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January 03, 2025
Real Estate Recap: All Eyes On '25
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including what the experts think is in store for 2025.
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January 03, 2025
Budtender Says Tip Pool Suit Can Dodge Arbitration
A budtender accusing a cannabis company of mishandling tips told a Michigan federal court that the arbitration clause in his employment agreement lacks mutuality and doesn't cover his claims, arguing that his case should stay in court.
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January 03, 2025
Mich. Justices Asked To Ease Hospital Liability Standard
A patient has urged the Michigan Supreme Court to clear up the standards for when hospitals can be liable for the mistakes of doctors who treat patients as independent contractors, saying a recent decision by the state's intermediate appellate court added an unwarranted hurdle to holding hospitals responsible.
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January 03, 2025
Orchard Settles 'Criminal Enterprise' Defamation Suit
The former part-owner of a Michigan orchard and the orchard's holding company have settled claims that the ex-partner defamed the company and caused a loss of business by logging into its Google business account and calling it a "criminal enterprise."
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January 03, 2025
Ex-Mich. Public Defender Fined For Revealing Client's 'Secret'
The retired director of the public defender's office in Muskegon, Michigan, has been handed a 75-day suspension and ordered to pay more than $3,000 in fees after disciplinary authorities found he shared a client's "confidence or secret" and failed to enact and enforce policies to avoid conflicts of interest in the office.
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January 03, 2025
Ga. Law Firm Says Investment Co. Dodging $182K Bill
A Michigan-based investment firm is facing allegations it dodged paying more than $180,000 in legal fees owed to an Atlanta-area law firm, according to a suit removed to Georgia federal court Friday.
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January 03, 2025
Mich. Law Firm Urges Dismissal Of Insurer's Defamation Suit
A Michigan personal injury attorney and his firm are urging a federal judge to toss a defamation lawsuit accusing them of launching a smear campaign against an auto insurance company, arguing opinion pieces they published on the firm's blog are protected by the First Amendment.
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January 02, 2025
Startup Wants New Trial After TransUnion Undoes $18M Loss
A Sixth Circuit panel was wrong to affirm that a startup must come away empty-handed from a dispute with TransUnion LLC over a partnership to develop an online insurance quote marketplace, the startup said in asking the panel to give it a new trial instead of throwing out its jury win completely.
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January 02, 2025
Mich. Justices OK Atty Fees As Legal Malpractice Damages
The Michigan Supreme Court has held that clients can recover legal fees incurred as a result of an attorney's malpractice, finding that such fees are not barred by the American rule, under which parties to litigation must generally bear their own legal costs.
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January 02, 2025
Mich. Justices Say Detroit Fire Fee Is Legal, Not A Tax
The Michigan Supreme Court has ruled a Detroit fee for a fire service program was not an unlawful tax but clarified that a regulatory program's main benefit cannot be the mere permission for a property owner to operate its business in the city.
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January 02, 2025
Thomson Reuters Bolsters Tax Ops With $600M SafeSend Buy
Thomson Reuters Corp. has acquired SafeSend, a cloud-based provider of technology for tax and accounting professionals, for $600 million in cash, the Toronto-based data and content conglomerate said in a statement Thursday.
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January 02, 2025
Mich. Judge Revives U-Visa Seekers' Suit Over Delays
Courts can't compel U.S. Citizenship and Immigration Services to issue work authorizations, but can consider the reasonableness of its processing delays, a Michigan federal judge said Thursday, reversing her dismissal of a proposed class action brought by U-visa petitioners.
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January 02, 2025
6th Circ. Revives Mercedes Vehicle Fire Coverage Claims
The Sixth Circuit has ruled that Mercedes-Benz's North American research entity was not entitled to summary judgment in an insurance suit over a fire at a testing facility and that a lower court must consider whether the "hazardous materials" that started the fire should have been on the property.
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January 02, 2025
6th Circ. Overturns FCC Net Neutrality Rules
The Sixth Circuit upended the Federal Communications Commission's net neutrality rules Thursday, holding that commercial broadband providers cannot be regulated as telecommunications common carriers.
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January 01, 2025
2025 Michigan Cases To Watch
Attorneys predict the new five-justice Democratic majority on the Michigan Supreme Court this year could put teeth into a once-strong consumer protection statute, continue to tweak the state's premises liability law and could take on a federally posed question of the constitutionality of medical malpractice caps.
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January 01, 2025
Top Federal Tax Cases To Watch In 2025
Over the next year, tax practitioners will be closely monitoring suits that challenge the IRS' use of the economic substance doctrine, take advantage of the U.S. Supreme Court's landmark decision curbing federal agencies' regulatory authority and dispute the government's handling of worker retention credits. Here, Law360 looks at key federal tax cases to follow in 2025.
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January 01, 2025
Transportation Cases To Watch In 2025
The Boeing Co.'s 737 Max criminal conspiracy case, consolidated D.C. Circuit litigation targeting new vehicle fuel-economy standards, and a Texas high court battle over a massive trucking accident verdict are among the cases that transportation attorneys are watching closely in 2025.
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December 23, 2024
CFPB Sues Rocket Homes Over Alleged Realtor Kickbacks
Rocket Homes Real Estate has been giving brokers and agents incentives to steer homebuyers toward obtaining loans through Rocket Mortgage, while pressuring agents to withhold information that could save their clients thousands of dollars on a down payment, the Consumer Financial Protection Bureau said Monday.
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December 23, 2024
6th Circ. Says Trial Needed To Decide If FLSA Violations Willful
The Sixth Circuit has upended an order finding a horse training company willfully violated the Fair Labor Standards Act when it failed to pay workers overtime wages, saying the question of whether it knowingly ran afoul of the law is best left to a jury.
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December 23, 2024
EEOC Backs Fired Ford Worker's Retaliation Claim At 6th Circ.
The U.S. Equal Employment Opportunity Commission urged the Sixth Circuit to revive a Muslim, Middle Eastern engineer's suit claiming Ford fired him for complaining about on-the-job bias, saying the lower court wrongly factored in months of medical leave when assessing the timing of his termination.
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December 23, 2024
Chemical Exec Facing Felony Charges For Flint River Oil Spill
The president of a chemical company has been arraigned on multiple felony charges for allegedly mismanaging chemical waste at a Michigan production site, resulting in a 2022 oil and chemical spill in the Flint River.
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December 20, 2024
A Look Back At 2024's Major Securities Litigation Moments
The private securities litigation bar experienced a busy 2024, with meaningful and significant rulings in almost all of the nation's leading courts, and corporations, investors, government agencies and executives fighting over pay packages, disclosures, class certifications and mergers.
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December 20, 2024
Panel Baffled Why Prosecutor Left Holding Bag In Weed Case
A Michigan state judge who stuck the Wayne County Prosecutor's Office with a $66,000 bill for marijuana destroyed by police and said he'd "let the Court of Appeals sort it out" left those appellate judges scratching their heads — and reversing his decision on Thursday.
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December 20, 2024
6th Circ. To Group FedEx, Kellogg Pension Data Appeals
The Sixth Circuit on Thursday rejected a request to stay a case alleging FedEx Corp. uses outdated actuarial assumptions in calculating certain retirees' annuities, pending a similar appeal from Kellogg Co. retirees, saying it would instead group the cases together.
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December 20, 2024
Real Estate Recap: Stats, Multifamily Tech, Pot Shop Pickle
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including big picture stats for commercial real estate in 2024, how one proptech company is leveraging resident data for multifamily profitability, and a conversation with a BigLaw leader about navigating New York's pot shop crackdown.
Expert Analysis
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Lessons Learned From 2024's Top ADA Decisions
Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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How Changes In State Gift Card Laws May Affect Cos. In 2025
2024 state legislative movements around the escheatment of unused gift card balances and consumer fraud protections should prompt issuers to consider whether changes in company domicile or blanket cash-back policies are needed in the new year, say attorneys at Alston & Bird.
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Health Tech Regulatory Trends To Watch In 2025
With an upcoming change in administration and the release of some long-awaited rules, the healthcare industry should prepare for shifting trends, including a growing focus on health data and interest in technology-enabled delivery of healthcare, say attorneys at Orrick.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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The Securities Litigation Trends That Will Matter Most In 2025
2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.
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Reviewing 2024's Crucial Patent Law Developments
As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.
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The Justices' Securities Rulings, Dismissals That Defined '24
The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Opinion
1 Year After Rule 702 Changes, Courts Have Made Progress
In the year since amendments to the Federal Rules of Evidence went into effect, many federal judges have applied the new expert witness standard correctly, excluding unreliable testimony from their courts — but now state courts need to update their own rules accordingly, says Lee Mickus at Evans Fears.
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Ledbetter's Legacy Shines In 2024 Equal Pay Law Updates
The federal Lilly Ledbetter Fair Pay Act turned 15 this year, and its namesake's legacy is likely to endure in 2025 and beyond, as demonstrated by 2024's state- and local-level progress on pay equity, as well as several rulings from federal appellate courts, say attorneys at Fisher Phillips.
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Top 10 Whistleblowing And Retaliation Events Of 2024
From a Florida federal court’s ruling that the False Claims Act’s qui tam provision is unconstitutional to a record-breaking number of whistleblower tips filed with the U.S. Commodity Futures Trading Commission, employers saw significant developments in the federal and state whistleblower landscapes this year, say attorneys at Proskauer.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.