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October 09, 2020 | Law.com

Sixth Circuit: Incorporation of AAA's Rules Is Clear Evidence Parties Agreed to Arbitrate Whether a Dispute is Arbitrable

The U.S. Court of Appeals for the Sixth Circuit recently held in Blanton v. Domino's Pizza Franchising, No. 19-2388 that an arbitration agreement that incorporates the American Arbitration Association's National Rules of Resolution of Employment Disputes gives "clear and unmistakable" evidence that the parties agreed to arbitrate the question of whether the dispute at issue is itself arbitrable.
7 minute read
July 09, 2020 | Law.com

Sixth Circuit Delineates Ballot-Access Rights Under COVID-19

COVID-19 has tested the bounds of political power and constitutional law like nothing else, and that trial is on full display in the Sixth Circuit.
7 minute read
June 10, 2020 | Law.com

Sixth Circ. Declares Fundamental Right to Minimal Education, Then Vacates Decision

The story begins with a deplorable situation. The plaintiffs are seven students of public schools in the city of Detroit. In their complaint, they describe how "not even the pretense of education takes place" in their schools, which lack "the capacity to deliver basic access to literacy."
6 minute read
May 22, 2020 | National Law Journal

Pandemic-Induced Stock-Drop Litigation Is Coming. Is Your Team Ready?

As we've learned from past crises, the question isn't whether stock-drop litigation claims are coming—they are. So what can companies do to prepare for this issue and address it head-on?
5 minute read
May 11, 2020 | Law.com

Sixth Circuit Allows Michigan's Redistricting Commission to Go Forward

The U.S. Court of Appeals for the Sixth Circuit in Daunt v. Benson, Nos. 19-2377/2420 recently affirmed a decision allowing Michigan to continue implementing its Independent Citizens Redistricting Commission, approved by voter-initiative in 2018.
7 minute read
April 06, 2020 | Law.com

Sixth Circ. Title IX Ruling Speeds the Day When Schools Are Liable to Victims and Harassers

Public colleges and universities must walk a fine line between failing to address appropriately all complaints of sexual harassment and failing to afford due process to the alleged harassers.
5 minute read
March 04, 2020 | Law.com

Can Faith-Based Institutions Decline To Serve Same-Sex Couples in Adoption Matters?

Another conflict between LGBTQ rights and religious freedom is broiling in the federal courts, and it has finally reached the U.S. Court of Appeals for the Sixth Circuit.
6 minute read
February 12, 2020 | Law.com

Sixth Circ.: Attorneys Not Liable Under FDCPA for Reasonable Mistakes of State Law

The U.S. Court of Appeals for the Sixth Circuit recently held in a split decision that attorneys garnishing a debtor do not make a "false, deceptive or misleading representation" under the Federal Debt Collection Practices Act when their representations of law are later proven wrong, so long as they represent a reasonable interpretation of the law.
7 minute read
January 13, 2020 | Law.com

Sixth Circuit Grants Rare Petition for Rehearing En Banc in Abortion Case

The order granting rehearing means the Sixth Circuit will decide a case involving the hot topic of abortion in the upcoming election year. And, no matter which way the case is decided, it means the U.S. Supreme Court will likely face the prospect of another cert petition in an abortion case the near future.
8 minute read
December 11, 2019 | Law.com

Sixth Circuit Allows Consent Decree To Be Assigned

The Sixth Circuit's decision raises the larger question of what law should be used to govern the interpretation of a consent decree entered by a federal court: federal common law or state contract law?
7 minute read

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