Readers of this blog may be interested in an event that the Cincinnati/Northern Kentucky chapter of the Federal Bar Association is hosting on Tuesday, December 6th from 4:00 to 5:00 p.m. at the Taft Center in Cincinnati (425 Walnut St.,
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 6
States’ Title X Challenge Returns to Sixth Circuit
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 and Human Services Rule that does two notable things: (1) the Rule eliminates the prior Administration’s…
Sixth Circuit Denies Government Emergency Relief in Air Force Vaccine Mandate Case
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, preliminary injunction against the Department. Specifically, the Sixth Circuit denied the Department’s emergency motion to stay…
Welcome to the Sixth Circuit, Judge Mathis
On Thursday, September 8, 2022, the U.S. Senate confirmed Tennessee lawyer Andre Mathis to a seat on the Sixth Circuit. That seat opened up on November 18, 2021, when Judge Bernice Donald announced she was taking senior status.…
In Concurrence, Judge Thapar Cautions: Don’t Rely Too Much on Agency Guidance
Judge Thapar issued a short and sweet concurrence today that cautioned against overly relying on agency guidance that has not gone through notice and comment. The respondent in Huscoal, Inc. v. Director, __ F.4th __ (6th Cir. 2022), had filed…
Sixth Circuit Opinion Reversed in Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita Inc.
The Supreme Court on Tuesday issued an opinion in Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita Inc., which reversed the Sixth Circuit’s October 2020 decision finding that DaVita Inc. plausibly asserted a claim against an Ohio hospital’s…
The Corpus Linguistics Bug: New Cases in the Sixth, Fourth Circuits.
In a previous post, we discussed corpus linguistics, an emerging tool in statutory and constitutional interpretation. It appears that the corpus linguistics bug is spreading, both in this Circuit and to other circuits as well. Two recent cases serve…
Rachel Bloomekatz Nominated to the Sixth Circuit
Corpus Linguistics in the Sixth Circuit and Beyond
Corpus linguistics has been in the news lately, which gives us a chance to discuss this interesting tool of statutory interpretation and, in the process, revisit some Sixth Circuit views about it.
What is corpus linguistics? We will let Circuit…
Sixth Circuit Dissolves Nationwide Injunction of Immigration Guidance
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 when the Secretary of Homeland Security issued “Guidelines for the Enforcement of Civil Immigration…