Yesterday, the Sixth Circuit tried to bring some clarity to the role of res judicata in arbitration proceedings.
ERISA benefit claims are frequently of only modest size individually, but can become overwhelming in a class context.
Sixth Circuit Hands Down Pair of Significant Criminal Opinions: En Banc Decision and Amish Haircutting
This week, the Sixth Circuit issued a pair of significant criminal decisions. In the first, U.S. v. Mateen , the Court issued its en banc decision in this criminal sentencing case concerning offenses against a minor. We initially reported on the en banc hearing here…
If you ever have become confused regarding the timing and procedures related to notices of appeal, you are in good company. Last week, the Sixth Circuit freely acknowledged that a motions panel of the Court reached a decision on this issue that is directly at odds with binding Circuit precedent. Wallace v. Fedex Corporation. Notwithstanding this blatant error, the Court could find no way to remedy the error at this point. Confused? Let’s try to explain it.
The CFPB, together with the FTC, has filed an amicus brief in Hernandez v. Williams, Zinman & Parham, P.C., a Fair Debt Collection Practices Act case on appeal to the U.S. Court of Appeals for the Ninth Circuit.
It’s rare that a party to a contract can breach it but not be liable for a remedy.
Sixth Circuit Holds That to Be Enforceable, Contractual Limitations Period Must Be Stated in Benefits Denial Letter
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.