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Michigan
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September 20, 2024
Vandalizing Doctor Gets $200K For Defeating Vengeful Suit
A doctor who defaced the property of a real estate developer with graffiti can keep an award of more than $200,000 in attorney fees for defending himself from a suit that a judge found was filed out of vengeance, a Michigan appellate panel has ruled.
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September 20, 2024
Mich. School Officials Keep Immunity In Oxford Shooting Suits
A Michigan appellate court panel on Thursday upheld the dismissal of a pair of lawsuits alleging Oxford Community School and its employees were negligent in failing to prevent a teenager from shooting and killing four classmates and injuring seven others in 2021, saying no reasonable juror could determine anyone other than the shooter was responsible.
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September 19, 2024
Dems Seek School Lunch 'Junk Fee' Ban After CFPB Report
A group of Democratic senators has called on the Biden administration to crack down on payment processing fees in school lunch programs, citing a recent Consumer Financial Protection Bureau report that raised concerns about the charges parents pay to fund their kids' online lunch money accounts.
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September 19, 2024
Michigan Judge Clears BMW Of Infringing Navigation Patent
A Michigan federal judge has put an end to infringement allegations in Detroit in the final case of a decadelong legal saga over a patent on a way of navigating cars, finding that BMW cars don't do what's covered in the patent.
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September 19, 2024
GM Asks Full 6th Circ. To Rehear Truck Emissions Fraud Suit
General Motors LLC is asking the full Sixth Circuit for an en banc rehearing of a split decision that revived state law claims from four plaintiffs who alleged that GM misleadingly marked Chevrolet Silverado and Sierra vehicles as being more environmentally friendly than they were.
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September 19, 2024
Mich. Atty Gets 1 Year For Inflating Apartment Values
A Michigan attorney and real estate executive was sentenced Thursday to one year and a day in prison for inflating how profitable his company's apartments were, allowing him to sell them for more than $500 million.
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September 19, 2024
6th Circ. Upholds NLRB's Severance Order Against Hospital
The Sixth Circuit on Thursday affirmed a National Labor Relations Board decision that found a Michigan hospital violated federal labor law through its offer of severance agreements, but didn't weigh in on whether the board's precedent shift on pacts that include nondisparagement clauses should stand.
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September 19, 2024
Judge Blocks Manhattan Project Waste From Mich. Landfill
A state judge barred a southeast Michigan landfill from accepting shipments of radiological material Wednesday, issuing a temporary restraining order days after surrounding communities sued over planned deliveries of contaminated soil and debris left over from the development of the first atomic bomb.
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September 19, 2024
Mich. Judge Can't End Probe Over Alleged Lies
Michigan's judicial misconduct watchdog on Wednesday rejected a recommendation to dismiss an ethics probe of a Detroit judge accused of lying to investigators about another judge's alleged misconduct, finding that a public hearing is necessary to determine the merits of the case.
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September 19, 2024
Bejin Bieneman Boutique Trio Joins Taft's Detroit IP Team
Taft Stettinius & Hollister LLP has hired three attorneys from intellectual property boutique Bejin Bieneman PLC, including one of that firm's name partners, who have joined Taft's Detroit office, the firm announced this week.
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September 19, 2024
Pro Volleyball League's Founders Claim Buyers Shorted Them
The co-founders of the Pro Volleyball Federation, a women's professional volleyball league, are seeking at least $500,000 in damages in a new suit that alleges they haven't been paid by several team owners in the league who formed an entity to buy the co-founders' Class A shares of the federation for $1 million.
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September 19, 2024
Calif. Vape Co. Says Mich. Store Is Selling Counterfeit G Pens
California-based GS Holistic LLC is suing a Michigan smoke shop in federal court, alleging that it is selling counterfeit versions of its G Pen e-cigarettes without authorization at a fraction of the price, infringing its trademarks and harming its reputation.
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September 18, 2024
Mich. Justices Continue To Fight Over Minimum Wage Ruling
Michigan's minimum wage will rise to $12.48 an hour in February, the state Supreme Court confirmed Wednesday in an order that settled a debate over how to calculate the new wage floor, but rehashed internal disagreements over the court's July decision to increase the minimum wage.
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September 18, 2024
GM Beats Class Suit Alleging Piston Ring Defects
General Motors LLC has beat a class action accusing it of selling vehicles with faulty engines that consume too much oil, as a Colorado federal judge determined that the drivers couldn't prove a defect now that their expert witness is disqualified.
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September 18, 2024
Mich. Justices To Hear 911 Dispatcher's Whistleblower Appeal
The Michigan Supreme Court will consider whether a 911 operator's complaint about a supervisor's handling of a call was protected activity under the state's whistleblower law, the justices said Wednesday.
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September 18, 2024
Mich. Town Wants Stay During Appeal Over $2B Battery Plant
A central Michigan township has asked a federal judge to pause enforcement while it appeals a previous ruling finding local officials violated a development agreement by trying to withdraw support for a more than $2 billion battery components plant to be built by Gotion Inc.
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September 18, 2024
Toshiba Loses Bid To Sanction Mich. Energy Cos. Over Depo
A Michigan federal judge has rejected Toshiba and its subsidiary's request for sanctions against the state's largest energy companies despite Toshiba's claim that their witness failed to answer certain questions at a deposition, ruling Toshiba didn't properly lay out what it wanted the witness to talk about and that his other answers were appropriate.
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September 18, 2024
Wayne State Law Student Refused Accommodations, School Says
Wayne State University argued Wednesday it did not violate the Americans with Disabilities Act by not letting a law student attend class virtually, telling a Michigan federal judge the student, who sued the university, turned down its offers of in-class accommodations, on-campus housing and other resources to help her attend lectures.
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September 17, 2024
Ford Barred From Using InterMotive Mark After $13M Verdict
A Michigan federal judge permanently barred Ford Motor Co. from using the name of a California tech company's vehicle control module, following last year's jury award of more than $13 million to the tech maker for infringement by Ford.
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September 17, 2024
UAW Says Stellantis Reneging On Deal To Reopen Ill. Plant
Automaker Stellantis is failing to live up to a promise it made in its last contract with the United Auto Workers to reopen an idled plant in Illinois, the union said Monday.
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September 17, 2024
Better Days Ahead For Associates, Recruiters Say
Things are looking up for associates, recruiters say, as a strong economic outlook for the legal industry appears to be driving increased demand for younger attorneys after two straight years of layoffs.
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September 17, 2024
Michigan Powerhouse: Varnum
Varnum LLP's banner year has seen it win a high-profile art theft case, help a fintech leader and insurance giant acquire one of the largest insurance distribution platforms in Europe and secure its foothold in the world of white collar investigations, helping drive growth across all its Michigan offices.
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September 16, 2024
Senate Confirms Tenn, Prosecutor To 6th Circ.
The U.S. Senate Monday confirmed federal prosecutor Kevin Ritz to join the Sixth Circuit bench along a 48-46 party line vote following vocal objections from the senior senator from Tennessee over the past few months.
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September 16, 2024
Home Healthcare Cos. Strike Deal In EEOC Disability Bias Suit
The U.S. Equal Employment Opportunity Commission said Monday that a pair of affiliated home healthcare companies will shell out $65,000 to wrap up the agency's suit accusing them of wrongly firing an occupational therapist after she had a seizure and needed rides to get to patients' homes.
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September 16, 2024
Why A Tactic In The Youth Climate Change Battle Is Risky
Young people suing the federal government for sweeping changes to climate policy are trying a new tactic, filing a mandamus petition in the U.S. Supreme Court in an effort to get their case to trial. But some lawyers are worried the tactic may backfire, limiting the opportunity for others to use the courts to wage climate battles, experts told Law360.
Expert Analysis
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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An Overview Of Circuit Courts' Interlocutory Motion Standards
The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.