In Gun Owners of America, Inc. v. U.S. Dep’t of Justice, No. 24-1881 (6th Cir. Oct. 30, 2025), the Sixth Circuit holds that the possibility that a new U.S. Administration in 2029 might not be a sympathetic to gun rights as the current one did not warrant an exception to mootness in a challenge toContinue reading “The Prospect of a New, Future Administration in the White House Does Not Rescue a Gun-Rights Case from Mootness, Holds Sixth Circuit”
Tag Archives: Sixth Circuit
Citing the Probate Exception, Sixth Circuit Holds District Court Lacked Equitable Jurisdiction to Compel Arbitration of Action Proceeding In Rem in State Court
In Johnson v. Johnson, No. 24-2058 (6th Cir. Oct. 24, 2025), the Sixth Circuit affirms dismissal of an action to compel arbitration under Section 4 of the Federal Arbitration Act, holding that – under the probate exception – the lower court lacked equitable jurisdiction to interfere with a state in rem proceeding. The decedent “Mrs.Continue reading “Citing the Probate Exception, Sixth Circuit Holds District Court Lacked Equitable Jurisdiction to Compel Arbitration of Action Proceeding In Rem in State Court”
Sixth Circuit Holds That Placement of a Website Server in a State Does Not Automatically Expose Those Who Use It to Personal Jurisdiction There
In Carbone v. Kaal, No. 24-3795 (6th Cir. June 20, 2025), the Sixth Circuit affirms the dismissal of a tort action under Fed. R. Civ. P. 12(b)(2), holding that though the defendants allegedly transmitted defamatory statements through a server in Ohio, this fact alone did not support laying specific personal jurisdiction in that forum. “Robert Carbone,Continue reading “Sixth Circuit Holds That Placement of a Website Server in a State Does Not Automatically Expose Those Who Use It to Personal Jurisdiction There”
Sixth Circuit Charts Its Own Course on Abstention from Declaratory Actions That Are Part of a “Mixed Action” Seeking Injunctive or Legal Relief
In Fire-Dex, LLC v. Admiral Ins. Co., No. 24-3781 (6th Cir. June 2, 2025), the Sixth Circuit rejects the holdings of seven other circuits and holds that when a demand for relief under the Declaratory Judgment Act, 28 U.S.C. § 2201(a), is combined with a claim for injunctive relief or damages (“coercive relief”), it isContinue reading “Sixth Circuit Charts Its Own Course on Abstention from Declaratory Actions That Are Part of a “Mixed Action” Seeking Injunctive or Legal Relief”
The Sixth Circuit, Adding to A Circuit Split, Holds That the Plaintiff Has the Burden of Establishing Venue Under 28 U.S.C. § 1391
In Tobien v. Nationwide Gen. Ins. Co., No. 24-5575 (6th Cir. Apr. 2, 2025), the Sixth Circuit follows the majority rule in holding that on a Fed. R. Civ. P. 12(b)(3) motion to dismiss for improper venue, it is the plaintiff that must prove that their case lies in the district where they filed it.Continue reading “The Sixth Circuit, Adding to A Circuit Split, Holds That the Plaintiff Has the Burden of Establishing Venue Under 28 U.S.C. § 1391”
Sixth Circuit Addresses Tension in Supreme Court Legislator-Standing Authority
In Lindsey v. Whitmer, No. 24-1413 (6th Cir. Dec. 20, 2024), the Sixth Circuit struggled to reconcile two lines of Supreme Court authority about the standing of state legislators to bring federal-court lawsuits challenging the constitutionality of a state law. “The Michigan Constitution . . . . empowers citizens to amend the state constitution directlyContinue reading “Sixth Circuit Addresses Tension in Supreme Court Legislator-Standing Authority”
Sixth Circuit Holds That “Legitimate Questions” About Content of Legal Instruments Attached to Defendant’s Motion Precludes Dismissal Under Fed. R. Civ. P. 12(b)(6)
In Moyer v. GEICO, No. 23-4015 (6th Cir. Aug. 26, 2024), the Sixth Circuit reverses dismissal of an ERISA case when the plaintiff raised “legitimate questions” about the completeness of the plan documents attached to defendant’s Fed. R. Civ. P. 12(b)(6) motion to dismiss. “Cases often depend on the contents of legal instruments, such asContinue reading “Sixth Circuit Holds That “Legitimate Questions” About Content of Legal Instruments Attached to Defendant’s Motion Precludes Dismissal Under Fed. R. Civ. P. 12(b)(6)”
Sixth Circuit Finds Fed. R. Civ. P. 54(b) Certification Improper Where Wrongful Death Claim on Appeal Arose from Same Facts as Negligence and Other Causes of Action
In Sherrod v. Wal-Mart Stores, Inc., No. 21-3428 (6th Cir. May 29, 2024), the Sixth Circuit dismisses an appeal of a wrongful death claim against Wal-Mart—presenting truly bizarre facts—where the panel finds that it should not have been certified for appeal under Rule 54(b) because it was too interrelated with unadjudicated causes of action forContinue reading “Sixth Circuit Finds Fed. R. Civ. P. 54(b) Certification Improper Where Wrongful Death Claim on Appeal Arose from Same Facts as Negligence and Other Causes of Action”
Appeal Became Moot While Counsel Sought Multiple Briefing Extensions, Holds Sixth Circuit
In Marketing Displays Int’l v. Shaw, No. 23-1028 (6th Cir. Feb. 22, 2024), the Sixth Circuit dryly notes that counsel who were appealing a preliminary injunction allowed it to become moot, in part because they obtained multiple extensions on their briefing schedule. “In life, sometimes it’s better to show up late than not at all.Continue reading “Appeal Became Moot While Counsel Sought Multiple Briefing Extensions, Holds Sixth Circuit”
Potential Jurors Who Were Not Vaccinated for COVID-19 Do Not Constitute A “Distinctive Group” for Sixth Amendment Purposes, Holds Sixth Circuit
In United States v. O’Lear, No. 22-3835 (6th Cir. Jan. 8, 2024), the Sixth Circuit holds that a criminal defendant was not deprived of a representative jury under the Sixth Amendment when the district court excluded panel members who had not been vaccinated against COVID-19, though that panel adds an important qualifier. Defendant O’Lear, whoContinue reading “Potential Jurors Who Were Not Vaccinated for COVID-19 Do Not Constitute A “Distinctive Group” for Sixth Amendment Purposes, Holds Sixth Circuit”
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