Presidential Signing Statements Undermine Constitutional System of Checks and...
Professor Richard Epstein of the University of Chicago Law School has a worthwhile op-ed piece in the Sunday Chicago Tribune entitled "The Problem With Presidential Signing Statements."
View ArticleFederalist Society Critique of the Ohio Supreme Court
The Federalist Society has posted a critique of the alleged activism exhibited by the Ohio Supreme Court in the years leading up to the November 2004 elections entitled The Ohio Supreme Court: A Court...
View ArticleShould Law Firm Diversity Be a Criterion in the Appointment of Lead Class...
Adam Savett has a post in his blog Lies, Damn Lies & Forward-Looking Statements regarding a recent order from the District of Minnesota requiring counsel seeking appointment as lead class counsel...
View ArticleOhio Court of Appeals Upholds Reduced Punitive Damages Award in Securities...
Adam Savett, author of the excellent blog Lies, Damn Lies and Forward-Looking Statements, has called to our attention this story on the recent decision from the Court of Appeals for Marion County,...
View ArticleFederal Court Rejects Bush Administration's State Secrets Defense in Suit...
In a notable rebuke of the Administration's claim for the exercise of unfettered Executive Branch powers in the interests of national security during wartime, Chief District Judge Vaughn R. Walker...
View ArticleMore on Presidential Signing Statements
Supplementing our July 17 post on Professor Richard Epstein's commentary regarding presidential signing statements, the ACS Blog recently treats the same subject in the wake of President Bush's first...
View ArticleOhio Supreme Court Holds Retired Judges May Not Preside Over Jury Trials,...
On July 12, the Ohio Supreme Court issued its opinion in a widely-followed case involving the referral of cases or submission of issues to retired judges by stipulating parties pursuant to Section...
View ArticlePlaintiffs' Class Action Firm Ordered to Make Financial Disclosure
Plaintiffs' class-action law firm, Milberg Weiss Bershad & Schulman, already under fire and under indictment for allegedly paying millions of dollars in incentives to entice clients to become...
View ArticleHouse Financial Services Committee Holds Hearing on H.R. 5491
The Capital Markets, Insurance and Government-Sponsored Enterprises Subcommittee of the House Financial Services Committee held a hearing on June 28, 2006 on H.R. 5491, a bill entitled the "Securities...
View ArticleGamble Succeeds as Ohio Supreme Court Unanimously Holds Part of Ohio's...
Carl and Joy Gamble finally succeeded in stopping the City of Norwood from bulldozing their home to pave the way for a $125 million shopping and office complex, as they and two other homeowners...
View ArticleMore on Presidential Signing Statements: Prof. Tribe Takes Issue with ABA Report
Harvard Law School Professor Laurence Tribe has this thoughtful guest post in Balkinization criticizing the recent Report and Recommendation of the ABA Task Force on Presidential Signing Statements and...
View ArticlePresidential Signing Statements Redux: The Debate Intensifies
Eight distinguished lawyers and law professors who formerly served in the Justice Department's Office of Legal Counsel have now weighed in on the debate raging over the legality of President Bush's use...
View ArticleDomestic Spying Program Declared Unconstitutional; Government Plans Appeal to...
In a strongly-worded and broadly-based rebuke of a cornerstone of the Administration's war on terror, U.S. District Judge Anna Diggs Taylor today issued an opinion declaring the Terrorist Surveillance...
View ArticleSixth Circuit Requires Disclosure of Attorney Work Product Provided to Expert...
In a ruling of first impression in the Sixth Circuit on whether attorney opinion work product given to expert witnesses is discoverable under Rule 26 of the Federal Rules of Civil Procedure, the Court...
View ArticleSixth Circuit Upholds Certification of a State-Wide Express Warranty Class,...
In a Rule 23(b)(3) class action filed in the Southern District of Ohio, the class seeks damages against Ford Motor Company for a defective throttle assembly that allegedly causes the accelerator to...
View ArticleMore on Eminent Domain and Norwood vs. Horney
Our thanks to Jason Harrow of Scotusblog for pointing out Ilya Somin's op-ed piece in Legal Times regarding the status of eminent domain after Kelo and the Ohio Supreme Court's recent decision in...
View ArticleMore on Domestic Spy Program
Lyle Denniston has this post in Scotusblog on the NSA spy program declared unconstitutional last week by Judge Anna Diggs Taylor. Our post on the decision can be found here.Scotusblog also has a...
View ArticleNeither Disgorgement Damages Nor Punitive Damages May be Aggregated to...
After having been away for two months due to a variety of factors (en banc argument in Sixth Circuit, Jewish high holy days, daughter's wedding), we are more than ready to climb back into the saddle...
View ArticleSupreme Court Denies Cert. in Sixth Circuit Case
On October 2, the Supreme Court denied certiorari in Case No. 06-38, Detroit Entertainment LLC v. Romanski. A jury found that respondent had been arrested at a casino without probable cause and...
View ArticleSixth Circuit Stays Implementation of Judge Taylor's Order Permanently...
We have previously posted on the August 17 opinion by Judge Anna Diggs Taylor (E.D. Mich.) declaring the NSA's domestic wiretap and surveillance program unconstitutional and in violation of FISA and...
View ArticleDeath Penalty Arguments Next Week
In a week with an exceptionally heavy oral argument calendar, four cases stand out for special attention by the Court:1. Monday afternoon, October 30, the Sixth Circuit will hear oral arguments on the...
View ArticleNew Sixth Circuit Rules
The Sixth Circuit has voted to amend Sixth Circuit Rule 28(g), permitting the citation of unpublished opinions, to conform to the amended FRAP 32.1. The Court notifies interested parties that they...
View ArticleSupreme Court Grants Cert. in Cases Involving Circuit Splits Where Sixth...
In its September 26 Orders granting certiorari in nine cases for decision this term, the Supreme Court has accepted for review two issues involving deep circuit splits in which the Sixth Circuit has...
View ArticleElection Law Case Scheduled for En Banc Hearing
On December 6, 2006, the Sixth Circuit sitting en banc will hear arguments in an important election law case debating the precedential value of the Supreme Court's controversial 5-4 decision in Bush v....
View ArticleNew Ethics Rules May Restrict Lawyers' Blogs (Blawgs)
In a development that has many lawyers across the country wondering whether we are on the precipice of radical changes in multiple jurisdictions, New York has proposed new ethics rules which would...
View ArticleSupreme Court Hears Arguments in Three Sixth Circuit Cases
The Supreme Court began its November argument calendar on Monday, October 30, with three cases from the Sixth Circuit -- Osborn v. Haley, Case No. 05-593, and consolidated argument in Jones v. Bock,...
View ArticleSixth Circuit Strikes Down Ohio Law Restricting Minors' Judicial Petitions...
The Sixth Circuit today declared facially unconstitutional the "single-petition rule" set forth in ORC 2919.121(C) -- enacted by Ohio House Bill 421 in 1998 -- that limits minors seeking a judicial...
View ArticleSupreme Court Denies Cert. in Exclusionary Rule Case
In its Orders issued today, the Supreme Court denied the petition for a writ of certiorari to the Sixth Circuit In McClain v. United States, Case No. 06-160, presenting the question whether evidence...
View ArticleTellabs Argument -- Opportunities Squandered
Today's oral argument before the Supreme Court in Tellabs, Inc. v. Makor Issues & Rights, Ltd. was as frustrating to many of the Justices as it was to this observer and a packed gallery gathered to...
View ArticleTellabs Redux
The Washington Post carried this story about Wednesday's oral argument in Tellabs vs. Makor Issues & Rights. The AP reported on the pointed exchanges between Professor Arthur Miller and Justice...
View ArticleTellabs Defines "Strong Inference" for Pleading Securities Fraud Under the...
We have returned after an extended hiatus occasioned by several significant hearings in April and May and back-to-back trials over the last month. But important developments in the interim must be...
View ArticleSupreme Court Grants Cert. in Key ERISA Case
On Monday, June 18, the Supreme Court granted certiorari in LaRue v. DeWolff Boberg & Associates, Case No. 06-856, for the October 2007 term. Responding to a CVSG (call for the views of the...
View ArticleWeil Gotshal Publishes Survey of 2006 Securities Fraud Litigation
Our thanks to Paul Ferrillo of Weil Gotshal & Manges for alerting us to his firm's comprehensive 2006 survey of securities fraud litigation. You can view the full publication here or download the...
View ArticleSixth Circuit Holds Expert Witness Fees Are Not Recoverable as Costs Under...
On January 23, 2007, the Sixth Circuit held in L & W Supply Corp. v. Acuity, No. 05-6845 (the slip opinion posted on the Court's website can be found here), "that expert witness fees may not be...
View ArticleSupreme Court Denies Review of Age Discrimination Claim Against Cash-Balance...
On January 16, 2007, the Supreme Court denied cert. in Cooper v. IBM Personal Pension Plan, Case No. 06-760, a case challenging cash-balance pension plans (as they existed before the law was changed...
View ArticleSupreme Court Reverses 6th Circuit's Dismissal of Parents' Rights Case
On May 21, 2007, the Supreme Court reversed the Sixth Circuit in Winkelman v. Parma City School District, Case No. 05-983, a case involving a major issue of parental rights under the Individuals with...
View ArticleWhether Sovereign Immunity Bars Claim for Lost Personal Property Under...
On May 29, 2007, the Supreme Court granted review of four new cases for decision during the October 2007 term, including a federal prisoner's rights case from the 11th Circuit, Ali vs. Federal Bureau...
View ArticleFollow-Up on Federal Tort Claims Act Sovereign Immunity
Jean-Claude Andre is counsel for a federal prisoner in Ali v. Federal Bureau of Prisons, Case No. 06-9130, on certiorari to the 11th Circuit, raising the question of whether the immunity attaching...
View ArticleIs LaRue Moot After All?
On June 24 we reported that the Supreme Court had granted certiorari in an important ERISA case, LaRue v. DeWolff Boberg, Case No. 06-856, on June 18. James LaRue is a former employee of DeWolff,...
View ArticleSixth Circuit Judges on Tom Goldstein's (Not So) Short List
Two sitting Sixth Circuit judges, Deborah L. Cook and Jeffrey S. Sutton, are among Tom Goldstein's short-list of 30 potential nominees for a Supreme Court appointment if a Republican administration...
View ArticleThe De-Value of Everything
This is a law site, but many of us see baseball as a metaphor for much of life, so on his historic occasion (or at least the day after), I hope you will indulge my brief reverie.When contemplating the...
View ArticleOn Rehearing En Banc, Sixth Circuit Affirms Panel Decision and Dismisses...
A rare event. An uncommon or unusual occurrence. Isolated. Extraordinary. Virtually unheard of. Once in a blue moon.All of these terms accurately describe the Sixth Circuit's en bancdecision filed...
View ArticleEmerging Standards for Production of Electronically Stored Information
Although not strictly a matter of appellate law, there has been substantial controversy over the manner in which electronically-stored information (ESI) must be produced in discovery. Requesting...
View ArticleSLUSA Provision Authorizing Federal Courts to Stay State Court Discovery to...
The Private Securities Litigation Reform Act of 1995 (PSLRA), at 15 U.S.C. 78u-4(b)(3)(B), provides for a mandatory stay of "all discovery and other proceedings" in private securities actions:In any...
View ArticleScheme Liability Survives Stoneridge - Barely
In its long-awaited decision announced on Tuesday in Stoneridge Investment Partners LLC v. Scientific-Atlanta, Inc., 552 U.S. __ (2008) (the Court's slip opinion is here), the Supreme Court ruled that...
View ArticleThe 2008 Elections - A Personal View
I was born during the first year of the Eisenhower administration. In the 55 years since, our country has been led for 35 years by Republican presidents (64% of that period) and for 20 years by...
View ArticleSixth Circuit Significantly Shortens Limitations Period for ERISA Claims
Congress did not provide an express statute of limitations for a participant's action “to recover benefits due to him under the terms of his plan" under ERISA § 502(a)(1)(B), 29 U.S.C. § 1132(a)(1)(B)....
View ArticleOral Argument in Grable & Sons Metal Products vs. Darue Engineering (No....
Here, courtesy of The Oyez Project, is the link to the audio recording and synchronized transcript of the oral argument held on April 18, 2005, in Grable & Sons Metal Products vs. Darue...
View ArticleStill Under Attack: Key Provision of Health Care Reform
The Commonwealth of Virginia's constitutional challenge to the so-called "individual mandate," a key provision of the health care reform bill enacted by Congress earlier this year, has survived a...
View Article"Doubts on New Health Law"
Lyle Denniston has an excellent post on Monday afternoon in Scotusblog summarizing Judge Henry Hudson's ruling that denied the Justice Department's motion to dismiss Virginia's constitutional...
View Article