U.S. Sixth Circuit - FindLaw

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


The National Labor Relations Act, in order to create a nationally uniform corpus of labor law, generally preempts labor regulation on the state and local level. There are exceptions, however, including the ability for states to adopt "right to work" laws. But does that state exemption extend down to the local government as well?

Yes, according to the Sixth Circuit, which last week upheld local "right to work" ordinances, finding that they were not preempted by the NLRA.

Want to commemorate your vote for America's first potential Madame President? Feeling like sharing your Trump ballot with your friends on Facebook? Well, think twice before snapping a ballot selfie if you're a voter in Michigan, where a ban on displaying completed ballots has been in place since 1891, long before ballot selfies became a thing.

That ban has survived 125 years so far and will last through this election, after the Sixth Circuit stayed an injunction against the rule until after ballots are cast this Election Day.

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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.

Here's some good news for legal professionals in Michigan: FindLaw just launched its new Michigan Compiled Laws and Constitution section, bringing you the best source for Michigan laws this side of Great Lakes.

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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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