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

March 2016 Archives

6th Cir. Affirms Against Bullied Child in Harassment Case

Bullying, it seems, is a reality of schoolyard politics. And despite the seeming injustice in a recent circuit court ruling, the Sixth Circuit determined that a defendant school district was not "deliberately indifferent" as to the sufferings of one bullied child.

The court ruling is a reminder to both schools and parents that bullying is an unfortunate reality that sometimes cannot be cured by legal means.

Three years ago, the Internal Revenue Service revealed that it had created a "Be on the Lookout" lists, identifying certain organizations for extra scrutiny. Many of those organizations shared one key feature: they had Tea Party in their name. When they applied for tax-exempt status, they were allegedly met with excessive delays and unreasonable IRS demands.

Now, after the politically targeted groups sued, the IRS is employing those same unjustified tactics in court, according to a very harshly worded opinion from the Sixth Circuit. This was a serious benchslap. IRS lawyers, you might want to rethink your litigation strategy.

6th Circuit Says It Has Authority to Clarify EPA's WOTUS Rule

If there has ever been a convoluted rule to come from the EPA/Army Corps of Engineers, it's the "Waters of the United States" (WOTUS) rule. Just recently, the Sixth Circuit decided that it had jurisdiction to review the mountain of challenges against the controversial law, and not the Federal district courts.

The rule had been the result of a couple of SCOTUS decisions that the EPA/ACE had flexed too much authoritative muscle in regulating outlying waters. And now, debate over the expansiveness of the law has ballooned into about several dozen different lawsuits by various states and groups.