The Sixth Circuit yesterday in a per curiam opinion (paneled by Judges Boggs, Thapar, and Readler) accepted interlocutory appeal of and vacated a class certification order from the Eastern District of Michigan. The case is In re: Ford Motor Company, Case No. 22-0109 (6th Cir.). The Court’s opinion served to remind district courts that they … Continue Reading
The Supreme Court granted cert last Friday in the case of Bullard v. Hyde Park Savings Bank, in which the First Circuit held that an order denying confirmation of a reorganization plan is not a “final judgment” and therefore not appealable. The First Circuit’s decision agreed with five other circuits, including the Sixth Circuit, and … Continue Reading
Earlier this week, in a case that attracted media attention, the Sixth Circuit unanimously affirmed a $13.2 million jury verdict in favor of David Ayers, who spent 12 years in prison based on a state-court murder conviction after detectives used a fellow inmate to extract statements from Ayers in violation of his Sixth Amendment right … Continue Reading
This week brought two decisions from the Supreme Court on cases from the Sixth Circuit. In Michigan v. Bay Mills Indian Community, the Supreme Court affirmed the Sixth Circuit’s decision that Michigan could not bring a lawsuit against an Indian-owned casino based on tribal sovereign immunity even though the casino was not located on the … Continue Reading
An often repeated question by litigants to their attorneys is whether an adverse ruling by the district court is subject to immediate appeal. The answer to that question is, of course, highly circumstantial. Depending on how their case is procedurally situated, in addition to the underlying substantive issues in some instances, litigants may or may … Continue Reading
On September 23, a group of dairy petitioners filed a petition in the Sixth Circuit seeking interlocutory review of a class action certification in a significant antitrust case — In re Southeastern Milk Antitrust Litig.pdf (Case No. 10-0504) (PDF). The Sixth Circuit has no “hard-and-fast test” for determining whether to grant a Rule 23(f) petition … Continue Reading
