U.S. Court of Appeals for the Sixth Circuit

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Case Updates


September 24, 2013

Upon rehearing en banc, the court issued a decision holding that plaintiff employees could not circumvent Michigan’s workers’ compensation system by filing civil RICO claims instead.

U.S. Chamber files amicus brief

April 24, 2013

NCLC urged the en banc Sixth Circuit to reverse the decision of the panel and to dismiss Racketeer Influenced and Corrupt Organizations Act (RICO) claims from plaintiffs attempting to circumvent the administrative process for obtaining workers' compensation benefits. In its brief, NCLC argued that Michigan's workers' compensation laws provide an exclusive remedy for injured workers, and that this exclusive remedy bars the plaintiffs' RICO claims. NCLC also argued that workers' compensation disputes are a complex matter better left for expert administrative agencies, such as the Michigan Bureau of Workers' Compensation. NCLC warned that the misuse of RICO would undermine Michigan's regime for regulating workers' compensation awards.


November 02, 2012

The Sixth Circuit panel reversed the district court’s dismissal of the plaintiffs’ RICO claims and remanded the case to the district court.

U.S. Chamber argues RICO should not be a tool to obtain workers' compensation benefits

September 20, 2010

Click here to view the Chamber's amicus brief.

Amicus brief filed 9/20/10. Decided 11/2/12.

NCLC en banc amicus brief filed 4/24/13. Argued 6/12/13. Decide 9/24/13.

Case Documents