Just over a year ago, we examined the propensity of the Sixth Circuit to uphold district courts’ decisions to grant summary judgment for employers in cases tagged as “Labor & Employment” cases. As can be seen in our 2014 review, the Sixth Circuit upheld 60% of summary judgment decisions in favor of the employer. We … Continue Reading
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
A recent review of appeals of employment cases in the Sixth Circuit revealed the Court is more likely to uphold rather than overturn grants of summary judgment in favor of defendant-employers. In a solid 60% of appeals in these cases, the Circuit upheld summary judgment for the employer. The survey involved an analysis of Sixth … Continue Reading
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
In Krumpelbeck v. Breg, Inc. (Case No. 11-3726), the Sixth Circuit ruled that a plaintiff’s claims for defective design and failure to warn regarding a pain pump manufactured by Breg, Inc. could go to a jury. Interestingly, the court permitted the claims to continue based on literature regarding harm of the same general nature as … Continue Reading
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
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
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
