Tag Archives: Fifth Circuit

The Sixth Circuit and the OSHA Vaccine Mandate

Sometimes federal courts of appeals get to play the lottery. The prize is not millions of dollars, but the chance to adjudicate every challenge to a particular federal agency action filed in federal circuit court.  The Sixth Circuit won that lottery yesterday afternoon.  At issue is OSHA’s highly controversial vaccine mandate. On November 5, 2021, OSHA promulgated … Continue Reading

Sixth Circuit Does Not (Yet) Adopt “Transparently Plain” Exception To Reliance-On-Counsel Defense In Bankruptcy

In In re Eifler, issued yesterday, the Sixth Circuit passed up an opportunity to join the First and Fifth Circuits in adopting a “transparently plain” exception to the reliance-on-counsel defense by which a bankrupt debtor can demonstrate a lack of fraudulent intent. To qualify for the defense, a debtor must demonstrate “(1) full disclosure of all … Continue Reading

Fifth Circuit Follows Sixth Circuit Regarding Title VII’s Compensatory and Punitive Damanges Cap

The Fifth Circuit, recognizing an open question in that Circuit’s jurisprudence, recently elected to follow the Sixth Circuit’s application of the Title VII compensatory and punitive damages cap from Hudson v. Reno, 130 F.3d 1193 (6th Cir. 1997).  In Hudson, a unanimous panel of the Sixth Circuit held that the damage cap in Title VII … Continue Reading