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

October 2015 Archives

Kwame Kilpatrick, the former mayor of Detroit convicted of fraud and racketeering, is taking his case to the Supremes. Not Motown hero Diana Ross, but the Supreme Court. Kilpatrick is currently asking the High Court to hear his case after the Sixth Circuit upheld his conviction in August and rejected his petition for en banc review.

Kilpatrick's tenure as mayor was long plagued by scandal, including accusations that he held wild parties in the major's mansion and even covered up the murder of an exotic dancer. It was much more quotidian corruption that landed him with a 28 year jail sentence, however, after the government accused him of extorting money from government contractors.

Worm Farm Workers Don't Get Overtime Pay, Court Rules

If you're a worm farmer, there's some good news for you. Under a decision by the Sixth Circuit, you don't have to pay overtime to your workers if they're growing worms.

Bruno Durant, the president of Silver Bait, emigrated from his native France to the United States to grow worms. After raising worms on Georgia, he purchased land in Tennessee and later established Silver Bait on the land he bought. He hired workers, many of whom worked than the FLSA full-time standard of 40 hours per week.

The EPA will not be allowed to enforce its Clean Water Rule after the Sixth Circuit issued an order to stay the rule on Friday. The new rule sought to clarify which waters are protected under the Clean Water Act, something which has proven surprisingly difficult in the past. Eighteen states sued to stop the rule, leading to the Sixth Circuit's order, which applies nationwide.

The Clean Water Rule seeks to extend pollution protections, and EPA jurisdiction, to bodies of water such as streams and wetlands. It faces opposition from politicians and business interests who viewed the new rule as regulatory overreach.

A religious child-care provider, whose biggest client was the state of Kentucky, will be able to continue a longstanding lawsuit a bit longer, thanks to a Sixth Circuit ruling on Monday. Sunrise Children's Services provides group housing, foster care placement and other services to Kentucky children in state custody. Those services come with a heavy dose of religious coercion, according to critics.

Those critics sued 15 years ago, alleging that the state was violating the Establishment Clause by contracting with Sunrise. After 13 years of fruitless litigation, the state and its critics finally entered into a settlement -- but only over Sunrises' objections. Now, Sunrise is entitled to make those objections heard in court, the Sixth Circuit ruled.