Acknowledging Its Own Error, Sixth Circuit Tries to Provide Clarity On Notices of Appeal

Acknowledging Its Own Error, Sixth Circuit Tries to Provide Clarity On Notices of Appeal

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.

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.

U.S. Supreme Court Asked to Review Eleventh Circuit’s Definition of “Instrumentality” Under the FCPA

U.S. Supreme Court Asked to Review Eleventh Circuit’s Definition of “Instrumentality” Under the FCPA

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.