Eight Things to Know About Yesterday's Sixth Circuit Decision
Sutton’s opinion was no surprise to anyone who was in the courtroom in Cincinnati. Nor would a contrary opinion have been surprising. Sutton was scrupulously critical of both sides that day. Indeed, his opinion shares the “on the one hand” and “on the other hand” character of his questioning.
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I thought it would be useful to offer a few observations about the Sixth Circuit decision generally and Judge Sutton’s opinion in particular. ...
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