Articles by Benjamin Beaton
Generation of a Commercial-Scale Founder Population of Porcine Reproductive and Respiratory Syndrome Virus Resistant Pigs Using CRISPR-Cas
Introduction Animal agriculture plays an important role in the global food system, providing 18% of the world's calories and 34% of its protein through the production of meat, dairy, and eggs.1 Recent estimates by the World Organization for Animal Health suggest that 20% of livestock production is lost to disease annually.2 While disease in livestock has profound economic consequences, the environmental impact, suffering endured by animals, and the psychological toll on farmers cannot be...
Covid E-Signature Voter Case on (Very) Fast Track from Ohio to En Banc Review?
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Covid E-Signature Voter Case on (Very) Fast Track from Ohio to En Banc Review?
Just two days after a federal district court’s preliminary injunction allowed use of e-signatures to satisfy some Ohio election requirements, the Ohio Attorney General has taken the unusual step of asking the en banc Sixth Circuit to overturn or stay the injunction. And the Sixth Circuit responded with equal if not greater alacrity, calling within hours for short-fuse opposition briefing.
Sua Sponte En Banc Rehearing Granted in Right-to-Education Case
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Sua Sponte En Banc Rehearing Granted in Right-to-Education Case
The full Sixth Circuit has voted to rehear the Detroit right-to-education case. This vacates the panel decision holding that access to literacy was a fundamental constitutional guarantee. The court’s order comes only 6 days after Michigan Gov. Gretchen Whitmer announced a settlement with the student plaintiffs and sought dismissal of the suit on mootness grounds. One group of defendants and another group of would-be intervenors had asked the court to go banc.
Michigan Settlement Attempts to Moot Potential En Banc Review of Right-to-Literacy Ruling
Last night the State of Michigan and students from Detroit public schools reached a settlement agreement in a case concerning whether those students had a constitutional right of “access to literacy.” News reports indicate the settlement includes a legislative request by Gov. Whitmer for $94.5 million in literacy funding for Detroit schools, $280,000 for seven student plaintiffs, and creation of two task forces focused on educational quality.
Supreme Court Trims Wire Fraud Theory of Public Corruption in Bridgegate Decision
The Supreme Court revisited the Chris Christie administration last week with a decision in Kelly v. United States that reversed the corruption convictions of two top gubernatorial aides. The charges stemmed from their role in the partial closing, and resulting traffic jam, of the George Washington Bridge. Sixth Circuit blogger Ben Glassman recently published his views on how the ruling will–and won’t–affect public-corruption prosecutions going forward.
Supreme Court to Review Split Sixth Circuit Decision on Judicial Review of Agency Guidance | LexBlog
This morning—in connection with the Supreme Court’s inaugural teleconference arguments—the Court announced it would review the Sixth Circuit’s decision in CIC Services v. IRS. That case covers the applicability of the Anti-Injunction Act to a challenge to IRS guidance. Certiorari is not altogether surprising, given the sharply contrasting views (and vivid language) the case elicited at the Sixth Circuit.
Supreme Court to Review Split Sixth Circuit Decision on Judicial Review of Agency Guidance
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Opioid Update: Judge Kethledge Reclaims Solitude—and Civil Procedure
April 30, 2020 COVID-19: Liability of Administrators for Rents During COVID-19... by: Ian J. Dorey and Jennifer Degotardi Mexico and COVID-19 by: Mayte Gutierrez Fedowitz and Stacy A. Swanson Alabama COVID-19 Update: Governor Ivey Issues Relaxed Safer At Home... by: Sierra J. Gray and David Carl Williams Jr. COVID-19: (Australia) JobKeeper Legislation – How Does it Change... by: Michaela Moloney and Nick Ruskin Illinois’ New COVID-19 Shelter-in-Place Order: Top 10 Changes... by: Colleen G.
Opioid Update: Judge Kethledge Reclaims Solitude—and Civil Procedure | LexBlog
Perhaps the most notable Sixth Circuit opinion of April—and almost certainly the most quotable—was Judge Kethledge’s opinion granting mandamus and reversing leave to amend in the opioid MDL. For a unanimous panel (Siler & Griffin, JJ.), the opinion followed the Circuit’s stay of Judge Polster’s discovery order back in February.
Supreme Court Rules in Favor of Health Insurers Under Affordable Care Act’s Risk Corridor Program
The United States Supreme Court ruled in an 8-1 decision Monday in favor of four health insurers seeking hundreds of millions of dollars from the federal government related to the Affordable Care Act’s “risk corridor” program, reversing a lower court’s decision that Congress had suspended the government’s obligation to make such payments.
Sixth Circuit Holds Due Process Guarantees Right To Access Literacy
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Sixth Circuit Holds Due Process Guarantees Right To Access Literacy
A Sixth Circuit panel held last week, in Gary B. v. Whitmer, that the Fourteenth Amendment’s Due Process Clause guarantees a “right to access to literacy.” As a result, students in some of Detroit’s worst-performing public schools may pursue their claim for improved educational offerings—at least absent further appellate review.
Coronavirus Update: 6th Circuit Conference Postponed to 2021
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Coronavirus Update: 6th Circuit Conference Postponed to 2021
Last night Chief Judge Cole announced a one-year delay in the Sixth Circuit Judicial Conference, which had been scheduled for June 2020. Rumor had it that our own Ben Glassman was to participate, so now fans of Ben and Simone Biles alike will all have to set their sights to 2021. Full statement below. Stay safe, stay sane, everyone.
UPDATED Coronavirus Update: Potter Stewart Courthouse Closed 2 Weeks
Cincinnati’s federal courthouse–home to the Sixth Circuit–is closed for two weeks beginning today, as reported by the Cincinnati Enquirer. Though the federal courts basically continue to function (to the consternation of my wife, given the number of recent filings made with kiddos underfoot here at the SPB Ky office), the Potter Stewart courthouse and many others will close to the public. The drop box and of course ECF filings remain available.
UPDATED Coronavirus Update: Fed Courts Status Page
The Administrative Office of the Courts now maintains a single page with links to courthouse and filing notices for all federal courts. You can find the page and its updates here. No new news from the Sixth Circuit since the March 16 notice we published last week. Many thanks for the hard work of keeping our courts open go to AO Director and friend-of-the-blog James Duff (and his staff).
*Updated* Coronavirus Update: A Moving Target
This post reflects the latest news available to Ben Glassman, Ben Beaton, and others at Squire Patton Boggs. We expect the blog and the court’s website to continue updating litigants as the situation develops. Response to COVID-19 among the federal courts in the Sixth Circuit continues to evolve.
Coronavirus Update: The latest from Sixth Circuit Courthouses
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Coronavirus Update: The latest from Sixth Circuit courthouses
This post reflects the latest news available to Ben Glassman and others at Squire Patton Boggs. We expect the blog and the court’s website to continue updating litigants as the situation develops. The Sixth Circuit and several district courts within it are implementing changes to court proceedings in light of COVID-19. At the circuit level, the court was scheduled to hear oral arguments this week in Cincinnati, but these have been canceled for now.
A Busy Sixth Circuit in “an Alice in Wonderland world”
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A busy Sixth Circuit in “an Alice in Wonderland world”
Thanks as always to Squire Patton Boggs Sixth Circuit Fellow Kirk Mattingly, EIC of the UofL Law Review, for his help with this and other content. During a wild fortnight leading up to today’s announcements that courts would close to the public or shut down entire civil dockets, the Sixth Circuit has stayed busy.
A busy Sixth Circuit in “an Alice in Wonderland world” | Lexology
During a wild fortnight leading up to today’s announcements that courts would close to the public or shut down entire civil dockets, the Sixth Circuit has stayed busy. Whether you’re catching up on the court or just looking for reading material during an extended spring break, here are a few highlights: The en banc court sat Wednesday to consider the constitutionality of Ohio’s restrictions on doctors who knowingly perform abortions motivated by a prenatal Down’s Syndrome diagnoses.
Former US Attorney & 6th Circuit Vet Ben Glassman Joins Squire Patton Boggs Appellate Practice
Squire Patton Boggs is excited to welcome Ben Glassman back to the firm as a partner in the Cincinnati and Columbus offices. As recently reported in the Cincinnati Enquirer, Ben joins after serving as the United States Attorney for the Southern District of Ohio from 2016 to 2019. At least as important for readers of the Sixth Circuit Appellate Blog, Ben served as the appellate chief for that office for nearly a decade–from 2007 to 2016.
Sixth Circuit Adds Its Voice To The Post-Janus Chorus: Good-Faith Defense Applies To Union "Fair-Share" Fees
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Sixth Circuit Adds its Voice to the post-Janus Chorus: Good-Faith Defense Applies to Union “Fair-Share” Fees
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Sixth Circuit Adds its Voice to the post-Janus Chorus: Good-Faith Defense Applies to Union “Fair-Share” Fees
This post is brought to you thanks to the help of friend-of-the-blog Kirk Mattingly, EIC of the University of Louisville Law Journal. On Monday, the Sixth Circuit joined the Seventh and Ninth Circuits by ruling that the so-called “good faith” defense bars § 1983 claims that seek to recover “fair-share” fees collected under valid state law. In the Supreme Court’s 2018 Janus v.
Opioid Update: Sixth Circuit Stays National Dispensing Discovery-For Now
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Opioid Update: Briefing Begins In Interlocutory Appeal Of Negotiation-Class Ruling
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Opioid Update: Sixth Circuit Stays National Dispensing Discovery—For Now
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Opioid Update: Sixth Circuit Stays National Dispensing Discovery—For Now | LexBlog
This post is brought to you thanks to the help of friend-of-the-blog Kirk Mattingly, EIC of the University of Louisville Law Journal. Yesterday a Sixth Circuit panel (Siler, Griffin, Kethledge) stayed pharmacies’ production of national opioid dispensing data. With one exception: Ohio data that the court deemed “not so onerous” in light of an upcoming bellwether trial.
Opioid Update: MDL Defendants Return To The Sixth Circuit
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Bells Cannot Be Un-Rung: Gerrymandering Discovery Dispute Moot, Orders Vacated
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Opioid Update: Briefing Begins in Interlocutory Appeal of Negotiation-Class Ruling
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Opioid Update: Briefing Begins in Interlocutory Appeal of Negotiation-Class Ruling
Several national pharmaceutical distributors and Ohio cities have filed opening briefs in their Sixth Circuit challenge to Judge Polster’s novel “negotiation class” certification order. As this blog covered back in November, the court of appeals (Guy, Griffin, Kethledge) granted interlocutory review of the negotiation procedure. According to the distributors, the class creates conflicts of interest between plaintiffs’ attorneys participating in both bellwether trials and the negotiation class.
Supreme Court Affirms Sixth Circuit: Bankruptcy Stay-Relief Denials Immediately Appealable
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Bells Cannot Be Un-Rung: Gerrymandering Discovery Dispute Moot, Orders Vacated
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Bells Cannot Be Un-Rung: Gerrymandering Discovery Dispute Moot, Orders Vacated | Lexology
In a short per curium opinion, the Sixth Circuit held that party officials’ appeal of an order compelling document discovery was moot after the court dismissed the gerrymandering challenge under the Supreme Court’s Rucho v. Common Cause decision. In its challenge to Ohio’s redistricting, the Randolph Institute compelled discovery from GOP officials and groups for use at trial against Ohio. The Randolph Institute used 61 documents as exhibits and prevailed on its partisan-gerrymandering claims.
Bells Cannot Be Un-Rung: Gerrymandering Discovery Dispute Moot, Orders Vacated
In a short per curium opinion, the Sixth Circuit held that party officials’ appeal of an order compelling document discovery was moot after the court dismissed the gerrymandering challenge under the Supreme Court’s Rucho v. Common Cause decision. In its challenge to Ohio’s redistricting, the Randolph Institute compelled discovery from GOP officials and groups for use at trial against Ohio. The Randolph Institute used 61 documents as exhibits and prevailed on its partisan-gerrymandering claims.
Opioid Update: MDL Defendants Return to the Sixth Circuit
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Opioid Update: MDL Defendants Return to the Sixth Circuit
After a lull in appellate proceedings, one of the nation’s most closely watched cases (non-impeachment category) has returned to the Sixth Circuit, at least temporarily. Several chain drug stores that filled opioid prescriptions have filed a mandamus petition challenging Judge Polster’s order to produce “transactional dispensing data for the entire United States” from 2006 forward.
Supreme Court Affirms Sixth Circuit: Bankruptcy Stay-Relief Denials Immediately Appealable
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Supreme Court Affirms Sixth Circuit: Bankruptcy Stay-Relief Denials Immediately Appealable
In a unanimous decision affirming the Sixth Circuit, the Supreme Court held that creditors have 14 days to appeal a bankruptcy court’s denial of relief from the automatic stay. In one of the term’s first decisions, Justice Ginsburg’s opinion in Ritzen Group, Inc. v. Jackson Masonry, LLC agreed with Judge Thapar’s conclusion that the denial of relief ended “a distinct proceeding terminating in a final, appealable order.” Thus Ritzen Group’s notice of appeal came too late.
"PLEASE READ IT CAREFULLY," Sixth Circuit Reminds Policyholders
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"PLEASE READ IT CAREFULLY," Sixth Circuit reminds policyholders
Ohio law requires courts to interpret ambiguous insurance-policy language against the drafter and in favor of policyholders. But if the language is clear and unambiguous (not to mention in a bold and ALLCAPS and super-big font), then courts apply the plain and ordinary meaning. On the basis of that second rule of construction, Judge Readler, for a unanimous panel (Batchelder & Donald, JJ.), affirmed dismissal of a putative class action in Richelson v. Liberty Insurance.
The Learned Sixth: "Run, Fun & Gun"
And now for something completely different. If you’re traveling for the New Year’s holiday (or perhaps resting or exercising after the last one?), consider a Learned Sixth podcast for the road: SCOTUS 101‘s interview with Sixth Circuit Judge Amul Thapar. The episode, appropriately titled Guns and Gifts, covers both the recent Supreme Court Second Amendment/mootness argument in New York State Rifle & Pistol Association v.
Movant Beware: No Right of Action Under HIPAA, and No Class-Cert Absent Notice
The Sixth Circuit has joined other circuits in unanimously holding that HIPAA creates no private right of action. That was the easy part. The panel divided 2-1 in ruling that a Tennessee statute likewise provides no remedy for patients allegedly overcharged by Ciox, a medical-records company. But Faber v. Ciox Health wasn’t a complete blowout: the court flagged Ciox’s attempt to spike the football by requiring a remand for classwide notice that…the class members lost.
Movant Beware: No Right Of Action Under HIPAA, And No Class-Cert Absent Notice
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Movant Beware: No right of action under HIPAA, and no class-cert absent notice
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
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