• December 06, 2023

    Mich. Justices Go Down 'Rabbit Hole' In Rare Zoning Appeal

    From a relatively quiet Michigan Supreme Court bench that was hearing a rare high-court zoning appeal Wednesday, one justice indicated some sympathy for zoning officials who want to undo a decision saying they can't block a NextEra Energy subsidiary from expanding a wind farm.

  • December 06, 2023

    MyPillow CEO Can't Escape Sanctions In Election Docs Row

    MyPillow CEO Mike Lindell has to pay a Michigan county's expenses related to the Dominion voting machine defamation case he's a defendant in after the Sixth Circuit on Wednesday found a broad subpoena Lindell served on the county was "the type of subpoena somebody issues when they have no idea really what they're looking for."

  • December 06, 2023

    Mich. Top Court Seeks Clear Test For Biker's Crash Coverage

    Michigan Supreme Court justices wrestled Wednesday with how involved a car needs to be in a motorcyclist's crash to trigger car insurance coverage, with the justices seemingly struggling with both sides' arguments for tests that could be applied to future crash scenarios.

  • December 06, 2023

    6th Circ. Asks How Doctors Can Fight HHS Trans Statute

    The Sixth Circuit on Wednesday wondered what a group of physicians must do to prove they can challenge the U.S. Department of Health and Human Services' potential enforcement of a statute that, under the government's interpretation, would prohibit federally funded health programs from discriminating against transgender individuals based on their sex.

  • December 06, 2023

    Restaurant Chains Still Fighting Part Of $8M Chicken Deal

    Boston Market, Golden Corral, Cracker Barrel, Domino's and other restaurant chains continued Tuesday to contest part of an $8 million class settlement resolving other direct buyers' chicken price-fixing claims, arguing specifically that the deal improperly bargained away claims they still want to assert in a subsequent trial.

  • December 06, 2023

    6th Circ. Says White Manager Can't Revive Race Bias Suit

    The Sixth Circuit backed the dismissal of a white manager's race bias and retaliation suit alleging a Japanese-owned auto parts maker demoted and fired him for complaining about racial harassment, ruling he didn't show that the company's actions arose out of prejudice.

  • December 05, 2023

    Cleaning Co. Quashes Salesman-Turned-Atty's Firing Suit

    A lawyer who juggled his role as a Michigan county's top prosecutor with a full-time job as a sales manager lost a wrongful termination suit against his former employer Tuesday, with a judge saying concerns the prosecutor voiced about an illegal bid-rigging scheme didn't hold much water given that he took part in the alleged scheme.

  • December 05, 2023

    6th Circ. Seems Split On Chrysler Worker's Firing Bias Suit

    The Sixth Circuit appeared to grapple Tuesday with a worker's push to revive his suit claiming Chrysler-maker FCA US LLC fired him because it saw him as disabled, with one judge seeking more detail from the worker and another pressing FCA on contradictory testimony.

  • December 05, 2023

    Objectors Try, Again, To Derail Mich. Tax Foreclosure Deal

    Class members opposing a proposed settlement between 43 Michigan counties and homeowners who seek the profits the counties made selling their tax-foreclosed homes are now saying several class representatives have died during the litigation, and questioning if others in the case actually owned the properties in question.

  • December 05, 2023

    6th Circ. Casts Skeptical Eye On Dykema's Age Bias Win

    The Sixth Circuit seemed likely to revive a former Dykema Gossett PLLC legal secretary's suit claiming she was terminated shortly after turning 50, with judges questioning Tuesday whether it's plausible that the ex-employee's manager was oblivious to age-based comments made about her subordinate.

  • December 05, 2023

    6th Circ. Unmoved By Straight Worker's Demotion Bias Suit

    The Sixth Circuit backed the dismissal of a former worker's suit claiming she was denied a promotion and demoted by Ohio's Department of Youth Services for being straight, ruling that the lower court was right to find she needed more proof to establish a pattern of prejudice.

  • December 04, 2023

    Judge Grounds Airport's Bid To Keep PFAS Suit In Fed. Court

    The Gerald R. Ford International Airport in western Michigan must litigate state environmental regulators' forever chemical cleanup lawsuit in state court because the airport authority hasn't shown that it handled the hazardous materials under any specific direction by the federal government, a federal judge ruled Monday.

  • December 04, 2023

    Cruise Must Explain Report Lag After Vehicle Dragged Pedestrian

    Cruise LLC must answer for not immediately telling the California Public Utilities Commission after one of its driverless vehicles dragged a pedestrian 20 feet, an administrative law judge has ruled, ordering the company to explain at a February hearing why it shouldn't be punished for withholding information and publicly misrepresenting its cooperation with the commission.

  • December 04, 2023

    Taxpayers Group, Realtors Back Homeowners' High Court Bid

    Two right-leaning think tanks and a group representing Michigan real estate agents filed friend-of-the-court briefs at the Michigan Supreme Court last week backing former property owners in their quest to recover profits a county government reaped selling land seized over unpaid tax debt.

  • December 04, 2023

    Special Master Orders Travelers Atty To Sit For PFAS Depo

    A Travelers Indemnity Co. attorney must be compelled to sit for a deposition in a PFAS coverage suit launched against the insurer by footwear company Wolverine World Wide Inc., a special master in the lawsuit in Michigan federal court has ordered, despite Travelers' argument that, as in-house counsel, the attorney should be shielded.

  • December 04, 2023

    Detroit Tigers Purged Older Workers, Ex-Employee Says

    A former clubhouse manager for the Detroit Tigers baseball team urged a Michigan federal court not to toss his suit claiming he was fired because he was nearly 60 years old, arguing his termination was part of a team executive's elimination of older workers.

  • December 04, 2023

    New Mich. Judge 'Unflappable' In Face Of Crisis

    Susan K. DeClercq is hitting the books as she prepares to hear her first case next month. Former colleagues say the new addition to the Michigan federal bench is levelheaded and a proven leader.

  • December 01, 2023

    Judge Chides Tribe Seeking Blue Cross Default As 'Obstinate'

    A federal judge on Friday nixed a Native American tribe's latest bid for default judgment against Blue Cross Blue Shield of Michigan under the Employee Retirement Income Security Act and the state's Health Care False Claims Act, saying the tribe, like the insurer, has been "obstinate" during the suit's discovery phase.

  • December 01, 2023

    Justices Call O'Connor 'American Hero,' 'Perfect Trailblazer'

    Following news of retired U.S. Supreme Court Justice Sandra Day O'Connor's death at the age of 93, current and former high court justices paid public homage to her trailblazing career, devotion to the rule of law and illuminating charisma.

  • December 01, 2023

    Former Clerks Say Justice O'Connor Still Worth Emulating

    BigLaw attorneys mentored by former U.S. Supreme Court Justice Sandra Day O'Connor, who died Friday after a lengthy battle with dementia, say she'll be remembered as an incisive jurist who always put facts and practical considerations above abstract ideological commitments, as well as a deeply gracious and down-to-earth woman who never let her dedication to the law overshadow her zest for life.

  • December 01, 2023

    Mich. Justices Leave 'Ethical Quandaries' Be In Nurse Appeal

    A divided Michigan Supreme Court has rejected the appeal of a hospital nursing manager fired for breaching patient confidentiality in a conversation with her lawyer, with two justices saying their colleagues were ducking an important question for Michigan attorneys: whether a communication with one's lawyer can be a "whistleblower" report.

  • December 01, 2023

    Mich. Trump Opponents Turn To History To Boost DQ Bid

    Michigan residents opposing former president Donald Trump's eligibility to be reelected said a state court was wrong to find their constitutional challenge was a question for Congress, relying on centuries-old history to argue state courts have the authority to consider whether Trump should be disqualified.

  • December 01, 2023

    Mich. Latest To Have PBMs Get Licenses To Operate In State

    In 2024, pharmacy benefit managers in Michigan must begin applying for licenses and pay a $5,000 fee, according to new requirements the state's Department of Insurance and Financial Services unveiled this week.

  • December 01, 2023

    Mich. Commission OKs Enbridge's Line 5 Pipeline Tunnel

    Michigan's Public Service Commission approved a siting permit Friday for Enbridge Energy LP's controversial plan to replace two aging pipelines that cross the Straits of Mackinac between Lake Michigan and Lake Huron with a new pipeline in an underground tunnel — a decision tribes and conservation groups blasted as reckless.

  • December 01, 2023

    Mich. Couple Can't Shake Town's Illegal Animal Farm Suit

    The Michigan Court of Appeals sided with the charter township of Port Huron in its suit over a local married couple's allegedly illegal animal farm, ruling that the married couple couldn't cite the state's Right to Farm Act again to argue that it preempted the charter township's animal farm ordinance.

Expert Analysis

  • 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.

  • 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.

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