The Sixth Circuit finally weighed in on the use of fake cases hallucinated by artificial intelligence. A panel recently sanctioned two Tennessee attorneys for a smorgasbord of misconduct during merits briefing, including citing fake cases. In Whiting v. City of
Sixth Circuit Appellate Blog
The Sixth Circuit Appellate Blog, published by Squire Patton Boggs, focuses on appellate litigation and procedural developments within the Sixth Circuit Court of Appeals. It covers topics such as antitrust claims and proximate causation, appellate brief writing tips from circuit judges, mandamus petitions related to attorney-client privilege and discovery disputes, immediate appeals of intervention denials, and the impact of government shutdowns on court operations. The blog provides analysis of significant appellate decisions, procedural rules, and strategic considerations relevant to practitioners and parties involved in Sixth Circuit appellate matters.
Blog Authors
Latest from Sixth Circuit Appellate Blog
Statistics update – time to decision, reversal rates, and en banc petitions
It’s time for another update on the Sixth Circuit statistics people ask about all the time. The most important is how long a Sixth Circuit appeal will take. Other than questions about the political leanings of individual judges, this is…
Supreme Court to review Sixth Circuit interpretation of video privacy law
We learned last week that two panel decisions of the Sixth Circuit will receive another round of review. First, the Supreme Court granted certiorari to the Sixth Circuit in Salazar v. Paramount Global. Second, the Sixth Circuit granted rehearing…
En banc Sixth Circuit passes on antitrust indirect seller case
This blog recently covered an interesting antitrust case that upheld the Supreme Court’s bright line rule established in Illinois Brick: indirect buyers are barred from pursuing money damages under the federal antitrust laws. The Sixth Circuit has now decided…
Sixth Circuit Weighs Second Amendment Rights of Illegal Immigrants
Do illegal immigrants have Second Amendment rights? The Sixth Circuit just said no, though the panel couldn’t agree on why. Authorities found three firearms when searching the home of Milder Escobar-Temal, a Guatemalan citizen who entered the U.S. illegally over…
Judge Murphy, Originalism, and Friedrich August von Hayek
The Sixth Circuit completed a hat-trick when the NYU’s Classical Liberal Institute invited Judge Murphy to give its 19th annual Friedrich A. von Hayek Lecture, in honor of the famous economist and philosopher. As we discussed a few years ago…
In possible Supreme Court preview, Sixth Circuit holds Michigan’s talk-therapy ban unconstitutional
The Sixth Circuit just held that Michigan’s talk-therapy ban infringes free speech. Pending at the Supreme Court is the constitutionality of Colorado’s equivalent law. That case, Chiles v. Salazar, was argued in October. And the Sixth Circuit panel could…
Sixth Circuit requires proximate causation for “indirect seller” antitrust claims
A recent Sixth Circuit decision by Judge Murphy highlighted that sometimes the decisive antitrust issue is identifying who was harmed and where they sit in the distribution chain. In Academy of Allergy & Asthma et al. v. Amerigroup Tennessee, Inc…
Circuit judges offer brief writing tips
It is not every day that sitting judges give lawyers specific instruction on how to write their briefs. Judge Kethledge wrote a helpful primer about effective writing a while back. This week, Chief Judge Pryor and Judge Newsom from the…
Sixth Circuit Grants Mandamus in FirstEnergy Discovery Dispute
An “an assortment of legal and regulatory actions” has spun off from the high-profile corruption prosecution and conviction of former Ohio House Speaker Larry Householder. Back in 2016, the Ohio General Assembly passed legislation designed to bail out energy giant…