ABA Journal

6th Circuit Court

389 ABA Journal 6th Circuit Court articles.

Ban on bump stocks prevails when 6th Circuit splits on government interpretation

A federal government regulation that bans bump stocks—which are used to accelerate gunfire on semi-automatic weapons—is back in force as a result of a split decision Friday by an en banc federal appeals court.

6th Circuit picked to consider 34 challenges to vaccine mandate; these plaintiffs filed initial suits there

The 6th U.S. Circuit Court of Appeals at Cincinnati was picked in a court lottery Tuesday to hear 34 consolidated challenges to the Biden administration’s vaccine mandate for larger employers.

5th Circuit temporarily stays OSHA’s vaccine mandate for larger employers

The 5th U.S. Circuit Court of Appeals at New Orleans on Saturday granted an emergency motion to stay the federal government’s vaccine mandate for larger employers pending expedited judicial review.

Let them eat cheesecake on Shavuot, 6th Circuit says in Jewish prisoners’ case

The Michigan Department of Corrections violated Jewish prisoners’ religious rights when it failed to provide them with kosher meat and a meal with dairy on the Jewish Sabbath and four Jewish holidays, a federal appeals court has ruled.

Considering mask fights, states may hold off on making COVID-19 vaccine required school immunization

Lawyers interviewed by the ABA Journal disagree on whether requiring the vaccines is the best approach for keeping children in schools, but most agree the virus has caused significant work for school administrators, many of whom are still dealing with pushback on masking rules.

Tree ordinance was an unconstitutional taking, 6th Circuit rules

A Michigan township’s ordinance requiring property owners to replace trees that they remove from their property or pay into a tree fund was an unconstitutional condition on their rights under the takings clause, a federal appeals court has ruled.

6th Circuit rules against restaurant seeking insurance coverage for losses after shutdown order

A shutdown order that barred in-person dining was not a direct physical loss or damage to property covered by a "business interruption" insurance policy, a federal appeals court has ruled.

Cops’ use of pole camera to surveil partly fenced property was unconstitutional, state supreme court rules

Police officers in Colorado Springs, Colorado, violated the Fourth Amendment rights of a drug suspect when they erected a pole camera to record video of his partly fenced property for three months without obtaining a warrant, the Colorado Supreme Court has ruled.

Federal judge fights to clear his name after he’s ordered to take a psychiatric exam

The U.S. Court of Appeals for the District of Columbia Circuit heard virtual oral arguments last week on whether to revive a federal judge’s lawsuit challenging a dropped order that he submit to a mental health examination.

Is chalking tires a Fourth Amendment violation? Exception doesn’t protect city, 6th Circuit says

The city of Saginaw, Michigan, can’t cite an administrative search exception to the Fourth Amendment's warrant requirement to justify chalking tires, a federal appeals court has ruled.

Mask mandate didn’t violate Catholic school’s religious freedom rights, 6th Circuit says

A federal appeals court on Monday upheld a federal judge’s refusal to block a mask mandate in a challenge brought by a Catholic elementary school in Lansing, Michigan.

CDC had no authority to impose nationwide eviction moratorium, 6th Circuit rules

A federal appeals court on Friday ruled against the Centers for Disease Control and Prevention in a challenge to a moratorium that it imposed to help control the spread of COVID-19.

Appeals court rules against former BigLaw staffer who said work abuse led to disability

A federal appeals court has ruled that a Williams & Connolly staff member wasn’t entitled to collect disability insurance for anxiety, depression and post-traumatic stress disorder that she largely blamed on her work environment.

Appeals court allows eviction moratorium to continue, says CDC likely to win appeal

A federal appeals court on Wednesday refused to interfere with an eviction moratorium imposed by the U.S. Centers for Disease Control and Prevention to help stop the spread of COVID-19.

US can’t consider race or sex in distributing pandemic funds to restaurants, 6th Circuit says

The U.S. Small Business Administration gave an unconstitutional preference to minority- and women-owned restaurants in allocating COVID-19 relief funds, a federal appeals court ruled last week.

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