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Recently, the Sixth Circuit said it would not reconsider its October 2025 ruling that affirmed the rule that the fruits of counsel’s investigations are protected under privilege, holding “there is no way to affirm the district court’s ruling [compelling production of withheld documents] without abandoning nearly a half century of jurisprudence concerning the scope of...... Continue Reading
December 2025 | Blog
Sixth Circuit Appellate
A recent Sixth Circuit decision by Judge Murphy highlighted that sometimes the decisive antitrust issue is identifying who was harmed and where they sit in the distribution chain. In Academy of Allergy & Asthma et al. v. Amerigroup Tennessee, Inc, the court affirmed that a provider’s federal antitrust claims were too indirect to recover under...... Continue Reading
Under the Constitution, the federal government runs on congressional appropriations. But Congress has not passed funding beyond October 1, thus the government is “shut down.” Federal courts generally and the Sixth Circuit particularly have proceeded apace without new funds. But the federal judiciary’s coffers have run dry. As of yesterday, October 20, the courts entered...... Continue Reading
October 2025 | Blog
“Let’s Go Brandon” was the message on the sweatshirts two siblings wore to middle school. Everyone knows what that phrase means – including their teachers, so the school required the boys to change clothes. That left their mother unhappy; she sued the school for silencing her kids. This week, a divided Sixth Circuit panel sided...... Continue Reading
Each year, more than 8,000 people are convicted for unlawful possession of a firearm under 18 U.S.C. § 922(g). About 90% of those cases arose from gun possession by a felon. Firearm prosecutions are reportedly “the third most common federal offense.” Such prosecutions are even more common in some districts, including the Middle District of...… Continue Reading The post The Second Amendment Permits The Disarming of “Dangerous” Felons appeared first on Sixth Circuit Appellate Blog.
August 2024 | Blog
The “maxim that wrongdoers may not profit from their wrongs” is having a big week at the Sixth Circuit. In two cases—one about ERISA, the other about restitution—sons betrayed their mothers for financial gain. The facts in these cases are devastating, though the legal issues are fascinating nonetheless. In short, the murderer lost, but the...… Continue Reading The post Sixth Circuit Explores the General Law of Wrongdoership appeared first on Sixth Circuit Appellate Blog.
In Department of Education v. Louisiana, the Supreme Court issued a rare August opinion to maintain two preliminary injunctions that block the Department of Education’s new rule. That rule expands Title IX to prevent sexual-orientation and gender-identity discrimination. State coalitions brought challenges; district courts in Louisiana and Kentucky enjoined the rule during the litigation; the...… Continue Reading The post In Rare Summer Opinion, Supreme Court Follows Sixth Circuit’s Lead appeared first on Sixth Circuit Appellate Blog.
A Tennessee law prevents changing one’s designation of sex on his or her birth certificate, even if that person has changed gender identity on other official documents as in life. In Gore v. Lee, the Sixth Circuit affirmed this law’s constitutionality. This decision is best understood in tandem with another gender-rights case from Tennessee: L.W....… Continue Reading The post Divided Sixth Circuit Panels Find Tennessee Gender Laws Constitutional appeared first on Sixth Circuit Appellate Blog.
July 2024 | Blog
Given the continuing discussion about the Supreme Court’s decision to overrule Chevron in Loper Bright Enterprises v. Raimondo, we thought that a review of the decision (and its limits) is in order. The Loper Bright decision The 6-3 decision written by Chief Justice Roberts launched a full-throated attack on deference to administrative agencies: “Chevron gravely...… Continue Reading The post The limits of Loper Bright and the long decline of Chevron appeared first on Sixth Circuit Appellate Blog.
The Supreme Court’s recent spate of high-profile decisions gives Court watchers much to process. At this blog, we hope to explore many of those decisions as summer progresses. In the meantime, we note a couple details from the Court’s Order List this week following its “clean-up conference.” I count 30 cases the Court granted, summarily...… Continue Reading The post Supreme Court GVRs Two Sixth Circuit Cases And Other Highlights from the Order List appeared first on Sixth Circuit Appellate Blog.
Congratulations are in order to the forty-something law clerks that swore in to the Sixth Circuit bar Wednesday. That was a prelude to the court’s en banc argument on campaign finance restrictions in National Republican Senatorial Committee v. FEC. The Committee challenges the constitutionality of part of the Federal Election Campaign Act that places limits...… Continue Reading The post En Banc Court Hears First Amendment Challenge to Campaign Finance Restriction appeared first on Sixth Circuit Appellate Blog.
June 2024 | Blog
Today, the Sixth Circuit took the relatively rare step of granting a criminal defendant’s release from prison before deciding the merits of his case. That followed last week’s oral argument in the high-profile criminal appeal of Alexander “P.G.” Sittenfeld, the former Cincinnati City Councilperson. Sittenfeld’s counsel closed his rebuttal argument by renewing his request for...… Continue Reading The post Sixth Circuit Grants P.G. Sittenfeld Release from Prison Pending Appeal appeared first on Sixth Circuit Appellate Blog.
May 2024 | Blog
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