Robin Vander Wall
The Sixth Circuit opinion will have no controlling effect in the Eleventh Circuit. The Sixth Circuit opinion is controlling opinion (“the law”) in Michigan, Kentucky, Ohio, and Tennessee. However, the Sixth Circuit opinion is highly persuasive authority for cases heard by the Eleventh Circuit and the attorneys there will be sure to argue that. Then it’s really just a matter of whether the judges who serve on the panel in McGuire respectfully agree or respectfully disagree with the three judges who formed the Circuit panel in Snyder.