Justia Legal Ethics Opinion Summaries

Articles Posted in US Court of Appeals for the Sixth Circuit
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The United States Court of Appeals for the Sixth Circuit affirmed the ruling of the United States District Court for the Northern District of Ohio, which had denied Adam Carson's motion to vacate his sentence under 28 U.S.C. § 2255. Carson had been convicted of robbing a bank and tampering with a witness, and was sentenced to 20 years in prison. In his motion, Carson argued that his trial attorney had provided ineffective assistance by failing to initiate plea negotiations and by committing several mistakes during the trial. He also claimed that he did not knowingly waive his right to testify. The Court of Appeals held that Carson's ineffective-assistance claims failed because they lacked grounds for prejudice. The court ruled there was no reasonable probability that the outcome of Carson's case would have been different if his attorney had acted differently. The court also held that Carson had not demonstrated that he was deprived of his right to testify, as he did not object on the record to his attorney's statement that he did not want to testify. View "Carson v. United States" on Justia Law

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In 1999, Latham, McLean, and Vernooy formed Bliss to sell children’s clothing under the name “bella bliss.” In 2003, Shannon left Bliss and started Latham to sell her own children’s clothing under the name “little english.” Bliss’s logo is a lowercase “b” drawn out as if stitched in thread. Bliss has registered trademarks for this logo. Bliss has several designs that it claims as signature looks of the bella bliss brand that have “become famous and widely known and recognized as symbols of unique and high-quality garments.” There has been previous litigation between the parties.In 2020, Bliss filed federal claims for copyright, trademark, and trade dress infringement; false designation of origin and misappropriation of source; and unfair competition. The district court dismissed Bliss’s claims and granted Latham attorney’s fees for defending the copyright claim but found that Bliss filed its action in good faith and that the trademark and trade dress claims were not so “exceptionally meritless” that Latham merited a rare attorney’s fees award under 15 U.S.C. 1117. The Sixth Circuit affirmed in part. Bliss stated claims for federal and state trademark infringement but has not stated a claim for trade dress infringement. The district court did not err in denying attorney’s fees to Latham for defending the trademark and trade dress infringement claims. View "Bliss Collection, LLC v. Latham Companies, LLC" on Justia Law

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Doe, a University of Michigan student, was accused of sexual assault in 2018. Before the University’s investigation had concluded, he sued. alleging that the University’s disciplinary procedures for cases involving sexual assault violated his due process rights. The district court granted him a preliminary injunction preventing the disciplinary process from proceeding. The Sixth Circuit remanded for reconsideration in light of “Baum,” in which it held that the University’s disciplinary procedures violated due process and in light of the University’s new disciplinary policy implemented in response to that decision.The district court granted in part and denied in part the University’s motion to dismiss and granted in part Doe’s motion for partial summary judgment. The University appealed again, renewing its jurisdictional arguments. Before the appeal was heard, the complainant decided she no longer wished to participate. The Sixth Circuit determined that the appeal had become moot and vacated the summary judgment order. Doe then sought attorney fees, which the district court granted.The University appealed again. The Sixth Circuit vacated, noting that issues of ripeness, standing, and mootness have gone unaddressed through more than five years of litigation. Doe had standing to sue to seek the release of his transcript but that the district court lacked jurisdiction over his remaining claims. Doe was the prevailing party only as to his due process claim seeking the release of his transcript. View "Doe v. University of Michigan" on Justia Law

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La Bamba Licensing operates Mexican restaurants in the Midwest under the name “La Bamba.” In 1998, La Bamba registered “LA BAMBA” as a trademark for restaurant services and for various food items. Nearly two decades later, La Bamba Authentic Mexican Cuisine opened a Mexican restaurant under the name “La Bamba Authentic Mexican Cuisine” with one location in Lebanon, Kentucky—about 65 miles from one of La Bamba’s restaurants in Louisville. In May 2016, La Bamba sent Cuisine a cease-and-desist letter, citing La Bamba’s federal trademark registrations. La Bamba subsequently sued, alleging trademark infringement and unfair competition under the Lanham Act and Kentucky common law. In October 2017, Cuisine changed the name of its restaurant to “La Villa Rica Authentic Mexican Cuisine, Inc.”The district court granted La Bamba summary judgment and awarded La Bamba $50,741.76 ($22,907.26 in profits; $27,309.50 for attorneys’ fees; and $525.00 for court costs. The Sixth Circuit affirmed, Under the Lanham Act, a plaintiff who succeeds on an infringement claim “shall be entitled” subject to equitable principles, to recover a defendant’s profits, any damages sustained by the plaintiff, and the costs of the action, 15 U.S.C. 1117(a). The district court did not abuse its discretion in considering the relevant factors and making the awards. View "La Bamba Licensing, LLC v. La Bamba Authentic Mex. Cuisine, Inc." on Justia Law

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After the 2020 presidential election, Michigan election officials canvassed the results. Michigan law allows any candidate with a “good-faith belief” that he lost the election due to “fraud or mistake” to request a recount within 48 hours after the canvass. No candidate did so. On November 23, the bipartisan Board unanimously certified results indicating that Biden had won the state by 154,188 votes. On November 25, Plaintiffs sued several “state defendants,” asserting that they had “fraudulently manipulat[ed] the vote” through “a wide-ranging interstate—and international—collaboration” and that unspecified “foreign adversaries” and “hostile foreign governments” had accessed Dominion voting machines; that Detroit election officials had participated in countless violations of state election law, including an “illegal vote dump”; and that expert analysis showed that the election results were fraudulent. The Supreme Court declined to intervene. Michigan’s electors cast their votes for Biden. Detroit served plaintiffs and their attorneys with a “safe harbor” letter, warning that it would seek sanctions under Rule 11 if plaintiffs did not voluntarily dismiss their complaint. Plaintiffs did not respond. The district court held that plaintiffs’ counsel had violated Rule 11 by filing their suit for an improper purpose, failing to conduct an adequate prefiling inquiry into the legal and factual merits of their claims; and ordered plaintiffs’ attorneys to pay the reasonable legal fees of the moving defendants.The Sixth Circuit affirmed in part. The selective-enforcement claim (42 U.S.C. 1983) and a state-law claim were non-sanctionable under Rule 11. Plaintiffs’ other claims were all sanctionable. Counsel are liable for the defendants’ reasonable attorney’s fees after December 14 because they failed to dismiss their case after it had concededly become moot the allegations in the complaint itself refuted allegations about the Dominion system used in Michigan. Allegations of harassment and intimidation, however, were credible. View "King v. Whitmer" on Justia Law

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White. convicted of four counts of aggravated murder, two counts of attempted murder, two counts of felonious assault, one count of aggravated burglary, three counts of aggravated robbery, and one count of having a weapon while under disability, was sentenced to life in prison without parole. On appeal, White argued that he had received ineffective assistance of counsel because his attorney, Armengau, was under indictment in Franklin County, Ohio, for serious criminal offenses and “would have been conflicted over whether to devote time to preparing his own defense or that of his client”; “would have been reluctant to vigorously represent White" for fear of angering the prosecutor; and might have failed to engage in plea-bargaining in White’s case out of a desire to gain a victory over the prosecutor. The Ohio Court of Appeals declined to consider White’s claim because the record lacked necessary facts.In White's federal habeas proceedings, the district court found that Armengau had told White about Armengau’s indictment but White had decided to retain Armengau anyway. The Sixth Circuit affirmed the denial of relief. Because White’s claim depends on facts outside the state court record, the Supreme Court’s 2022 "Shinn" decision likely precludes relief. Even considering the new facts introduced in federal habeas court, White’s claim fails. White failed to show that the alleged conflict adversely affected counsel’s performance. White and Armengau’s cases were handled by different judges and were prosecuted by different authorities. View "White v. Phillips" on Justia Law

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In 2020, three individuals opposed the Kentucky Governor’s COVID-19 restrictions on religious gatherings and on interstate travel. They obtained preliminary injunctions against the orders. The case was eventually dismissed as moot. The district court awarded them $272,142.50 in attorney’s fees as prevailing parties, 42 U.S.C. 1988(b). The Sixth Circuit affirmed the fees award.A preliminary injunction may suffice to establish “prevailing party” status if it mainly turns on the likelihood-of-success inquiry and changes the parties’ relationship in a material and enduring way. These injunctions measure up favorably in terms of the nature of the injunctions, the longevity of the relief, and the irrevocability of the relief. The court also rejected challenges to the amount of the award. View "Roberts v. Neace" on Justia Law

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In 2019, Morgan began employment as Disciplinary Counsel for the Board of Professional Responsibility of the Supreme Court of Tennessee. During a disciplinary proceeding, Manookian, whose law license had been suspended, moved to disqualify Morgan as the Board’s counsel, claiming that Morgan was “an anti-Muslim bigot.” Manookian’s filing attached tweets posted by Morgan from 2015-2016 that allegedly demonstrated Morgan’s bias toward Muslims. Manookian is not Muslim but claimed that his wife was Muslim and that his children were being raised in a Muslim household. Morgan responded that the tweets were political in nature and related to the 2015–2016 presidential campaign; he disavowed any knowledge of the religious faith and practices of Manookian’s family. The Board moved for Morgan to withdraw as Board counsel in the appeal, which the court allowed. A week later, Garrett, the Board’s Chief Disciplinary Counsel, told Morgan that his employment would be terminated. Several months later, Garrett notified Morgan that the Board had opened a disciplinary file against him. The matter was later dismissed.The Sixth Circuit affirmed the dismissal of Morgan’s 42 U.S.C. 1983 claims against the Board for lack of subject-matter jurisdiction based on Eleventh Amendment sovereign immunity but reversed the dismissal of the claim for damages against Garrett based on absolute quasi-judicial immunity. Extending judicial immunity here would extend its reach to areas previously denied— administrative acts like hiring and firing employees. View "Morgan v. Board of Professional Responsibility of the Supreme Court of Tennessee" on Justia Law

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Following the Flint Water Crisis, thousands of cases were brought for the various harms minors, adults, property owners, and business owners endured as a result of lead-contaminated water. Putative class action lawsuits and individual lawsuits were consolidated in the Eastern District of Michigan, where Co-Lead Class Counsel and Co-Liaison Counsel were appointed to represent the putative class and individual plaintiffs. After years of negotiation, Co-Lead Class Counsel and Co-Liaison Counsel, together with the Settling Defendants, reached a record-breaking settlement. The court approved the settlement and awarded attorneys’ fees and reimbursement for expenses. Three Objector groups appealed that award.The Sixth Circuit affirmed. The Objectors are not entitled to detailed discovery of billing and cost records; assertions that those records would have shown excessive billing or revealed the inclusion of time not performed for the common benefit are entirely speculative. The Objectors lack standing to appeal the structure of the fee award; they would fare no better with or without the Common Benefit Assessments applicable to their claims. Were they to have standing, they did not demonstrate that the court abused its discretion in awarding Common Benefit Assessments, particularly when those assessments achieve parity among settlement beneficiaries and are reasonable under the circumstance. The court upheld an award of $500 for bone scans. View "Waid v. Snyder" on Justia Law

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Moss purchased cocaine from a DEA informant and was charged with possession with intent to deliver 1,000 or more grams of cocaine and possession of a firearm during the commission of a felony. Moss’s first attorney moved for an entrapment hearing. Steingold then began representing Moss. At the entrapment hearing, 10 days later, Steingold attested to minimal pre-trial preparation. Moss was the only witness he presented. Steingold requested a continuance to contact witnesses he learned about during Moss’s direct and cross-examination. The court permitted Steingold to contact one witness but denied a continuance. The prosecution presented five witnesses and multiple exhibits. The court denied Moss’s motion to dismiss based on entrapment.At trial, Steingold waived his opening argument, presented no witnesses, and stipulated to the admission of the transcript from the entrapment hearing as substantive evidence. For one of the government’s two witnesses, Steingold did not object during his testimony or conduct any cross-examination. Steingold waived his closing argument. On appeal, Moss unsuccessfully argued that Steingold provided constitutionally ineffective assistance by waiving Moss’s right to a jury trial and stipulating to the admission of the evidence from the entrapment hearing.The Sixth Circuit reversed the district court’s order of habeas relief. The state court’s denial of Moss’s ineffective assistance claims under Strickland was not contrary to nor an unreasonable application of clearly established federal law. View "Moss v. Miniard" on Justia Law