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March 28, 2025
Off The Bench: NCAA Wages, Coach Hacking, Tennis Tension
In this week's Off The Bench, the NCAA fires its latest salvo against paying wages to college athletes, the legal fallout from hacking allegations against a former University of Michigan football coach intensifies, and the men's tennis tour fights back against claims of intimidation.
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March 27, 2025
Mich. Panel Sets Liability Precedent For Sports Facilities, Refs
In what it called a precedent-setting decision for the state, a Michigan appellate court has ruled that neither a facility hosting a sporting event nor a person officiating that event has a duty to protect participants from negligence or recklessness.
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March 27, 2025
Coverage Row Over OpenText Merger Now Moot, Judge Says
A Michigan federal court tossed on Thursday an insurer's lawsuit seeking a declaration that it had no duty to indemnify a shareholder class action stemming from Covisint's 2017 merger with software company OpenText, finding the dispute is now moot because the insurer's coverage limit has already been exhausted.
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March 27, 2025
FINRA Improperly Acts As Government Agency, 6th Circ. Told
The owner of a consulting company has urged the Sixth Circuit to overturn a decision by the U.S. Securities and Exchange Commission affirming sanctions imposed by the Financial Industry Regulatory Authority for alleged securities fraud, arguing that FINRA never had jurisdiction over him.
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March 27, 2025
Eli Lilly Says Michigan AG's Insulin Pricing Probe Is Baseless
Michigan Attorney General Dana Nessel's case for investigating Eli Lilly's insulin prices is based on fundamentally flawed premises, such as comparing what consumers pay in Michigan to Canada, the drugmaker has told the Michigan Supreme Court in a new brief.
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March 27, 2025
UMich Athletes Launch Second Suit Over Ex-Coach's Hacking
Two former University of Michigan student-athletes have launched a class action against former offensive coordinator Matthew Weiss and the university over the ex-coach's alleged illegal access to and downloading of thousands of student-athletes' private information, the second lawsuit in recent weeks.
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March 27, 2025
DOJ's Antitrust Unit Targeting Anticompetitive Regulations
The U.S. Department of Justice launched a task force on Thursday aimed at eliminating state and federal laws and regulations that are hindering competition, with an initial focus on key sectors including housing, food and transportation.
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March 27, 2025
Mich. Judge Deflects Criticism Of Atty Fees In $53M Flint Deal
A Michigan federal judge on Thursday defended her decision to grant a third of a $53 million settlement to attorney fees for lawyers who represented Flint claimants who alleged a water firm prolonged the water crisis, saying many members of the public don't understand the complexities of the case.
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March 27, 2025
Mich Justices Restore Toss Of Packaging Co.'s Tax Appeal
A Michigan packaging company's tax exemption appeal was properly dismissed by the state Tax Tribunal over a lack of jurisdiction, the Michigan Supreme Court ruled, overturning an appellate court decision.
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March 27, 2025
Curaleaf Units Slam Pot Farm's Sanctions Bid In $32M Suit
Two Curaleaf units are pushing back on a Michigan farm's bid for sanctions following a $32 million verdict in its favor, saying the farm is the party dragging proceedings out by seeking sanctions over a disagreement on the law.
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March 27, 2025
1st Circ. Denies Gov't Bid To Enforce Funding Freeze
The First Circuit has declined to interfere with a Rhode Island federal judge's order that the government continue releasing federal funds while the Trump administration appeals a ruling blocking its efforts to enforce the freeze.
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March 26, 2025
IBM Can't Yet Ditch White Man's 'Reverse Discrimination' Suit
A Michigan federal judge on Wednesday refused to throw out a white male consultant's suit alleging that IBM threatens to punish executives if they don't meet diversity goals, finding that, at least at this stage in the litigation, he's offered enough facts to support a "reverse discrimination" claim.
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March 26, 2025
Trump Sets 25% Tariffs On Imported Cars And Parts
President Donald Trump on Wednesday announced his intention to impose a 25% tariff on cars and car parts imported into the United States, continuing a trend of sweeping, aggressive trade actions that have defined his first two months in office.
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March 26, 2025
Sotomayor Urges Caution On Nondelegation Doctrine Revamp
U.S. Supreme Court Justice Sonia Sotomayor cautioned her colleagues during oral arguments Wednesday against using a challenge to the Federal Communications Commission's administration of a broadband subsidy program as a way to resurrect the long-dormant nondelegation doctrine. Several conservative justices, however, seemed willing to disregard that admonition.
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March 26, 2025
Court Holds On Tight To 'What I Like About You' Band's Row
A Michigan federal judge said Wednesday the lead singer of The Romantics must face a bandmate's demands for a detailed accounting of the band's finances and allegations the singer has been withholding royalties and revenue from performances from a shared company.
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March 26, 2025
AGs Seek 1st OK For $39M Apotex Deal In Price-Fixing Case
A coalition of 50 state attorneys general on Wednesday asked a Connecticut federal judge to accept a $39.1 million deal settling claims that pharmaceutical company Apotex Corp. schemed with others to fix generic-drug prices, with 70% earmarked for a restitution fund and 30% for consumer notices and attorney fees.
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March 26, 2025
Judge Wants Mich. Supreme Court's Take On Daimler Contract
A Michigan federal judge has asked the state's Supreme Court to clear up whether a contract obligating a Daimler Truck subsidiary to purchase "1 part to 100%" of its needs for transmission parts from a seller is an enforceable contract under a 2023 Michigan Supreme Court opinion, noting state justices haven't addressed a conflict among Michigan appellate court rulings.
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March 26, 2025
Insurers Must Cover $29M Axle Defect Costs, Co. Says
A successor company to an auto parts manufacturer told a Michigan federal court Wednesday its commercial general liability insurers must help cover nearly $29 million a German company said it lost from faulty axle shafts it purchased and were ultimately installed in certain Dodge Ram pickup trucks.
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March 26, 2025
Even With Few Openings, Courts Can Still Shift Under Trump
There were record low vacancies on the federal bench when Donald Trump took office in January, but the president could still radically alter some courts and swing the judiciary rightward, especially if Congress creates more judgeships during his second tenure.
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March 26, 2025
Mich. Supreme Court To Review Pair Of Auto Law Appeals
The Michigan Supreme Court agreed Wednesday to take up two car insurance appeals that will see the justices examining the standard for taking a vehicle "unlawfully" and whether a nonresident's tort claims are barred because he should have been carrying Michigan car insurance.
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March 26, 2025
Medical Pot Center Not Exempt From 2017 Michigan Sales Tax
A Michigan appeals panel has rejected a medical cannabis provisioning center's argument that it was exempt from sales tax in 2017, saying it is not entitled to the same exemption as primary caregivers and could not rely on a 2011 nonbinding letter in its argument.
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March 25, 2025
6th Circ. Won't Rethink Ruling On 'Captive Audience' Memo
A Sixth Circuit panel on Tuesday said it wouldn't rethink its ruling that a Michigan construction trade group lacks standing to challenge the constitutionality of a memo from the National Labor Relations Board former general counsel regarding employers' anti-union meetings.
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March 25, 2025
Mich. Legislators Tell Justices They Can Sue Over Voting Laws
Eleven Republican Michigan lawmakers have asked the U.S. Supreme Court to find they have standing to challenge the validity of ballot initiatives that expanded early voting and voter registration in Michigan and placed redistricting in the hands of a citizen commission.
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March 25, 2025
Mich. Residents, Some Claims Cut From Frozen Benefits Case
A Michigan federal judge has slashed a union and claimants' lawsuit alleging the state's unemployment insurance agency improperly automatically denied or clawed back payments, finding that temporary COVID-19 pandemic assistance benefits are not constitutionally protected rights and the claimants received proper notice of an end to their benefits.
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March 25, 2025
Stellantis Seeks Dismissal Of Jeep Fire Risk Class Action
Stellantis NV has urged a Michigan federal court to toss allegations that certain model year Jeep Wranglers and Gladiators are at risk of catching fire, saying most of the drivers haven't experienced issues with their vehicles.
Expert Analysis
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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How Justices Rule On Straight Bias May Shift Worker Suits
Following oral argument at the U.S. Supreme Court in Ames v. Ohio Department of Youth Services, in which a heterosexual woman sued her employer for sexual orientation discrimination, the forthcoming decision may create a perfect storm for employers amid recent attacks on diversity, equity and inclusion, say attorneys at Proskauer.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Preparing For Tariffs On Canadian Power In The Northeast
The on-again, off-again risk of import and export tariffs on energy transactions between the U.S. and Canada may have repercussions for U.S. energy stakeholders in the ISO New England and New York Independent System Operator electricity markets — but there are options that could help reduce cost impacts, say attorneys at Husch Blackwell.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Investor Essentials For Buying Federally Owned Property
Investors and developers can take advantage of the Trump administration's plan to sell government-owned real estate by becoming familiar with the process and eligible to bid, and should prepare to move quickly once the U.S. General Services Administration posts the list of properties for sale, say attorneys at Holland & Knight.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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Opinion
It's Time To Fix The SEC's Pay-To-Play Rule
Nearly 15 years after its adoption, the U.S. Securities and Exchange Commission's pay-to-play rule is not working as intended — a notion recently echoed by SEC Commissioner Hester Peirce — and the commission should reconsider the strict liability standard, raise the campaign contribution limits and remove the look-back provision, say attorneys at WilmerHale.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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Implementation, Constitutional Issues With Birthright Order
President Donald Trump's executive order reinterpreting the 14th Amendment's birthright citizenship clause presents unavoidable administrative problems and raises serious constitutional concerns about the validity of many existing federal laws and regulations, says Eric Schnapper at the University of Washington School of Law.