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
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
It can be easy to forget, but one of the most important things that happens early on in litigation is the establishment of a case management plan. The contours of that plan can become critical in the weeks and months after it is instituted, and when a party expressly shapes or endorses the plan, that … Continue Reading
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
