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

April 2014 Archives

6th Cir: Not Allowing Telecommuting for IBS Is a Load of ...

Let's say you have Irritable Bowel Syndrome (IBS), a disease that causes fecal incontinence. Sometimes it's so bad that you can't drive to work without soiling yourself, or, if you get to work, you can't get up from your desk without soiling yourself. Might telecommuting be a reasonable accommodation under the Americans with Disabilities Act (ADA)?

On April 22, the Sixth Circuit decided yes.

EEOC Gets Benchslapped by Sixth in Short, Hilarious Dismissal

It is a rare benchslap that lasts seven pages. It's not uncommon to see a paragraph or two that mocks a party's unreasonable position. And we've seen Judge Kethledge mock parties' unreasonable stances before, but a full seven pages? Well done, Equal Employment Opportunity Commission -- you've surpassed the "golden sombrero" to reach a whole new level of ineptitude.

What caused the seven page rant/affirmed dismissal? Only a hypocritical lawsuit supported by a comical attempt at producing scientific methodology in support a frivolous case of alleged disparate impact discrimination.

Was Boyce Martin a Victim of 6th Cir. Judicial Infighting?

By now, many have heard of Judge Boyce F. Martin's ignominious departure from the Sixth Circuit bench. The former chief was forced into retirement after a travel expenses reimbursement scandal, one that ended with him agreeing to retire quietly and pay back all of his travel expenses, even those that were undisputed. Nonetheless, Chief Judge Alice Batchelder referred the case to the Justice Department, which decided against bringing charges.

It's been a dark end to a long and notable legal career. In his time on the bench, Martin wrote more than 1,500 opinions, including the first opinion upholding Obamacare, and more notably, the Sixth Circuit's take on Grutter v. Bollinger, an opinion that fractured the court and publicized the infighting in a series of concurrences and appendices.