Tag Archives: DISMISSAL

The Sixth Circuit Delivers a Pair of Class Action Decisions

The 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

The Sixth Circuit Reverses Dismissal Entered Under the Filed Rate Doctrine

In Williams v. Duke Energy, a group of plaintiffs sued Duke Energy, alleging that Duke Energy, a retail electric service provider, paid unlawful rebates to its large customers in exchange for those customers’ acquiescence to a rate-stipulation plan submitted to the Public Utilities Commission of Ohio (“PUCO”).  The district court dismissed plaintiffs’ complaint because, inter … Continue Reading

Sixth Circuit Reverses Dismissal Against Pro Se FDCPA Plaintiffs

In Lisa Bridge v. Ocwen Federal Bank, the Sixth Circuit reversed a dismissal in a FDCPA case brought by pro se plaintiffs regarding their mortgage.  Lisa Bridge, the only person listed on her mortgage, owed monthly payments to Aames Capital Corporation.  Her bank, Firstar, refused to honor her April mortgage check.  Thereafter, Lisa ordered Firstar … Continue Reading

Sixth Circuit Reverses Dismissal of Class Suit on Motorcycle Helmets

In Fabian v. Fulmer Helmets, Inc. (6th Cir. 10-5009, Dec. 23, 2010) (PDF), the Sixth Circuit reversed dismissal by the trial court of a pre-certification, class-action lawsuit predicated on a motorcycle helmet manufacturer’s alleged misrepresentation of safety standards. In Fabian, the helmet model in question – AF-50 – had been tested by National Highway Traffic … Continue Reading

Relator’s Failure to Strictly Follow False Claims Act Procedure Warrants Dismissal

In a matter of first impression, the Sixth Circuit recently held in US ex rel Summers v. LHC Group, Inc., No. 09-5883 (6th Cir. Oct. 4, 2010).pdf that a plaintiff’s failure to adhere to the False Claims Act’s (“FCA”) procedural requirements, without more, warrants dismissal of the complaint.  The well-reasoned decision, authored by Judge Boggs, … Continue Reading