Agreement to case management order proves decisive in a Sixth Circuit case


Bruce Khula at Squire Patton Boggs posted about a recent decision from the Sixth Circuit Court of Appeals that highlights the importance of case management conferences and the resulting orders. The plaintiffs in a class action against Bayer Healthcare LLC agreed to a unique case management plan but were ultimately unable to carry their burden under the evidentiary framework created by the district court. When they appealed entry of summary judgment in Bayer’s favor, the Sixth Circuit held that the district court erred – but the plaintiffs weren’t entitled to relief because they agreed to the plan and therefore “invited that error.”

The entire post, with a link to the opinion, as available at the Sixth Circuit Appellate Blog.

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