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Sixth Circuit Appellate
Our post a few weeks ago discussed the subject matters more likely to attract en banc review, and this post will talk about the effect of panel composition on en banc review. The chief reason to worry about who is on your panel is because they will be deciding your case. The federal courts of...... Continue Reading
October 2025 | Blog
We have looked through the last ten years of en banc decisions in the interest of the perennial question of what makes the Sixth Circuit more likely to grant a petition for en banc review. But first a word on how many cases the judges accept . After increasing to six en banc cases per...... Continue Reading
September 2025 | Blog
Check out this post from our sister blog on an important employment decision: Sixth Circuit Extends Family Member Relationships Covered By Family and Medical Leave Act (US) | Employment Law Worldview… Continue Reading The post Sixth Circuit Extends Family Member Relationships Covered By Family and Medical Leave Act appeared first on Sixth Circuit Appellate Blog.
December 2024 | Blog
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
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.
July 2024 | Blog
The Supreme Court issued three opinions today, including an important decision on whether omissions in SEC filings are actionable, and a decision that the Takings Clause does not distinguish between legislative and administrative land-use permit conditions (and that relies on Judge Murphy’s recent Takings Clause decision). But no decision yet on the highly-anticipated blockbuster cases...… Continue Reading The post While We Are Waiting On Chevron appeared first on Sixth Circuit Appellate Blog.
April 2024 | Blog
The Sixth Circuit has a longstanding reputation for having lots of dissents and concurrences. We analyzed the last three years of opinions and found that the Sixth and D.C. Circuit have about twice the average number of dissents and concurrences opinions per case than other circuits. Partisan and ideological differences account for some dissents, in...… Continue Reading The post Sixth Circuit Judges Still Write Lots Of Dissenting and Concurring Opinions, But Appear To Be Less Partisan appeared first on Sixth Circuit Appellate Blog.
June 2023 | Blog
The Sixth Circuit has announced new standards for collective action lawsuits under the FSLA in Clark v. A&L Homecare and Training Center. There are already many good summaries of this decision around the legal internet, so this recap will be short. The question is how to determine whether other potential plaintiffs are “similarly situated” so...… Continue Reading The post New Standard For Notice In FSLA Collective Actions: Clark v. A&L Homecare and Training Center appeared first on Sixth Circuit Appellate Blog.
This post provides the latest statistics for a question we are frequently asked: what is the chance of obtaining a reversal on appeal. Private civil cases see the most reversals of any category at 13.4%, followed by appeals in bankruptcy and civil appeals involving the United States at 12.5%. In other words, the circuit reverses...… Continue Reading The post Reversal Rates In The Sixth Circuit And Elsewhere appeared first on Sixth Circuit Appellate Blog.
May 2023 | Blog
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, Seventh, Tenth and D.C. Circuits were three times more likely to be cited than opinions from...… Continue Reading The post What Circuits Have The Most (and Least) Influence On The Sixth Circuit? appeared first on Sixth Circuit Appellate Blog.
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 to refer patients to each other. Chief Judge Sutton’s opinion rejected the argument that the...… Continue Reading The post The Sixth Circuit Rejects En Banc Review Regarding Remuneration and Causation Under the False Claims Act appeared first on Sixth Circuit Appellate Blog.
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