Case Summaries

[08/19] Gaeth v. Hartford Life Ins. Co.
An award of attorney's fees to claimant pursuant to a finding that plan administrator's termination of long term disability benefits was arbitrary and capricious because it was not supported by any medical evidence of claimant's physical condition is vacated and remanded for reconsideration where the district court erred in its analysis under two of the factors of the test set forth by Secretary of the Department of Labor v. King, 775 F.2d 666 (6th Cir. 1985).

[08/18] Alternate Fuels, Inc. v. Cabanas
In an action against Missouri Department of Natural Resources officials claiming denial of equal protection, tortious interference with contract, and First Amendment retaliation, partial summary judgment for defendant on the First Amendment claim and judgment pursuant to jury verdict for plaintiff on the tortious-interference claim are affirmed where: 1) plaintiff had no standing to assert the First Amendment claim; 2) defendant's motions for judgment as a matter of law could not be the basis of an appeal; 3) the district court properly refused defendant's "official duties" and "official immunity" instructions; and 4) the district court had subject matter jurisdiction over the tortious-interference claim.

[08/18] Nasim v. Los Robles Reg'l Med. Ctr.
Judgment for plaintiff-doctor overturning an administrative decision terminating his privileges to practice in a hospital is affirmed where: 1) because a rule requiring board certification in specialty areas within the two years of the provisional period was applied retroactively, it was impossible for the plaintiff doctor to comply; and 2) plaintiff was denied a vested right.

[08/18] Petty v. Metro. Gov't of Nashville-Davidson County
In former police officer's action claiming that defendant violated plaintiff's rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA), summary judgment for defendant is reversed in part and vacated in part where: 1) the district court erred in its application of 38 U.S.C. sections 4312 and 4313; and 2) the district court made errors of both fact and law in its judgment on partial findings under section 4311.

[08/15] RN Solution, Inc. v. Catholic Healthcare W.
In a contract matter, order denying defendants' motions to compel arbitration is reversed where: 1) the trial court lacked discretion under Code of Civil Procedure section 1280 to deny arbitration of causes of action covered by the arbitration clause; and 2) battery-related tort claims did not come within the arbitration clause.

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