Michigan

  • March 19, 2024

    Leech Tishman Tells 6th Circ. Time Ran Out On Fraud Suit

    A former Leech Tishman attorney was not party to a tolling agreement between his law firm and investors caught in a Ponzi scheme he allegedly should have warned them away from, so the firm should escape vicarious liability once the time limit expired for the investors to sue him, counsel for the firm told the Sixth Circuit Tuesday.

  • March 19, 2024

    Insurer Meets 6th Circ. Resistance In Bid To Undo Amway Win

    Sixth Circuit judges appeared skeptical Tuesday of an AIG unit's argument that it shouldn't have to defend and indemnify Amway Corp. in copyright litigation, with one judge saying he doubted Amway's self-insured policies should take priority over an AIG internet policy.

  • March 19, 2024

    States Converge On Texas' Challenge To EPA Methane Rule

    A California-led coalition of Democratic attorneys general wants to defend new federal limits on oil and gas industry methane emissions challenged by Texas, Oklahoma and other conservative states, with supporters of the new rules claiming a sovereign interest in protecting their citizens from harmful greenhouse gas pollution.

  • March 19, 2024

    Pro-Trump Mich. Atty Evading Warrant Arrested In DC

    A Michigan attorney facing state criminal charges of tampering with voting machines was released on a $10,000 unsecured bond in Washington, D.C., on Tuesday after she was arrested following a hearing in separate defamation litigation brought by Dominion Voting Systems.

  • March 18, 2024

    Atty For Ex-Overstock CEO Admits Dominion Discovery Leaks

    A lawyer representing former Overstock.com CEO Patrick Byrne against a defamation lawsuit from Dominion Voting Systems admitted to a D.C. federal judge on Monday that she shared Dominion's discovery documents with law enforcement as Dominion's attorneys decried the leak as a flagrant violation of a court protective order.

  • March 18, 2024

    Trucking Co. Won't Get New Trial For $78M Crash Judgment

    A Detroit judge said on Monday that attorneys for a father and son killed in a 2018 tractor-trailer crash did not commit misconduct by telling a jury about the circumstances leading up to the crash because they were trying to prove damages for the fright the two experienced before they died.

  • March 18, 2024

    New York Magazine Urges Judge To Toss Reader Privacy Suit

    New York Magazine says it has too few Michigan-based subscribers for them to maintain a class action under a Michigan consumer privacy law, urging a judge to toss claims that it wrongfully disclosed readers' data to third parties.

  • March 18, 2024

    Electric Battery Maker Says Mich. Officials Impeding $2B Plant

    Gotion Inc. accused a Michigan township of going back on its promise to help the electric vehicle battery manufacturer get governmental approvals to build a components plant in which it plans to invest over $2 billion.

  • March 18, 2024

    Developers Say Mich. Township Thwarted Pot Dispensary

    A local cannabis advocacy group that includes real estate developers has sued a Michigan township in federal court, alleging elected officials have impeded a proposal to build a medical and adult-use dispensary despite residents' support and additional tax revenue the municipality will reap.

  • March 18, 2024

    Home Solar Co.'s Ex-CEO Wants Out Of Faulty-Panel Suit

    The CEO of a bankrupt solar company asked a Michigan federal judge on Monday to toss a lawsuit from a couple who purchased a solar system they claim was defective, saying having a "distinctive leadership style" does not make him an alter ego for the company.

  • March 15, 2024

    Sugar Giants Hit With Antitrust Suit Over Alleged Price-Fixing

    A class action filed in New York federal court Thursday alleges that the biggest players in the domestic sugar industry have been engaged in a price-fixing scheme for years.

  • March 15, 2024

    Mich. Justice David Viviano Won't Seek Reelection

    Michigan Supreme Court Justice David F. Viviano announced late Friday that he will not run for reelection this fall and will leave the court when his term expires at the end of this year.

  • March 15, 2024

    'Perplexed' Mich. Panel Restores Eye Doc's $227K Fee Award

    An ophthalmologist who emerged victorious from a decade-long battle over a noncompete agreement with his previous employer should not lose his attorney fee award because of late-breaking evidence that undermined his win, a Michigan state appeals court has ruled.

  • March 15, 2024

    Mich. Judge Wrong To Toss Weather Expert From Icy Fall Suit

    A trial court judge erred by finding that a weather expert's testimony wouldn't be relevant in a caretaker's suit alleging she slipped on black ice at her employer's property, a Michigan appellate panel has said, holding that the weather leading up to and during her fall is directly related to her claims.

  • March 15, 2024

    Detroit Tigers Can't Shut Out Ex-Worker's Age Bias Suit

    A Michigan federal judge said Friday a jury should hear a 58-year-old former Detroit Tigers clubhouse manager's claims that he was fired because of his age, pointing to a record that could show his boss had a pattern of replacing older workers with younger ones.

  • March 15, 2024

    Justices Craft Test To Decide If Social Media Use Is Official

    The U.S. Supreme Court adopted a new test Friday to determine if a public official's social media use constitutes state action subject to liability under the First Amendment, instructing courts to consider whether the official had authority to speak on the government's behalf and whether they purported to do so in the challenged action.

  • March 14, 2024

    GM, LexisNexis Sued For Sharing Driving Data With Insurers

    A Florida driver claims his insurance rate doubled because General Motors and its OnStar unit collected driving data through his Cadillac without permission and shared the information with LexisNexis Risk Solutions, which created a vague driving behavior report that insurance companies use to determine coverage, according to a putative federal class action.

  • March 14, 2024

    'Secret Meeting' Settlement OK Draws Mich. Justices' Scrutiny

    A Michigan Supreme Court justice expressed discomfort Thursday with the idea that government officials could ratify a settlement in a closed-door meeting without consequences, in a case brought by three insurers against a county government's road agency trying to back out of a settlement to which it says it never agreed. 

  • March 14, 2024

    FTC Says Consolidation Endangering Infant-Formula Market

    The Federal Trade Commission has found the country's small number of baby formula manufacturers and the effects of a federal nutrition program contributed to shortages in 2022 and are still making the supply chain vulnerable to disruption.

  • March 14, 2024

    Atty Evading Warrant Fights Fingerprinting In Election Case

    A Michigan attorney refusing to turn herself in after missing a hearing in a criminal case alleging that she tampered with voting machines urged a state appellate court Wednesday to halt the proceedings against her, saying the trial court's demand that she get fingerprinted violates her privacy.

  • March 14, 2024

    Mich. AG Taps Enviro, Regulatory Chiefs As Deputy AGs

    The Michigan Attorney General's Office on Wednesday announced the promotions of two division heads to deputies and the creation of new criminal divisions to focus on victims' services and conviction integrity.

  • March 14, 2024

    Ford Slammed For Bid To 'Sidestep' Faulty Axle-Bolt Suit

    Two Washington SUV owners suing Ford for allegedly slacking on safety in newer Explorer models have accused the vehicle maker of trying to "sidestep liability" in their proposed class action by pointing to two recalls that didn't address the design flaw at issue.

  • March 14, 2024

    Most States Fall Short In Disclosing Justices' Finance Reports

    The vast majority of state supreme courts make it exceedingly difficult for the public to get information about justices' financial entanglements, and the information they do give out is often scant at best, according to a report released Thursday.

  • March 14, 2024

    Whirlpool Can't Toss Defect Suit Over Ice Buildup In Fridges

    A California federal judge has declined to throw out a putative class action claiming Whirlpool hid a defect in its refrigerators that led to cooling failures due to frost buildup, finding the suit sufficiently alleged Whirlpool knew of the problem since it issued technical service pointers noting customers could possibly experience buildup.

  • March 13, 2024

    6th Circ. Kills Orders On Calculating Delivery Driver Costs

    A Sixth Circuit panel has swept away rulings from courts in two separate states — one that sided with pizza delivery drivers and another that sided with the restaurants — over how drivers should be reimbursed for using their cars to make deliveries, saying they both got it wrong.

Expert Analysis

  • An Overview Of Circuit Courts' Interlocutory Motion Standards

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    The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • Ga. Ruling A Win For Plaintiffs Injured By Older Products

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    The Georgia Supreme Court's recent opinion in Ford Motor Co. v. Cosper gives plaintiffs the assurance that even if they are injured by older products, they can still bring claims under state law if the manufacturer used a design that it knew, or should have known, created a risk of substantial harm, says Rob Snyder at Cannella Snyder.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • State Regs Sow Discord Between Cannabis, Hemp Industries

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    Connecticut, Maryland and Washington are the latest states choosing to require intoxicating hemp products to comply with the states' recreational marijuana laws, resulting in a widening rift between cannabis and hemp as Congress works on crafting new hemp legislation within the upcoming 2023 Farm Bill, say attorneys at Wilson Elser.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

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