The Supreme Court recently handed down its decision in Freeman v. United States, which reversed an unpublished decision by the Sixth Circuit regarding the Federal Sentencing Guidelines.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
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
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
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
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
Comparing the court to a sports team, the Cincinnati Enquirer announced the “U.S. 6th Circuit Court of Appeals on 0-15 losing streak,” reporting that the Supreme Court has now reversed fifteen cases in a row from the Sixth Circuit. The article calls this a “poor showing,” but cannot find any pattern in the cases. In … Continue Reading
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
Last week, a divided Sixth Circuit panel in Dealer Computer Services, Inc. v. Dub Herring Ford, et al. (6th Cir., Case No. 09-1848, Oct. 14, 2010) (PDF) (“DCS II”), held that the three-prong ripeness inquiry previously set forth by the Sixth Circuit in a closely related earlier ruling in the same case, Dealer Computer Services, Inc. v. Dub Herring … Continue Reading
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
On December 7, 2010, the U.S. Supreme Court will hear oral argument in Thompson v. North American Stainless, LP (U.S. Sup. Ct., Case No. 09-291), which presents the question of whether § 704(a) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-3(a) (PDF), creates a cause of action for third-party retaliation for … Continue Reading
