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Michigan
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April 18, 2024
Mich. Supreme Court To Hear Jet's Pizza Settlement Appeal
A woman arguing that her settlement with a Jet's Pizza delivery driver should not have snuffed out her vicarious-liability claim against the driver's employer will get a hearing before Michigan's highest court.
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April 18, 2024
Mich. AG Slams 'Lackluster' Disclosure Laws At Ethics Hearing
Michigan's attorney general and secretary of state testified on Thursday in support of ethics and transparency bills they say will help to fight "a culture of corruption" in the state's capital days after a former House speaker was charged with misusing state funds.
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April 18, 2024
Kellogg Beats ERISA Suit Over Use Of Outdated Data
A Michigan federal judge tossed litigation accusing Kellogg of shortchanging married retirees by relying on outdated life expectancies and interest rates when calculating their pension payments, agreeing with the company that the Employee Retirement Income Security Act doesn't require the data used to be reasonable.
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April 17, 2024
How Pro Leagues Are Grappling With Sports Betting Blues
The NBA on Wednesday banned Toronto Raptors forward Jontay Porter for life for violating its gambling rules, making it the latest professional sports league to face betting-related problems in wake of the U.S. Supreme Court's 2018 decision striking down a federal law prohibiting states from legalizing sports betting. Here, Law360 looks at the recent sports betting issues, infractions and penalties that professional leagues have had to handle.
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April 17, 2024
Mich. Justice Warns Of Price Tag In School Liability Case
A Michigan Supreme Court justice on Wednesday said a victory for a mother seeking to hold a school liable for her toddler's dangerous fall from bleachers could have far-reaching implications, potentially requiring expensive upgrades at public buildings across the state, including courthouses.
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April 17, 2024
Flagstar Bank Beats Overdraft 'Fee Maximization' Suit
A Michigan federal judge has shut down a proposed consumer class action that accused Flagstar Bank of unlawfully charging millions of dollars in surprise overdraft fees, ruling that the bank had provided clarifying disclosures that left no more room for surprise.
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April 17, 2024
Fired Whistleblowers' Right To Sue Vital, Mich. Justices Hear
A former Fiat Chrysler plant employee told a mostly quiet Michigan Supreme Court on Wednesday that state regulators should not be his only option for recourse after he was terminated, allegedly for reporting a workplace safety concern, arguing that Michigan workers will be hung out to dry if they can't bring their own lawsuits against employers.
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April 17, 2024
Racetrack's Unlisted Use Unremarkable, Mich. Justice Says
A Michigan Supreme Court justice said Wednesday it was not "particularly remarkable" that a zoning ordinance did not list all approved commercial uses, as residents push the court to restrict a race dragway's operations, noting that the law uses examples because it would be impossible to list everything allowed.
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April 17, 2024
GOP Sens. Raise Ethical Concerns Over 6th Circ. Nominee
Republicans went after a nominee for the Sixth Circuit during a hearing on Wednesday over allegations that he has behaved unethically as a prosecuting attorney, and that the White House picked him through a "backroom deal."
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April 16, 2024
Mich. Justice Questions Abuse Law's Missing Language
A Michigan Supreme Court justice on Tuesday challenged an attorney for a victim of a 1990s sexual assault on why the state Legislature didn't explicitly include retroactive language for a 2018 change that allowed survivors of Larry Nassar's abuse scandal more time to bring civil suits, noting that the law was specific in other areas.
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April 16, 2024
Amazon Beats Suit After Injured Drivers Bury Medical Details
Amazon can't be held liable in a personal injury lawsuit accusing an affiliate semitruck driver of rear-ending a family's vehicle, Michigan appeals court has ruled, saying it's not the court's responsibility to dig through a "huge stack of medical records" to find information favorable to the plaintiff.
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April 16, 2024
Mich. Justices Flag Bias Potential In Lost-Pay Damage Awards
Michigan Supreme Court justices asked about double-dipping damages and whether implicit bias could skew projections of a child's lifetime earnings as they examined whether to back lost wages awards in wrongful death cases Tuesday.
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April 16, 2024
Ex-NBA Guard Gets 18 Months In Healthcare Scheme
A former Detroit Pistons point guard was sentenced to 18 months in prison Tuesday after being convicted of one of two counts over an alleged scheme to defraud the NBA's healthcare plan, with a Manhattan federal judge saying his proceeds were "not chump change" and faulting his behavior on pretrial release.
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April 16, 2024
Ex-Mich. Speaker, Wife Charged With Embezzlement
Former Michigan House Speaker Lee Chatfield was charged Tuesday with criminally misusing money from his nonprofit to pay for family trips and designer clothing while in office, as the state attorney general called on lawmakers to beef up Michigan's "worthless" campaign finance laws.
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April 16, 2024
Amway Parent Must Face Trial In Retirees' 401(k) Suit
A Michigan federal judge refused Tuesday to totally free Amway's parent company from a class action accusing it of stacking its 401(k) with unwise investments and excessive fees, saying a jury should determine whether the company's investment review process was prudent.
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April 16, 2024
Buttigieg, State AGs To Probe Consumer Airline Complaints
Transportation Secretary Pete Buttigieg on Tuesday announced a new partnership with Colorado and over a dozen other states to investigate consumer complaints about air travel, vowing to hold airlines and ticket agents accountable for excessive flight cancellations and unfair business practices.
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April 16, 2024
6th Circ. Won't Rehear White Ex-Kroger Manager's Bias Case
A former manager for Kroger will not get to argue his claims he was fired because he is a white man before the full Sixth Circuit, according to a new order, letting stand the appellate court's decision to dismiss the former manager's claims.
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April 16, 2024
Pot Transport Co. Can't Escape Overtime Suit
A company specializing in secure transport of marijuana products didn't show that its drivers engage in interstate commerce and therefore can't escape a driver's misclassification suit seeking unpaid overtime, a Michigan federal judge has ruled.
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April 16, 2024
Atty Sanction's 'Chilling Effect' Worries Mich. Justice
A Michigan Supreme Court justice asked Tuesday whether upholding sanctions against an attorney who joined a case after earlier frivolous litigation would scare away lawyers from agreeing to represent clients in those situations, echoing concerns shared by the plaintiff and defense bars.
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April 16, 2024
Arbitration Pacts Leave Domino's Wage Suit Plaintiff-Less
An expense reimbursement dispute against Domino's can't go forward because it will be without a named plaintiff, as the four drivers who were supposed to step in are all bound by arbitration agreements, a Michigan federal judge ruled Tuesday.
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April 16, 2024
AIG Unit Must Cover $20M Botched Tunnel Project, Court Told
A Michigan county's water resources commissioner and sewage disposal system accused an AIG unit of failing to arbitrate their coverage claims over a design contractor's faulty work on a tunnel project, claiming they've suffered more than $20 million in damages.
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April 15, 2024
Gov't Says Mich. Court Lacks Authority Over U-Visa Delay Suit
The federal government on Friday urged a Michigan federal court to toss a proposed class action alleging unreasonable decision delays in U-visa petitions, saying the court wouldn't be able to cure the visa-seeking plaintiffs' alleged harm of being unable to work.
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April 15, 2024
Judge Tosses 'Boilerplate' Infringement Suit Against OnStar
OnStar LLC has escaped an infringement suit alleging it infringed a wireless company's patent for tracking vehicles after a Michigan federal judge said the wireless company did not properly describe its patent or allege how OnStar was misusing the technology.
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April 15, 2024
Mich. High Court To Hear Siblings' Ski Share Valuation Fight
A sibling feud between the CEO of a family-run ski resort company and his sister, a minority shareholder, will get a hearing in front of the Michigan Supreme Court after the justices agreed to look at whether the company honored an agreement for redemption of shares in the family company.
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April 15, 2024
Detroit Court To Go All-Virtual During NFL Draft Week
Michigan's Third Judicial Circuit is going virtual-only for court proceedings next week because the National Football League draft in downtown Detroit, and the hundreds of thousands of visitors expected to descend on the Motor City, will limit parking and access to the court building, the court announced Monday.
Expert Analysis
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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3 Significant Ohio Insurance Updates From 2023
The past year saw some significant changes and developments in Ohio's insurance coverage landscape, from new bad faith discovery mechanisms relating to out-of-state property to the Ohio Supreme Court's interpretation of what constitutes an assault or battery for coverage purposes, say Jenna Pletcher and William Peseski at Brouse McDowell.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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A Closer Look At The Federal Criminal Enforcement Slump
Former Deputy Attorney General Rod Rosenstein, now at King & Spalding, explains that the U.S. Department of Justice’s statistical reports reveal that federal authorities are considerably less productive today than in the past, as criminal prosecutions fell in 2022 in every major category, for reasons that are not entirely clear.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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5 Securities Litigation Issues To Watch In 2024
There is yet another exciting year ahead for securities litigation, starting with the U.S. Supreme Court hearing argument next week in a case presenting a key securities class action question that has eluded review for the last eight years, say attorneys at Willkie.
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A Look At Consumer Reporting In 2023, And What's To Come
The legal landscape of consumer reporting is evolving as courts, federal regulators and state legislatures continue to weigh in — and while last year may have seen a slight downtick in the overall volume of Fair Credit Reporting Act litigation, 2024 is set to be a watershed year for this area of the law, say attorneys at Troutman Pepper.
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Evaluating Retroactivity Of Mich. Drugmaker Immunity Repeal
In assessing whether a new Michigan law lifting drugmakers' blanket immunity from product liability suits will apply retroactively, there are four key factors that Michigan courts will likely consider, say Sherry Knutson and Brenda Sweet at Tucker Ellis.
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4 Legal Ethics Considerations For The New Year
As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
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What The Law Firm Of The Future Will Look Like
As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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4 PR Pointers When Your Case Is In The News
Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
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Law Firm Strategies For Successfully Navigating 2024 Trends
Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
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The Most-Read Legal Industry Law360 Guest Articles Of 2023
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
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5 Most Notable Class Action Standing Cases Of 2023
Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.
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Attorneys' Busiest Times Can Be Business Opportunities
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.