In a unanimous decision announced on June 13, the Sixth Circuit Court of Appeals upheld a lower court’s decision that Taft client Kettering Health did not owe a doctor $40,000 in attorney’s fees. The doctor sued Kettering Health and Wright State University for allegedly infringing on his religious freedom to refuse the COVID-19 vaccine.  The trial court initially granted the doctor a Temporary Restraining Order to fend off his impending termination from his medical residency program, after his religious exemption request was denied and he remained out of compliance with the program’s COVID-19 vaccine mandate. His claims became moot, however, when his exemption request was approved shortly after the TRO was granted. He then asked the trial court to grant him $40,000 in attorney fees. The trial court rejected his request, the doctor appealed, and the Sixth Circuit Court of Appeals upheld the trial court’s decision.

The case is Kyle Bobay v. Wright State University, et al., case number 22-4007, in the U.S. Court of Appeals for the Sixth Circuit. 

Taft litigators Tim Pepper and Chris Wolcott represented Kettering Health. Pepper, a partner in Dayton, is a trial lawyer primarily representing businesses and their leaders. He is a proven advocate in all phases of civil litigation, from initial case investigation through jury verdict. Wolcott, an associate in Dayton, advises clients on business disputes, contract negotiations, and commercial litigation matters.