In another round of bad headlines for the Sixth Circuit, the ABA Journal notes that it has been reversed by the Supreme Court in 31 out of the last 38 cases. That places the reversal rate at 81.6%, higher than even the Ninth Circuit at 78.1%. We have addressed similar articles from the ABA Journal … Continue Reading
Renal Care Group, Inc., (“Renal Care”) a dialysis provider, created a wholly-owned subsidiary to take advantage of loopholes in the Medicare regulatory scheme that would permit it to increase its profits. The United States intervened in a qui tam suit alleging False Claims Act violations against Renal Care and the subsidiary. The district court granted summary judgment … Continue Reading
As the November 6 election approaches, the eyes of the nation are on the Buckeye state, one of the key battleground states that will decide the presidential decision. A recent decision by the Sixth Circuit has further brought Ohio into the national spotlight. In Obama for America v. Husted, Nos. 12-4055/4076 (pdf), the panel affirmed … Continue Reading
Earlier this week in Planned Parenthood v. DeWine, Sixth Cir. No. 11-4062, the Sixth Circuit affirmed the district court’s rejection of Planned Parenthood’s constitutional challenge to Ohio Revised Code § 2919.123, which criminalized the distribution of RU-486 (“the abortion pill”) unless the distribution tracked the FDA protocol regarding gestational time limits and dosage, as established at the … Continue Reading
The Sixth Circuit recently vacated a district court’s grant of a preliminary injunction preventing enforcement of Ruling 2010-4 by the Department of Treasury, Alcohol and Tobacco Tax and Trade Bureau, and it remanded the action to the district court with instructions to dismiss. Ruling 2010-4 deemed retailers that offered roll-your-own cigarette machines to be “manufacturers … Continue Reading
Last week, the Sixth Circuit upheld a district court’s grant of partial summary judgment in favor of T-Mobile for violations of the Telecommunications Act. (T-Mobile Central, LLC v. Charter Township of West Bloomfield) Interpretation of the Act has led to significant splits among the circuit courts, as outlined in the Court’s opinion. The defendant, West … Continue Reading
Two long-time fixtures at the Sixth Circuit’s clerk’s office will be retiring at the end of the month. Len Green, the Sixth Circuit clerk, and Jan Yates, the Chief Deputy Clerk, are both stepping down after decades of collective service in the clerk’s office. The two have overseen a number of transformations in the clerk’s … Continue Reading
Last year, we hosted the first “year in review” webinar, which analyzed the Sixth Circuit’s key opinions and trends over the past year. Based on the positive responses from participants, we decided to once again host this event. This will be a free CLE program, that has already been approved for 1.5 hours of CLE … Continue Reading
In Lee v. Countrywide Home Loans, Inc., the Sixth Circuit yesterday reversed a grant of summary judgment concerning disclosure of mortgage broker fees, holding that Ohio law prohibits lenders from knowingly conspiring with brokers to conceal “yield spread premiums” or other mortgage costs from borrowers. The case arose out of a refinancing in which the … Continue Reading
In United States v. Huntington National Bank, the Sixth Circuit reversed a district court decision that had rejected a claim by Huntington Bank in connection with a criminal forfeiture proceeding. The bank held an account by a company that was later found to have engaged in fraudulent activity. In connection with the government’s prosecution of … Continue Reading
In McLemore v. Regions Bank , a divided Sixth Circuit panel upheld dismissal of claims against Regions Bank related to defrauded ERISA plans. In this opinion, by Judge Cook, the Court first confronted the dismissal of the bankruptcy trustee’s ERISA claims, and then turned to evaluate whether state law claims were preempted by ERISA. On the … Continue Reading
In Phelps v. State Farm Mutual Auto Insurance Company, a split panel yesterday reversed the grant of a summary judgment in a claim brought under Kentucky’ Unfair Claims Settlement Practices Act. The majority, in an opinion written by Judge Gilman, concluded that the plaintiff had established sufficient factual support that would enable a jury to conclude that … Continue Reading
In Parker v. Matthews (No. 11-845), the Supreme Court reversed the Sixth Circuit’s grant of a habeas petition overturning two murder convictions in a death penalty case (recall that the Sixth Circuit just heard two death penalty cases en banc last week). The per curium opinion rejected the Sixth Circuit’s reliance on Kentucky’s use of … Continue Reading
As we previously noted (here and here) , the Sixth Circuit recently published proposed amendments to the Court’s rules. These proposed amendments are the result of the efforts over several years by the Court’s Advisory Committee on Rules, consisting of members of the bar of the Sixth Circuit appointed pursuant to 28 U.S.C. § 2077(b), … Continue Reading
For the second time in about a week, the Sixth Circuit recognized that one of its prior precedents should be overruled. To say this is unusual is an understatement. Typically, the Sixth Circuit can only overrule prior precedent if it does so en banc. Neither of the opinions it issued, however, were en banc dispositions. … Continue Reading
The Sixth Circuit generally hears en banc cases twice a year, in December and June. The en banc sitting for June is today, and the Sixth Circuit will hear two cases en banc, Stumpf v. Robinson & USA v. Gabrion. Interestingly, both cases happen to be death penalty cases, one of which is a habeas … Continue Reading
The Cincinnati/Northern Kentucky chapter of the Federal Bar Association will once again host the annual Judges’ Night Dinner on June 5th. Details about the event and how to register are available here. The Judges’ Night Dinner is generally held prior to an en banc sitting of the Sixth Circuit, and most of the judges, as well … Continue Reading
In T. Marzetti Company v Roskam Baking Company , the Sixth Circuit decided that the mark “Texas Toast” is not entitled to trademark protection for a specific type of crouton. Following closely on the heels of the Circuit’s recent Maker’s Mark trademark ruling, the Court continues to develop its jurisprudence on trademark infringement issues, particularly in the context of … Continue Reading
In a recent article by Adam Liptak in the New York Times, he noted that several commenters have questioned the value of oral argument at the U.S. Supreme Court. Needless to say, this matter is not confined to the Supreme Court, as we recently reported concerning the Sixth Circuit’s evolving thinking on the question of oral argument. … Continue Reading
In American Financial Group v. United States, the Sixth Circuit recently rejected an IRS appeal seeking a determination that a $59 million deduction taken by an insurance company was inappropriate. The appeal ultimately turned on an actuarial guideline issued by the National Association of Insurance Commissioners concerning how insurance companies should handle accounting questions connected … Continue Reading
Yesterday, the Sixth Circuit affirmed class certification in an interlocutory appeal under Rule 23(f) in an MDL concerning alleged design defects in certain front-load washing machines produced by Whirlpool, In re: Whirpool Corporation Front-Loading Washing Products Liability Litigation. The case involves washing machines that allegedly became susceptible to mold and mildew which allegedly led to … Continue Reading
In United States v. Cunningham, the Sixth Circuit affirmed the convictions of a pair of Kentucky lawyers related to the $200 million Fen-Phen settlement. The Court’s opinion chronicles the actions of Shirley Cunningham, Jr. and William Gallion, who were lawyers representing 440 individuals who had opted out of a nationwide Fen-Phen class action. While the lawyers succeeded … Continue Reading
Over the past few years, the Sixth Circuit has undergone several changes as to how to cite to the record in briefs as electronic filing gradually replaced the old “joint appendix” system of record citation. The most recent change can be found in proposed Sixth Circuit Rule 28(a), which contains detailed descriptions of how the … Continue Reading
The Sixth Circuit’s Circuit Justice, Justice Kagan, gave a very interesting luncheon presentation today at the Sixth Circuit Judicial Conference. She was interviewed by Judge Gibbons and Judge Clay on a number of subjects, from internal Court practice to hunting trips with Justice Scalia. We’ve previously posted about amicus briefs, and Justice Kagan generally had … Continue Reading
