Death 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The Sixth Circuit has voted to amend Sixth Circuit Rule 28(g), permitting the citation of unpublished opinions, to conform to the amended FRAP 32.1.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...
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