Federal - Sixth Circuit Appellate Opinions

The Sixth Circuit Strikes Down Tennessee’s Cap on Punitive DamagesThe Sixth Circuit recently issued a divided opinion holding that Tennessee’s statutory cap on punitive damages, Tenn. Code Ann. § 29-39-104, is unconstitutional.  What makes the case interesting is that the court decided the issue solely under the Tennessee Constitution.  The majority opinion, authored by Judge Clay and joined by Judge Stranch, held that the

A Corporation May Not Pick and Choose Its Citizenship to Create Diversity under CAFAThe Sixth Circuit became the third court of appeals to reject the “alternative citizenship” theory of diversity under the Class Action Fairness Act (CAFA).  In Roberts v. Mars Petcare US, Inc., a putative class of Tennessee citizens sued Mars Petcare in Tennessee state court.  Mars Petcare removed the case to federal court, relying on

Clawing Back Secrets after Shane GroupIt is clear by now that the federal courts in Tennessee are not a safe place for most sensitive business information. Legitimate trade secrets are safe. Well-established privileges (e.g., attorney-client privilege) still apply. And the courts still respect statutory requirements to protect things like personal health information. But unless your sensitive business information is a