Tag Archives: Remand

The High Standard For Interlocutory Appeals And The Darvocet MDL

We have been watching the Darvocet multi-district litigation (MDL 2226) for some time, most notably the Sixth Circuit’s decision to dismiss 67 of 68 cases alleging misbranding by drug manufacturers.  After that decision, plaintiffs’ counsel began filing new cases in California state court.  The defendants removed the cases to federal court and then obtained a … Continue Reading

Federal Questions, Removal, and Remand: Sixth Circuit Affirms Dismissal of Class Action FICA Claim

In a published decision this week, the Sixth Circuit reviewed the dismissal of an employee’s claim for excessive withholding of FICA taxes against her employer. In affirming the district court’s refusal to remand the federal tax case and subsequent outright dismissal of the claim, the court examined artful pleading, administrative remedies, and the timing of removal … Continue Reading

The Sixth Circuit’s Recent Treatment of Large Jury Awards

As we previously reported here and here, the Sixth Circuit recently affirmed two jury verdicts totaling over $1 million.  These decisions stoked our curiosity about the Court’s treatment of significant jury verdicts.  So, without conducting a scientific study, I reviewed the Court’s decisions over the past two years, wherein a verdict exceeding $1 million was … Continue Reading