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

October 2017 Archives

The case against hhgregg Inc. alleging that the company failed to pay overtime, and used a method of deducting commission draws from future pay, all in violation of the FLSA, has been revived. The Sixth Circuit Court of Appeals reversed the dismissal of the lower federal court, sending the case back to litigation.

The appellate court explained that the district court incorrectly found hhgregg's method of offsetting an employee's wages based on commission was lawful. In reversing, it additionally explained that the retailer or service establishment exception did not apply.

Court Weighs Religious v. Transgender Rights

Aimee Stephens, who was born a male, worked for a funeral home for six years.

One day, Stephens went to work and told the funeral director that she was changing her gender and wanted to start wearing women's clothing to work. The director fired her, citing religious beliefs.

Now a federal appeals court is pondering whether such religious rights outweigh transgender rights. It's nearly the same issue that is already before the U.S. Supreme Court.

The case of John Doe v. University of Cincinnati is not without some confused emotions. While it may sound like a typical case of a college campus 'he said she said' sexual assault dispute, the courts have found the disciplinary process to be unconstitutional.

The Sixth Circuit Court of Appeals held that the college's disciplinary process violated the due process rights of the student accused of sexual assault because he was denied the right to confront his accuser. However, unlike a criminal trial where a due process violation like this could be grounds for reversal, the appellate court explained that when it comes to school discipline, the law is a little bit different. Nevertheless, the appellate court upheld the granting of the preliminary injunction stopping the school from suspending the accused student.

Kentucky Judge Strikes Down Abortion Ultrasound Law

Judge David Hale is not a man of few words, especially on the issues of abortion and free speech.

In a 30-page ruling, the federal judge struck down a Kentucky law that would require doctors to take an ultrasound of the fetus and describe it to a patient before performing an abortion.

He said the law, HB 2, violates doctors' First Amendment rights and "appears to inflict psychological harm on abortion patients."