Adam KANUSZEWSKI, et al., Plaintiffs-Appellants,
v.
MICHIGAN DEPARTMENT OF HEALTH AND HUMAN SERVICES; Nick Lyon; Sandip Shah; Sarah Lyon-Callo; Mary Kleyn; Michigan Neonatal Biobank, Incorporated, aka Michigan Neonatal Biorepository; Antonio Yancey, Defendants-Appellees.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued: March 13, 2019.
Decided and Filed: June 10, 2019.
Attorney(s) appearing for the Case
ARGUED: Philip L. Ellison , OUTSIDE LEGAL COUNSEL PLC, Hemlock, Michigan, for Appellants. Thomas F. Cavalier , WAYNE STATE UNIVERSITY, Detroit, Michigan, for Appellee Antonio Yancey in his individual capacity. Jeremy C. Kennedy , PEAR SPERLING EGGAN & DANIELS, Ann Arbor, Michigan, for Appellees Neonatal BioBank and Antonio Yancey in his capacity as Director of the Michigan Neonatal BioBank, Inc. Aaron Levin , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellees Michigan Department of Health and Human Services, Nick Lyon, Sandip Shad, Sarah Lyon-Callo, and Mary Kleyn. ON BRIEF: Philip L. Ellison , OUTSIDE LEAGAL COUNSEL PLC, Hemlock, Michigan, for Appellants. Thomas F. Cavalier , WAYNE STATE UNIVERSITY, Detroit, Michigan, for Appellee Antonio Yancey in his individual capacity. Jeremy C. Kennedy ,
Jerold Lax , PEAR SPERLING EGGAN & DANIELS, Ann Arbor, Michigan, for Appellees Neonatal BioBank and Antonio Yancey in his capacity as Director of the Michigan Neonatal BioBank, Inc. Aaron Levin , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellees Michigan Department of Health and Human Services, Nick Lyon, Sandip Shad, Sarah Lyon-Callo, and Mary Kleyn.
CLAY, J., delivered the opinion of the court in which MERRITT and ROGERS, JJ., joined. ROGERS, J. (pp. 34-35), delivered a separate concurrence.
OPINION
CLAY, Circuit Judge.
Plaintiffs Adam and Ashley Kanuszewski, Shannon Laporte, and Lynnette Wiegand, individually and as parent-guardians to their minor children, appeal the district court's grant of a motion to dismiss Plaintiffs' claims filed by Defendants Michigan Department of Health and Human Services and its employees
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