Articles

Results 1 to 5 of 97


The ultimate guide to en banc practice in the Sixth Circuit: what you need to know

USA - June 7 2013 Nearly two years ago, Amy Hocevar and I posted a video on our blog discussing the "ins and outs" of seeking en banc review of panel decisions in the…

Sixth Circuit en banc court adopts new standard for proving discrimination under the ADA, but in a bold move refuses to adopt the standard followed by a supermajority of circuit courts

USA - May 25 2012 Earlier today in its en banc decision in Lewis v. Humboldt Acquisition Corp., No. 09-6381, the Sixth Circuit unanimously overruled the standard set forth in its 16 year-old decision in Monette v. Electronic Data Systems Corp., 990 F.3d 1173 (6th Cir. 1996), which required a plaintiff bringing a discrimination claim under the Americans with Disabilities Act (the “ADA”) to prove that the plaintiff’s disability was the “sole” reason for an adverse employment action in order to prevail.

Constitutional challenge to voter-approved gay marriage ban heating up in the Sixth Circuit in the wake of last week’s Supreme Court ruling

USA - July 2 2013 Last week, the U.S. Supreme Court, in its divided 5-4 decision in United States v. Windsor, No. 12-307 (U.S. Jun. 26, 2013) (PDF), struck down as…

A split Sixth Circuit reverses a $1,225,000.00 jury award in a trade-dress case

USA - September 12 2013 Earlier today, in a 2-1 decision, the Sixth Circuit reversed a $1,225,000.00 jury award in a trade-dress case involving a relatively obscure and…

Sixth Circuit not hesitating to sanction attorneys for wrongful conduct

USA - July 1 2013 Last year, I posted a widely read article about ethics and professionalism in the Sixth Circuit that explored the myriad ethical duties belonging to…