Faruki Blog

Sixth Circuit Overrules 20-Year-Old Precedent: Federal Booking Photos Largely Exempt Under FOIA

"Open government is too dear a cost to pay for the mirage of privacy that the majority has to offer." - Circuit Judge Danny J. Boggs, dissenting. Two.. Read More

If You Practice in the Sixth Circuit, then It's Time to Reassess Your Standard Protective Order

The U.S. Court of Appeals for the Sixth Circuit just issued an opinion that should have all litigators who practice in its courts revisiting their.. Read More

The Sixth Circuit Strikes Down a 42-Year Old Ohio Law Banning Campaign Lies

On February 24, a three-judge panel of the Sixth Circuit unanimously struck down Ohio's political false-statements laws as unconstitutional for.. Read More

Sixth Circuit Orders District Court to "Assess the Applicability of Octane Fitness [in Lanham Act Cases]"

On Monday, the Sixth Circuit hinted that the Supreme Court's decision in Octane Fitness, LLC v. ICON Health & Fitness, Inc., No. 12-1184, 572 U.S... Read More

Sixth Circuit Considers Communications Decency Act and Adopts "Material Contribution" Test

The Sixth Circuit considered whether the Communications Decency Act of 1996 ("CDA") bars state-law defamation claims. Jones v. Dirty World Entm't... Read More

When Can Volunteers be Considered Employees? Sixth Circuit Clarifies

After the Sixth Circuit held that a Plaintiff need not make a threshold showing that they were compensated to make a prima facie showing that he is.. Read More

Sixth Circuit Weighs in on Intentional Interference with Economic Expectancy Under Michigan Law

The tort of interference with economic expectancy addresses the interference with a business relationship or expectancy that has not amounted to a.. Read More

Sixth Circuit Addresses ERISA Preemption of State-Law Claims and Reasonableness of Limitations Period

The Sixth Circuit has penned numerous opinions relating to the Employee Retirement Income Security Act of 1974 ("ERISA"), specifically involving the.. Read More

Sixth Circuit Requires "Material Contribution" from Website Operators to be Held Liable for Third-Party Defamatory Statements

The Sixth Circuit recently considered whether the Communications Decency Act of 1996 ("CDA") bars state-law defamation claims. Jones v. Dirty World.. Read More

Sixth Circuit Declines to Clarify Aesthetic Functionality Test (or Even Whether the Doctrine Has Been Adopted in This Circuit): Maker's Mark's Wax Seal Trademark Protected and Not Functional

The Sixth Circuit affirmed the Western District of Kentucky, finding that Maker's Mark's dripping red wax seal is protected as a trademark. Maker's.. Read More
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