Yesterday evening, the Sixth Circuit issued a blockbuster decision in consolidated cases addressing the constitutionality of Tennessee’s and Kentucky’s laws limiting minors experiencing gender dysphoria from certain sex-transition treatments. Chief Judge Sutton wrote the majority opinion, which Judge Thapar joined.
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.
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An Update on the Censorship Cases Pending at SCOTUS
Earlier this week, we blogged about the social media censorship cases that have been working their way through various courts of appeals, including the Sixth Circuit, and how one of those cases – the Fifth Circuit case – has…
Sixth Circuit’s Denial of Rehearing En Banc Spawns Concurring and Dissenting Opinions
Yesterday, the Sixth Circuit issued a set of engrossing opinions accompanying its order denying the petition for rehearing en banc in United States v. Carpenter, No. 22-1198 (6th Cir. Sep. 18, 2023). The order is noteworthy for, among other reasons,…
Daylight Between Sixth and Fifth Circuits in Social Media Censorship Cases
The Sixth Circuit opened a rift with the Fifth Circuit last Thursday in Changizi v. HHS, No. 22-3573 (6th Cir. Sep. 14, 2023). Judge Bush wrote the opinion for the Court, which Judge Boggs and Judge White joined. The…
Academic focus on a pending Sixth Circuit appeal
The Sixth Circuit recently heard argument in L.W. v. Skrmetti, involving Tennessee’s law prohibiting healthcare providers from performing gender-affirming surgeries and administering hormones or puberty blockers to transgender minors. The district court facially enjoined enforcement of the law as applied…
Sua Sponte State Law Certification in Opioid MDL Appeal
The Sixth Circuit issued a notable decision two days ago in one of the higher-profile appeals pending before it. The Panel’s opinion was written by Judge Griffin and joined by Judge Batchelder and Judge Bloomekatz. In its decision, the Court…
Sixth Circuit Holds that Insanity Acquittee Bears Burden of Proof in Seeking Continued Release After Violating Release Conditions
Squire Patton Boggs Summer Associate Taylor Lonas summarizes a recent opinion from the United States Court of Appeals for the Sixth Circuit holding that an insanity acquittee bears the burden of proof for showing, after violating the terms of his…
Sixth Circuit Judges Still Write Lots Of Dissenting and Concurring Opinions, But Appear To Be Less Partisan
The Sixth Circuit has a longstanding reputation for having lots of dissents and concurrences. We analyzed the last three years of opinions and found that the Sixth and D.C. Circuit have about twice the average number of dissents and…
New Standard For Notice In FLSA Collective Actions: Clark v. A&L Homecare and Training Center
The Sixth Circuit has announced new standards for collective action lawsuits under the FLSA in Clark v. A&L Homecare and Training Center. There are already many good summaries of this decision around the legal internet, so this recap will…
Reversal Rates In The Sixth Circuit And Elsewhere
This post provides the latest statistics for a question we are frequently asked: what is the chance of obtaining a reversal on appeal. Private civil cases see the most reversals of any category at 13.4%, followed by appeals in bankruptcy…