In a divided decision, in Moyer v. Metropolitan Life Insurance Co., No. 13-1396 (6th Cir. Aug. 7, 2014) the Sixth Circuit held that MetLife’s failure to provide notice of a contractual limitations period in its final denial letter violated 29 U.S.C. § 1133 and related regulations and rendered the limitations period unenforceable against the plaintiff, sending it back to the district court for a merits review.
The U.S. Court of Appeals for the Seventh Circuit could entertain arguments on what “capacity” equipment must have to be considered an autodialer under the Telephone Consumer Protection Act (TCPA).
In National Mining Association v. Secretary of Labor , the Sixth Circuit evaluated consolidated challenges to the promulgation of a new pattern of violations regulation by the Mine Safety and Health Administration and the Secretary of Labor.
Late last week, we witnessed an interesting development in the FCPA world when a petition was filed urging the Supreme Court to revisit the Eleventh Circuit’s recent ruling in U.S. v. Esquenazi , a case that upheld the U.S. government’s broad definition of “instrumentality” under the FCPA.
In a case decided last Friday, KDC Foods v. Gray, Plant, Mooty, Mooty & Bennett, P.A., No. 13-3678 (7th Cir. Aug. 15, 2014), the Seventh Circuit warned companies not to expect much leeway from statutes of limitation under Wisconsin law.