Federal - Sixth Circuit Appellate Opinions

Chalk It Up to Lessons Learned: Sixth Circuit’s New Fourth Amendment Decision Provides Insight for Appellate LitigantsGiven the progress of modern society, including the use of motor vehicles, cell phones, and infrared technology, few constitutional amendments have evolved as fully and as rapidly as the Fourth Amendment. Recently, the United States Court of Appeals for the Sixth Circuit further defined the parameters of the prohibition against unreasonable searches and seizures, ruling

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