The Sixth Circuit’s recent decision in Benalcazar v. Genoa Township, — F.3d — (6th Cir. June 10, 2021), provides a nugget in the law of Federal Courts regarding consent decrees. It’s also interesting from an appellate-practice perspective. The case concerned a zoning dispute. Landowners in an Ohio township sought to rezone their rural acreage for … Continue Reading
In John B v Goetz (pdf), the Sixth Circuit refused to vacate a consent decree that required Tennessee to provide various medical screening, diagnostic and treatment services to over a half million children under the Medicaid statute. Tennessee argued that Gonzaga University v. Doe, 536 U.S. 273 (2002), compelled the conclusion that the statute does … Continue Reading
