In White v. Baptist Memorial Health Care Corp., the Sixth Circuit affirmed the grant of summary judgment and decertification of an FLSA class concerning allegations that the plaintiff sometimes had to work through lunch without compensation. The Court began by acknowledging the “dearth of case law on compensation for missed meal breaks under the FLSA.” … Continue Reading
Category Archives: Recent Cases
Subscribe to Recent Cases RSS FeedSixth Circuit Reverses Dismissal of RICO Complaint
Posted in Recent CasesIn Jackson v. Segwick Claims Management Servs., Inc., the Sixth Circuit reversed the dismissal of a RICO complaint brought by former Coca-Cola employees. The employees claimed work-related injuries, but alleged that Coca-Cola’s third party administrator engaged in a fraudulent scheme of denying the claims through the use of a particular doctor. The Court determined that… Continue Reading
Supreme Court Grants Cert in Sixth Circuit Habeas Case
Posted in Recent Cases, Supreme CourtEarlier this week, the Supreme Court granted cert in another habeas case arising from the Sixth Circuit. In Perkins v. McQuiggin, the Sixth Circuit addressed the question of equitable tolling in the context of an actual innocence claim. The Sixth Circuit’s opinion was a unanimous one, with Judge Cole as the author, joined by Judge… Continue Reading
Sixth Circuit Explores Administrative Exemption to the FLSA
Posted in Recent CasesIn Henry v. Quicken Loans, Inc., the Sixth Circuit affirmed a five-week trial that gave a defense verdict to Quicken on a claim of failure to pay overtime wages brought by nearly 500 mortgage brokers. This case concerned the administrative exemption to the FLSA’s requirement of overtime wages. Perhaps the most interesting aspect of this opinion,… Continue Reading
Sixth Circuit Addresses Question of Standing of Former Bankruptcy Debtor
Posted in Recent CasesIn Auday v. Wet Sale Retail, Inc., the Sixth Circuit considered an action by a former individual debtor who sued for an age discrimination claim. The district court barred the plaintiff from litigating the claim because she failed to identify it as an asset in the bankruptcy court, and the claim had arisen by that… Continue Reading
Sixth Circuit Sets Limits on Bankruptcy Court Jurisdiction
Posted in Recent CasesIn Waldman v. Stone, the Sixth Circuit explored the contours of bankruptcy court jurisdiction arising from an action in which the debtor obtained a $3 million judgment against one of his main creditors. The case involved an individual debtor who claimed that his principal creditor’s fraud ultimately drove him into bankruptcy. As result, he commenced an… Continue Reading
Sixth Circuit Splits from Federal Circuit on Whether Severance Payments are Subject to FICA Payroll Taxes
Posted in Recent Cases, Supreme CourtThe Sixth Circuit has split with the Federal Circuit in ruling that severance payments paid to employees pursuant to an involuntary reduction in force are not “wages” for FICA tax purposes. United States v. Quality Stores, Inc., Case No. 10-1563 (Sept. 7, 2012) (PDF). The Court first confirmed that neither the Federal Insurance Contributions Act (“FICA”) nor… Continue Reading
Sixth Circuit Upholds Summary Judgment in False Claims Act Case Based on Defense Contract
Posted in Recent CasesYesterday, the Sixth Circuit issued an opinion affirming summary judgment in favor of a plaintiff under the Federal False Claims Act in U.S. ex rel. Wall v. Circle C Construction, L.L.C., but remanded the case to the district court for a recalculation of damages. The false claims allegation stemmed from Circle C’s agreement with the… Continue Reading
Sixth Circuit Joins Other Circuits in Holding that FCRA Creates a Private Right of Action to Enforce Section 1681s-2(b)
Posted in Recent CasesIn Boggio v. USAA Federal Savings Bank, Case No. 11-4040, the Sixth Circuit joined the First, Fourth, Seventh and Ninth circuits in recognizing a private cause of action under the Fair Credit Reporting Act’s §1681s-2. Section 1681s-2 is designed to prevent “furnishers of information” from spreading inaccurate consumer-credit information. Specifically, the Sixth Circuit concluded that… Continue Reading
DISMISSAL OF BANKS’ DECLARATORY JUDGMENT ACTION REVERSED AND REMANDED
Posted in Recent CasesStarting over four years ago, the City of Cleveland has attempted to deal with its housing foreclosure crisis, in part, by bringing suit against numerous financial institutions whose subprime lending activities the City alleges have contributed to the crisis. The procedural history of the City’s lawsuits is complicated, but, in Chase Bank USA, N.A. v…. Continue Reading
Sixth Circuit Reaffirms Strict Reading of Liability Insurance Contracts
Posted in News and Analysis, Recent CasesIn Goodyear v. Nat’l Union Fire Ins., Goodyear sought recovery from two of its insurers for fees and costs incurred defending against an SEC investigation and a class action initiated after the company’s announcement that it would restate its earnings for certain previous years. The SEC ultimately terminated the investigation and the lawsuit was dismissed,… Continue Reading
Sixth Circuit Rejects $500 Million Claim By FDIC
Posted in Recent CasesIn FDIC v. AmTrustFinancial Corporation, the Sixth Circuit considered the results of the very first trial in the nation under Bankruptcy Code Section 365(o). Section 365(o) is an infrequently litigated provision of the Bankruptcy Code that requires a party seeking Chapter 11 bankruptcy protection to fulfill “any commitment . . . to maintain the capital… Continue Reading
Sixth Circuit Holds That Appellate Court May Consider Other Materials in the Record in Accordance with Fed. R. Civ. P. 56(c)(3)
Posted in Recent CasesThe Sixth Circuit’s recent decision and resulting partial dissent in LidoChem, Inc. v. Stoller Enterprises, Inc., Case No. 10-1686, provide an interesting analysis of an appellate court’s ability to consider facts contained in a summary judgment record but not specifically presented to the district court. The district court granted summary judgment in favor of defendants,… Continue Reading
Sixth Circuit Revives Competing Energy Shot Trademark Infringement and False Advertising Claims
Posted in Recent CasesThe Sixth Circuit yesterday breathed new life into competing allegations of trademark infringement and false advertising related to the “5-hour ENERGY” energy shot and the “6 Hour POWER” energy shot. The district court had granted summary judgment dismissing the trademark infringement claim, concluding that there was no genuine issue as to the likelihood of confusion between the… Continue Reading
Widening A Circuit Split, The Sixth Circuit Expands Preemption For Fraud-On-The-FDA Claims
Posted in Recent CasesIn Marsh v. Genetech, Inc., the Sixth Circuit held that clever pleading of state law fraud-on-the-FDA claims could not get around its precedent on preemption of those claims. The plaintiff claimed that Genetech did not comply with the FDA’s reporting requirements about the dangerous side effects of its psoriasis drug Raptiva. Genetech claimed immunity under Michigan’s… Continue Reading
The Sixth Circuit Delivers a Pair of Class Action Decisions
Posted in Recent CasesThe Sixth Circuit yesterday handed down two class action decisions of interest, one involving dismissal of a complaint (Dudenhoefer v. Fifth Third Bancorp) and the other concerning certification issues (Young v. Nationwide Mutual Ins. Co.). Judge Stranch authored both opinions. Dudenhoefer arises against the Sixth Circuit’s recent backdrop of insisting on detail in complaints in… Continue Reading
Sixth Circuit Gives Not-So-Gentle Reminder About Limiting Issues For Appeal
Posted in Recent CasesIf anyone has ever attended a CLE or presentation when appellate judges talk about the issues for appeal, a common refrain is that parties habitually include far too many issues on appeal. Notwithstanding these pronouncements, the message does not seem to be getting across. Now, however, that advice has been published in F.3d. Yesterday, in… Continue Reading
A Potential First For The Sixth Circuit
Posted in Recent CasesOn Monday, the Sixth Circuit handed down a decision in United States v. Jeffries , which includes what appears to be the first “dubitante” opinion ever authored by a Sixth Circuit judge. (According to Lexis at least, and, for the record, a dubitante opinion did appear several years ago in a Sixth Circuit case, but… Continue Reading
Sixth Circuit Upholds $33 Million Judgment
Posted in Recent CasesIn an unpublished decision, Whitsell Corporation v. Whirlpool Corporation, the Sixth Circuit affirmed a $33 million judgment arising out of a contractual dispute in which the plaintiff argued that Whirlpool breached their agreement by purchasing parts from suppliers which should have been purchased from it. The bulk of the damage award was attributable to lost profits… Continue Reading
Sixth Circuit Finds No Personal Jurisdiction Based Upon Limited Internet Contacts
Posted in Recent Cases, UncategorizedIn Community Trust Bancorp, Inc. v. Community Trust Financial Corporation, the Sixth Circuit recently reversed a finding of personal jurisdiction based on limited internet contacts. The case arose out of a trademark infringement dispute concerning the similarity between the “Community Trust” names and marks. The district court found jurisdiction sufficient based upon the fact that… Continue Reading
Sixth Circuit Reverses Jury Verdict Awarding $3.6 Million in Wal-Mart Rezoning Case
Posted in Recent CasesOn Monday, the Sixth Circuit reversed and remanded a jury verdict that awarded Michigan landowners $3.6 million because the City prevented Wal-Mart from building on the landowners’ property. (Loesel v. City of Frankenmuth) The appeal challenged the City of Frankenmuth, Michigan’s efforts to prevent Wal-Mart from building on land owned by the Loesel family. The local… Continue Reading
Courts Split in Award of Electronic Discovery Costs to Prevailing Party
Posted in Recent Cases, Supreme CourtElectronic discovery is one of the greatest expenses of modern litigation, encompassing a wide range of actions including electronic scanning, metadata extraction, electronic file conversion, optical character recognition scanning (OCR), using a third-party to collect network files; and costs for the conversion of paper documents into electronic files. It should come as no surprise then that… Continue Reading
Another Win for Ohio Beer Distributors in the Sixth Circuit
Posted in Recent CasesOn August 16, 2012, the Sixth Circuit issued its third decision of the summer addressing the franchise rights of wholesalers of beer and wine. The Court’s decision in Beverage Distributors, Inc. v. Miller Brewing Co. Distributors, Inc. v. Miller Brewing Co. makes a clean sweep for Ohio distributors of beer and wine, as the Sixth Circuit also… Continue Reading
Sixth Circuit Finds No Reasonable Expectation of Privacy in Data Emanating from Cell Phone
Posted in Recent CasesIn an interesting criminal case, United States v. Skinner (09-6497), the Sixth Circuit rejected a Fourth Amendment challenge by a convicted drug runner based on the government’s tracking of location data from his cell phone. Judge Rogers’ opinion chronicles the efforts by government authorities to investigate a multi-state drug operation that utilized “pay as you go” cell phones… Continue Reading