Nearly two years ago, a panel of the Sixth Circuit declined to let the Kentucky Attorney General intervene in a Sixth Circuit case to defend a Kentucky law. About a week ago, the Supreme Court reversed and remanded. This
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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Potential Sea Change in Sixth Circuit’s Certification of FLSA Collective Actions
A Fair Labor Standards Act case is working its way through the Sixth Circuit and could have serious ramifications for FLSA plaintiffs in the Sixth Circuit. In this post, we discuss the potential sea change that a decision in In…
Sixth Circuit Declines to Enjoin HHS’s Title X Abortion Referral Rule
On February 8, the Sixth Circuit issued an unsigned order declining to enjoin (pending appeal) an HHS rule that does at least two notable things: (1) the rule eliminates the prior Administration’s requirement “that grantees create strict physical and financial…
Opioid Update: Court denies pharmacies’ motion for certification of an interlocutory appeal
By Katie Brown
Earlier this week in the Opioid MDL, Judge Polster denied the defendant pharmacies’ motion for certification of an interlocutory appeal. The defendants asked him to certify three issues for appeal: (1) whether the Ohio Product Liability Act abrogated the public…
Sixth Circuit Awards Attorney Fees to Multiple Qui Tam Relators
Last week, a panel of the Sixth Circuit unanimously greenlighted an award of attorney fees for multiple qui tam relators who had entered into a settlement agreement with the government and defendants under the False Claims Act. Judge Moore authored…
Judge Davis Nominated to the Sixth Circuit
President Biden has nominated Judge Stephanie Dawkins Davis, of the Eastern District of Michigan, to the Sixth Circuit. She litigated products liability and commercial cases for five years at Dickinson Wright in Detroit, and then joined the US Attorney’s office…
A Closer Look at the Sixth Circuit’s Decision on the Contractor Mandate
With OSHA’s decision to withdraw its ETS in the face of a hostile Supreme Court, and the Court’s 5-4 decision to uphold the CMS mandate, it’s worth taking a closer look at the Sixth Circuit’s decision to stay the contractor…
OSHA Announces Intent to Withdraw ETS
The saga of the OSHA ETS litigation has (nearly) come to an end. Yesterday, the DOJ filed a motion in the Sixth Circuit to dismiss as moot all of the consolidated petitions challenging OSHA’s vaccine-or-test mandate. The DOJ informed the…
The Sixth Circuit Holds Argument on the Tax Mandate
Today, the Sixth Circuit will consider another governmental mandate–this one, a tax mandate–as it hears argument (by video) in a case that pits Ohio once more against the federal government. The case is Ohio v. Yellen, No. 21-3787. The panel…
The OSHA Mandate Decision and the Sixth Circuit
The Supreme Court’s recent per curiam opinion on OSHA’s vaccine-or-test mandate for businesses takes a practical approach to agency power, though the dissent would rather the Court have taken a more practical approach to the pandemic. The majority opinion holds…