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Michigan
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May 02, 2024
Former Mich. Speaker, Wife Arraigned On Embezzling Charges
A former speaker of the Michigan House of Representatives and his wife pled not guilty on Thursday to multiple financial crimes and received the judge's blessing to travel out of state to attend the Kentucky Derby, in their first court appearance since the charges were announced.
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May 01, 2024
Mich. Atty Can't Avoid Suspension For Frivolous Cases
The Michigan Attorney Discipline Board has said a 100-day suspension is appropriate for an attorney accused of filing frivolous claims and misleading federal and state courts while representing clients in cases against governmental entities and elected government officials.
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May 01, 2024
6th Circ. Says Precedent Revives Salvadoran's Removal Fight
The Board of Immigration Appeals misread precedent in finding that a Salvadoran man convicted of a misdemeanor under a Tennessee domestic violence law is barred from canceling his removal based on a disqualifying crime of violence, the Sixth Circuit has ruled.
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May 01, 2024
DC Circ. Scrutinizes Social Welfare In Tribe's Land Trust Bid
The D.C. Circuit on Wednesday grappled with whether a Native American tribe's bid to compel the federal government to take land into trust for a casino venture would promote tribe members' social welfare, as one judge sounded wary of such a move's repercussions.
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May 01, 2024
DOL Announces $6.5M For Seasonal Farmworker Housing
The U.S. Department of Labor on Wednesday said it will make $6.5 million in grants available to organizations working to improve housing conditions for seasonal and migrant farmworkers and their dependents.
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May 01, 2024
6th Circ. May Unbuckle Supplier From Seat Belt Parts Contract
One Sixth Circuit judge seemed prepared Wednesday to free a supplier from a court order to continue fulfilling a seat belt system manufacturer's orders, indicating that he didn't think the terms of the companies' contract obligated them to each other long-term.
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May 01, 2024
53 Govs. Want Say In Moving Nat'l Guard Staff To Space Force
The governors of 48 states and several U.S. territories warned the U.S. Department of Defense that allowing hundreds of Air National Guard personnel to be transferred to the U.S. Space Force without the governors' approval undermines their authority over their states' military readiness.
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May 01, 2024
Tribe Fires Back At Feds' Brief In Enbridge Pipeline Row
The Bad River Band of the Lake Superior Tribe of Chippewa Indians has called on the Seventh Circuit to reject in part the federal government's position in an appeal over the future of Enbridge Energy's controversial Line 5 oil pipeline.
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April 30, 2024
Detroit Tigers Say Fired Workers Can't Testify At Age Bias Trial
The Detroit Tigers has told a federal court that a former employee who alleged the club made a habit of letting older workers go to promote younger ones shouldn't be allowed to have eight other departed or demoted staff members testify in an upcoming trial.
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April 30, 2024
Michigan Renews Judges' Power To Charge Court Costs
Michigan trial courts can continue charging operational costs to convicted defendants after Gov. Gretchen Whitmer signed legislation Tuesday reauthorizing the fees, one day before they were set to expire.
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April 30, 2024
6th Circ. Weighs Merits, Procedure In NLRB Severance Case
The Sixth Circuit grappled Tuesday with a hospital's challenge to the National Labor Relations Board's ruling that it unlawfully offered severance agreements that muzzled workers, with one judge questioning how the agreements interfered with workers' rights and another whether the hospital was even entitled to oppose the new standard.
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April 30, 2024
Hospital Says IP Spat Shouldn't Delay Children's Center Build
A Michigan hospital system has asked a judge to deny an attempt to block construction of a children's rehabilitation hospital, saying it did not copy its former architect's design and has made significant design pivots since terminating the firm's contract.
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April 30, 2024
6th Circ. Nominee Denies Ethics Accusations Again
A nominee for the Sixth Circuit provided more detail to bolster his denial of claims of ethical misconduct during his time as a prosecutor, as outlined in a follow-up questionnaire.
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April 30, 2024
Mich. Judge Admits Error In Cutting Predatory Lending Claims
A Michigan federal judge admitted she was wrong to toss fair housing claims alleging a group of real estate companies ran a bulk home buying program that preyed on Black buyers, reviving the claims and reversing a decision to cut a defendant from the case.
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April 30, 2024
NYC Law Firm Says Japanese Auto Supplier Owes $800K Fees
New York law firm Florence Rostami Law LLC seeks more than $800,000 in legal fees and expenses after representing a Japanese auto part manufacturer in litigation and bankruptcy court proceedings in a contract dispute with a former vendor, the firm told a Michigan federal court.
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April 29, 2024
6th Circ. Revives Co.'s Malpractice Suit Against Ohio Firm
The Sixth Circuit on Monday revived a Texas real estate developer's legal malpractice claim against an Ohio law firm, remanding the case back to a lower court to consider the viability of certain professional negligence claims.
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April 29, 2024
Kemp Klein Adds Bankruptcy Atty In Mich.
Detroit-area-based Kemp Klein Law Firm has announced it hired a new bankruptcy-focused corporate lawyer to bolster its corporate, litigation and bankruptcy practices.
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April 29, 2024
Zoning Limits Cost Mich. Wineries $120M, Judge Told
A group of wineries told a federal judge Monday that a Michigan township's zoning restrictions have caused the vintners to miss out on $120 million in profits and stifled their growth, while the township's lawyer said the damages ask is unreasonable and unwarranted.
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April 29, 2024
Catching Up With Delaware's Chancery Court
A multibillion-dollar Tesla trust proposal, a Truth Social bond, power plays over Prince's estate, and three in the ring for World Wrestling Entertainment. All of this and much more came up in Delaware Chancery Court dockets last week.
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April 29, 2024
NY Mag Readers Say Privacy Damages Enough For Fed. Court
New York Magazine subscribers told a Michigan federal judge that "simple math" would show they clear a $5 million federal court damages threshold to bring a class action alleging the publisher disclosed their data to third parties, urging the court to ignore the magazine's bid to toss the case.
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April 29, 2024
GM, LexisNexis Hit With Another Driving Data Suit
A Michigan driver told a Georgia federal court that his auto insurance rate increased after General Motors and its OnStar unit collected his driving data without consent and shared it with third parties, including data broker LexisNexis Risk Solutions, which then sold the data to insurers.
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April 29, 2024
Builders Say State Rulemaking At Stake In Mich. PFAS Case
A homebuilders' group has backed industrial giant 3M in urging the state's highest court to preserve a lower court ruling wiping out limits on forever chemicals, with a trade group official saying the decision could affect other state agency rulemaking.
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April 29, 2024
Fruit Co. Must Face Pollution Suit From Tribe, Enviro Groups
A Michigan federal judge has ruled a fruit and vegetable company can't escape claims it unlawfully contaminated nearby wetlands with polluted wastewater discharges, saying the company's defense essentially ignores the primary theory of liability put forward by a Native American tribe and two environmental groups.
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April 29, 2024
Excess Insurer Seeks Inclusion In OpenText Merger Row
Allied World National Assurance asked a Michigan federal court to allow it to join a coverage dispute against its excess insured OpenText, maintaining that the software company's primary insurer will soon reach its limits on defense costs in the underlying class action over OpenText's merger with Covisint.
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April 29, 2024
Swamp Drowning Death Suit Sent Back To Trial Court
The Michigan Court of Appeals won't let a man escape a wrongful death suit by the estate of a woman who drowned in swampland his camper was on, saying he had some control over who accessed it, and must face premises liability claims.
Expert Analysis
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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Opinion
High Court Should Settle Circuit Split On Risk Disclosures
The U.S. Supreme Court should grant the petition for writ of certiorari in the Facebook case to resolve a growing circuit split concerning when risk disclosures can be misleading under federal securities laws, and its decision should align with the intent of Congress and the U.S. Securities and Exchange Commission, says Richard Zelichov at DLA Piper.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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Risks Of Nonmutual Offensive Collateral Estoppel In MDLs
After the Supreme Court declined to review the Sixth Circuit's ruling in the E.I. DuPont de Nemours & Co. personal injury litigation, nonmutual offensive collateral estoppel could show up in more MDLs, and transform the loss of a single MDL bellwether trial into a de facto classwide decision that binds thousands of other MDL cases, say Chantale Fiebig and Luke Sullivan at Weil Gotshal.
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FARA Enforcement May Soon Be In The Halls Of Higher Ed
Given Congress’ increased attention to rising foreign influence on U.S. college campuses, the U.S. Department of Justice may soon turn the Foreign Agents Registration Act spotlight on educational institutions and groups, which will need to review their possible obligations under the statute, says Tessa Capeloto at Wiley.