Litigation

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Obama Reaps Victory As 6th Circuit Upholds Health Care Overhaul
Posted on 1 Jul 2011 by LexisNexis Litigation Resource Community Staff

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

Supreme Court: Title VII Forbids Third-Party Retaliation
Posted on 24 Jan 2011 by Bajeerah LaCava

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

Split 6th Circuit Says Graphic Cigarette Pack Warnings Are Constitutional
Posted on 19 Mar 2012 by Michael Lefkowitz

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

Split 6th Circuit: Michigan Drug Shield Law Does Not Apply To Fentanyl Patch
Posted on 21 Jan 2014 by Tom Moylan

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

Federal Appeals Courts Set Aside Dismissals In 2 Securities Class Actions
Posted on 2 Jun 2013 by Kevin M. LaCroix

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

Lawniczak On 6th Circuit's Interpretation Of Bankruptcy Code §1328(f)(1) In Carroll v. Sanders
Posted on 15 Nov 2010 by James Lawniczak

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

6th Circuit Finds Individual Mandate In Health Care Act Constitutional
Posted on 29 Jun 2011 by Cheryl Keely

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

General Tobacco Master Settlement Agreement Challenge Rejected By 6th Circuit
Posted on 21 Mar 2012 by Troutman Sanders

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

Legal Foundation: Supreme Court Must Reverse Appeals Court Equal Protection Ruling
Posted on 8 Jul 2013 by William Perry Pendley

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

6th Circuit Affirms Dismissal of Securities Class Action Based on SLUSA
Posted on 21 Sep 2011 by Thomas O. Gorman

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

Williams Mullen: Court’s Award Of $3.8 Million Raises Questions About The Scope Of ERISA Remedies
Posted on 3 Jan 2014 by Williams Mullen

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

6th Circuit Upholds Tobacco Master Settlement Agreement
Posted on 23 Feb 2012 by Tom Moylan

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

Tam Travel v. Delta Airlines: Application of the Twombly Pleading Standard
Posted on 13 May 2010 by Kaipo Matsumura & Gina Moon

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