Tag Archives: Justice Kagan

Sixth Circuit Opinion Reversed in Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita Inc.

The Supreme Court on Tuesday issued an opinion in Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita Inc., which reversed the Sixth Circuit’s October 2020 decision finding that DaVita Inc. plausibly asserted a claim against an Ohio hospital’s health plan for unlawfully discriminating against patients with end-stage renal disease by offering low reimbursement rates … Continue Reading

Supreme Court Rejects Sixth and Eleventh Circuit’s “Discretionary Function” Immunity for TVA

In Thacker v. Tennessee Valley Authority, the Supreme Court held that sovereign immunity does not necessarily shield TVA’s “discretionary functions” from liability.  Justice Kagan’s unanimous opinion reversed the Eleventh Circuit, which had sided with longstanding Sixth Circuit precedent treating many TVA functions as immune from suit. Congress created the Tennessee Valley Authority, a government-owned corporation, … Continue Reading

Supreme Court News: Two Sixth Circuit Cert Grants, and a New Circuit Justice

The Supreme Court issued orders from yesterday’s “long conference” this morning, which included grants of certiorari in two criminal cases decided by the Sixth Circuit.  Here is today’s Order List. One of the Sixth Circuit cases, United States v. Tinklenberg, presents the question whether the time between the filing of a pretrial motion and its disposition is automatically … Continue Reading