Michigan

  • 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.

  • March 13, 2024

    Mich. Justice Torn Over 'Unfairness' Of Law In Treadmill Suit

    A Michigan Supreme Court justice on Wednesday seemed sympathetic to the plight of a woman who was injured when she fell off a treadmill because federal court proceedings affected her ability to timely bring state claims but said he didn't think the state's top court could tackle the likely legislative issue.

  • March 13, 2024

    Versata Wants Axed $105M Ford Verdict Revived Or Expanded

    Versata Software has urged the Federal Circuit to undo a Michigan federal judge's decision erasing a nearly $105 million trade secrets and breach of contract verdict it won against Ford, and argued that it was wrongly barred from presenting damages theories seeking up to $1.3 billion.

  • March 13, 2024

    Atty Who Skipped Vote-Tampering Hearing Can't Ditch Warrant

    A Michigan judge on Wednesday urged counsel for a lawyer evading a bench warrant to direct his client to turn herself in, rejecting claims previous counsel didn't adequately inform her of a hearing she skipped in a case where she's alleged to have tampered with voting machines after the 2020 election.

  • March 13, 2024

    Mich. Justices Open To Counties' Foreclosure Liability Fears

    Two members of the Michigan Supreme Court seemed sympathetic to Michigan counties urging the court to limit their liability for holding onto surplus tax foreclosure proceeds, highlighting during oral arguments that counties were following state law in a practice that was later deemed unconstitutional.

Expert Analysis

  • Risks Of Nonmutual Offensive Collateral Estoppel In MDLs

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    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.

  • FARA Enforcement May Soon Be In The Halls Of Higher Ed

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    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.

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

  • Business Litigators Have A Source Of Untapped Fulfillment

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    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • Series

    Skiing Makes Me A Better Lawyer

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    A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

  • Opinion

    Suits Against Insulin Pricing Are Driven By Rebate Addiction

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    A growing wave of lawsuits filed by states, cities and counties against insulin manufacturers and pharmacy benefit managers improperly allocate the blame for rising insulin costs, when in actuality the plaintiffs are partially responsible, says Dan Leonard at Granite Capitol Consulting.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • 5 Lessons For SaaS Companies After Blackbaud Data Breach

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    Looking at the enforcement actions that software-as-a-service provider Blackbaud resolved with state attorneys general, the U.S. Securities and Exchange Commission and the Federal Trade Commission in the past year can help SaaS companies manage these increasingly common forms of data breaches, say attorneys at Orrick.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • 6th Circ. Ruling Breathes New Life Into Article III Traceability

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    The Sixth Circuit's recent decision in Hardwick v. 3M Co. to vacate a district court's certification of one of the largest class actions in American jurisprudence for lack of Article III standing has potentially broader implications for class action practice in the product liability sphere, particularly in medical monitoring cases involving far-fetched theories of causation, say attorneys at Skadden.

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