United States Sixth Circuit

In a class action settlement for injuries resulting from allegedly faulty breast implants, a clause requiring payment of $100 per day to each plaintiff for any time during which settlement payments were late is a penalty unenforceable under Texas law for reasons of public policy.

Appellate Information

• Decided 08/22/2005
• Published 08/22/2005

Judges

• Before:  MOORE and COLE, Circuit Judges;  and WISEMAN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Abraham Singer, Pepper Hamilton, Detroit, Michigan, for Appellants.  David L. Ellerbe, Neligan, Tarpley, Stricklin, Andrews & Foley, Dallas, Texas, for Appellees.   ON BRIEF:  Abraham Singer, Mary K. Deon, Pepper Hamilton, Detroit, Michigan, for Appellants.  David L. Ellerbe, Neligan, Tarpley, Stricklin, Andrews & Foley, Dallas, Texas, for Appellees.