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

November 2015 Archives

The Clean Air Act might be massive, complex, and unwieldy, but it doesn't "occupy the field" of air pollution control, the Sixth Circuit reminded us in two decisions released earlier this month. As such, the Clean Air Act does not preempt state common law claims against polluters who are regulated under the Act.

Even if you're in compliance with federal rules and regulations, you can still be sued for pollution under state common law, the court found. The ruling puts the Sixth Circuit in line with precedent from the Second and Third Circuits, but veers slightly away from Supreme Court caselaw.

Ohio Man Convicted of Possessing Ricin, Lying to FBI

An Ohio man was convicted of possessing weaponized ricin with intent to use it as a weapon in a rather dramatic suicide plot -- a conviction upheld by the Sixth Circuit yesterday.

Readers will recall that ricin was the favorite murder toxin of choice by the now loved and infamous Walter White of Breaking Bad fame. The amount that Levenderis had refined was enough to kill 250 Tucos or Gus Frings.

Kim Davis Wins and Loses All Within a Week

Whether or not you agree with Kim Davis, you've got to give credit where credit's due: she's got perseverance.

Kim Davis, the court clerk who found fame by refusing to issue marriage licenses to gay couples, has lost another bid with the Sixth Circuit to delay issuing marriage licenses to same-sex couples.

Loud, unpopular, even hateful speech is still speech and it still deserves First Amendment protections. That's the gist of a recent Sixth Circuit case dealing with the classic "heckler's veto" or the ability of an angry crowd to shut down an unpopular speaker.

In this particular case, the hecklers were attendees of the Arab International Festival who were harangued by a pigs-head-on-a-stick wielding "group of self-described Christian evangelists preaching hate and denigration," according to the Sixth Circuit. When the crowd responded with violence, the evangelists were removed, a decision that the court held violated their First Amendment rights.