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
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
Over the last several months, we’ve covered a number of topics dealing with en banc practice in the Sixth Circuit, including Pierre Bergeron’s posts on the dwindling number of Sixth Circuit en banc cases (only two en banc decisions last year) and the lack of an en banc sitting this past June (a month when … Continue Reading
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
Our blog recently was recognized as “Blawg of the Week” by the ABA Journal, which is a very exciting achievement for us. With your support we now also have the opportunity to be on the “Blawg 100” list, which is the ABA’s annual collection of the top 100 legal blogs. If you enjoy our blog and are … Continue Reading
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
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
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
As regular followers of our blog know, we have been closely following 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. … Continue Reading
This week has been a slow week for opinions from the Sixth Circuit, and the likely reason is that the judges are all gathered at the Sixth Circuit Judicial Conference in Traverse City. The Sixth Circuit conference is held annually. In odd numbered years, it is a judges-only conference of the Sixth Circuit judges, district … Continue Reading
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
