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6th Circuit Appellate Blog Blog

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Certified Questions To State Supreme Courts Are Especially Rare In The Sixth Circuit

USA - February 16 2021 Nearly every state allows federal courts to certify questions of state law to obtain definitive answers from state supreme courts on unsettled issues…

A “Side Note” About Ripeness

USA - February 10 2021 The Sixth Circuit recently decided OverDrive Inc. v. Open E-Book Forum, a copyright case with an Article III twist. Pertinent here, the plaintiff…

Sixth Circuit practice tip: pendent appellate jurisdiction

USA - February 8 2021 The Sixth Circuit’s recent decision in Watkins v. Healy is an interesting read on its own: Ledura Watkins was released after 42 years in prison for a…

Supreme Court Denies Certiorari in Challenge to Michigan’s Alcohol Delivery Law

USA - January 13 2021 On Monday the Supreme Court addressed—or, perhaps more to the point, chose not to address—an issue close to the hearts of many in the midst of a…

Assessing the amount in controversy when seeking to vacate an arbitral award

USA - December 16 2020 Yesterday’s published decision in Hale v. Morgan Stanley Smith Barney LLC established the law of the circuit on a nifty issue of subject matter…

Is Title IX’s deliberate-indifference standard a question of law for the court to decide? Yes—at least “in an appropriate case,” says the en banc Sixth Circuit.

USA - December 15 2020 Continuing an active year for Title IX precedent, the Sixth Circuit issued an en banc decision in Foster v. University of Michigan, which adds further…

Transatlantic Trade: US and Europe - November 23 through December 6, 2020

European Union, OECD, United Kingdom - December 8 2020 The United Kingdom (UK) approved its first COVID-19 vaccine this past week, moving forward with its first inoculations this month. Regulators in the…

Sixth Circuit stays injunction in challenge to Kentucky public health measures that did not exempt religious schools from general prohibition on in-person instruction.

USA - December 4 2020 This post arrives thanks to Erica M. Van Heyde, a 2020 graduate of The Ohio State University Mortiz College of Law, who joins Squire Patton Boggs as…

Tennessee election officials’ motion to stay injunction “too little, too late,” so first-time voters may continue to vote by mail.

USA - October 27 2020 This post arrives thanks to Erica M. Van Heyde, a 2020 graduate of The Ohio State University Mortiz College of Law, who joins Squire Patton Boggs as…

In staying injunction, the Sixth Circuit effectively upholds Ohio’s limitation of ballot drop boxes to one per county.

USA - October 11 2020 Ohioans have four ways to cast a ballot in this (currently underway) Presidential election: (1) vote in person on election day, (2) vote in person at…