Tag Archives: Summary Judgment

Sixth Circuit Holds That Appellate Court May Consider Other Materials in the Record in Accordance with Fed. R. Civ. P. 56(c)(3)

The Sixth Circuit’s recent decision and resulting partial dissent in LidoChem, Inc. v. Stoller Enterprises, Inc., Case No. 10-1686, provide an interesting analysis of an appellate court’s ability to consider facts contained in a summary judgment record but not specifically presented to the district court. The district court granted summary judgment in favor of defendants, … Continue Reading

Sixth Circuit Affirms John Deere’s HCQIA Immunity

In Moore v. John Deere Health Care Plan, Inc., the Sixth Circuit affirmed summary judgment for John Deere—a health maintenance organization.  Under the Health Care Quality Improvement Act (“HCQIA”), the Court held, John Deere was immune from damages in a suit brought by David Moore and his wife—the sole officers, directors, and shareholders of Community … 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

Does Plausibility Have a Role at Summary Judgment?

The Sixth Circuit’s split decision in Harris v. J.B. Robinson Jewelers raises thought-provoking questions about application of the Rule 56 summary judgment standard.  The pro se plaintiff claimed that the defendant replaced a 2.35-carat pink diamond in her wedding ring with a smaller, colorless stone when she left the ring for resizing.  The district court granted the defendant’s motion … Continue Reading