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Michigan
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April 02, 2024
Feds Want 2 Years For Culprit In Fake NASA Contracts Plot
Prosecutors urged a Virginia federal judge to sentence a Michigan man to 25 months in prison Tuesday after he admitted to defrauding investors through fake NASA contracts, seeking a sentence lighter than the guideline range because he spent eight grueling months in a Philippines detention center before he was in U.S. custody.
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April 02, 2024
Frat That Allows Women Barred From Using 'Sigma Phi' Name
A federal judge in Detroit says that a University of Michigan fraternity is breaking the law by continuing to use the Sigma Phi name after the national fraternity excommunicated the group for accepting women.
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April 02, 2024
Axle Maker Says It's Getting Shafted On Exclusive Parts Deal
A Colorado maker of electrically powered axle components says a Michigan heavy-vehicle company broke their exclusivity agreement and is trying to replace the manufacturer with a competitor, according to a complaint removed to Colorado federal court Monday.
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April 02, 2024
9th Circ. Urged Not To Create Dormant Commerce Split On Pot
A Michigan resident and a California lawyer vying for one of Washington state's social equity cannabis licenses are urging the Ninth Circuit not to create a circuit split and to find that regulators' licensing scheme unconstitutionally discriminates against out-of-state players.
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April 02, 2024
7th Circ. Won't Revive Parents' Claims in Abbott Formula Row
The Seventh Circuit upheld on Tuesday the dismissal of parents' claims they were economically harmed from buying infant formula that could have been contaminated with bacteria at an Abbott Laboratories plant, saying their alleged injuries aren't enough to prove standing.
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April 02, 2024
Mich. Warns PFAS Ruling Could Fuel More Agency Challenges
Michigan has warned the state's high court that an appellate decision invalidating PFAS drinking water limits could pave the way for future litigants to attack state regulations by pointing to imperfect cost estimates, urging the court to revive the PFAS rules.
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April 02, 2024
$40M Union Pension Dispute To Head Back To Arbitrator
A Michigan federal judge stood firm on his decision to send a roughly $40 million dispute between a demolition company and a union pension fund back to an arbitrator, rejecting the company's bid for him to reconsider his opinion.
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April 02, 2024
Aretha Franklin's Estate Says Atty Can't Get Unpaid Fees
A lawyer who claims Aretha Franklin owed him for his work getting her a recording deal declined to participate in oral arguments Tuesday in Michigan appellate court, where the singer's estate told the court he filed his claims years too late.
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April 01, 2024
6th Circ. Judge Warns Of 'Trap' In Medical Malpractice Laws
The Sixth Circuit has backed an Ohio federal judge's decision to toss a couple's claim against a doctor they say failed to provide proper prenatal care that could have prevented their child's brain damage, with one judge writing separately that the relevant laws can easily "trap unwary litigants" with their requirements.
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April 01, 2024
Ford Can Keep Pursuing Narrowed BCBS Antitrust Suit
A Michigan federal judge has trimmed some of Ford Motor Co.'s time-barred claims alleging Blue Cross Blue Shield engaged in an anti-competitive scheme to drive up prices, but said the auto giant established it had standing to pursue allegations it was injured by market-restricting agreements among insurance licensees.
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April 01, 2024
Mich. Can't Get Immunity In Courthouse ADA Class Action
Attorneys with disabilities and a disability rights advocate can proceed with a proposed class action aimed at forcing accessibility improvements at several Michigan courthouses and government buildings, a Michigan federal judge ruled Saturday, rejecting the state's argument that it was immune from the suit.
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April 01, 2024
One Set Of Amazon Buyers Can't Cancel Later Antitrust Case
Antitrust lawsuits against Amazon.com in New York and Washington federal court will remain separate after a New York federal judge refused Friday to let online shoppers in the earlier-filed Washington case intervene in — and junk — the other proposed class action filed two years later.
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April 01, 2024
Insurer Can't Avoid Indemnity Payments Over Grocery Fire
West Bend Mutual cannot avoid making extra indemnity payments to a Detroit grocery store over a fire or collect its insured's unpaid premium from another insurer, a Michigan federal court ruled after previously compelling both insurers to provide coverage because their policies were active when the fire occurred.
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April 01, 2024
Justices Won't Hear Atty's Bid To Conflict Out Entire Ill. Bench
The U.S. Supreme Court on Monday declined to take up the case of a lawyer suspended in Illinois who claimed the state's entire federal judiciary needed to recuse itself from his challenge to Illinois' attorney watchdog.
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March 29, 2024
Weed Investors' Money Shift Cost Co. Millions, Suit Says
A Michigan entrepreneur has hit his ex-partner with a $5 million lawsuit, accusing him of wrecking plans to buy a 10-acre marijuana grow facility near Ann Arbor by poaching the lead investors so he could fund his own Colorado cultivation.
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March 29, 2024
Fiat Chrysler Can't Get Out Of Workers' Overtime Suit
Fiat Chrysler must face a proposed collective action by workers accusing the automaker of failing to fully pay overtime wages, with a Michigan federal judge saying Friday that the company's argument improperly attacked the claims' merits rather than whether there was enough proof to keep them in court.
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March 29, 2024
Vidal Offers 'Peace Of Mind' For MDL Rivals Heading To PTAB
U.S. Patent and Trademark Office Director Kathi Vidal has set new boundaries on interpreting the Patent Trial and Appeal Board's discretionary denial precedent for follow-on petitions, making clear that defendants can work together in multidistrict litigation without giving up the right to file separate patent challenges.
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March 29, 2024
Varnum Grows Practice With Corporate Immigration Pro
A Michigan law firm has picked up an immigration attorney with more than 25 years of experience helping businesses meet their immediate and long-term immigration needs.
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March 29, 2024
GOP Targets Mich. Framework For Approving Mail-In Ballots
National and state Republican groups are contesting a Michigan directive for counting mail-in ballots, arguing that the guidance about verifying signatures runs afoul of state elections law.
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March 29, 2024
Flint Residents Can't Show Profit From Hasty Water Rate Hike
Residents challenging the city of Flint's rushed implementation of higher water and sewage rates couldn't show how the city unjustly profited from the change or whether the increased rate was unreasonable, a Michigan appellate panel said in upholding the dismissal of the residents' suit.
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March 29, 2024
8 States Seek $122M After Robocaller Allegedly Ignored Ban
Attorneys general from eight states urged a federal judge to modify an existing injunction barring a businessman from engaging in robocalling or telemarketing campaigns, asserting he has violated that order, should be held in contempt and must pay $122 million.
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March 28, 2024
Judge Powers Down Lenovo Computer Crashing Claims
A Michigan federal judge on Wednesday scrapped a proposed class action claiming Lenovo marketed a computer as reliable when it allegedly suffered from performance issues, saying the company never promised the computer wouldn't freeze or crash.
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March 28, 2024
Adidas Defeats Hockey Fan's Red Wings Jersey Suit
A Michigan federal judge on Wednesday tossed a hockey fan's lawsuit alleging Adidas misled customers into thinking its retail Red Wings jerseys were identical to the in-game uniforms, saying the customer couldn't point to any such promise from the sportswear company.
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March 28, 2024
Former Prison Contractor Must Pay $112K, 6th Circ. Says
The Sixth Circuit on Thursday affirmed a National Labor Relations Board decision ordering a former Federal Bureau of Prisons contractor and a Michigan halfway house to pay around $112,000 to two fired workers, supporting the agency's conclusion that the entities are liable for back pay.
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March 28, 2024
Auto Parts Mogul Must Face Lender's $127M Trust Fraud Suit
An auto parts mogul must face allegations that he tampered with assets in a trust that owes hundreds of millions of dollars to a lending agent, a Michigan federal judge said this week after ruling the lender has plausibly alleged the mogul made fraudulent transfers to hinder the debt repayment.
Expert Analysis
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
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Kentucky Tax Talk: Taking Up The Dormant Commerce Clause
Attorneys at Frost Brown examine whether the U.S. Supreme Court is likely to review Foresight Coal Sales v. Kent Chandler to consider whether a Kentucky utility rate law discriminates against interstate commerce, and how the decision may affect dormant commerce clause jurisprudence.
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How New Lawyers Can Leverage Feedback For Growth
Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.
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Twitter Legal Fees Suit Offers Crash Course In Billing Ethics
X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.
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Key Strike Considerations For Automotive Industry Suppliers
As the UAW's labor contracts with Detroit's Big Three automakers expire, and the possibility of a strike looms, automotive industry suppliers face a number of possible legal and operational issues — and should have strategic action plans in place to deal with contracts, liquidity, the post-strike environment and more, say experts at Alvarez & Marsal.
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ABA's Money-Laundering Resolution Is A Balancing Act
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
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Law Firm Professional Development Steps To Thrive In AI Era
As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.
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The Basics Of Being A Knowledge Management Attorney
Excerpt from Practical Guidance
Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.
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To Hire And Keep Top Talent, Think Beyond Compensation
Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.
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What Circuit Split May Mean For FCA Kickback Liability
The recent circuit split on the meaning of the resulting-from provision in False Claims Act kickback cases could have significant ramifications for FCA liability, as it could affect the standard of causation that plaintiffs must meet to establish liability, say former federal prosecutors Li Yu, Ellen London and Gregg Shapiro.
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Opinion
Congress Should Ban Employee Body Size Discrimination
New York City's recent enactment of a law that bans employers from discriminating against applicants and employees because of their height or weight should signal to Congress that now is the time to establish federal legislation that would prohibit such harmful practices, says Joseph Jeziorkowski at Valiant Law.
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Perspectives
More States Should Join Effort To Close Legal Services Gap
Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.
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Identifying Trends And Tips In Litigation Financing Disclosure
Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.
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Series
The Pop Culture Docket: Judge Elrod On 'Jury Duty'
Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.
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4 Business-Building Strategies For Introvert Attorneys
Excerpt from Practical Guidance
Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.