Michigan

  • November 20, 2024

    GM Can't Get Full 6th Circ. Redo Of Duramax Emissions Case

    The full Sixth Circuit on Wednesday left untouched a divided panel's recent decision partly reviving drivers' claims alleging General Motors deceptively marketed Chevrolet Silverado and Sierra vehicles as being more environmentally friendly than they actually were, but two dissenting judges said the case warranted en banc review.

  • November 20, 2024

    Hospital's Med Mal Win Axed By Mich. Appeals Panel

    A divided Michigan Court of Appeals panel has revived a medical malpractice lawsuit against a Michigan hospital, finding that the patient established a genuine fact dispute regarding her reasonable belief that the gynecologist treating her was acting as the hospital's agent. 

  • November 20, 2024

    Ohio Mortgage Co. Gets Rival To Change Name In TM Fight

    A Michigan mortgage company has agreed to change its name to end a trademark infringement lawsuit brought by a rival business in Ohio that claimed it was fielding complaints from confused customers over allegedly questionable telemarketing practices.

  • November 20, 2024

    FERC Says There's No Need To Ref Mich. Grid Upgrade Fight

    The Federal Energy Regulatory Commission defended its decision that Michigan Electric Transmission Co. failed to establish that shared ownership of new grid updates needed to serve a Michigan solar farm was necessarily precluded, telling the D.C. Circuit the electric utility hasn't shown how it's harmed.

  • November 20, 2024

    6th Circ. Revives 401(k) Fund Suit Against Parker-Hannifin

    A split panel of the Sixth Circuit on Wednesday revived a proposed class action against Parker-Hannifin Corp. from workers who alleged mismanagement of their employee retirement plan, finding a lower court erred in dismissing claims that high-fee and poorly performing investment offerings in the plan violated federal benefits law.

  • November 20, 2024

    Michigan Hospital Can't Escape Amputee's Malpractice Claims

    A Michigan appeals court refused to throw out an expert opinion proffered by a patient who alleges that doctors and staffers at a Michigan hospital are responsible for the loss of his right hand, but said the trial court must fully evaluate whether the expert is qualified under state Supreme Court precedent.

  • November 20, 2024

    Mich. School Gains Per-Wound Coverage For Shooting Suits

    A Michigan school district has access to at least $55 million in coverage from its insurer for a mass shooting that killed four students and injured seven people at a high school in 2021, a state court found, determining each bullet striking a victim was its own occurrence.

  • November 20, 2024

    German Tesla Supplier Says Mich. Is Wrong Venue For Parts Suit

    A German auto parts supplier referenced Elon Musk's diverse business ventures in an attempt to convince a Michigan federal judge Wednesday that it doesn't belong in a lawsuit over one of its North American affiliates' alleged breach of a supply contract for Tesla vehicles, arguing the foreign entity has no ties to the Wolverine State.

  • November 20, 2024

    Flint School Atty Can't Get Immunity In Defamation Case

    Outside counsel for Flint Community Schools who accused her predecessor of overcharging the public school district is not entitled to a form of immunity that shields government officials from liability for statements made during official proceedings, a state appellate court panel ruled on Tuesday.

  • November 19, 2024

    ​​​​​​​Loper Bright Can't Save DTE Safety Appeal, Mich. Court Says

    A Michigan appellate court was not persuaded by an energy company's invocation of the demise of the Chevron agency-deference doctrine, affirming on Monday a safety citation issued to the company after an employee's death and ruling that the state never followed Chevron deference anyway.

  • November 19, 2024

    NHTSA Letter Unmoots Fire Risk Claims, Ford Drivers Say

    Drivers seeking another shot at their tossed case claiming they overpaid for Ford vehicles that spontaneously catch fire say new evidence shows the recall that mooted their claims didn't fix the alleged fuel injector defect, telling a Michigan federal judge Tuesday regulators' concern over the recall's adequacy supports renewing their allegations.

  • November 19, 2024

    Fish & Wildlife Settles Claims It Polluted Property

    The U.S. Fish and Wildlife Service has settled a lawsuit alleging its disposal of large quantities of a chemical pesticide contaminated a property near Lake Michigan, the federal government has said, months after the Civilian Board of Contract Appeals ruled the government was liable for the property's diminished value.

  • November 19, 2024

    No Coverage Owed For 1977 Auto Crash, Mich. Panel Rules

    A man who was injured in a 1977 automobile accident cannot get no-fault injury benefits from an auto insurer decades later, a Michigan appeals court ruled, finding there's no evidence the insurer either issued benefits payments for the man or that a claim was ever filed for him.

  • November 19, 2024

    Detroit Casino Must Face Narrowed COVID Vax Bias Suit

    A Michigan federal judge refused to toss a religious bias suit from a worker who said the MGM Grand Detroit fired him for refusing to get a COVID-19 vaccination, ruling a jury should decide whether the casino could have accommodated his beliefs by letting him skip the jab.

  • November 18, 2024

    BCBS Wants New Trial After Worker's $12M Vax Suit Win

    Blue Cross Blue Shield of Michigan has urged a federal judge to expunge a $12.69 million jury award won by a former employee who claimed she was unlawfully fired because her religious beliefs forbade her from getting a COVID-19 vaccination, saying her evidence of discrimination wasn't up to snuff.

  • November 18, 2024

    Mich. Justices Spurn Restaurant Group's COVID Appeal

    The Michigan Supreme Court has turned down an appeal from a bar and restaurant association seeking to recoup its members' lost profits from the state's enforcement of COVID-19 public health measures, after tossing individual restaurants' claims earlier this year. 

  • November 18, 2024

    FCA Says Court Shouldn't Reverse Utah Class Cert. Denial

    FCA US LLC is pushing back against a Utah driver's bid for reconsideration of a Michigan federal judge's denial of class certification in litigation alleging that the automaker sold vehicles with a defective electronic gearshift, saying he can't make new arguments on reconsideration that he didn't make in prior briefs.

  • November 18, 2024

    Mich. Atty Avoids Default For Now In Election Audit Pay Suit

    A Michigan federal judge said Friday he would not enter a default judgment against an attorney and Donald Trump ally on claims she stiffed a voting machine inspection company, even though her inaction led to a default finding, ruling that the liability of her alleged financial backer still needs to be determined.

  • November 18, 2024

    Snyder Aide Expands Suit Over Flint Water Crisis Prosecution

    An adviser to former Michigan Gov. Rick Snyder has been permitted to add new allegations to his lawsuit against the state's attorney general and special prosecutors over their handling of charges brought against him surrounding the Flint water crisis, while the judge delayed ruling on prosecutors' immunity.

  • November 15, 2024

    Real Estate Recap: Industry Leaders Weigh In

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including President-elect Donald Trump's industry pick for Middle East special envoy, a playbook on commercial real estate distress from BigLaw leaders and one KKR exec's optimism for the end of a two-year real estate slump.

  • November 15, 2024

    Atty-Brother Feud Belongs In State Court, Mich. Judge Finds

    A Michigan federal judge won't weigh in on a spat between an attorney and his former cannabis business partner brother, who is accused of shorting him $18 million as part of a buyout agreement, saying the dispute should stay in state court.

  • November 15, 2024

    Insurer Drops Daycare Abuse Suit Following Settlement

    A Michigan federal court formally dismissed an insurer's declaratory action seeking to avoid covering a daycare and a former employee in an underlying lawsuit accusing the employee of physically and emotionally abusing three children, finding the matter is now moot since the underlying parties reached a settlement.

  • November 15, 2024

    Detroit Riverfront Org.'s Ex-CFO Admits He Embezzled Funds

    The former finance chief of a nonprofit that has helped redevelop Detroit's riverfront pled guilty Friday to stealing tens of millions of dollars from the organization and agreed to pay more than $44 million in restitution as part of his plea agreement.

  • November 15, 2024

    Detroit 'Rain Tax' Stormwater Fees Upheld By Appellate Court

    Fees that Detroit charges property owners to maintain its stormwater drainage system are not illegal taxes, a Michigan Court of Appeals panel held, finding that although the charges are effectively compulsory, they are not subject to constitutional restrictions on tax increases.

  • November 15, 2024

    Tenneco Asks Justices To Review 6th Circ. Arbitration Denial

    Automotive parts company Tenneco asked the U.S. Supreme Court on Friday to review a Sixth Circuit decision from August that refused to force individual arbitration of a proposed class action from workers alleging retirement plan mismanagement, arguing lower courts had disagreed on how to apply federal arbitration law.

Expert Analysis

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • 6th Circ. Ruling Prevents Disability Insurer Overreach

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    The Sixth Circuit’s recent ruling in McEachin v. Reliance Standard Life Insurance offers disability insurance claimants guidance on how they might challenge misapplications of policy limitations for mental illness when a medical condition accounts for their disability, says Mark DeBofsky at DeBofsky Law.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

  • So You Want To Move Your Law Practice To Canada, Eh?

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    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

  • Notable Q3 Updates In Insurance Class Actions

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    Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.

  • Promoting Diversity In The Selection Of ADR Neutrals

    Excerpt from Practical Guidance
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    Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.

  • Series

    Playing Ultimate Makes Us Better Lawyers

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    In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron. 

  • Dissecting New Circuit Split Over SEC's Proxy Adviser Rule

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    The Sixth Circuit recently upheld the U.S. Securities and Exchange Commission's partial rescission of enhanced conflict-of-interest disclosure requirements for proxy voting advice businesses, creating a circuit split over broader questions concerning the standard for assessing the legality of agency actions in general, say attorneys at Cahill Gordon.

  • Considering Chevron's End Through A State Tax Lens

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    States took the lead in encouraging Chevron's demise, turning away from Chevron-type deference in state tax administration ahead of the U.S. Supreme Court’s Loper Bright decision, a trend likely to accelerate as courts take a more active role in interpreting tax laws, say attorneys at Eversheds Sutherland.

  • E-Discovery Quarterly: Recent Rulings On Metadata

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    Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.

  • Comparing Antitrust Outlooks Amid Google Remedy Review

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    As the U.S. Justice Department mulls potential structural remedies after winning its recent case against Google, increased global scrutiny of Big Tech leaves ex post and ex ante antitrust approaches ripe for evaluation, say Nishant Chadha at the Indian School of Business and Manisha Goel at Pomona College.

  • Striking A Balance Between AI Use And Attorney Well-Being

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    As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.

  • Empathy In Mediation Offers A Soft Landing For Disputes

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    Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.

  • Series

    Being An Artist Makes Me A Better Lawyer

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    My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.

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