Tag Archives: Remedies

Judicial Severance of an Invalid Provision From a Statute Is Not a “Remedy” with Only Prospective Effect, Holds Sixth Circuit

In Lindenbaum v. Realgy, LLC, No. 20-4252 (6th Cir. Sept. 9, 2021), the Sixth Circuit holds that severance of an offending section of a federal statute by the U.S. Supreme Court is not a judicial “remedy” that operates only prospectively and that severance thus has retrospective effect. Two terms ago in Barr v. Am. Ass’nContinue reading “Judicial Severance of an Invalid Provision From a Statute Is Not a “Remedy” with Only Prospective Effect, Holds Sixth Circuit”