An en banc appeals court divided on party lines vacated an injunction and ruled Ohio’s ban on abortions in cases where a Down syndrome diagnosis has been made does not impose a substantial burden on women seeking the procedure.
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In a rare move that led one judge to question the court’s “reputation for impartiality,” the Sixth Circuit on Friday decided to hear initial arguments regarding Tennessee’s 48-hour waiting period abortion law — which was struck down by a federal judge — in front of the entire court.
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The Sixth Circuit reinstated a doctor’s claim he was fired for reporting that his employer was paying kickbacks to physicians for referring Medicare and Medicaid patients. The False Claims Act’s retaliation clause can be applied to an employer’s actions after it fires an employee. To read the law otherwise would encourage employers to harass and threaten whistleblowers so long as they fire them first.
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A divided appeals panel sided with an independent and ruled Michigan’s requirements to get on the ballot are too onerous for unaffiliated candidates seeking statewide office.
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Reversing the Sixth Circuit, the justices ruled evidence in the case overwhelmingly supports the trial court’s conviction and sentence.
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An appeals panel reinstated First Amendment claims brought by a philosophy professor who was threatened with suspension or termination after he refused to call a transgender student by her preferred pronouns because of his religious beliefs.
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The appeals court held the classification of bump stocks as machine guns under federal law in the wake of the 2017 mass shooting in Las Vegas should not be enforced.
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Citizens excluded from serving on Michigan’s independent redistricting commission argued before an appeals panel that the state cannot draw arbitrary lines between levels of partisan activity to preclude eligibility.
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Kentucky’s top lawyer told the Sixth Circuit the state’s price-gouging statutes regulating in-state commerce can be enforced against third-party sellers on Amazon.
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In its second set of arguments before the appeals court, the owner of a duty-free gas station on the U.S.-Canada border said Michigan summer gas volatility regulations cannot be applied to the fuel it sells.
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General Motors claims bribes made by competitor Fiat Chrysler led to increased labor costs that represent a direct harm and give it standing to pursue racketeering claims.
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The Sixth Circuit dismissed an appeal by a group of demonstrators challenging Kentucky Governor Andy Beshear’s Covid-19-related mass gathering restriction. The appeal is moot as Beshear has already withdrawn the order, but the court remanded the case for a determination as to whether further relief is appropriate on the plaintiffs’ claim that the threat of prosecution for their past violations of the order keeps the “broader case alive.”
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Kentucky’s long-arm statute does not allow students to bring harassment claims against comedian Kathy Griffin and a New York doctor for tweets sent in the aftermath of a viral Washington Monument standoff.
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The Sixth Circuit denied Tennessee’s motion for a stay of an order enjoining a state statute that imposed a 48 or 24 hour waiting period on women seeking an abortion. A stay would harm women seeking an abortion and the “public has no interest in the enforcement of an unconstitutional law,” the court ruled.
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The Sixth Circuit affirmed the dismissal of claims against the FBI brought by a man who says he was unable to buy a gun after an agent told the gun dealer the government had a problem with the company he keeps and showed the dealer photos of the would-be buyer with another person of Middle Eastern descent. The seller ultimately decided he was “no longer comfortable” selling the gun.
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An adult bookstore in Kentucky can keep its roadside billboard after a Sixth Circuit panel found state regulations on such advertisements violate the store’s First Amendment rights.
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The state of Kentucky argued on Friday before an appeals court panel that an advertisement for an adult bookstore on the side of a tractor-trailer violates state law and must be removed.
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Students involved in the 2019 standoff with a Native American leader at the Washington Monument argued Tuesday before the Sixth Circuit to reinstate harassment and invasion of privacy claims against comedian Kathy Griffin and a New York doctor.
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An attorney for Kentucky Governor Andy Beshear argued Tuesday before the Sixth Circuit that a now-rescinded ban on protest gatherings of more than 10 people – part of the state’s effort to slow the spread of Covid-19 – was sufficiently tailored to meet constitutional requirements.
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The Louisville Courier-Journal’s use of the words “derby pie” in a recipe and article featuring variations of the dessert did not infringe on a bakery owner’s trademark rights, the Sixth Circuit ruled.
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