Archives: Uncategorized

Subscribe to Uncategorized RSS Feed

The Federal Courts Jurisdiction and Venue Clarification Act of 2011: Important Changes for Sixth Circuit Practitioners to Diversity Jurisdiction, Venue and Removal

As we reported previously here, there has been a long-standing split among the Circuits over when the time for removal runs in a multiple defendant case, with the Sixth Circuit adopting the “later-served” rule under which each defendant has a thirty day period to file a notice of removal that ends thirty days after that defendant is … Continue Reading

Bluegrass State to Host Sixth Circuit Judicial Conference

The Sixth Circuit recently announced that the Judicial Conference of the Sixth Circuit will be held April 24-27 in Lexington, Kentucky.  A brochure about the conference is available here.  Consistent with past judicial conferences, the Sixth Circuit’s conference this year has attracted some notable speakers, including former Solicitors General Neal Katyal and Gregory Garre.  There are a number … Continue Reading

Insured Requests Rehearing of Sixth Circuit Decision Dismissing $125 Million Insurance Claim

On December 1, 2011, we summarized the Sixth Circuit’s decision in Bondex International, Inc. v. Hartford Accident and Indemnity Co.pdf dismissing an insured’s claim for $125 million in insurance.  Read our previous entry to refresh on the facts of the case and the basis of the Sixth Circuit’s original opinion. On Monday, RPM, Inc. requested a … Continue Reading

Judicial Conduct and Disability Committee Clarifies Obligations of Judges Holding Memberships in Organizations that Practice Invidious Discrimination

A complaint for judicial misconduct was filed against Judge George C. Paine, II, Chief Judge of the United States Bankruptcy Court for the Middle District of Tennessee, alleging that Judge Paine’s membership in Belle Meade Country Club violated Canons 2A and 2C of the Code of Conduct for United States Judges and constituted misconduct under … Continue Reading

When do e-mails between counsel constitute an enforceable settlement agreement?

The Sixth Circuit will soon have an opportunity to answer that question in Remark v Adell Broadcasting.  In this copyright dispute that was recently appealed to the Sixth Circuit, counsel between the parties exchanged a number of e-mails regarding a potential settlement.  After new counsel for one of the parties was retained, that party rejected … Continue Reading

Supreme Court Reverses Splintered Sixth Circuit Decision

Today the Supreme Court issued a per curiam reversal of the Sixth Circuit in a capital habeas case.  In Bobby v. Dixon the Court reversed the Sixth Circuit’s decision to grant habeas relief based upon confessions allegedly procured in violation of Miranda.  The underlying decision by the Sixth Circuit yielded three separate opinions: Judge Merritt authored the majority opinion, Judge … Continue Reading

Sixth Circuit Maintains An “Exceedingly Deferential” and “Very Limited” Review of Labor-Arbitration Awards

The Sixth Circuit’s recent opinion on federal labor arbitration law reiterates the deference given to arbitrators of labor disputes by the Supreme Court and Sixth Circuit precedent.  In Titan Tire Corporation of Bryan v. United Steelworkers of America, Local 890, Case No. 09-4460, the Sixth Circuit affirmed the Northern District of Ohio’s refusal to vacate … Continue Reading

Will the Sixth Circuit Require Prepaid Wireless Providers to “Pay-up” under Kentucky Statute?

Fees charged by wireless providers often draw the ire of their customers, but now some of those fees will be considered by the Sixth Circuit.  A notice of appeal was recently filed in Commonwealth of Kentucky Commercial Mobile Radio Service Emergency Telecommunications Board v. TracFone Wireless, Inc., Case No. 11-6215, from a Kentucky decision (pdf) holding that a state … Continue Reading

Sixth Circuit Annoyed By Telemarketer Calls

Philip Charvat (“Charvat”) filed suit against NMP, LLC and Media Synergy Group, LLC (together “Defendants”) after receiving thirty-three unsolicited telemarketing calls to his home over a three month period in 2008 inviting him to join the NASCAR Membership Club.  The first call was prerecorded, the next two were made by live agents and the following … Continue Reading

New Health Care-Related Appeal Raises Interesting Questions of Appellate Jurisdiction

The Sixth Circuit has recently decided a landmark case regarding the constitutionality of health care reform.  Now, it is being asked again to review a case of great significance to the provision of health care services.  In United States of America v. Blue Cross/Blue Shield of Michigan, (Eastern District of Michigan), the federal and state … Continue Reading

An Incorrect, Adverse Legal Ruling is Not a Basis for an Independent Action for Relief From Judgment Under Rule 60(d)(1)

In Mitchell v. Rees (Mitchell IV), No. 09-5570 (6th Cir. June 30, 2011), a unanimous panel of the Sixth Circuit affirmed the trial court’s decision denying a habeas petitioner’s motion for relief from judgment.  Previously, in Mitchell v. Rees (Mitchell I), 114 F.3d 571 (6th Cir. 1997), the Sixth Circuit had disallowed evidence adduced from the … Continue Reading


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

Court Defines “Subcontractor” And Finds Insurance Coverage

This week, the Court interpreted a commonly-litigated “your work” insurance exclusion found in most commercial general liability policies.  The Court’s holding didn’t go as far as the plaintiff wanted, but it may broaden coverage significantly depending on the facts at issue.  In Mosser Const., Inc. v. Travelers Indem. Co., No. 09-4449 (pdf), the Court held that the term … Continue Reading

Sixth Circuit Judges Featured at Upcoming Judges’ Night Dinner

The Greater Cincinnati/Northern Kentucky Chapter of the Federal Bar Association is sponsoring its annual Judges’ Night Dinner on June 7 in Cincinnati.  This event generally coincides with an en banc sitting of the Sixth Circuit, and most of the Sixth Circuit Judges attend the dinner.  This year’s featured speaker is Judge Jane Branstetter Stranch, the … Continue Reading