Michigan

  • February 08, 2023

    Ga. Judge Says Guarantors Owe $8.7M In Contract Case

    A Georgia federal judge has awarded a hotel developer $8.7 million on its claim that guarantors breached their agreement by failing to repay a $6.2 million loan that had been granted to finance a construction project at a historic hotel in Michigan.

  • February 08, 2023

    Mich. Manufacturer Hit With $4M Fine Over Exec Bonuses

    Gentex Corp. has agreed to pay $4 million to resolve U.S. Securities and Exchange Commission charges it played fast and loose with an executive bonus program to boost earnings — the latest settlement based on SEC data analytics that flag suspicious corporate earnings management practices.

  • February 08, 2023

    Sale May Tie Fiat Chrysler To Mass. Defect Suit, Court Hints

    Massachusetts' top court appeared open Wednesday to reviving a New Hampshire resident's Bay State lawsuit against Fiat Chrysler for alleged defects in his 2004 Sebring convertible, even though he both bought and crashed the car in the Granite State.

  • February 08, 2023

    Couple Asks 6th Circ. To Clarify Tax On Crypto Staking

    A couple who obtained cryptocurrency tokens through a process known as staking asked the Sixth Circuit to determine whether the IRS must wait until such currency is sold before taxing it, saying a lower court wrongly refused to decide the matter.

  • February 07, 2023

    Green Groups Sue EPA Over Ship Discharge Regulations

    Two nonprofit groups have sued the U.S. Environmental Protection Agency in California federal court on claims that it has failed to fight pollution from oceangoing vessels by establishing discharge regulations that would protect American waterways, saying the EPA is two years late in setting those standards.

  • February 07, 2023

    Judge Pushes NLRB To Justify Starbucks Injunction Bid

    A Michigan federal judge on Tuesday pressed the National Labor Relations Board to cite any cases where a court ordered a company to stop unfair labor practices nationwide, as the agency asked to prevent Starbucks from firing staffers across the country for supporting union efforts.

  • February 07, 2023

    6th Circ. Says Worker's OT Defense Doesn't Invoke Arbitration

    An Ohio district court correctly denied a logistics company's bid to have an arbitrator look into a former employee's accusation that it misclassified him as overtime-exempt, the Sixth Circuit ruled, saying the worker raised that argument as a defense, not an arbitrable claim.

  • February 07, 2023

    Ford Calls For Dismissal Of Union Pension Service Credit Suit

    Ford Motor Co. and its employee union pension plan challenged a worker's proposed class action alleging that the company didn't give service credits for employees on leave, telling a Michigan federal judge that there aren't enough facts to find a violation of the Employee Retirement Income Security Act.

  • February 06, 2023

    Experts Hired By Mich. Tribe Wary Of Line 5 Explosion Risk

    An environmental group opposing a tunnel carrying Enbridge's Line 5 pipeline under the Straits of Mackinac pointed on Monday to testimony from two tribal engineers concerned that the project could jeopardize the Great Lakes, even as Michigan officials said they still see the proposal as an improvement.

  • February 06, 2023

    6th Circ. OK's Board's 'Lack Of Good Moral Character' Ruling

    In an opinion published Monday, the Sixth Circuit held that a Salvadoran man could not escape deportation, upholding an immigration board's decision that he lacked "good moral character" because of his two DUI convictions, despite taking care of his sick wife.

  • February 06, 2023

    Indian Auto Co. Says It Steered Clear Of Jeep Trade Dress

    Urging a Michigan federal judge not to ban the U.S. sale of its updated off-road vehicle, an Indian automotive company said that it had made good-faith efforts to make the new model clearly distinct from Fiat Chrysler's classic Jeep Wrangler.

  • February 06, 2023

    Cleaning Co. Must Face Salesman-Turned-Atty's Firing Suit

    A former industrial cleaning equipment salesman who got a law degree and eventually did double duty as a Michigan county prosecutor can proceed with claims the equipment maker fired him for not following orders to bid-rig a contract, a Michigan federal judge ruled Monday.

  • February 03, 2023

    Ex-Fiat Plant Worker's Retaliation Suit Dashed Again

    Fiat Chrysler and a staffing agency cemented their win Thursday against a worker's allegations that he was fired for internally reporting possible asbestos exposure at a Fiat plant, after a Michigan appeals panel found the worker's tort claims should have been brought by regulators.

  • February 03, 2023

    6th Circ. Can't Step Into Van Gogh Seizure Row, Museums Say

    A group of museums urged the Sixth Circuit to dismiss an appeal by Brokerarte Capital, which purports to own a borrowed Van Gogh painting featured at a Detroit exhibit, contending the panel lacks jurisdiction to hear the case because the painting is immune from seizure via the judicial process. 

  • February 03, 2023

    6th Circ. Says Ky. Utility Law Unfairly Discriminates

    The Sixth Circuit said Friday that a Kentucky law requiring state utility regulators to discount the state's severance tax on coal when evaluating the reasonableness of energy rates unconstitutionally discriminates against out-of-state coal producers.

  • February 03, 2023

    Mich. Man Says LA Pot License Lottery Suit Should Stay Alive

    A Michigan man suing the city of Los Angeles to block the lottery process it uses to issue cannabis licenses is urging a federal judge not to throw out his claims, saying the city statute runs afoul of the Constitution's dormant commerce clause because it unfairly tips the scales in favor of city and state residents. 

  • February 03, 2023

    Tort Report: Live Nation Can't Exit $60M Suit In Rapper's Death

    A ruling that Live Nation must face a suit over a rapper's backstage stabbing death at a 2021 concert in California and the Sixth Circuit's remand of a coronavirus death suit lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • February 03, 2023

    Fiber Co. Doesn't Need Railway's OK To Drill Under Tracks

    A Michigan appellate panel found no reason Thursday to force a fiber internet company to get a railroad's permission before laying cable underneath its tracks, despite acknowledging the case highlighted a "potentially problematic" gap in the law.

  • February 03, 2023

    Insurers Fight To Keep Factory Explosion Coverage Suit Alive

    Insurers for a glass manufacturer urged a Michigan federal court to deny a contractor's bid to toss their sole remaining claim in a coverage dispute over a June 2017 factory explosion, saying there are unresolved factual issues concerning whether the contractor was grossly negligent.

  • February 02, 2023

    Chrysler Buyers In Fire-Risk MDL Look To Add New Claims

    Drivers who are suing Fiat Chrysler over claims that its hybrid Pacifica minivans explode without warning due to an unknown problem in its propulsion system now claim the same cars spontaneously shut down while moving, and they are asking a Michigan federal court to expand claims in the ongoing multidistrict litigation.

  • February 02, 2023

    Judge Tosses IRS Notice Requiring Easement Disclosure

    An Alabama federal judge on Thursday set aside a 2016 Internal Revenue Service notice requiring the disclosure of certain conservation easement transactions, handing a win to a land donation advisory firm that sought relief from the notice.

  • February 02, 2023

    TransUnion Faces Challenge To Overturned $18.3M Verdict

    An Ohio startup has appealed a federal judge's decision to zero out an $18.3 million jury verdict it obtained against TransUnion for allegedly holding its source code hostage after ending a business agreement.

  • February 02, 2023

    Senate Panel Approves 15 Judge Picks In 1st Votes Of Year

    The Senate Judiciary Committee approved 15 judicial nominees Thursday, teeing up the first tranche of federal court picks available for confirmation votes this year by the newly expanded Democratic majority.

  • February 01, 2023

    Toshiba Can't Kill $500M Hydro Plant Job Contract Breach Suit

    A Michigan federal judge ruled on Wednesday that Toshiba Corp. will not be able to avoid a lawsuit accusing its American unit of performing shoddy work and botching a $500 million contract to overhaul a hydroelectric plant, finding the plant owners plausibly alleged breach of contract and breach of parent guaranty claims.

  • February 01, 2023

    Mich. Judge Sanctions Blue Cross For Withholding Docs, Data

    A Michigan federal judge on Wednesday ordered sanctions against Blue Cross Blue Shield of Michigan for withholding data for certain employees that would show whether the insurance company properly billed for services, saying Blue Cross "cannot skirt this obligation simply because it believes the Court 'was wrong.'"

Expert Analysis

  • The Discipline George Santos Would Face If He Were A Lawyer

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    Rep. George Santos, who has become a national punchline for his alleged lies, hasn't faced many consequences yet, but if he were a lawyer, even his nonwork behavior would be regulated by the American Bar Association's Model Rules of Professional Conduct, and violations in the past have led to sanctions and even disbarment, says Mark Hinderks at Stinson.

  • A Litigation Move That Could Conserve Discovery Resources

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    Bennett Rawicki at Hilgers Graben proposes the preliminary legal opinion procedure — seeking a court's opinion on a disputed legal standard at the outset, rather than the close, of discovery — as a useful resource-preservation tool for legally complex, discovery-intensive litigation.

  • Litigators Should Approach AI Tools With Caution

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    Artificial intelligence tools like ChatGPT hold potential to streamline various aspects of the litigation process, resulting in improved efficiency and outcomes, but should be carefully double-checked for confidentiality, plagiarism and accuracy concerns, say Zachary Foster and Melanie Kalmanson at Quarles & Brady.

  • Van Gogh Dispute Brings Immunity From Seizure Into Focus

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    A recent lawsuit that sought to seize an allegedly stolen painting by Vincent van Gogh — currently housed at the Detroit Institute of Arts — underscores why museums, collectors and anyone involved in art loans must review U.S. immunity-from-seizure laws, says Nicholas O'Donnell at Sullivan & Worcester.

  • 5 Keys To A Productive Mediation

    Excerpt from Practical Guidance
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    Cortney Young at ADR Partners discusses factors that can help to foster success in mediation, including scheduling, preparation, managing client expectations and more.

  • And Now A Word From The Panel: 2022 MDLs By The Numbers

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    A highlight of the Judicial Panel on Multidistrict Litigation's practice during 2022 was the significant percentage increase of new MDL petitions granted — and given how many actions and plaintiffs may be involved in a single MDL, the true impact of this increase may be even greater than it appears, says Alan Rothman at Sidley.

  • Evaluating The Legal Ethics Of A ChatGPT-Authored Motion

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    Aimee Furness and Sam Mallick at Haynes Boone asked ChatGPT to draft a motion to dismiss, and then scrutinized the resulting work product in light of attorneys' ethical and professional responsibility obligations.

  • 7 Tips To Increase Your Law Firm's DEI Efforts In 2023

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    Law firms looking to advance their diversity, equity and inclusion efforts should consider implementing new practices and initiatives this year, including some that require nominal additional effort or expense, say Janet Falk at Falk Communications and Gina Rubel at Furia Rubel.

  • Series

    Keys To A 9-0 High Court Win: Get Back To Home Base

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    When I argued for the petitioner in Morgan v. Sundance before the U.S. Supreme Court last year, I made the idea of consistency the cornerstone of my case and built a road map for my argument to ensure I could always return to that home-base theme, says Karla Gilbride at Public Justice.

  • Atty-Client Privilege Arguments Give Justices A Moving Target

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    Recent oral arguments before the U.S. Supreme Court in a case regarding the scope of the attorney-client privilege appeared to raise more questions about multipurpose counsel communications than they answered, as the parties presented shifting iterations of a predictable, easily applied test for evaluating the communications' purpose, say Trey Bourn and Thomas DiStanislao at Butler Snow.

  • 5 Gen X Characteristics That Can Boost Legal Leadership

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    As Generation X attorneys rise to fill top roles in law firms and corporations left by retiring baby boomers, they should embrace generational characteristics that will allow them to become better legal leaders, says Meredith Kahan at Whiteford Taylor.

  • 6 Questions For Boutique Firms Considering Mergers

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    To prepare for discussions with potential merger partners, boutique law firms should first consider the challenges they hope to address with a merger and the qualities they prioritize in possible partner firms, say Howard Cohl and Ron Nye at Major Lindsey.

  • What We Learned From 2022's Top FCRA Developments

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    Significant Fair Credit Reporting Act activity in 2022 — from Article III standing decisions to regulatory guidance for consumer reporting agencies and furnishers — will provide crucial direction to industry, courts and litigants in 2023, say attorneys at Troutman Pepper.

  • The IRS' APA Rulemaking Journey: There And Back Again

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    Attorneys at Dentons examine recent challenges in which taxpayers successfully argued Internal Revenue Service rulemaking was invalid under the Administrative Procedure Act, how tax exceptionalism and U.S. Supreme Court regulatory deference prompted such challenges, and similar challenges the agency will likely face following this line of cases.

  • How The PFAS Litigation Landscape Is Expanding

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    Litigation over the environmental and health effects of per- and polyfluoroalkyl substances goes back nearly a decade, but companies should be mindful of the growing range of plaintiffs, defendants and claims as more research about PFAS emerges, say attorneys at Baker McKenzie.

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