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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