In Albright v. Christensen. No. 21-1046 (6th Cir. Jan 31, 2022), a 2-1 panel holds that the Federal Rules of Civil Procedure bar application of Michigan state-law rules requiring that a lawsuit against a medical professional for malpractice be preceded by 182-days’ notice to the defendant and accompanied by an “affidavit of merit signed byContinue reading “Sixth Circuit Panel Splits Over Whether Michigan’s Affidavit-of-Merit and Presuit-Notice Rules for Medical-Malpractice Actions Apply in Federal Court Under Erie and Hanna”
Tag Archives: Sixth Circuit
Homeowners Association Lacked Standing to Enforce Consent Decree with Postal Service to End Delivery of Mail Addressed to “Ypsilanti” to Its Development, Split Sixth Circuit Holds
In Glennborough Homeowners Ass’n v. USPS, No. 21-1340 (6th Cir. Dec. 22, 2021), a panel affirms an order dismissing a case by a housing development seeking to enforce a consent decree against the U.S. Postal Service, though it divides on the reasoning. The majority affirmatively holds that the plaintiff Association lacks standing, while one judgeContinue reading “Homeowners Association Lacked Standing to Enforce Consent Decree with Postal Service to End Delivery of Mail Addressed to “Ypsilanti” to Its Development, Split Sixth Circuit Holds”
Split Sixth Circuit Panel Holds that Government Did Not Forfeit Argument on Appeal That the Plaintiff Failed to State a Bivens Claim
In Elhady v. Unidentified CBP Agents, No.20-1339 (6th Cir. Nov. 19, 2021), the panel majority skips over the qualified immunity issue presented in the interlocutory appeal to hold that the plaintiff failed on the merits to state a Bivens claim against several border-patrol agents. The judges disagree about whether the government forfeited this merits argumentContinue reading “Split Sixth Circuit Panel Holds that Government Did Not Forfeit Argument on Appeal That the Plaintiff Failed to State a Bivens Claim”
Must the Government Prove That an “Enterprise” Presently Exists as the Object of a RICO Conspiracy? A Split Sixth Circuit Panel Enters the Fray in Biker Gang Prosecution.
In United States v. Rich, No. 18-2268 (6th Cir. Sept. 13, 2021), the Sixth Circuit enters the circuit split about whether, in a Racketeer Influenced and Corrupt Organization Act (RICO) prosecution, the government is required “to prove the existence of the enterprise, or whether an agreement to create a racketeering enterprise suffices.” The majority holdsContinue reading “Must the Government Prove That an “Enterprise” Presently Exists as the Object of a RICO Conspiracy? A Split Sixth Circuit Panel Enters the Fray in Biker Gang Prosecution.”
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”
Sixth Circuit Divides Over Whether Voluntary Dismissal of Undecided Claims Under Fed. R. Civ. P. 41(a)(2), “With the Intention of Reinstating the Dismissed Claims,” Creates an Appealable Final Judgment
In Rowland v. Southern Health Partners, Inc., No. 20-5944 (6th Cir. July 21, 2021), the panel splits over the meaning of its prior case law, holding that a voluntary dismissal without prejudice under Rule 41(a)(2) of claims that might be refiled after a successful appeal does not present a final, appealable judgment under 28 U.S.C.Continue reading “Sixth Circuit Divides Over Whether Voluntary Dismissal of Undecided Claims Under Fed. R. Civ. P. 41(a)(2), “With the Intention of Reinstating the Dismissed Claims,” Creates an Appealable Final Judgment”
Sixth Circuit Affirms Dismissal of 108-Page Prisoner Complaint for Lack of Clarity Under Fed. R. Civ. P. 8
In Kensu v. Corizon, Inc., No. 21-1083 (6th Cir.July 20, 2021), the Sixth Circuit holds that the district court did not abuse its discretion by dismissing a complaint that it found was “woefully short on specifics,” “frequently connect[ed] back to conditions or complaints already litigated,” and “lack[ed] the substance needed for Defendants to answer andContinue reading “Sixth Circuit Affirms Dismissal of 108-Page Prisoner Complaint for Lack of Clarity Under Fed. R. Civ. P. 8”
Split Sixth Circuit Panel Adheres to Prior Authority Applying Rooker-Feldman Doctrine to Interlocutory State-Court Order
In RLR Investments, LLC v. City of Pigeon Forge, Tenn., No. 20-6375 (6th Cir. July 13, 2021), a 2-1 panel holds that Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280 (2005) (Exxon), did not abrogate the circuit’s prior caselaw applying the Rooker-Feldman doctrine to state-court interlocutory orders. The Rooker-Feldman doctrine is aContinue reading “Split Sixth Circuit Panel Adheres to Prior Authority Applying Rooker-Feldman Doctrine to Interlocutory State-Court Order”
Creating Split in Circuits, Divided Sixth Circuit Panel Holds That Presenting “Specific Dollar Amount” to Agency in Federal Tort Claims Act Case Is Not a Jurisdictional Requirement
In Copen v. United States, No. 21-2655 (6th Cir. July 6, 2021), a 2-1 panel holds that the requirement under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671–80, that a tort victim first present “the amount of the claim . . . to the federal agency” (id. § 2675(b)) is mandatory, but notContinue reading “Creating Split in Circuits, Divided Sixth Circuit Panel Holds That Presenting “Specific Dollar Amount” to Agency in Federal Tort Claims Act Case Is Not a Jurisdictional Requirement”
Sixth Circuit Sorts Out Waiver, Forfeiture, and Invited Error in Criminal Sentence Appeal
In United States v. Montgomery, No. 20-1201 (6th Cir. May 24, 2021), a Sixth Circuit panel tries to bring clarity to the distinction between forfeiture and waiver in an appeal of a sentencing error. “The difference between waiver and forfeiture has long bedeviled lawyers and judges alike. Lawyers often split the difference, using the termsContinue reading “Sixth Circuit Sorts Out Waiver, Forfeiture, and Invited Error in Criminal Sentence Appeal”
Paul Mollica's Federal Courts Blog 