About a decade ago, this blog found that Sixth Circuit judges cited the Second, Seventh, and Ninth Circuits more often than any other circuit. When we controlled for the number of opinions, we found that opinions from the First,
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.
Latest from Sixth Circuit Appellate Blog - Page 5
The Sixth Circuit Rejects En Banc Review Regarding Remuneration and Causation Under the False Claims Act
Last week the en banc court rejected a petition in United States ex rel. Martin v. Hathaway, 63 F.4th 1043, 1054 (6th Cir. 2023), a False Claims Act case in which an ophthalmologist and a hospital had an informal agreement…
The Three Circuits That Publish Far More Opinions Than Any Others—And How The Sixth Circuit Stacks Up
The latest statistics on unpublished opinions show an important trend between the circuits. Across all circuits, 86% of written opinions are unpublished. That means they are not precedential, so they do not create circuit law. And most of those unpublished…
Sixth Circuit Invalidates Application of Nashville’s Sidewalk Ordinance Under The Takings Clause
In Knight v. Metro. Gov’t of Nashville and Davidson County (No. 21-6179), the Sixth Circuit decided a longstanding question about the standard that applies to conditions imposed by a legislature on those applying for building permits. The issue is…
Virtues of restraint in federal appellate brief writing
Nearly a decade ago, in an opinion by Judge Kethledge, the Sixth Circuit set forth “good reasons not to call an opponent’s argument ‘ridiculous.’” Bennett v. State Farm Mut. Auto. Ins. Co., 731 F.3d 584 (6th Cir. 2013). These included…
How Long Does The Sixth Circuit Take To Resolve Appeals?
The Sixth Circuit has been slowly moving up the rankings for the time it takes to decide an appeal. A decade ago, the Sixth and Ninth Circuits took the longest time to each a decision. But while the Ninth Circuit…
The Sixth Circuits Rejects The “Juridical Link” Test For Class Actions
In Fox v. Saginaw County (No. 22-1265/1272), the Sixth Circuit rejected a class action where multiple defendants have identical policies, but the named plaintiff was only injured by one defendant. Until recently, Michigan law permitted counties to obtain complete…
Sixth Circuit Limits Anti-Kickback Claims Brought Under False Claims Act
Our colleagues at the Global Investigations & Compliance Review Blog have written about an important decision the Sixth Circuit issued last week. In its opinion, the Court limited the scope of Anti-Kickback claims under the False Claims Act. You can…
Panel Holds that Ohio Aggravated Burglary Statute Does Not Count as Predicate Violent Felony under ACCA.
Co-authored by: Stephanie A. Darville & Shams H. Hirji
About two weeks ago, the Sixth Circuit issued an important decision in United States v. White, No. 21-3209. Judge White wrote the unanimous opinion for the Court, which was joined…
A Brief History and Status of (Cleaned Up) in the Sixth Circuit
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 Sixth Circuit? Which judges use it regularly, which judges never use it, and…