As we recently reported here and here, the Sixth Circuit has just granted discretionary interlocutory review in two separate cases under 28 U.S.C. §1292(b). To say that this is unusual would be an understatement. The Sixth Circuit very rarely grants discretionary review under §1292(b) which permits an appellate court to accept jurisdiction only if a … Continue Reading
Interlocutory appeals under 28 U.S.C. § 1292(b) are granted “sparingly and only in exceptional cases.” See e.g. In re City of Memphis, 293 F.3d 345, 350 (6th Cir. 2002). But this month the Sixth Circuit accepted just such an appeal. In Community Trust Bancorp., Inc., v. Community Trust Financial Corporation, et al., No. 10-cv-00062.pdf, which … Continue Reading
The Sixth Circuit released its first opinion interpreting the impact of Mohawk Industries, Inc. v. Carpenter, — U.S. — , 130 S. Ct. 599, 175 L. Ed. 2d 458 (2009).pdf, on an interlocutory appeal from an order compelling production of attorney-client communications between a party and its former attorney. Holt-Orsted v. City of Dickson, 641 F.3d 230 (2011).pdf, eliminates certain pre-Mohawk exceptions to … Continue Reading
