6th Circuit Opinions & Cases | National Law Review

The United States Sixth Circuit includes the states of: Tennessee, Ohio, Kentucky, and Michigan. The US Court of Appeals for the Sixth Circuit is the Potter Stewart US Courthouse in Cincinnati, OH. Michigan and Kentucky are further broken down to the Eastern/Western Districts. Tennessee is broken down to Eastern/Western/Northern District, and Ohio is broken down into the Northern/Southern Districts.

The US Court of Appeals for the sixth circuit is in Cincinnati. Kentucky’s Eastern District Court is in Lexington and Western District is in Louisville. Michigan’s Eastern District Court is in Detroit and Western District is in Grand Rapids. The Northern District Court in Ohio is in Cleveland and Southern District in Columbus. The Eastern District Court in Tennessee is in Knoxville, Middle District in Nashville, and Western District in Memphis, TN.

Currently there are 16 active judges and 12 senior judges which make up the bench in the Sixth Circuit Court System. Elena Kagan is the Circuit Judge on the Supreme Court, and Ransey Guy Cole Jr is the Chief Justice for the Sixth Circuit. President William Howard Taft was the only individual to be president and serve as the Chief Justice for the Circuit Court, where he presided over the Sixth Circuit.

American Civil Liberties Union v National Security Agency (2007) is one of the famous cases to come out of this Circuit. The court in this case held that plaintiffs didn’t have proper standing to bring the lawsuit against the NSA. They could not present evidence that they were “targets” of the TSP (Terrorist Surveillance Program). The Appellate court reversed the lower court’s ruling finding that plaintiffs could not prove they were or would be subject to surveillance by the NSA.

The Sixth Circuit has seen plenty of litigation going through the circuit and appellate level in recent years. From mergers & acquisitions, to recent reversals on lower-court cases, the circuit is highly influential in setting precedent in its own district, and throughout the US. The Sixth Circuit is also known for its high rate of reversals at the US Supreme Court level, as a total of 24 out of the 25 times, from October 2008 and ending in June 2013, cases were overturned, making it the highest overturn rate in the US.

The National Law Review covers a broad range of cases decided in the Sixth Circuit Government Surveillance, bankruptcy litigation, tax-court appeals, jurisdictional rights of parties to a lawsuit, class action lawsuits, opioid addiction and drug cases, and cases dealing with employee/employer lawsuits and employee rights. The National Law Review covers general information detailing appointments in the Sixth Circuit, Agency News (NLRB, EEOC, DOJ, DoD, etc.), and the latest lawsuits in the Circuit Court System.

Date	Title	Organization
3 Feb	Sixth Circuit Expands Retaliation Protections For Employees Potentially Entitled To Leave Under The FMLA	Barnes & Thornburg LLP
20 Jan	Sixth Circuit Upholds Block of Federal Contractor COVID-19 Vaccine Mandate	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
3 Jan	Hardwick Case Briefing One of Most Significant PFAS Legal Briefs Yet	CMBG3 Law
29 Dec	Federal Court Permanently Shuts Down Detroit Tax Preparers	The U.S. Department of Justice
19 Dec	A Brief History and Status of (Cleaned Up) in the Sixth Circuit	Squire Patton Boggs (US) LLP
18 Dec	Two Tennessee Men Arrested for Planning Attacks on Law Enforcement Personnel and the FBI’s Knoxville Field Office	The U.S. Department of Justice
15 Dec	Supreme Court Declines to Clarify FCA Pleading Standard	Bradley Arant Boult Cummings LLP
2 Dec	Kroger “Naturally Flavored” Sparkling Water Federal Class Action Lawsuit Filed	Keller and Heckman LLP
1 Dec	Episode 51: The Sixth Circuit Analyzes Key Concepts in Trade Secret Law in Affirming Major Jury Verdict [PODCAST]	Greenberg Traurig, LLP
29 Nov	A Healthy Dose of Seeds: Unique Combination Trade Secrets Entitled to Protection	McDermott Will & Emery
29 Nov	Reap What You Sow – Sixth Circuit Affirms Recovery of Research and Development Costs to Agricultural Company in Trade Secret Case	Sheppard, Mullin, Richter & Hampton LLP
10 Nov	U.S. Tax Court Invalidates Conservation Easement Notice, Abates Reportable Transaction Penalty for Failure to Comply with Administrative Procedure Act	Greenberg Traurig, LLP
10 Nov	Don’t Drop a Vein: Sixth Circuit Affirms Dismissal of Surgical Assistant’s Age Suit	Bradley Arant Boult Cummings LLP
8 Nov	Class Action Litigation Newsletter \| Fall 2022	Greenberg Traurig, LLP
4 Nov	Sixth Circuit: Reasonable Notice Required to Terminate a Successive Contract	Miller Canfield
4 Nov	Whirlpool Update: New Filings and Distribution for Supreme Court Conference	McDermott Will & Emery
28 Oct	Supreme Court Denies Certiorari in Three FCA “Particularity” Cases.	Robinson & Cole LLP
25 Oct	Supreme Court Declines to Weigh in on False Claims Act Pleading Requirements	Mintz
24 Oct	States’ Title X Challenge Returns to Sixth Circuit	Squire Patton Boggs (US) LLP
6 Oct	Don’t Throw in the Towel: Retroactive Copyright Protects Fight Live Stream	McDermott Will & Emery
20 Sep	The Tide May Be Turning on Flood of ERISA Excessive Fee Class Actions	Greenberg Traurig, LLP
12 Sep	PFAS Hardwick Case – Significant Court Ruling May Reduce Class	CMBG3 Law
12 Sep	Sixth Circuit Denies Government Emergency Relief in Air Force Vaccine Mandate Case	Squire Patton Boggs (US) LLP
8 Sep	BUT WHY?: TCPA Defendant Ordered to Provide Testimony on Class Size Despite Numerosity Waiver	Troutman Firm
8 Sep	Novel Derivative Sovereign Immunity Defense Struck as Forfeited	McDermott Will & Emery
8 Sep	In Concurrence, Judge Thapar Cautions: Don’t Rely Too Much on Agency Guidance	Squire Patton Boggs (US) LLP
2 Sep	United States Awarded $10 Million Default Judgment and Permanent Injunction Against Two Michigan Companies and Their Owner for the Sale of Vehicle Emission “Defeat Devices”	U.S. Environmental Protection Agency
26 Aug	Mistaken Identity? Brokerage Out of TCPA Class Action After Plaintiff Comes Up Empty in 1st Class Mix Up	Troutman Firm
16 Aug	Get with the Spirit: 6th Circuit Tutorial on Context-Specific Pleading in ERISA Fee-And-Expense Cases After Northwestern v. Hughes	Greenberg Traurig, LLP
12 Aug	Supreme Court to Consider Whirlpool’s Petition for Certiorari in Significant Subpart F Case	McDermott Will & Emery
10 Aug	Class Action Litigation Newsletter \| Summer 2022	Greenberg Traurig, LLP
4 Aug	Holdover Trademark Licensee Status Can’t Do Heavy Lifting on “Exceptionality”	McDermott Will & Emery
2 Aug	Disregarding Administrative Tax Guidance Aided the IRS in Two Cases and the Taxpayer in a Third Case	Miller Canfield
1 Aug	Federal Court Dismisses a Dealer’s Suit for Violation of the Kentucky Retail Sales of Equipment Act	Foley & Lardner LLP
21 Jul	6th Circuit Tosses ERISA Fiduciary Breach Claims	Jackson Lewis P.C.
21 Jul	Sixth Circuit Upholds Dismissal of Some Investment Fee and Performance Claims But Allows Mutual Fund Share Class Claim to Proceed to Discovery	Proskauer Rose LLP
13 Jul	Sixth Circuit Denies Proceeds Regulation Rehearing Request, Sets Up a Circuit Split	McDermott Will & Emery
13 Jul	U.S. Supreme Court Agrees with HHS Payment Methodology for Disproportionate Share Hospitals	Squire Patton Boggs (US) LLP
11 Jul	BERMAN BEATER: Court Holds Lower My Bills’ Form Sufficient to Capture Binding Arbitration Provision	Troutman Firm
6 Jul	Defendants Secure Motion to Dismiss Victories in Three Post-Hughes Decisions	Proskauer Rose LLP
1 Jul	Sixth Circuit Affirms First Amendment Protections for University Professor Refusing to Use Transgender Pronouns	Wilson Elser Moskowitz Edelman & Dicker LLP
24 Jun	Sixth Circuit Opinion Reversed in Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita Inc.	Squire Patton Boggs (US) LLP
22 Jun	Property Valuation Issues Are Ill-Suited for Class Certification According to the Sixth Circuit	Robinson & Cole LLP
15 Jun	Supreme Court Resolves Circuit Split Over 28 U.S.C. § 1782	Bracewell LLP
10 Jun	Leverage the 'Honest Belief Rule' When Conducting Workplace Investigations	Barnes & Thornburg LLP
10 Jun	The Corpus Linguistics Bug: New Cases in the Sixth, Fourth Circuits	Squire Patton Boggs (US) LLP
9 Jun	HEARWHAT?: Lindenbaum TCPA Defendant Wins Big on Remand Because Plaintiff Can’t Solve the Hearsay Rules	Troutman Firm
9 Jun	Tractor Supply Gets Lift from Court with Diversity Suit Dismissal	Proskauer Rose LLP
6 Jun	District Court Grants Government’s Motion for Reconsideration in CIC Services: IRS Not Required to Return Disclosure Documents Obtained Under Notice 2016-66	Greenberg Traurig, LLP
27 May	DOJ Denies Alleged Circuit Split on Particularity Requirement in FCA Cases	ArentFox Schiff LLP
25 May	Rachel Bloomekatz Nominated to the Sixth Circuit	Squire Patton Boggs (US) LLP
20 May	US Supreme Court Requests Solicitor General's Views in FCA Rule 9(b) Context	ArentFox Schiff LLP
18 May	Federal Contractors Beware: Firm-Fixed-Price Contract Negotiations & FCA Liability	ArentFox Schiff LLP
18 May	Class Action Fairness Act Does Not Override the Federal Arbitration Act, According to the Sixth Circuit	Robinson & Cole LLP
13 May	Corpus Linguistics in the Sixth Circuit and Beyond	Squire Patton Boggs (US) LLP
10 May	Sixth Circuit Rejects Arbitration Of Certain ERISA § 502(a)(2) Claims, Ruling That Employee Consent To Arbitration May Not Bind Plan In Putative Class Action	Robinson & Cole LLP
9 May	Creditor Not Entitled to Post-Sale Discovery to Attempt to Amend Sale Proceeds Distribution	Nelson Mullins
5 May	Sixth Circuit Rejects Arbitration for Proposed Fiduciary Breach Class Action	Proskauer Rose LLP
3 May	Despite Defense Verdicts in Healthcare Wage-Fixing Suits, Feds Remain Resolute	MoginRubin
29 Apr	Class Action Litigation Newsletter \| Spring 2022	Greenberg Traurig, LLP
28 Apr	Arbitration of Fiduciary Breach Claim Cannot Be Compelled by Relying on Individual Employment Agreements	Miller Canfield
25 Apr	The Saga Continues in CIC Services v. IRS: Government Moves to Prevent IRS from Returning Disclosure Documents Obtained from Nonparties Under Notice 2016-66	Greenberg Traurig, LLP
22 Apr	Sixth Circuit Decision Highlights Fiduciary Duties in Handling Premiums and Disclosing Information	Miller Canfield
21 Apr	Supreme Court Decides Five Cases, Some of Which Lay Down Markers That Could Impact Future Decisions: SCOTUS Today	Epstein Becker & Green, P.C.
18 Apr	Recent Litigation Shines Spotlight on Hospital and Physician Group Transactions	McDermott Will & Emery
15 Apr	Sixth Circuit Dissolves Nationwide Injunction of Immigration Guidance	Squire Patton Boggs (US) LLP
15 Apr	Spotlight on Sub-Regulatory Guidance: Applying Agency Guidance to an Allergan Framework	McDermott Will & Emery
13 Apr	Leave as a Reasonable Accommodation Continues to Vex Employers	Bradley Arant Boult Cummings LLP
5 Apr	Sixth Circuit: Employee-Driven Talk About Retirement Does Not Prove Employer’s Discriminatory Pretext	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
4 Apr	PFAS Class Action Lawsuit Updates	CMBG3 Law
28 Mar	When Does Cryptocurrency Mining Create a Taxable Event? IRS Does Not Clarify	Sheppard, Mullin, Richter & Hampton LLP
23 Mar	District Court Vacates, Sets Aside IRS Reportable Transaction Notice	McDermott Will & Emery
22 Mar	Court Boosts Actions to Avoid or Recover a Listed Transaction Penalty	Miller Canfield
16 Mar	Government Vaccine Mandates	Jackson Lewis P.C.
11 Mar	COVID-19 Business Income Losses Are Not Covered by Insurance Under Michigan Law	Wilson Elser Moskowitz Edelman & Dicker LLP
11 Mar	Supreme Court Lets Kentucky AG Intervene in Cameron v. EMW. Now What?	Squire Patton Boggs (US) LLP
7 Mar	Court Rules That Crime Spree Involving 10 Burglaries in Same Evening Counts as Single “Occasion” Under Armed Career Criminal Act: SCOTUS Today	Epstein Becker & Green, P.C.
7 Mar	Sixth Circuit Questions Efficacy of State “Certificate of Need” Laws, Question Whether Reduces Competition	Sheppard, Mullin, Richter & Hampton LLP
7 Mar	Sixth Circuit Sides with Taxpayer in APA Challenge to Reportable Transaction Regime	McDermott Will & Emery
7 Mar	U.S. Supreme Declines to Resolve Circuit Split on False Claims Act Anti-Retaliation Provisions	Jackson Lewis P.C.
7 Mar	BARRY GOOD: Court Dismisses ATDS Case–Rejects Footnote 7 Argument–Relying on “Awesome” Case	Troutman Firm
5 Mar	President Biden’s Vaccination Mandates for Federal Employees and Contractors Remain in Limbo	Epstein Becker & Green, P.C.
4 Mar	6th Circuit Rules IRS Must Follow Administrative Procedures Act in ‘Listing’ Transactions, Raising Questions on Extent of Case’s Application	Greenberg Traurig, LLP
25 Feb	Class Action Litigation Newsletter \| Winter 2021/2022	Greenberg Traurig, LLP
17 Feb	A Recent Court Case Leaves Many Speculating on the Taxation of Staking Rewards	Greenberg Traurig, LLP
16 Feb	Potential Sixth Circuit Sea Change in Conditional Collective Certifications Under the FLSA	Squire Patton Boggs (US) LLP
16 Feb	Sixth Circuit Declines to Enjoin HHS’s Title X Abortion Referral Rule	Squire Patton Boggs (US) LLP
15 Feb	What Do You Do If a Debtor Defaults on Its Confirmed Bankruptcy Plan?	Miller Canfield
7 Feb	Use of Opioid Medications By Applicant For Forklift Job Was Not Sufficient to Deny Employment Without Individualized Assessment	Jackson Lewis P.C.
4 Feb	Recent Tax Developments Concerning Staking Rewards	McDermott Will & Emery
4 Feb	Opioid Update: Court Denies Pharmacies’ Motion for Certification of An Interlocutory Appeal	Squire Patton Boggs (US) LLP
4 Feb	Sixth Circuit Awards Attorney Fees to Multiple Qui Tam Relators	Squire Patton Boggs (US) LLP
27 Jan	Sixth Circuit Endorses Sealing of Filings to Protect Confidentiality of Alleged Trade Secrets	McDermott Will & Emery
27 Jan	LET’S FIND OUT: Interlocutory Appeal Over TCPA Vicarious Liability Pleadings Standards May be in the Works	Troutman Firm
26 Jan	A Closer Look at the Sixth Circuit’s Decision on the Contractor Mandate	Squire Patton Boggs (US) LLP
26 Jan	OSHA Announces Intent to Withdraw ETS	Squire Patton Boggs (US) LLP
26 Jan	The Sixth Circuit Holds Argument on the Tax Mandate	Squire Patton Boggs (US) LLP
24 Jan	“Irrelevant”: Court Chides Defendant for Arguing Lack of ATDS Usage in TCPA Prerecorded Call Case	Troutman Firm
18 Jan	Sixth Circuit Clarifies When Statute of Limitations Commences in False Claims Act Whistleblower Retaliation Cases	Zuckerman Law
12 Jan	Ohio Third District Court of Appeals Holds Filing an Additional Condition Request Does Not Toll the Statute of Limitations in a Workers’ Comp Claim	Dinsmore & Shohl LLP
11 Jan	TOO CLEVER BY HALF: Offer to Purchase an Asset May Also be a “Service” For Purposes of TCPA DNC Provisions	Troutman Firm
10 Jan	Michigan Federal Court Denies Employee’s Attempt to Stave off Termination for Failing to Receive COVID-19 Vaccine on Religious Grounds	Foley & Lardner LLP
7 Jan	Future of OSHA Vaccine-or-Test Mandate Looks Tenuous as Supreme Court Weighs In	Barnes & Thornburg LLP
7 Jan	Supreme Court Hears Oral Argument on OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard and CMS Vaccine Rule	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
7 Jan	The Sixth Circuit Deals Another Blow to the Contractor Mandate	Squire Patton Boggs (US) LLP
7 Jan	The OSHA Mandate — Supreme Court Oral Argument Preview	Squire Patton Boggs (US) LLP
4 Jan	A Case Study in Appropriately Responding to the Log4J Cybersecurity Vulnerability	Squire Patton Boggs (US) LLP
23 Dec	US Supreme Court to Hear Vaccine Mandate Appeals	Squire Patton Boggs (US) LLP
22 Dec	Federal Court Revises Decision and Recognizes Participant Exception to Eavesdropping Statute	Varnum LLP
22 Dec	OSHA’s Vax or Test Mandate for Employers with 100+ Employees Is Back in Effect. What’s Next for Employers?	Davis\|Kuelthau, s.c.
22 Dec	Oh, and Section 105, as Well—Limitations on The Bankruptcy Court’s Equitable Powers	Nelson Mullins
22 Dec	Implications of The Sixth Circuit’s Whirlpool Opinion	McDermott Will & Emery
21 Dec	Sixth Circuit Reinstates OSHA’s Emergency Temporary Standard for Private Employers Mandating COVID-19 Vaccinations or Weekly Testing	Sheppard, Mullin, Richter & Hampton LLP
21 Dec	OSHA Reinstates Vaccination Requirement for Employers With 100+ Employees	Katten
21 Dec	OSHA ETS ‘Vaccine or Test’ Mandate for Private Employers (100 or more employees) Is Back in Play	Jones Walker LLP
21 Dec	Supreme Options for OSHA’s Vaccine-or-Test Mandate	Squire Patton Boggs (US) LLP
21 Dec	6th Circuit Dissolves Stay of OSHA ETS Regarding COVID-19 Safety Mandates for Covered Employers	Nelson Mullins
20 Dec	The OSHA ETS Is Back On - For Now	Vedder Price
20 Dec	Sixth Circuit Panel Member Questions Basis For Remand to ERISA Plan Administrator	Jackson Lewis P.C.
20 Dec	Federal Court of Appeals Allows OSHA's Vaccination/Testing Rule for Employers with 100+ Employees to Go Forward	Bracewell LLP
20 Dec	Sixth Circuit Lifts Injunction on OSHA’s COVID-19 ETS—New Enforcement Deadlines Announced	Epstein Becker & Green, P.C.
20 Dec	OSHA COVID-19 Vaccine Mandate is Back Following Sixth Circuit Decision	Dinsmore & Shohl LLP
20 Dec	Sixth Circuit Lifts Stay on OSHA’s Vaccine-or-Test Rule	Roetzel & Andress LPA
20 Dec	OMB Publishes Guidance Regarding Enforcement of Federal Contractor Vaccine Mandate in Light of Recent Court Injunctions	Foley & Lardner LLP
20 Dec	Sixth Circuit Revives OSHA COVID-19 Emergency Temporary Standard	Robinson & Cole LLP
20 Dec	The Wild ETS Ride Continues: The Stay Was Lifted, Now What?	Pierce Atwood LLP
20 Dec	UPDATE: Sixth Circuit Panel Lifts Fifth Circuit’s Stay on OSHA’S Vaccination and Testing Emergency Temporary Standard	Steptoe & Johnson PLLC
20 Dec	A Not So Happy New Year for Employers? 6th Circuit Dissolves Stay of OSHA COVID-19 ETS	Greenberg Traurig, LLP
20 Dec	OSHA Mandate Is Back After Court Lifts Stay	Hill Ward Henderson
20 Dec	Déjà Vu: Sixth Circuit Court of Appeals Dissolves Stay of OSHA COVID-19 "Emergency Temporary Standard" for Large Employers	Ward and Smith, P.A.
20 Dec	Stay Lifted on OSHA's ETS Mandatory COVID-19 Vaccination/Testing Policy	von Briesen & Roper, s.c.
19 Dec	Sixth Circuit Gives Employers Lump of Coal for Christmas, Dissolves Stay of OSHA Vaccine ETS	Jackson Lewis P.C.
19 Dec	Sixth Circuit Dissolves the Stay of OSHA’s COVID-19 Emergency Temporary Standard and OSHA Issues New Compliance Deadlines	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
19 Dec	The Sixth Circuit Vacates The Stay Of OSHA’s Mandate, But OSHA Delays Implementation Until January	Squire Patton Boggs (US) LLP
18 Dec	DOL Extends ETS Compliance Deadline to January 10, 2022 (US)	Squire Patton Boggs (US) LLP
18 Dec	Sixth Circuit Lifts Stay of OSHA Vaccine Mandate – ETS In Effect Starting January 4, 2022 (For Now) (US)	Squire Patton Boggs (US) LLP
18 Dec	Sixth Circuit Panel Dissolves Stay of OSHA Vaccine/Testing Mandate	Proskauer Rose LLP
18 Dec	Stay of OSHA Emergency Temporary Standard Lifted By Sixth Circuit – “All Systems Go,” For Now…	Polsinelli PC
18 Dec	Happy Holidays!! New Compliance Deadlines under the OSHA ETS to Employers with 100 or More Employees	Foley & Lardner LLP
16 Dec	Chief Judge Sutton’s En Banc Dissent On The Merits Of OSHA’s Emergency Temporary Standard	Squire Patton Boggs (US) LLP
15 Dec	The Sixth Circuit Denies En Banc Review In ETS Case With Two Merits Opinions	Squire Patton Boggs (US) LLP
14 Dec	New Sixth Circuit Vacancy Announcements	Squire Patton Boggs (US) LLP
13 Dec	Will Some State Plans Defy OSHA’s COVID-19 Vaccination, Testing Emergency Temporary Standard?	Jackson Lewis P.C.
10 Dec	Injunctions Pause Enforcement of COVID-19 Safety Protocols for Federal Contractors	Greenberg Traurig, LLP
9 Dec	US & Mexico Competition Currents December 2021	Greenberg Traurig, LLP
7 Dec	U.S. District Court Enjoins Vaccine Mandate for Federal Contractors in Kentucky, Ohio, and Tennessee	Steptoe & Johnson PLLC
6 Dec	Sixth Circuit Clarifies Scheduling in OSHA Vaccine Cases	Squire Patton Boggs (US) LLP
6 Dec	Federal Court of Appeals Affirms Dismissal and Compelled Arbitration of E-Commerce Data Privacy Litigation	Squire Patton Boggs (US) LLP
4 Dec	Sixth Circuit Deals Blow to OSHA’s Proposed Expedited Briefing Schedule, Says it Will Keep ETS Case	Jackson Lewis P.C.
4 Dec	Sixth Circuit emphasizes the importance of challenging an arbitration agreement’s delegation clause to allow a court to resolve the arbitration agreement’s enforceability.	Squire Patton Boggs (US) LLP