Michigan

  • April 02, 2024

    $40M Union Pension Dispute To Head Back To Arbitrator

    A Michigan federal judge stood firm on his decision to send a roughly $40 million dispute between a demolition company and a union pension fund back to an arbitrator, rejecting the company's bid for him to reconsider his opinion.

  • April 02, 2024

    Aretha Franklin's Estate Says Atty Can't Get Unpaid Fees

    A lawyer who claims Aretha Franklin owed him for his work getting her a recording deal declined to participate in oral arguments Tuesday in Michigan appellate court, where the singer's estate told the court he filed his claims years too late. 

  • April 01, 2024

    6th Circ. Judge Warns Of 'Trap' In Medical Malpractice Laws

    The Sixth Circuit has backed an Ohio federal judge's decision to toss a couple's claim against a doctor they say failed to provide proper prenatal care that could have prevented their child's brain damage, with one judge writing separately that the relevant laws can easily "trap unwary litigants" with their requirements.

  • April 01, 2024

    Ford Can Keep Pursuing Narrowed BCBS Antitrust Suit

    A Michigan federal judge has trimmed some of Ford Motor Co.'s time-barred claims alleging Blue Cross Blue Shield engaged in an anti-competitive scheme to drive up prices, but said the auto giant established it had standing to pursue allegations it was injured by market-restricting agreements among insurance licensees.

  • April 01, 2024

    Mich. Can't Get Immunity In Courthouse ADA Class Action

    Attorneys with disabilities and a disability rights advocate can proceed with a proposed class action aimed at forcing accessibility improvements at several Michigan courthouses and government buildings, a Michigan federal judge ruled Saturday, rejecting the state's argument that it was immune from the suit.  

  • April 01, 2024

    One Set Of Amazon Buyers Can't Cancel Later Antitrust Case

    Antitrust lawsuits against Amazon.com in New York and Washington federal court will remain separate after a New York federal judge refused Friday to let online shoppers in the earlier-filed Washington case intervene in — and junk — the other proposed class action filed two years later.

  • April 01, 2024

    Insurer Can't Avoid Indemnity Payments Over Grocery Fire

    West Bend Mutual cannot avoid making extra indemnity payments to a Detroit grocery store over a fire or collect its insured's unpaid premium from another insurer, a Michigan federal court ruled after previously compelling both insurers to provide coverage because their policies were active when the fire occurred.

  • April 01, 2024

    Justices Won't Hear Atty's Bid To Conflict Out Entire Ill. Bench

    The U.S. Supreme Court on Monday declined to take up the case of a lawyer suspended in Illinois who claimed the state's entire federal judiciary needed to recuse itself from his challenge to Illinois' attorney watchdog.

  • March 29, 2024

    Weed Investors' Money Shift Cost Co. Millions, Suit Says

    A Michigan entrepreneur has hit his ex-partner with a $5 million lawsuit, accusing him of wrecking plans to buy a 10-acre marijuana grow facility near Ann Arbor by poaching the lead investors so he could fund his own Colorado cultivation.

  • March 29, 2024

    Fiat Chrysler Can't Get Out Of Workers' Overtime Suit

    Fiat Chrysler must face a proposed collective action by workers accusing the automaker of failing to fully pay overtime wages, with a Michigan federal judge saying Friday that the company's argument improperly attacked the claims' merits rather than whether there was enough proof to keep them in court.

  • March 29, 2024

    Vidal Offers 'Peace Of Mind' For MDL Rivals Heading To PTAB

    U.S. Patent and Trademark Office Director Kathi Vidal has set new boundaries on interpreting the Patent Trial and Appeal Board's discretionary denial precedent for follow-on petitions, making clear that defendants can work together in multidistrict litigation without giving up the right to file separate patent challenges.

  • March 29, 2024

    Varnum Grows Practice With Corporate Immigration Pro

    A Michigan law firm has picked up an immigration attorney with more than 25 years of experience helping businesses meet their immediate and long-term immigration needs.

  • March 29, 2024

    GOP Targets Mich. Framework For Approving Mail-In Ballots

    National and state Republican groups are contesting a Michigan directive for counting mail-in ballots, arguing that the guidance about verifying signatures runs afoul of state elections law.

  • March 29, 2024

    Flint Residents Can't Show Profit From Hasty Water Rate Hike

    Residents challenging the city of Flint's rushed implementation of higher water and sewage rates couldn't show how the city unjustly profited from the change or whether the increased rate was unreasonable, a Michigan appellate panel said in upholding the dismissal of the residents' suit.

  • March 29, 2024

    8 States Seek $122M After Robocaller Allegedly Ignored Ban

    Attorneys general from eight states urged a federal judge to modify an existing injunction barring a businessman from engaging in robocalling or telemarketing campaigns, asserting he has violated that order, should be held in contempt and must pay $122 million.

  • March 28, 2024

    Judge Powers Down Lenovo Computer Crashing Claims

    A Michigan federal judge on Wednesday scrapped a proposed class action claiming Lenovo marketed a computer as reliable when it allegedly suffered from performance issues, saying the company never promised the computer wouldn't freeze or crash.

  • March 28, 2024

    Adidas Defeats Hockey Fan's Red Wings Jersey Suit

    A Michigan federal judge on Wednesday tossed a hockey fan's lawsuit alleging Adidas misled customers into thinking its retail Red Wings jerseys were identical to the in-game uniforms, saying the customer couldn't point to any such promise from the sportswear company.

  • March 28, 2024

    Former Prison Contractor Must Pay $112K, 6th Circ. Says

    The Sixth Circuit on Thursday affirmed a National Labor Relations Board decision ordering a former Federal Bureau of Prisons contractor and a Michigan halfway house to pay around $112,000 to two fired workers, supporting the agency's conclusion that the entities are liable for back pay.

  • March 28, 2024

    Auto Parts Mogul Must Face Lender's $127M Trust Fraud Suit

    An auto parts mogul must face allegations that he tampered with assets in a trust that owes hundreds of millions of dollars to a lending agent, a Michigan federal judge said this week after ruling the lender has plausibly alleged the mogul made fraudulent transfers to hinder the debt repayment.

  • March 28, 2024

    Mercedes, Insurer Don't Owe Reimbursement For Vehicle Fire

    Mercedes-Benz's North American research arm and its insurer don't owe reimbursement to a commercial real estate operator's insurer for $1 million in damages stemming from a vehicle fire at a testing facility, a Michigan federal judge ruled, finding that Mercedes' insurer issued commercial general liability coverage, not property protection insurance.

  • March 28, 2024

    'Better Made' Chips Goes After 'Better Smoke' Pot

    Detroit-based Better Made Snack Foods Inc. said a number of cannabis companies in Michigan have been selling a line of "Better Smoke" cannabis products that mimics the snack brand's century-old logo in a trademark infringement lawsuit filed Wednesday.

  • March 27, 2024

    Justices Poised To Expand Repeat Offenders' Jury Trial Rights

    The U.S. Supreme Court appeared likely Wednesday to agree with the Biden administration and the criminal defense bar that repeat offenders have a constitutional right to let a jury decide if past offenses were sufficiently distinct to trigger lengthy prison terms under a prominent sentencing enhancement.

  • March 27, 2024

    Federal Panel Approves Michigan's Redrawn House Districts

    A Michigan federal court on Wednesday approved new state legislative districts in Detroit for this year's elections after striking down the existing map late last year because districts were drawn based on race.

  • March 27, 2024

    6th Circ. Backs Allstate In Worker's Religious Bias Appeal

    The Sixth Circuit declined Wednesday to reinstate a former Allstate employee's lawsuit alleging he was fired for expressing faith-based anti-LGBTQ views, saying he failed to rebut the company's argument that he was cut loose for his lackluster performance.

  • March 27, 2024

    Eastman Should Be Disbarred, Calif. State Bar Judge Rules

    A State Bar Court of California judge on Wednesday recommended disbarring Donald Trump's onetime attorney John Eastman, who helped plan and promote the former president's strategy to overturn the 2020 presidential election.

Expert Analysis

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

  • The Issues Brewing Around Starbucks Labor Practice Cases

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    Starbucks is faced with fighting off another push for a nationwide injunction against firing any employees that support unionization, and there's a distinct possibility that the company and the National Labor Relations Board could be fighting the same fight over and over in various locations, says Janette Levey at Levey Law.

  • Assessing EPA's Potential Retreat On Title VI Enforcement

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    The U.S. Environmental Protection Agency's decision to close its Title VI investigation of Louisiana — rather than respond to the state's litigation challenge against it — raises questions about the efficacy of the agency's plans to use Title VI in support of its environmental justice initiatives, say Susan Richardson and Jeffrey Davidson at Kilpatrick Townsend.

  • Immigration Program Pitfalls Exacerbate Physician Shortages

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    Eliminating shortcomings from U.S. immigration regulations and policies could help mitigate the national shortage of physicians by encouraging foreign physicians to work in medically underserved areas, but progress has been halted by partisan gridlock, say Alison Hitz and Dana Schwarz at Clark Hill.

  • Perspectives

    Mallory Gives Plaintiffs A Better Shot At Justice

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    Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.

  • FLSA Collective Actions: Are Courts Still Dancing The 2-Step?

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    In the absence of amendments to the Fair Labor Standards Act, courts have filled in some of the statute's gaps and established a two-step framework for conditional certification of a class, but recent rulings show signs that courts are ready to hold party plaintiffs to a higher standard if they want to recruit others to join their lawsuits, says Allison Powers at Barack Ferrazzano.

  • Courts Can Overturn Deficient State Regulations, Too

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    While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.

  • Tales From The Trenches Of Remote Depositions

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    As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.

  • The Legal Issues Flying Around The Evolving Drone Market

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    As the number of drone registrations is expected to more than double over the next three years, the industry faces new risks and considerations related to privacy, Fourth Amendment, criminal, evidentiary, First Amendment, and insurance litigation, say attorneys at Covington.

  • Opinion

    Supreme Court Must End Acquitted Conduct Sentencing

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    While all three branches of government have shown reluctance to address the issue of acquitted conduct sentencing, including the U.S. Supreme Court in its recent denial of certiorari in a case addressing the topic, the court must — as only it can — put an end to this unconstitutional practice, say Alan Ellis at the Law Offices of Alan Ellis and Mark Allenbaugh at Sentencing Stats.

  • Challenging Standing In Antitrust Class Actions: Timing

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    The early resolution of Article III standing disputes in antitrust class actions can result in sizable efficiencies, but some litigants and courts are improperly relying on the Amchem and Ortiz U.S. Supreme Court cases to defer standing issues until after ruling on plaintiffs' class certification motions, say Michael Hamburger and Holly Tao at White & Case.

  • Level Up Lawyers' Business Development With Gamification

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    With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.

  • Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled

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    In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.

  • 4 Legal Issues Grant-Funded Broadband Projects May Face

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    The Biden administration's recently announced funding allocations represent the largest ever government investment in broadband internet infrastructure, but these new development opportunities will require navigation of complicated and sometimes arcane legal environments, says Casey Lide at Keller & Heckman.

  • 5 Ways Firms Can Rethink Office Design In A Hybrid World

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    As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.

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