Tag Archives: Motion to Dismiss

Sixth Circuit Widens Circuit Split By Holding Government-Contractor Immunity Not Jurisdictional

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

Blue Cross Files Petition for Rehearing En Banc of Antitrust Immunity Appeal

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

Court Parts Company with Sister Circuits on Presumptions at Pleading Stage of ERISA Suits

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

No Umbrella Coverage in Asbestos Case

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

Narrow Arbitration Clause Leaves High-Profile Claims in Court

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

Indirect Injury Not Enough to Support Subprime Mortgage Public Nuisance Claim

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