In February of 2012, the Sixth Circuit issued an opinion in Pfeil, et al. v. State Street Bank & Trust Co. reversing a district court’s dismissal of the case. The plaintiff in Pfeil, an employee at General Motors, brought suit against the fiduciary of a certain pension plan at GM known as an Employee Stock … Continue Reading
Earlier this week in Adkisson et al. v. Jacobs Eng’g Grp., Inc., the Sixth Circuit joined the Fifth Circuit [link] in holding that government-contractor immunity is not jurisdictional like sovereign immunity. The Sixth Circuit was interpreting Yearsley v. W.A. Ross Construction Co., 309 U.S. 18 (1940), which held that government contractors are immune from suit … Continue Reading
We recently reported on the Sixth Circuit’s decision to dismiss an antitrust appeal for lack of jurisdiction. The appeal had been taken by Blue Cross/Blue Shield of Michigan in connection with an antitrust suit brought by the State of Michigan which sought to enjoin Blue Cross from using most favored nation clauses in its contracts with … Continue Reading
In a case echoing from the high-profile automobile bankruptcies of recent years, a panel of the Sixth Circuit recently considered Rule 12(b)(6) dismissal of a class action alleging breach of fiduciary duty under ERISA as to two retirement plans for certain General Motors employees. In Pfeil v. State Street Bank & Tr. Co. (6th Cir., … Continue Reading
On Monday, the Sixth Circuit affirmed dismissal of insurance coverage claims against an umbrella insurer for defense costs associated with asbestos claims. Federal-Mogul v. Continental Casualty, No. 10–1290 (6th Cir. July 11, 2011) (pdf). This ruling leaves the other insurers to pick up the entire defense bill until their limits are exhausted. According to the Court’s decision, only then would … Continue Reading
The parties in Turi v. Main Street Adoption Servs. (pdf), Case No. 09-2229, will be battling it out in arbitration and federal court, due to a very narrow arbitration clause. The Court’s detailed analysis of whether (and which) of the numerous claims were subject to arbitration means that many of the more high-profile claims will be litigated in open court. … Continue Reading
The Sixth Circuit has affirmed dismissal of a public nuisance case brought by the City of Cleveland against various companies that financed subprime mortgages in pdf-City of Cleveland v. Ameriquest Mortgage Securities, Case No. 09-3608 (July 27, 2010). Given the recent increase of lawsuits against entities who are farther removed from the plaintiff’s ultimate injury … Continue Reading
