Michigan

  • April 23, 2024

    Mich. Judge Threatens Contempt After Atty's 'Star Snitch' Post

    A lawyer defending a Republican elector against criminal charges called a government witness a "star snitch" in a February Facebook post, prompting a Michigan state judge Tuesday to warn the entire courtroom that similar behavior going forward could lead to witness tampering charges.

  • April 23, 2024

    Doctor Renews $20M Claim His Hospital Made Up 25 Murders

    An Ohio physician accused of 25 counts of murder and found guilty of none just renewed his $20 million malicious-prosecution suit against Trinity Health Corp., the parent company of his former employer, claiming that the company misled prosecutors to get him indicted as a distraction from the internal issues of the hospital where he worked.

  • April 23, 2024

    Justices Probe NLRB's Burden In Starbucks' Injunction Appeal

    The U.S. Supreme Court appears likely to hold that the courts' traditional factors apply when the National Labor Relations Board pursues injunctions, though it's unclear from Tuesday's argument how closely it will direct courts to examine a key factor: the strength of the board's case.

  • April 23, 2024

    FCA Says Virtual Order Spells End Of In-Person Depositions

    Automaker FCA is sounding the alarm that in-person depositions in the Eastern half of Michigan are in jeopardy if a federal magistrate judge's ruling allowing remote depositions in a class action isn't overturned, arguing the supposed "judicial efficiency" rationale is too easily satisfied.

  • April 23, 2024

    Blue States Leap To Defend EPA Vehicle Emissions Rule

    California and 21 other blue states, along with a smattering of cities and the District of Columbia, have told the D.C. Circuit that they want to help the U.S. Environmental Protection Agency defend its rule requiring reductions in greenhouse gas emissions from cars, trucks and vans from legal attack by red states.

  • April 23, 2024

    Sugar Giants Accused Of Using Shadow Analyst To Fix Prices

    A putative class action filed in Illinois federal court on Monday accuses top sugar producers of colluding with each other since at least 2019 to illegally fix the price for white, refined table sugar, driving up the prices of granulated sugar since in "one of the steepest climbs ever."

  • April 23, 2024

    6th Circ. Backs Dykema's Win In Ex-Secretary's Age Bias Suit

    The Sixth Circuit won't reinstate a former Dykema legal secretary's age discrimination case, saying Tuesday she failed to show that her supervisor — whom she accused of giving her adult diapers for her 50th birthday and frequently asking her if she planned to retire — had anything to do with her firing.

  • April 23, 2024

    DOJ Unveils $139M Deal For Larry Nassar Victims

    The U.S. Department of Justice will pay $138.7 million to settle 139 tort claims accusing the Federal Bureau of Investigation of not doing enough to stop the sprawling, decades-long sexual abuse of hundreds of victims at the hands of USA Gymnastics physician Larry Nassar, according to a Tuesday announcement.

  • April 22, 2024

    Mich. Justices To Settle When Juries Make Crash Injury Call

    Michigan's Supreme Court has said it would hear oral arguments in the case of a teen whose college baseball prospects may have been cut short by a car crash, as the court considers who should decide if an injury is serious enough to support a claim against the at-fault driver.

  • April 22, 2024

    Mich. Panel Drains $1.3M 1-800-Bathtub Arbitration Award

    A Michigan appellate court affirmed slashing most of a $1.3 million arbitration award for the owner of the toll-free number 1-800-BATHTUB, pulling the plug on the owner's claim that a bathroom remodeling company stole the number.

  • April 22, 2024

    6th Circ. Backs Ohio City's Win In COVID Layoff Age Bias Suit

    The Sixth Circuit affirmed the dismissal of an Ohio public service commissioner's bias suit alleging he was swept up in a round of layoffs because of his older age, ruling Monday that the city showed COVID-19-related budget concerns drove its decision-making, not prejudice.

  • April 22, 2024

    Opioid Marketer Completes $1.5M Damages Settlement With Del.

    Delaware's chancellor signed off Monday on a $1.5 million payment to the state by a company that helped Purdue Pharmaceuticals market its opioid products, the latest step in a $358 million, 50-state damages settlement reached with Publicis Health LLC.

  • April 22, 2024

    GM, Others Sued For Sharing Driver Data With Insurers

    Two New Jersey drivers say they saw increases in their insurance premiums after General Motors and its OnStar unit allegedly used apps installed in their vehicles to illegally share driver data with consumer reporting agencies and insurance carriers without their consent.

  • April 22, 2024

    Mich. Top Court Strikes Down Public Union Fee Policies

    The Michigan Supreme Court said Monday a public-sector union cannot charge nonmembers a fee to receive union support in filing a grievance, ruling that doing so violates the organization's duty to fairly represent all employees when the union is the sole representative for workers.

  • April 22, 2024

    3M Urges Mich. Justices To Ditch PFAS Water Rule Challenge

    Manufacturing giant 3M has urged the Michigan Supreme Court to reinforce an invalidation of the state's new limits on so-called forever chemicals in drinking water, telling justices that regulators illegally failed to estimate the full cost of its new restrictions on businesses.

  • April 19, 2024

    Flint Class Urges Approval Of $25M Water Firm Settlement

    A proposed class of 45,000 Flint, Michigan, property owners, businesses and adult residents on Friday urged a Michigan federal court to give the go-ahead to a $25 million settlement with Veolia North America, the last remaining engineering defendant in sprawling litigation over the city's water crisis.

  • April 19, 2024

    Mich. Panel Backs GM's Win In Supplier Pricing Spat

    A Michigan appellate panel has refused to reinstate a supplier's lawsuit claiming General Motors underpaid for five years' worth of deliveries, saying Semco Inc. didn't have the written evidence needed to hold GM to a promise to rectify the alleged shortfalls.

  • April 19, 2024

    Fla. Solar Panel CEO Can Be Sued In Mich., Judge Says

    A Michigan federal judge ruled Thursday that a Florida resident and former CEO of a solar panel company must face racketeering claims in Michigan alongside the company for allegedly scamming customers because he used to own property in the state and lived there during the alleged scheme.

  • April 19, 2024

    Mich. Judge Says $12K Fee Spat 'Tremendous Waste Of Time'

    A Michigan federal judge on Friday urged attorneys in a slip-and-fall suit to figure out a $12,000 fee dispute soon or risk having to spend a day in person with him in a conference with their clients, something he joked that "nobody ever wants to do."

  • April 19, 2024

    Lawyer Too Late To Collect Fees From Aretha Franklin Estate

    Michigan appellate judges have upheld the denial of a bid for attorney fees for a lawyer who complained he was not properly paid for work he did for Aretha Franklin, with judges determining the claims were time-barred.

  • April 19, 2024

    Law Firm Warns Mich. Justices Of Malpractice Fee Deluge

    A Michigan law firm has urged the state's Supreme Court not to lower the bar for seeking attorney fees as legal malpractice damages, saying doing so would invite clients to find reasons to sue their lawyers to recover fees even when they won the underlying case. 

  • April 19, 2024

    Antitrust Case Judge Reveals Husband's Ties With Apple

    A New Jersey federal magistrate judge assigned to the U.S. Department of Justice's recent iPhone antitrust case disclosed on Friday that her husband has ties to Apple, but told the parties she does not believe she needs to recuse herself.

  • April 19, 2024

    Off The Bench: NCAA Rules, Trans Athlete Win, NBA Pro's Ban

    In this week's Off The Bench, the NCAA formally lifted restrictions on athletes transferring schools and how they can receive name, image and likeness money, West Virginia's transgender sports ban is dealt a blow by the Fourth Circuit, and betting costs an NBA player his career.

  • April 18, 2024

    Mich. High Court Takes Up Insurer Garnishment Dispute

    The Michigan Supreme Court agreed Thursday to consider whether an insurer's supposed bad faith refusal to settle a claim can be litigated in a garnishment action in The Burlington Insurance Co.'s appeal of an injured worker's attempt to collect the unsatisfied portion of a $13.7 million judgment.

  • April 18, 2024

    OCC Fines Sterling Bank's Ex-CEO And SF Giants Owner

    The Office of the Comptroller of the Currency said Thursday that it has issued more fines over a fraud-plagued loan program at Sterling Bank and Trust FSB, ordering a total of $700,000 in penalties for the bank's former CEO and its founder, who is also an owner of the San Francisco Giants.

Expert Analysis

  • What Circuit Split May Mean For FCA Kickback Liability

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    The recent circuit split on the meaning of the resulting-from provision in False Claims Act kickback cases could have significant ramifications for FCA liability, as it could affect the standard of causation that plaintiffs must meet to establish liability, say former federal prosecutors Li Yu, Ellen London and Gregg Shapiro.

  • Opinion

    Congress Should Ban Employee Body Size Discrimination

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    New York City's recent enactment of a law that bans employers from discriminating against applicants and employees because of their height or weight should signal to Congress that now is the time to establish federal legislation that would prohibit such harmful practices, says Joseph Jeziorkowski at Valiant Law.

  • Perspectives

    More States Should Join Effort To Close Legal Services Gap

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    Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

  • Identifying Trends And Tips In Litigation Financing Disclosure

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    Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.

  • Series

    The Pop Culture Docket: Judge Elrod On 'Jury Duty'

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    Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

  • 4 Business-Building Strategies For Introvert Attorneys

    Excerpt from Practical Guidance
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    Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.

  • Opinion

    3 Ways Justices' Disclosure Defenses Miss The Ethical Point

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    The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.

  • Pending 6th Circ. Ruling Has Broad Class Action Implications

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    If the Sixth Circuit decides in FirstEnergy Corp. Securities Litigation to treat alleged half-truths as omissions for the purposes of class certification, public companies would be exposed to near-automatic class certification in nearly every securities case and would face steeper evidentiary hurdles at the merits stages, say attorneys at Willkie.

  • Rethinking Mich. Slip-And-Fall Defense After Top Court Ruling

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    The Michigan Supreme Court recently overturned three decades of premises liability jurisprudence by ruling that the open and obvious danger defense is no longer part of a traditional duty analysis, posing the question of whether landowners will ever again win on a motion for summary dismissal, say John Stiglich and Meriam Choulagh at Wilson Elser.

  • What Courts' Deference Preference Can Mean For Sentencing

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    The Fifth Circuit’s recent U.S. v. Vargas decision deepens the split among federal appeals courts on the level of deference afforded to commentary in the U.S. sentencing guidelines — an issue that has major real-life ramifications for defendants, and is likely bound for the U.S. Supreme Court, say Jennifer Freel and Michael Murtha at Jackson Walker.

  • Caregiver Flexibility Is Crucial For Atty Engagement, Retention

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    As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.

  • What To Watch As Justices Take Up Title VII Job Transfer Case

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    With its recent decision to hear Muldrow v. City of St. Louis, the U.S. Supreme Court has agreed to decide whether an involuntary job transfer can count as employment discrimination under Title VII — an eventual ruling that has potential to reshape workplace bias claims nationwide, says Adam Grogan at Bell Law Group.

  • Strategies To Help Clients When BOP Ignores Medical Needs

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    Defense attorneys should cite recent case law and the expanded compassionate release guidelines, effective Nov. 1, when making any post-sentence application to aid incarcerated clients whose medical needs have been neglected by the Federal Bureau of Prisons, says Marissa Kingman at Fox Rothschild.

  • In-Office Engagement Is Essential To Associate Development

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    As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.

  • Perspectives

    A Judge's Pitch To Revive The Jury Trial

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    Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.

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