Prior posts have discussed the comparative rarity of certified questions of state law in the Sixth Circuit (here and here). This post gives practical pointers to improve your odds of success with certified questions both in the Sixth Circuit and in the state courts.… Continue Reading
Nearly every state allows federal courts to certify questions of state law to obtain definitive answers from state supreme courts on unsettled issues of state law. The United States Supreme Court has explained that certifications “saves time, energy, and resources and helps build a cooperative judicial federalism.” All states, except North Carolina, have rules or … Continue Reading
Speaking at a lecture series held at the Ohio Supreme Court, Judge Sutton recently called on lawyers to take state constitutional law seriously. He said that in nine years on the federal bench he has heard just one case involving claims under a state constitution. Judge Sutton then explained that every plaintiff alleging a civil … Continue Reading
