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... Read More
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... Read More
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... Read More
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... Read More
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... Read More
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... Read More
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... Read More
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... Read More
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... Read More
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... Read More
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... Read More
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... Read More
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... Read More
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... Read More
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... Read More