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LAKERSKO BROWN; KATIE BLACKBURN; MATTHEW MCGOWAN; SHALYN KIKER, as class representatives; DISABILITY LAW AND ADVOCACY CENTER OF TENNESSEE, Plaintiffs-Appellees, v. TENNESSEE DEPARTMENT OF FINANCE AND ADMINISTRATION; M. D. GOETZ, JR., in his official capacity as Commissioner of the Department of Finance and Administration, Defendants-Appellants. |
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Appeal from the United States District Court
for the Middle District of Tennessee at Nashville.
No. 00-00665—Robert L. Echols, District Judge.
Argued: September 22, 2008
Decided and Filed: March 9, 2009
Before: MARTIN, ROGERS, and SUTTON, Circuit Judges.
BOYCE F. MARTIN, JR., Circuit Judge. The Tennessee Department of Finance appeals the district court’s denial of its motion to vacate a settlement between the parties in a suit for Medicaid benefits. Tennessee argues that the agreed order approving the settlement should be treated as a consent decree and vacated under Federal Rule of Civil Procedure 60(b)(5) because an intervening decision of this Court, Westside Mothers v. Olszewski, 454 F.3d 532 (6th Cir. 2006) (“Westside Mothers II”), eliminated the legal basis for the settlement and thus made it inequitable to enforce prospectively. We REVERSE in part and REMAND for further proceedings consistent with this opinion.
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JOINT ADMINISTRATIVE COMMITTEE OF THE PLUMBING AND PIPEFITTING INDUSTRY IN THE DETROIT AREA, PLUMBERS LOCAL NO. 98 APPRENTICESHIP FUND and PIPEFITTERS LOCAL NO. 636 INSURANCE FUND, Plaintiffs-Appellants, v. WASHINGTON GROUP INTERNATIONAL, INC., Defendant-Appellee. |
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Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
No. 06-14288—Julian A. Cook, Jr., District Judge.
Argued: January 16, 2009
Decided and Filed: April 1, 2009
Before: SUHRHEINRICH, BATCHELDER and SUTTON, Circuit Judges.
SUTTON, Circuit Judge. When an employer signs a collective bargaining agreement, it assumes certain obligations to its employees. At issue in this case are the scope of obligations that a general contractor assumes in signing a national collective bargaining agreement that incorporates—in part—two local collective bargaining agreements designed to provide fringe benefits to independent contractors working on the general contractor’s projects.
. . .
For these reasons, we affirm.
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BOWLING GREEN AND WARREN COUNTY AIRPORT BOARD, and GEOFF FIELDS, Plaintiffs-Appellants, v. MARTIN LAND DEVELOPMENT CO., INC., and CO-MAR AVIATION, INC., Defendants-Appellees. |
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Appeal from the United States District Court
for the Western District of Kentucky at Bowling Green.
No. 07-00018—Joseph H. McKinley, Jr., District Judge.
Argued: March 13, 2009
Decided and Filed: April 1, 2009
Before: BATCHELDER and CLAY, Circuit Judges; COX, District Judge.
CLAY, Circuit Judge. Plaintiffs, the Bowling Green and Warren County Airport Board (“Airport Board”) and Geoff Fields (“Fields”), appeal from the district court’s decision granting summary judgment in favor of Defendants, Martin Land Development Company, Inc. (“Martin”) and Co-Mar Aviation, Inc. (“Co-Mar”). The district court granted summary judgment in favor of Defendants on the ground that 49 U.S.C. § 40103 does not imply a private right of action. Although other circuits have addressed the issue, this is a matter of first impression for this Court. For the reasons set forth herein, we AFFIRM the judgment of the district court.