Tag Archives: Supreme Court

Supreme Court may decide key damages issue impacting Target data breach cases

With the onslaught of litigation resulting from Target’s data privacy breaches, including recently filed class actions within the Sixth Circuit in Ohio, Kentucky, and Tennessee federal district courts, there is an increased focus on the appropriateness of class certification in such cases.  Can cardholders whose information was stolen but not used as of the date of the case filing … Continue Reading

More on the Sixth Circuit and Circuit Splits

We have recently reported on the Sixth Circuit’s recent record in circuit splits.  Considering circuit splits raises an interesting question: If the circuit courts have not acknowledged a circuit split, how much attention should the Supreme Court pay to district courts’ perceptions when deciding whether to grant cert?  The district court is presumably neutral on … Continue Reading

Circuit Splits Involving The Sixth Circuit in 2013

Circuit splits.  They play an important role in shaping the Supreme Court’s agenda.  There are a number of reasons why the Supreme Court focuses on Circuit splits, including because: (1) the Constitution favors uniformity, (2) the Supreme Court seeks to discourage forum shopping, and (3) the Supreme Court is motivated by the desire to ensure … Continue Reading

Another Supreme Court Habeas Reversal

In Metrish v. Lancaster, a unanimous Supreme Court reversed the Sixth Circuit’s decision that Michigan courts violated due process when they took away a defendant’s diminished-capacity defense before his second trial, after having allowed it in his first trial.  The Supreme Court held that relief was unavailable under the Antiterrorism and Effective Death Penalty Act … Continue Reading

Seventh Circuit Disagrees With the Sixth Circuit in Construing Compensable Time Under The Fair Labor Standards Act

Last week, Judge Posner, writing on behalf of the Seventh Circuit, disagreed with the Sixth Circuit when examining whether, in cases where a collective bargaining agreement does not provide for compensation for the time a worker spends putting on protective clothing to start his shift, the time spent walking from the locker room to the work … Continue Reading

Is It Time For Video Cameras At The Sixth Circuit?

Today is the big day at the U.S. Supreme Court.  The Justices will begin hearing over 6 hours of oral arguments over the next three days on the constitutionality of the Patient Protection and Affordable Care Act, Public Law 111-148, including the constitutionality of the mandate requiring individuals to purchase health insurance.  We have been … Continue Reading

BREAKING NEWS: Three (Yes, Three) Cert Petitions Filed Today Seeking Review Of The Eleventh Circuit’s Decision Striking Down The Individual Mandate Under The New Health Care Statute

Yesterday we reported that the federal government decided not to seek en banc review of the Eleventh Circuit’s decision striking down the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148.  Today, the battle has moved to the U.S. Supreme Court in full gear. … Continue Reading

Challenge to Health Care Statute May Be On Fast Track To Supreme Court

The challenge to the constitutionality of the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148, is making front page news today.  That’s because the government has decided not to seek en banc review of the Eleventh Circuit’s decision striking down the individual mandate. … Continue Reading

Final Showdown: Challenge to Health Care Statute in Sixth Circuit Lands at the U.S. Supreme Court

Earlier this week, Thomas More Law Center and several other plaintiffs filed their petition for writ of certiorari in the U.S. Supreme Court, asking the High Court to reverse the Sixth Circuit’s June 29, 2011 divided panel decision upholding the constitutionality of the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection … Continue Reading

THE SIXTH CIRCUIT: YEAR IN REVIEW

Each year, at the close of the U.S. Supreme Court’s term, there are numerous presentations summarizing the past year in the Court’s decisions and trends.  We are not aware of anything similar with respect to the Sixth Circuit, so we decided to host one ourselves.  On September 8, we will host a free webinar (live … Continue Reading

EIGHTH CIRCUIT REJECTS SIXTH CIRCUIT’S VIEW OF JURISDICTION UNDER LMRA

The Eighth Circuit in ABF Freight System, Inc. v. International Brotherhood of Teamsters, recently created a circuit split with the Sixth and Third Circuits on the question of jurisdiction under §301(a) of the Labor Management Relations Act.  The question concerns whether the existence or violation of a labor contract is an element of the plaintiff’s … Continue Reading

SUPREME COURT, IN FIVE-FOUR DECISION, REVERSES SIXTH CIRCUIT IN CRIMINAL CASE

The Supreme Court recently handed down its decision in Freeman v. United States, which reversed an unpublished decision by the Sixth Circuit regarding the Federal Sentencing Guidelines.  The case involved a retroactive guideline change that addressed the disparity in penalties between crack cocaine and powder cocaine.  Mr. Freeman sought to obtain a sentence reduction based … Continue Reading

Overturning the Sixth Circuit, the Supreme Court Rules that Telephone Companies Must Provide Access to Their Competitors At Cost

In Talk America, Inc. v. Michigan Bell Telephone Co., the Supreme Court resolved a circuit split, holding that state utility commissions can require established telephone companies to provide smaller competitors access to their network at cost.  It overturns a Sixth Circuit decision (which disagreed with decisions from the Seventh, Eighth, and Ninth Circuits) that allowed … Continue Reading

The Supreme Court, Affirming the Sixth Circuit, Simplifies Calculations Under The Speedy Trial Act: United States v. Tinklenberg

In United States v. Tinklenberg, 563 U. S. ___ (2011), the Supreme Court affirmed the Sixth Circuit’s dismissal of a criminal case under the Speedy Trial Act, which requires that trial begin within 70 days of indictment or arraignment.  Justice Breyer’s opinion, however, rejected the Sixth Circuit’s reasoning.  The Court held that any pretrial motion … Continue Reading

Will the Supreme Court Side with the Sixth Circuit and Against the Seventh, Eighth and Ninth Circuits on Telecommunications Monopoly Question?

The Supreme Court will hear oral argument today in the case of Talk America, Inc. v. Michigan Bell Telephone Co. to address, in plain terms, “Whether state utility commissions may require major telephone companies (like AT&T and Verizon) to provide smaller competitors access to certain parts of their network facilities at cost instead of at market rates.”   (See Definition … Continue Reading

Challenges To The Health Care Statute Are On The Fast Track In The Sixth Circuit And Elsewhere

We are continuing to follow the case making its way through the Sixth Circuit involving a constitutional challenge to the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148.  See Thomas More Law Center, et al. v. Obama, et al. (Sixth Circuit, Case No. … Continue Reading

Supreme Court Accepts Cert Over Telecommunications Competition Case

The Supreme Court has agreed to resolve a circuit split caused by the Sixth Circuit’s decision in Michigan Bell Telephone Co. v. Covad Comms. Co., No. 07-2469.pdf (consolidated with Isiogu v. Michigan Bell (10-329) for Supreme Court review).  In Michigan Bell, the parties debated the meaning of some of the FCC’s regulations under the Telecommunications … Continue Reading
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