U.S. Sixth Circuit - FindLaw

U.S. Sixth Circuit - The FindLaw 6th Circuit Court of Appeals Opinion Summaries Blog


6th Circuit Allows Suit to Proceed Against Web Monitoring Software

Spying on your spouse used to involve reading their mail, looking for lipstick on their collar, looking at call logs, etc. Some of these spy techniques, though widely used in unhappy marriages, can be actionable offenses.

But how culpable are makers of technology that facilitate spying? That is the question at the center of the recent Sixth Circuit case, Luis v. Awareness.

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Sixth Circuit Strikes Down FCC's Municipal Broadband Ruling

The FCC met with defeat in the Sixth Circuit recently when that court ruled that states could limit municipal broadband networks in towns in rural Tennessee and North Carolina.

The effect of the appellate ruling means that some parts of the two states must continue on with internet access that does not qualify as broadband. Slower internet speeds are the norm for many rural residents in that area -- a reality that some had hoped to change.

Mugshots Deserving of 'Non-Trivial' Privacy Considerations

The Sixth Circuit effectively negated a 1996 ruling it had made which gave substantial media access to criminal defendants' mugshots taken during the booking process. But the decision was a tight one: 9-7.

Free press advocates were not happy with the decision, but they expressed a hope that the Supreme Court would review the issues of the case.

6th Cir. Dismisses Second Forum Case in Just as Many Weeks

The Sixth Circuit just affirmed a second dismissal on forum non conveniens grounds in just as many weeks.

In this case with international implications, the Sixth Circuit found that American citizen Brandon Hefferan should have brought suit in Germany instead of the United States, following his nightmarish experience with a surgical stapler that malfunctioned.

Sierra Club's Oil Pipeline Halt Efforts Fail in Sixth Circuit

The Sierra Club has lost its appeal of a September federal district court decision to grant summary judgment to the US Forest Service and Enbridge Limited Partnership. This all but settles the question of whether or not the controversial oil project is compliant with federal law.

It's a major loss for the environmental group, especially amidst claims that more oil is flowing through the subject stretch of aging pipeline now than at any other point in history.

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Is five years too short of a sentence for a man found with 19 videos and 93 images depicting child pornography? Not according to Judge James S. Gwin of the Northern District of Ohio. Gwin imposed the minimum sentence against Ryan Collins, but only after polling the jurors who had convicted him.

And those jurors, had they been in charge of sentencing, would have imposed a much lighter punishment. Some jurors thought no incarceration was appropriate, while all but one recommended a sentence of less than two and a half years.

6th Cir. Affirms Whopping $10.4M Asbestos Cleanup Bill Against Scrapper

A salvage scrapper will have to pay the full amount of some $10 million in cleaning costs to the EPA according to a recent ruling by the Sixth Circuit which affirmed the decision of a federal district court.

That lower federal appeals courts was not persuaded by defendant Mark Sawyer's theories, saying that in this case of first impression, the EPA must be compensated for its clean-up expenditures after Sawyer's company completely contaminated a 300-acre plot of land in violation of federal environmental law.

For his role in a tire recycling scheme gone bad, Paul Musgrave was convicted of four counts of white collar crime. His punishment? Essentially no punishment at all. Despite a sentencing guideline range of 57 to 71 months' imprisonment, the district court ordered Musgrave to serve a day in jail, with a day's credit for processing. Musgrave's total punishment was hardly even a slap on the wrist, requiring just three years of probation -- there was no jail time, no fine.

The Sixth Circuit rejected that one-day sentence two years ago. When the district court resentenced Musgrave, it again gave him just a one-day sentence, but this time, the Sixth Circuit allowed the sentence to stand. What caused the change of heart?