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6th Circuit Appellate Blog Blog

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A Brief History and Status of (Cleaned Up) in the Sixth Circuit

USA - December 19 2022 Who was the first Sixth Circuit judge to use the (cleaned up) parenthetical in a judicial opinion? What is the current status of (cleaned up) in the…

States’ Title X Challenge Returns to Sixth Circuit

USA - October 24 2022 Readers of this Blog may recall that, earlier this year, we covered the Sixth Circuit’s decision declining to enjoin (pending appeal) a 2021 Health…

Sixth Circuit Denies Government Emergency Relief in Air Force Vaccine Mandate Case

USA - September 12 2022 This past Friday afternoon, the Sixth Circuit dealt a blow to the Department of the Air Force’s efforts to overturn a District Court’s class-wide…

In Concurrence, Judge Thapar Cautions: Don’t Rely Too Much on Agency Guidance

USA - September 7 2022 Judge Thapar issued a short and sweet concurrence today that cautioned against overly relying on agency guidance that has not gone through notice and…

Sixth Circuit Opinion Reversed in Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita Inc.

USA - June 24 2022 The Supreme Court on Tuesday issued an opinion in Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita Inc., which reversed the Sixth…

Implementation of the EU Whistleblowing Directive in France: latest position

European Union, France, United Kingdom - June 17 2022 France already has fairly extensive legislative protection in place for whistleblowers under its “Sapin II” law, with certain private and public…

The Corpus Linguistics Bug: New Cases in the Sixth, Fourth Circuits.

USA - June 10 2022 In a previous post, we discussed corpus linguistics, an emerging tool in statutory and constitutional interpretation. It appears that the corpus…

Corpus Linguistics in the Sixth Circuit and Beyond

USA - May 13 2022 Corpus linguistics has been in the news lately, which gives us a chance to discuss this interesting tool of statutory interpretation and, in the…

Sixth Circuit Dissolves Nationwide Injunction of Immigration Guidance

USA - April 15 2022 The Sixth Circuit issued a very interesting decision three days ago in Arizona v. Biden (22-3272). The origins of the dispute go back to last fall…

BAD GUYS TAKE NOTE: Submitting a Fake Consent Form to Set Up a TCPA Suit is Fraud- Court Allows Claim for Recovery of Fees

USA - March 31 2022 Gross as it is to say, people literally go onto websites and fill in fake information with their phone number to get phone calls-just so they can sue…