Sixth Circuit Musings

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24
Jul
Editorial illustration: a Buckeye mascot in an Ohio sash and a giant tablet creature covered in social-media icons

A Reversal in Search of a Rationale

In NetChoice v. Yost, the Sixth Circuit sustained an Ohio law restricting children’s access to social media. Two judges sided with Ohio, one dissented, and all three approached the issue differently, leaving a precedent that decides much less than it seems at first glance.
5 min read
01
Jul
Michael J. Hendershot testifies at his Senate Judiciary Committee confirmation hearing on his nomination to be a Un

Ode to Mike Hendershot

Last week, the United States Senate confirmed Michael J. Hendershot to be a United States District Judge for the Northern
2 min read
25
Jun
Editorial illustration of a Wolf-of-Wall-Street-style broker in a courtroom reaching toward a glowing Seventh Amend

The Wolf of Wall Street, FINRA, and the Jury Trial That Might Have Been

In Smith v. SEC, the Sixth Circuit tells a sanctioned broker that he may have been entitled to a jury trial, but the court doesn’t grant him one because he never raised the issue in the proper forum.
5 min read
11
Jun
Scotts, Spruce, and the Trade-Dress Whipsaw

Scotts, Spruce, and the Trade-Dress Whipsaw

Miracle-Gro’s colors are everywhere in the lawn-care aisle — which was the problem with claiming Spruce swiped them
3 min read
08
Jun
Claude Monet meadow painting — the work the opinion calls the Prairie

Lloyd’s of London, Burned Monets, and the Jurisdictional Problem Nobody Raised

The Sixth Circuit never reached the $100 million coverage fight. Instead, it homed in on a threshold, deceptively simple question: who is a “citizen” of an insurance market that began as a 17th-century coffee house?
6 min read