The Sixth Circuit Court of Appeals denied Enbridge Energy’s request for the Line 5 lawsuit Nessel v. Enbridge to receive a rehearing in federal court, returning the case to state court.
The court Enbridge had missed the 30-day deadline after Nessel filed the lawsuit in June 2019 to appeal moving the case to federal court, and that it relied on improper arguments when doing so.
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A panel of three Sixth Circuit judges have denied the Air Force’s attempt to overturn class certification granted to all members of the Air Force by a federal district court judge in July. In doing so, they handed another win to roughly 10,000 airmen and women fighting against the Department of Defense’s COVID-19 vaccine mandate.
The appeals court judges denied an emergency motion made by the Air Force requesting it stay the class certification and injunction granted in Hunter Doster, et al. v. Hon Frank Kendall, et al., by U.S. District Judge Matthew W. McFarland of the Southern District of Ohio. In July, McFarland granted class status and issued a preliminary injunction preventing retaliation against those in the Air Force who don’t comply with the mandate as the lawsuit continues. His order remains in effect.
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The Sixth Circuit Court of Appeals unanimously ruled that the national eviction moratorium mandated by the U.S. Centers for Disease Control and Prevention (CDC) is unconstitutional. The court said in its ruling that the matter ultimately needed to be resolved by Congress.
The three-judge panel ruled that the CDC engaged in federal overreach by mandating that tenants who are unable to pay their rent and are in breach of their rental agreements may not be evicted. The CDC had implemented a moratorium in response to millions of people losing their jobs due to governors shutting down their state economies to slow the spread of COVID-19.
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