United States Sixth Circuit

In an action brought by current and former employees raising state and federal law claims alleging that defendants employed mail and wire fraud in a scheme to deny them worker's compensation benefits promised under the Michigan Worker's Disability Compensation Act, dismissal of the complaint is affirmed where: 1) dismissal of RICO claims alleging mail and wire fraud was proper as plaintiffs failed to plead detrimental reliance on the defendants' alleged misrepresentations concerning the cause of their injuries; and 2) dismissal of state law intentional inflection of emotional distress claims was proper as the allegations of defendants' fraudulent denial of worker's compensation benefits were not so outrageous in character as to go beyond all possible bounds of decency.

Appellate Information

• Decided 07/10/2007
• Published 07/10/2007

Judges

• Before: MOORE and GIBBONS, Circuit Judges;  ACKERMAN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Marshall D. Lasser, Law Office of Marshall Lasser, Southfield, Michigan, for Appellants.  Janet E. Lanyon, Dean & Fulkerson, Troy, Michigan, Joan N. Pierson, The Williams Firm, Grand Blanc, Michigan, for Appellees.   ON BRIEF:  Marshall D. Lasser, Law Office of Marshall Lasser, Southfield, Michigan, for Appellants.  Janet E. Lanyon, Dean & Fulkerson, Troy, Michigan, Timothy R. Winship, The Williams Firm, Grand Blanc, Michigan, for Appellees.