In Department of Education v. Louisiana, the Supreme Court issued a rare August opinion to maintain two preliminary injunctions that block the Department of Education’s new rule. That rule expands Title IX to prevent sexual-orientation and gender-identity discrimination. State coalitions brought challenges; district courts in Louisiana and Kentucky enjoined the rule during the litigation; the … Continue Reading
As readers of this Blog know, the OSHA vaccine-or-test mandate has occupied much of the Sixth Circuit’s time the past few weeks. That mandate is now before the Supreme Court, which hears oral argument on the OSHA and CMS mandates tomorrow. In the meantime, a third pandemic-era mandate—the federal contractor mandate—made its own splash in … Continue Reading
In United States v. ITS Financial, LLC, the Sixth Circuit affirmed the district court’s injunction against a fraudulent tax preparation franchise, but not the franchise’s loan provider (a separate company belonging to the same owner). Defendants’ “business model” consisted in large part of “luring low-income customers by advertising tax refund anticipation loans that were rarely … Continue Reading
In PT Pukuafu Indah, et al. v. Newmont Mining Corp. (6th Cir. Nos. 09-02117/2570, 10-1477/1837) (PDF), the Sixth Circuit reversed a hefty Rule 11 sanction determination, including an award of over $107,000 in attorneys fees and an injunction permanently enjoining the plaintiffs from filing lawsuits against the defendants in any federal or state court. In … Continue Reading
Tomorrow, April 29, is Arbor Day, a holiday on which we are encouraged to plant and care for trees. That makes the Sixth Circuit’s recent decision involving an old tree in suburban Columbus, Ohio all the more timely. What follows is the tale of this special tree, along with the Sixth Circuit’s decision which has … Continue Reading