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6th Circuit Appellate Blog Blog

Articles: 1-10 of 159

Late May Wrap-up: Another First Opinion, Another En Banc, Another Cert Grant

USA - June 6 2019 Murphy’s (first) Law — Jurisdiction is often the first topic encountered by law students; fittingly, Judge Eric Murphy confronted it in his first…

En Banc Watch: Fight Over Substantive Due Process Sees Court Refuse to Rehear Flint Water Case

USA - May 28 2019 The Sixth Circuit denied Flint, Michigan’s petition for en banc review of a panel decision allowing citizens exposed to contaminated water to sue city…

No Coverage When Claims Relate Back to Notices Prior to Policy Inception

USA - May 22 2019 It is pretty common for D&O and E&O and other professional liability claims-made policies to have exclusions that preclude coverage for incidents that…

Last Week at the 6th Circuit: Substantive unreasonableness, maiden voyages, and railroaded state law

USA - May 21 2019 No arguments at the court last week, but we received 13 published opinions and 9 unpublished opinions. Plus, as we’ll discuss later this week, one…

Sixth Circuit Vacates Convictions Due to “Flagrant Misconduct” by Prosecutor

USA - May 17 2019 On Wednesday, the Sixth Circuit vacated the convictions of two defendants charged with possession with intent to distribute methamphetamine. Although…

Last week at the Sixth Circuit: Suspended licenses, (Dis)honor Codes, and Re-redistricting

USA - May 15 2019 Showing no signs of a Kentucky Derby hangover (or any follow-on litigation, at least not yet), last week the court wrapped up arguments during the…

Trends in the Sixth Circuit - Time to a Decision

USA - May 7 2019 “How long will my appeal take?” A question clients always ask and lawyers often resist (and which always depend heavily on the individual facts of…

Sixth Circuit Issues Interesting Decision on Use of Representative Evidence in FLSA Collective Actions

USA - May 3 2019 Earlier this week, the Sixth Circuit released an interesting opinion addressing the use of representative evidence in “collective actions” brought…

Supreme Court Rejects Sixth and Eleventh Circuit’s “Discretionary Function” Immunity for TVA

USA - May 2 2019 In Thacker v. Tennessee Valley Authority, the Supreme Court held that sovereign immunity does not necessarily shield TVA’s “discretionary functions”…

Trail-Blazing Sixth Circuit Judge Damon Keith Dies at 96

USA - April 30 2019 Sixth Circuit Judge Damon J. Keith died this weekend at the age of 96. He served on the Sixth Circuit for over 40 years. A civil rights icon, he…