Bank v. Moto Diesel Mexicana, S.A. de C.V., the Sixth Circuit vacated a district court’s dismissal of an action on the grounds of forum non conveniens and remanded the case for further proceedings. The court identified three failings in the district court’s analysis.  First, the district court failed to consider the … Continue Reading