Sixth Circuit En Banc Decisions - 2010

John Ferroli, a lawyer in Dykema's Grand Rapids office, was published in the June, 2011 edition of the Michigan Bar Journal. His article, "Sixth Circuit En Bank Decisions - 2010" discusses last year’s historic downturn in en banc decisions in the Sixth Circuit. Ferroli cites, as a possible cause, Hon. Jeffrey Stuart Sutton’s opinion that such reviews should be reserved for disagreements on the “merits” of a matter, and be reserved for “the rarest of circumstances.” Ferroli concludes that while it is unknown whether Judge Sutton’s opinion is shared among his colleagues, his approach could explain the downturn in en banc opinions.