What Circuits Have The Most (and Least) Influence On The Sixth Circuit?

About a decade ago, this blog found that Sixth Circuit judges cited the Second, Seventh, and Ninth Circuits more often than any other circuit. When we controlled for the number of opinions, we found that opinions from the First, Seventh, Tenth and D.C. Circuits were three times more likely to be cited than opinions from other circuits. After our recent post showing that some circuits issue a far higher percentage of published opinions than others, we decided […]

By | June 3rd, 2023 ||

Sixth Circuit Joins The Chorus Of Appellate Decisions Requiring Arbitration To Be Assessed Before FLSA Notice Issues

Seyfarth Synopsis: Businesses with arbitration programs often oppose the issuance of notice in FLSA collective actions on the ground that many potential recipients have binding arbitration agreements precluding them from participating in a case. The majority of federal appellate courts have not yet addressed whether arbitration must be addressed before or after notice issues. The Sixth Circuit recently joined the Fifth and Seventh Circuits in requiring the question to be addressed pre-notice. Unlike the […]

By | June 1st, 2023 ||

DOJ’s No-Poach Strategy Dealt Another Blow As Court Tosses Case Before It Reaches Jury

The U.S. Department of Justice’s (“DOJ’s”) ongoing efforts against no-poach agreements suffered their latest setback on April 28, 2023, following the Connecticut federal court’s ruling in U.S.A. v. Mahesh Patel, acquitting all six defendants of criminal liability for allegedly entering into a horizontal no-hire agreement. Though it is tied to the particular facts of the case, the ruling is yet another sign that the DOJ continues to face an uphill battle to impose criminal liability […]

By | April 23rd, 2023 ||