Michigan

  • March 22, 2024

    Detroit Hospital, Deaf Patient Can't Avoid Trial In Disability Suit

    Detroit's Henry Ford Health System may face a jury trial in a deaf patient's lawsuit claiming she was denied an American Sign Language interpreter, with a Michigan federal judge refusing to grant summary judgment to either the hospital or the patient.

  • March 22, 2024

    Phone Cos., Counties Profit From Jail Visit Bans, Families Say

    Two prison telecommunications service providers have been hit with lawsuits in Michigan state court claiming they worked with jail operators to restrict in-person visits in order to boost their profits from lockup video and phone calls.

  • March 22, 2024

    6th Circ. Says Fired Doctor Got Enough Due Process

    The Sixth Circuit backed two Ohio healthcare companies and Wright State University's early wins against a former resident doctor's claims that she was improperly fired for unprofessional conduct, stating that all the parties involved engaged in "more than enough due process" before terminating her.

  • March 22, 2024

    'Common Sense' Mich. Ruling Says Photos Not Eavesdropping

    Michigan appellate judges said it's common sense that taking a photograph isn't the same as overhearing a conversation, agreeing with a lower court that a union leader's eavesdropping claim against a rival should be tossed because an image of him posted online doesn't convey a private discussion.

  • March 21, 2024

    6th Circ. Probes Outside Firm's Outreach To Class Members

    A Sixth Circuit judge suggested Thursday that there may be free-speech issues with an order barring outside attorneys from sending solicitation letters to potential class members poised to benefit from a pending settlement over Michigan counties' tax foreclosure practices.  

  • March 21, 2024

    Ford Says $350K TM Jury Award Can't Be Boosted To $15M

    Ford Motor Co. on Wednesday urged a Michigan federal court to deny a tech company's request to boost an unfair competition award against Ford from less than half a million to $15 million because the tech company didn't challenge Ford's sales and profit data at trial. 

  • March 21, 2024

    6th Circ. Skeptical Of Enbridge's Late Pipeline Suit Transfer

    A Sixth Circuit panel questioned how Enbridge Energy LP could move a lawsuit seeking to shut down one of its pipelines to federal court more than two years after it was filed, pressing the company Thursday to justify missing the 30-day cutoff for removals.

  • March 21, 2024

    6th Circ. Revives McKee's Network Plan Fight With Thrifty Med

    The Sixth Circuit reinstated on Thursday McKee Foods Corp.'s suit against Thrifty MedPlus Pharmacy alleging Tennessee law requiring pharmacy benefit managers to let "any willing pharmacies" participate in a network was preempted by the Employee Retirement Income Security Act, finding that amendments made to the statute didn't render McKee's claims moot.

  • March 21, 2024

    6th Circ. Doubtful Of Hospital Workers' Vax Exemption Claim

    A Sixth Circuit panel appeared skeptical Thursday of an argument from a class of former employees of Ohio Children's Hospital that their First Amendment rights to freedom of religion were violated under the hospital's COVID-19 employee vaccination policy.

  • March 21, 2024

    6th Circ. Zeroes In On CBA In Vax Bias Preemption Battle

    A Sixth Circuit panel pressed on Thursday a cargo airline and pilots who say they were unlawfully fired for refusing COVID-19 vaccinations about the pilots' union contract, with one judge asking whether the open questions about their collective bargaining agreement meant the discrimination case was preempted.

  • March 21, 2024

    6th Circ. Unsure Of OSU, Prof's Harassment Wins

    A Sixth Circuit judge asked an Ohio State University attorney Thursday "why in the world" a jury wasn't allowed to decide parts of a former graduate student's sexual harassment and retaliation claims against the university and a professor.

  • March 21, 2024

    6th Circ. Judge Doubts Challenge To $39B Student Debt Relief

    A Sixth Circuit judge was skeptical Thursday that two libertarian think tanks had shown the Biden administration's plan to wipe out billions of dollars in student loan debt puts them at a disadvantage to recruit indebted lawyers, saying the groups didn't fully explain who they were competing against.

  • March 21, 2024

    Ky. Coal Mine Owner Tells 6th Circ. Lease Sale Was Improper

    The owner of a sprawling Kentucky coal mine told the Sixth Circuit on Thursday that a sale of leases by the mine's bankrupt operator was improper because the bankruptcy court didn't hold a required hearing on changes to the assignment of leases.

  • March 21, 2024

    6th Circ. Revives 2 Workers' Claims In Religious Vax Bias Suit

    The Sixth Circuit revived a case alleging an Ohio hospital discriminated against workers by requiring the COVID-19 vaccine despite their religious objections, but only for two of the 46 workers behind the suit, finding they were the only ones who showed they may have been harmed.

  • March 21, 2024

    DOJ Sues Apple, Rounds Out US Claims Against Tech Big 4

    The U.S. Department of Justice and several state attorneys general on Thursday launched an antitrust suit against Apple, accusing the world's dominant smartphone maker of maintaining an anti-competitive monopoly over its iron grip over the iPhone, rounding out the quartet of long-anticipated government antitrust litigation already proceeding against Google, Meta and Amazon.

  • March 20, 2024

    Republican Bill Targets Colleges Hiring Unauthorized Workers

    Sen. J.D. Vance, R-Ohio, and Rep. Jim Banks, R-Ind., have introduced legislation to prevent universities that receive federal funding from hiring unauthorized immigrants.

  • March 20, 2024

    How The Supreme Court Could Narrow Chevron

    After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.

  • March 20, 2024

    Breaking Down Each State's Climate Priority Policies

    Forty-five states have now completed climate action plans outlining how they'll advance federal climate goals through policy and programs in coming years, with most focusing at least in part on real estate development as a way to reduce emissions.

  • March 20, 2024

    Law360 Announces The Members Of Its 2024 Editorial Boards

    Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.

  • March 20, 2024

    US Chamber's Litigation Funding Concerns Spur 2 State Laws

    Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.

  • March 19, 2024

    Potential Bias Taints Mich. Courts, Residents Tell 6th Circ.

    Three Michigan residents urged the Sixth Circuit on Monday to revive their lawsuit alleging unconstitutional bias in Michigan's court system, saying judges sitting on the state's claims court and its appellate court may be unwilling to overrule their colleagues.

  • March 19, 2024

    Bettors' Appeal Over Doped Derby Horse Heard By 6th Circ.

    Bettors on the 2021 Kentucky Derby who did not bet on winner Medina Spirit can't claim negligence or damages in court, even though the horse was later disqualified for failing a drug test, an attorney for Churchill Downs told a Sixth Circuit panel on Tuesday.

  • March 19, 2024

    Feds, Mich., City Escape Black Residents' $600M Pollution Case

    A Michigan federal judge has dismissed a $600 million lawsuit brought by Black residents of Kalamazoo claiming a local company, the city, the state and the federal government did nothing about polluted air in their neighborhood because of their race.

  • March 19, 2024

    Kellogg Arbitration Pact Is Invalid, 6th Circ. Told In 401(k) Fight

    A former Kellogg Co. employee urged the Sixth Circuit to reinstate his lawsuit accusing the company of up-charging retirement plan participants with excessive fees, saying the case was wrongly booted to arbitration without his consent.

  • March 20, 2024

    Future Of Judge-Shopping Reform Hazy After Rule Proposal

    The policymaking body for U.S. courts provoked a stir last week when it proposed a rule designed to curb "judge shopping," with observers saying that the policy does address one type of the practice but that it remains to be seen if individual federal district courts will be willing to adopt even that limited reform.

Expert Analysis

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • Issues High Court Is Weighing In Gov't Social Media Cases

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    Two U.S. Supreme Court cases aim to resolve a circuit split on whether public officials who block commenters from their personally created accounts are acting "under color of" state law, and the justices are grappling with determining how canonical legal principles will fit into a shifting landscape driven by advances in technology, says Alyssa Howard at Zuckerman Spaeder.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • The Key To Defending Multistate Collective FLSA Claims

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    Federal circuit courts are split on the reach of a court's jurisdiction over out-of-state employers in Fair Labor Standards Act collective actions, but until the U.S. Supreme Court agrees to review the question, multistate employers should be aware of a potential case-changing defense, say Matthew Disbrow and Michael Dauphinais at Honigman.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

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