Tag Archives: negligence

Panel Majority and Dissent Lock Horns over Duty of Care under Michigan Law

“More than one hundred years of Michigan caselaw contradicts the majority’s conclusion that no duty to perform a contract with due care can exist.  As does the common law across the states in this circuit and across the country.  And as does hornbook law.”  So begins Judge Stranch’s dissent in the Sixth Circuit’s recent unpublished … Continue Reading

Ohio Medical Monitoring Case Flounders on “One-in-a-Million” Risk and “Speculative” Exposure Levels

In Hirsch v. CSX Transportation, Inc. (6th Cir., No.09-4548) (PDF), a case that could have significance in other medical monitoring cases throughout the circuit and perhaps even more broadly, the Sixth Circuit affirmed a district court ruling on summary judgment that rejected class claims for medical monitoring following a major 2007 train derailment in Ohio. The … Continue Reading
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