Tam Travel v. Delta Airlines: Application of the Twombly Pleading Standard

The majority opinion and dissent in Tam Travel v. Delta Airlines encapsulate a divergence of opinion that has emerged over the application of Twombly . Comparing the majority's and dissent's analysis in Tam Travel suggests that the difference of opinion may be attributable to factors other than...

Lawniczak On 6th Circuit's Interpretation Of Bankruptcy Code §1328(f)(1) In Carroll v. Sanders

In this Emerging Issues Analysis, James M. Lawniczak looks at a decision of first impression from the Sixth Circuit U.S. Court of Appeals, Carroll v. Sanders (In re Sanders), 551 F.3d 397 (2008), interpreting Bankruptcy Code Section 1328(f)(1), added in 2005. Relying solely on the text of the statute...

Supreme Court: Title VII Forbids Third-Party Retaliation

WASHINGTON, D.C. - (Mealey's) An employer may not use third-party reprisal as a means of retaliating against the third party's fiancée, an employee who filed a discrimination claim, and the third-party employee has standing to sue the employer, a unanimous U.S. Supreme Court ruled Jan...

6th Circuit Finds Individual Mandate In Health Care Act Constitutional

CINCINNATI -- (Mealey's) The individual mandate contained in the Patient Protection and Affordable Care Act (PPACA) is a valid exercise of Congress' power under the commerce clause of the U.S. Constitution, a Sixth Circuit U.S. Court of Appeals panel held June 29 in affirming the dismissal of...

Obama Reaps Victory As 6th Circuit Upholds Health Care Overhaul

CINCINNATI - (AP) In the first ruling by a federal appeals court on President Barack Obama's health care overhaul, a panel in Cincinnati handed the administration a victory Wednesday by agreeing that the government can require a minimum amount of insurance for Americans. A Republican-appointed judge...

6th Circuit Affirms Dismissal of Securities Class Action Based on SLUSA

The Sixth Circuit Court of Appeals affirmed the dismissal of a securities class action tied to the market crisis and brought against three mutual funds issued by Morgan Keegan Select Fund, Inc., an open-ended investment company. Atkinson v. Morgan Asset Management, Inc., No. 09-6265 (6 th Cir. Sept....

6th Circuit Upholds Tobacco Master Settlement Agreement

CINCINNATI - (Mealey's) The Sixth Circuit U.S. Court of Appeals on Feb. 22 affirmed the dismissal of antitrust and constitutional challenges brought by General Tobacco to the national tobacco Master Settlement Agreement (MSA) between tobacco manufacturers and numerous states ( VIBO Corp., Inc., d...

Split 6th Circuit Says Graphic Cigarette Pack Warnings Are Constitutional

LOUISVILLE, Ky. - (Mealey's) Given that tobacco companies have learned to circumvent bans on marketing to minors, a divided Sixth Circuit U.S. Court of Appeals said March 19, the U.S. Food and Drug Administration's proposal for large, graphic warnings on packs pursuant to the 2009 Family Smoking...

General Tobacco Master Settlement Agreement Challenge Rejected By 6th Circuit

By Troutman Sanders Tobacco Law Team Last month, the U.S. Court of Appeals for the Sixth Circuit rejected a challenge to the Master Settlement Agreement filed by General Tobacco against sixteen tobacco manufacturers and 52 Attorneys General. General Tobacco joined the MSA in 2004. At the time,...

Federal Appeals Courts Set Aside Dismissals In 2 Securities Class Actions

In two decisions last week - one in the Sixth Circuit and one in the First Circuit - federal appellate courts set aside lower court dismissals of securities class action lawsuits. Although the two cases are different and the two appellate opinions address different legal issues, the two decisions both...

Supreme Court Grants Certiorari In Dispute Over Lanham Act Standing

WASHINGTON, D.C. - (Mealey's) The question of which analytic framework applies when assessing prudential standing in Lanham Act false advertising cases will be taken up by the U.S. Supreme Court, which granted certiorari June 3 in a longstanding dispute over toner cartridges ( Lexmark International...

Legal Foundation: Supreme Court Must Reverse Appeals Court Equal Protection Ruling

DENVER ­­- A western nonprofit, public-interest legal foundation on July 1 urged the Supreme Court of the United States to reverse a ruling by the U.S. Court of Appeals for the Sixth Circuit invalidating a voter-approved ballot initiative barring discrimination by the State of Michigan on the...

Williams Mullen: Court’s Award Of $3.8 Million Raises Questions About The Scope Of ERISA Remedies

By Mark S. Thomas and Robert W. Shaw The U.S. Court of Appeals for the Sixth Circuit has affirmed an unusually large award of $3.8 million in a case involving the denial of long-term disability benefits. In Rochow v. Life Insurance Company of North America , No. 12-2074 (6th Cir. Dec. 6, 2013) [ enhanced...

Split 6th Circuit: Michigan Drug Shield Law Does Not Apply To Fentanyl Patch

CINCINNATI — (Mealey’s) A split Sixth Circuit U.S. Court of Appeals on Jan. 21 reversed dismissal of a fentanyl patch overdose lawsuit, saying the trial court needs to determine whether the patch is a combination product that is not preempted by Michigan’s drug preemption law ( Beth...

Failure-To-Update Claims For Generic Drugs Not Preempted In New Jersey, Court Says

TRENTON, N.J. — (Mealey’s) A New Jersey state appeals court panel on Nov. 12 affirmed a lower court ruling that generic drug manufacturers can be sued for failure to update their labels with warnings added to the labels of the predecessor drug ( In Re: Reglan Litigation , No. A-2014-13T4...