Tag Archives: Supreme Court

Sixth Circuit Holds Ban On Gun Possession After Commitment To Mental Institution Violates Second Amendment

In Tyler v. Hillsdale Cnty. Sheriff’s Dep’t, a case sure to draw attention nationwide, the Sixth Circuit held today that “’a prohibition on the possession of firearms by a person “who has been committed to a mental institution,’ . . . violates the Second Amendment.” The court held that the the plaintiff, who “[t]wenty-eight years … Continue Reading

Sixth Circuit: Spraying Naked Pretrial Detainees In Front Of Bystanders May Violate 4th Amendment

A Sixth Circuit panel unanimously held last week in Williams v. City of Cleveland that pretrial detainees forced to “undress in the presence of other detainees and to have their naked genitals sprayed with delousing solution” stated a viable claim under § 1983 and the Fourth Amendment.  Judge Griffin wrote the opinion in which Judges Siler … Continue Reading

BREAKING NEWS: SIXTH CIRCUIT UPHOLDS SAME-SEX MARRIAGE BANS IN OHIO, MICHIGAN, KENTUCKY, AND TENNESSEE

Major news coming out of the Sixth Circuit today.  In a landmark (but divided) ruling, the Sixth Circuit has upheld same-sex marriage bans in Ohio, Michigan, Kentucky, and Tennessee.  See Opinion (6th Cir. Case Nos. 14-1341; 3057; 3464; 5291; 5297; 5818).  As we previously have covered, district courts in each of these four states had ruled … Continue Reading

SCOTUS To Hear Ohio Case, Decide Whether Mandatory Reporters Are “Agents of Law Enforcement” Under Confrontation Clause

We posted previously on some Sixth Circuit cases that will get attention from the Supreme Court this term.  In addition to those, the Supreme Court granted cert last week in another case of interest from within the Circuit – the Ohio Supreme Court’s 4-3 decision in Ohio v. Clark, which held that a preschooler’s identification … Continue Reading

Sixth Circuit May Spur Supreme Court to Decide Whether Clean Air Act Preempts State Law Nuisance Claims

The Supreme Court has held in Am. Elec. Power Co., Inc. v. Connecticut that the CAA preempts tort claims under federal common law and in International Paper Co. v. Ouellette  that the Clean Water Act does not preempt state common law claims under the law of the state that is the source of the alleged pollution.  … Continue Reading

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
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