The Supreme Court issued three opinions today, including an important decision on whether omissions in SEC filings are actionable, and a decision that the Takings Clause does not distinguish between legislative and administrative land-use permit conditions (and that relies on Judge Murphy’s recent Takings Clause decision). But no decision yet on the highly-anticipated blockbuster cases … Continue Reading
This post provides the latest statistics for a question we are frequently asked: what is the chance of obtaining a reversal on appeal. Private civil cases see the most reversals of any category at 13.4%, followed by appeals in bankruptcy and civil appeals involving the United States at 12.5%. In other words, the circuit reverses … Continue Reading
The Sixth Circuit affirmed conditional grants of habeas in the Ohio cases of Gumm v. Mitchell and Bies v. Sheldon yesterday, finding in both cases that the government withheld exculpatory evidence from the defendants in violation of Brady v. Maryland. Gumm and Bies were convicted of the 1992 murder of ten-year old Aaron Raines of Cincinnati, … Continue Reading
In a 2-1 decision, the Sixth Circuit in Summit Petroleum Corporation v. U.S. Environmental Protection Agency, Case Nos. 09-4348; 10-4572, vacated the EPA’s determination that Summit’s facilities constituted a single stationary source under the EPA’s Clean Air Act Title V permitting program. Summit owns and operates a natural gas plant and connected production wells which … Continue Reading