The Sixth Circuit has denied en banc review in the OSHA vaccine mandate cases. The vote was a close one, with eight judges voting in favor of initial hearing en banc. But that’s not enough under the circuit’s rules, which
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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New Sixth Circuit Vacancy Announcements
Important vacancy news was announced out of the Sixth Circuit today. Judge R. Guy Cole and Judge Helene White both announced their intent to take senior status.
That makes three Sixth Circuit judges so far (including Judge Bernice Donald)…
Sixth Circuit Clarifies Scheduling in OSHA Vaccine Cases
On Friday evening, the Sixth Circuit issued a ruling on several pending motions in the OSHA ETS litigation. Most notably, the court denied OSHA’s motion to shorten the stay briefing and to set an expedited schedule for merits briefing—which appeared…
Sixth Circuit emphasizes the importance of challenging an arbitration agreement’s delegation clause to allow a court to resolve the arbitration agreement’s enforceability.
Who decides whether parties to an arbitration agreement have to arbitrate their dispute? If there’s a delegation clause, it’ll be the arbitrator—unless a party specifically challenges the delegation clause. The Sixth Circuit issued a 2-1 decision in In re: StockX…
Amicus Briefs, OSHA, and the Sixth Circuit
Over the next week, we expect a flood of amicus briefs opposing and supporting OSHA’s Emergency Temporary Standard. There are already ten such briefs on the main docket, with many more listed amici yet to file, and many more preparing…
The Sixth Circuit and OSHA’s Upcoming December 6th Deadline.
Employers across the United States are wondering whether they need to comply with OSHA’s original, rapidly-approaching December 6th and January 4th deadlines. And while no-one yet knows with 100% certainty, probably including the judges themselves, a few things seem clear…
Opioid Update: Jury verdict reached against defendant pharmacies in opioid MDL
By Katie Brown
Yesterday, the first bellwether trial in the opioid multidistrict litigation (MDL) came to a close with a jury verdict in favor the plaintiffs. In this case, Ohio’s Lake and Trumbull counties sued CVS, Giant Eagle, Walgreens, and Walmart, arguing that…
OSHA files emergency motion to dissolve the Fifth Circuit’s stay
At 2:28 a.m. this morning, OSHA filed an (overlength) emergency motion to dissolve the Fifth Circuit’s stay of OSHA’s vaccine mandate, taking three distinct positions. OSHA principally argues, as expected, that it is likely to succeed on the merits because,…
Initial En Banc Petitions, Procedural Possibilities, and the OSHA Vaccine Mandate.
It’s been only three days since the Sixth Circuit won the JPML lottery to consolidate and adjudicate every appeal nationwide challenging OSHA’s vaccine mandate. Yet there have already been interesting developments.
Many petitioners in the original Sixth Circuit cases have…
President Biden Nominates Andre B. Mathis to the Sixth Circuit
Yesterday, President Biden nominated Memphis, Tennessee litigator Andre B. Mathis to the Sixth Circuit, filling the seat of Judge Bernice B. Donald, who announced in May that she will assume senior status upon the confirmation of her replacement.
Mathis is…