The issue of unpublished opinions has received extra attention this past week thanks to a dissent to a denial of certiorari by Justice Thomas. His opinion criticizes the Fourth Circuit for using an unpublished opinion to allow itself to decide important cases without create binding law. Though much of the media censure of the Fourth … Continue Reading
The Supreme Court has reversed another habeas case from the Sixth Circuit, holding that mentally ill prisoners do not have a statutory right to stay their habeas petitions while incompetent. See Tibbals v. Carter (No. 11-218). Justice Thomas’ opinion, however, still allows district court to issue discretionary stays while a prisoner regains competence. Though it … Continue Reading
The Supreme Court granted cert today in Thompson v. North American Stainless, LP, a case that the Sixth Circuit decided en banc last June. As this post on Workplace Prof Blog explains, the case presents the question whether Title VII creates a cause of action for an employer’s retaliation against a person closely associated with an employee who … Continue Reading