Tag Archives: waiver

Oops: A $13 Million Lesson On The Importance Of Preserving Challenges For Appeal

Earlier this week, in a case that attracted media attention, the Sixth Circuit unanimously affirmed a $13.2 million jury verdict in favor of David Ayers, who spent 12 years in prison based on a state-court murder conviction after detectives used a fellow inmate to extract statements from Ayers in violation of his Sixth Amendment right … Continue Reading

Does Your ERISA Benefit Denial Letter Limit Time To File Suit? Maybe Not!

A divided panel of the Sixth Circuit held yesterday in Moyer v. Met. Life Ins. Co. that an employee was entitled to bring suit against after the contractual limitations period in his ERISA-governed long term disability plan had expired, because the claim administrator failed to include the time limit for judicial review in the benefit revocation … Continue Reading

Sixth Circuit Upholds Denial of Motion to Compel Arbitration Based on Defendant’s Waiver

In Johnson Associates Corp. v. HL Operating Corp., Case No. 10-6468, the Sixth Circuit affirmed the district court’s holding that the defendant waived its right to arbitrate.  Plaintiffs sued HL Operating Corporation (“Hartmann”) over a dispute arising from their sourcing agreement.  The sourcing agreement contained an arbitration clause, but Hartmann did not raise the issue … Continue Reading