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Michigan
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May 08, 2025
Class Attys Awarded $15M In $50M GM Faulty Fuel Pump Deal
A Michigan federal judge has given the final stamp of approval to a $50 million settlement resolving a class action that accused General Motors of selling diesel-powered trucks with defective fuel pumps, and awarded the consumers' lawyers $15 million in fees.
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May 08, 2025
6th Circ. Says BlueCross Can't Nix NH Fertility Benefit Probe
The Sixth Circuit said Thursday that it was fair game for New Hampshire to challenge BlueCross BlueShield of Tennessee's decision to deny a worker's claims for fertility treatment on the basis that it violated state law, ruling the insurance company can't shield itself from enforcement under federal benefits law.
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May 08, 2025
Fed. Circ. Questions 'Kist' And 'Sunkist' Mark Differences
The Federal Circuit on Thursday grappled with whether a trademark tribunal relied on enough evidence to conclude that "Kist" and "Sunkist" were dissimilar marks in the soft drink market, questioning if Kist's use of red lips on packaging sent to distributors was enough to distinguish its brand from its competitor.
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May 08, 2025
6th Circ. Seems Open To Reviving Ex-Ford Worker's Bias Suit
The Sixth Circuit appeared skeptical Thursday of Ford Motor Co.'s arguments that a fired Muslim and Middle Eastern employee had not laid out sufficient facts to keep his bias and retaliation lawsuit alive, indicating plaintiffs needn't meet a high bar in the early stages of a case.
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May 08, 2025
Delta Passenger Sues Over Hot Water Spill Incident
A Delta Air Lines Inc. passenger burned by hot water midflight says flight attendants brushed off her pain instead of seeking medical assistance, and that the beverage served was "excessively hot," according to a lawsuit filed in Michigan federal court on Thursday.
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May 08, 2025
6th Circ. Eyes Reviving Kellogg, FedEx Mortality Table Suits
The Sixth Circuit on Thursday appeared open to reviving suits against Kellogg and FedEx from married pensioners who alleged their employers' outdated actuarial assumptions shortchanged their joint-and-survivor benefits, with multiple judges seeming to doubt a lower court's assertion that employers had unfettered latitude when choosing what data to use.
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May 08, 2025
Gotion EV Battery Plant Opponents Meet Skeptical 6th Circ.
A Sixth Circuit panel appeared unswayed Thursday by the argument that a district court can't order a town to support an electric vehicle battery components factory, though the judges also probed whether the company really faces irreparable harm if its plans don't come to fruition.
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May 07, 2025
Glove Box Warranty Supports Arbitration In EV Suit, FCA Says
An attorney for FCA US LLC told a Michigan federal judge Wednesday that agreements in so-called glove box warranties are enough to send a class action alleging the automaker knowingly sold certain electric vehicles with defective batteries to arbitration, while a lawyer for the consumers said such a request is "unprecedented."
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May 07, 2025
Mich. Justices Mull 'Straddle Policies' In No-Fault Cases
The Michigan Supreme Court on Wednesday considered whether insurance policies that straddle the date no-fault reforms went into effect should be subjected to post-reform increased limits for liability and scheduled medical care reimbursement rates.
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May 07, 2025
Couple Stands By RICO Claims On Mich. Marijuana Regulator
A Michigan couple urged a federal judge to preserve their racketeering and nuisance claims against a cannabis company and state regulator, arguing that all activities connected to a neighboring cannabis facility remain illegal under federal law.
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May 07, 2025
6th Circ. Seems Hesitant To Revive UMich Law Prof's Bias Suit
The Sixth Circuit appeared skeptical Wednesday about reopening a Black University of Michigan Law School professor's suit alleging she was unlawfully disciplined after she complained about race discrimination, with the panel questioning if she adequately refuted the school's nondiscriminatory reasons for its action.
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May 07, 2025
Mich. Justices May Avoid Double Jeopardy In Contempt Case
The Michigan Supreme Court puzzled Wednesday over whether an attorney must undergo a second contempt trial for what a judge described as rude comments, with the chief justice suggesting the court could rule on other grounds and avoid deciding if double jeopardy applies.
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May 07, 2025
6th Circ. Skeptical Of US In Tax Court Deadline Case
Sixth Circuit judges expressed skepticism of the U.S. government's claim that the 90-day deadline to petition the U.S. Tax Court is inflexible, with one judge saying during oral arguments Wednesday in a woman's case challenging the rule that the U.S. Supreme Court seemed to back her.
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May 06, 2025
Mars Dog Food Has Dangerous Vitamin D Levels, Suit Says
Mars Petcare's Pedigree brand of kibble is falsely marketed as a "100% Complete & Balanced" diet for pets despite containing dangerous levels of vitamin D that leads to vomiting and diarrhea in dogs, according to a recently filed proposed class action in Tennessee federal court.
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May 06, 2025
Benton Harbor Must Face Lead Contamination Mass Tort
A Michigan city's officials must face claims that they failed to protect children from drinking lead-contaminated tap water, a split Sixth Circuit said Tuesday, finding the city's conduct plausibly violated the children's constitutional rights.
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May 06, 2025
6th Circ. Upholds Michigan's Dead Voter Removal Process
Michigan takes "more than reasonable" measures to remove deceased voters from its voter rolls, the Sixth Circuit said in a published opinion Tuesday, affirming a district court decision that the state's system meets the level of effort required by the National Voter Registration Act.
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May 06, 2025
Mich. Judge Urges Contract Suit Settlement After $32M Verdict
A Michigan federal judge on Tuesday granted a pot farm's bid for prejudgment interest on a $31.8 million verdict in its contract dispute against two Curaleaf units, but declined to sanction the units and said it was advisable for both sides to reach a settlement in post-judgment proceedings.
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May 06, 2025
Mich. Judge To Extend Order Restoring Student Visa Records
A Michigan federal judge said Tuesday she would extend an April order restoring foreign students' terminated visa records after the students said they feared the administration could reverse course without a court order protecting their legal status.
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May 06, 2025
6th Circ. Backs End To Auto Co. 401(k) Fee Suit
The Sixth Circuit affirmed on Tuesday the dismissal of a proposed class action from Denso International America Inc. workers who alleged mismanagement of their 401(k) plan, backing a Michigan federal court's decision to toss excessive recordkeeping fee claims against the auto parts manufacturer for a lack of specifics.
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May 06, 2025
6th Circ. Backs Convictions In FirstEnergy Scandal
The Sixth Circuit on Tuesday backed the convictions of former Ohio House Speaker Larry Householder and Republican lobbyist Matthew Borges for their roles in a FirstEnergy Corp. bribery scandal, saying in a published opinion that the jury instructions were clear enough to draw a distinction between legal campaign contributions and bribes.
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May 05, 2025
Burger King Can't Chop Claims It Cooked Up Misleading Ads
Burger King can't toss a proposed class action alleging its advertisements misrepresent the size and amount of toppings in its iconic Whopper hamburger, a Florida federal judge ruled Monday, saying the consumers have plausibly alleged the advertisement photos "go beyond mere exaggeration or puffery."
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May 05, 2025
20 AGs Sue To Stop 'Illegal Dismantling' Of HHS
Twenty attorneys general sued the Trump administration Monday in Rhode Island federal court alleging that massive cuts to the U.S. Department of Health and Human Services violate the Constitution and usurp congressional authority.
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May 05, 2025
Judge Poised To Decide If Mich. Will Face Dam Collapse Trial
A state judge will decide next week whether thousands of flood victims can proceed to trial on their claims that the state of Michigan is to blame for a hydroelectric dam collapse that caused widespread flooding.
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May 05, 2025
Vet Says He Was Fired For Reporting Euthanasia Concerns
A Michigan veterinarian is claiming his contract for providing services for the Saginaw County animal shelter wasn't renewed because he reported allegations that untrained workers were performing euthanasia, adding that he was ultimately replaced by a younger veterinarian.
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May 05, 2025
Feds Say Splitting Clean Air Trial Would Harm Public
Splitting a potential trial over a Detroit-area steel input manufacturer's alleged Clean Air Act violations into two phases would only cause unnecessary delays, the U.S. government has told a Michigan federal judge.
Expert Analysis
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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When Physical And Cyber Threats Converge: 6 Tips For Cos.
Amid an ongoing trend of increased digital threats of harm made against corporations, organizations and high-profile individuals, an emerging legal framework is providing a risk management road map for general counsel and their teams to navigate the increasingly fraught landscape, say attorneys at Covington.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Class Actions At The Circuit Courts: April Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four federal appellate court decisions and identifies practice tips from cases involving pretrial detainee bail funds, employment law, product defect allegations and claims of not providing proper pain medication at a jail.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Notable Q1 Updates In Insurance Class Actions
The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.
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Perspectives
The Benefits Of Aligning States On Legal Paraprofessionals
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.