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November 07, 2024
Attys For Solar Co. Ex-CEO Should Be DQ'd, Plaintiffs Say
The lawyers representing the former CEO of a bankrupt solar energy company should be disqualified, attorneys for the plaintiffs in a suit against him said Wednesday, arguing that the firm had multiple conflicts of interest with its work as in-house counsel for the solar energy company and was intentionally delaying discovery because of its "obvious web of conflicting obligations."
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November 07, 2024
Transparency Act Should Exclude Housing Co-Ops, Court Told
A group of housing cooperatives asked a Michigan federal judge to grant them an exemption from the "dragnet" Corporate Transparency Act, claiming the disclosure requirements will deter members from serving on boards that govern affordable housing developments.
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November 06, 2024
Sanctioned Supplier, Abbott Strike Deal Over TM Judgment
Abbott Laboratories has resolved a dispute with a diabetes test-strip wholesaler that was ordered to pay Abbott $33.4 million after committing discovery misconduct, with the parties saying they've agreed to a settlement after a federal appeals court upheld Abbott's default win in September.
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November 06, 2024
R&B Singer Says Ex-Manager Can't 'Squeeze' More Money
A Grammy-nominated singer has urged a Michigan federal judge to find his former management isn't entitled to any commission from the last eight years of his work in the entertainment industry, saying a sunset clause from a 2003 agreement isn't valid because he terminated the contract.
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November 06, 2024
Mich. Atty, Arizona Voter Sue Elon Musk Over $1M Giveaway
Elon Musk and his political action committee were hit with two lawsuits Tuesday claiming his $1 million giveaway to swing state voters who signed a petition to support the U.S. Constitution was a fraud.
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November 05, 2024
Trump Has Official Immunity. What About His Aides?
Whether the U.S. Supreme Court's decision on presidential immunity extends to subordinates who follow a president's orders has become a more pressing question in the wake of Donald Trump's projected election win, according to legal experts.
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November 05, 2024
How Trump Can Quash His Criminal Cases
Donald Trump's projected victory at the polls also translates to a win in the courts, as the second-term president will have the power to end both of his federal criminal cases. And the U.S. Supreme Court's decision on presidential immunity would shield him from any consequences for ordering his charges to be dismissed, experts say.
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November 05, 2024
An Early Look At Trump's Supreme Court Shortlist
With former President Donald Trump projected to win the 2024 presidential election and the Republicans' success in securing the U.S. Senate majority, Trump may now get the chance to appoint two more justices to the U.S. Supreme Court, cementing the court's conservative tilt for decades to come.
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November 05, 2024
GOP's Senate Win Hands Future Of The Judiciary To Trump
Republicans were projected to take back the White House and Senate and possibly the House early Wednesday, putting the GOP in position to back Donald Trump's agenda and his slate of young, conservative judicial nominees.
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November 05, 2024
The Firms With An Inside Track To A New Trump Admin
Law firms that have represented Donald Trump and the Republican Party on everything from personal legal woes to election-related lawsuits could see the risks of that work pay dividends as Trump is projected to secure a second term in office.
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November 05, 2024
Dems Deepen Hold On Michigan Supreme Court
The Democratic-nominated candidates for the Michigan Supreme Court defeated their Republican-backed opponents Wednesday morning, with Justice Kyra Bolden keeping her seat and University of Michigan law professor Kimberly Ann Thomas joining the court.
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November 05, 2024
Longtime Detroit Prosecutor Takes Commanding Lead
The top prosecutor in Wayne County, Michigan, known for being the first to prosecute a sitting Detroit mayor and for her efforts to address backlogs of untested rape kits, appeared to secure her spot for another four years.
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November 05, 2024
Ford To Face Punitives Bid At Next Ga. Trial Over Truck Roof
Ford Motor Co. must face a punitive damages request at an upcoming jury trial over allegations that a defective pickup truck roof caused a husband and wife to suffocate during a rollover crash, a Georgia federal judge held Tuesday.
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November 05, 2024
Mich. Unemployment Claimants, UAW Seek Class Certification
The United Auto Workers union and Michigan residents urged a federal judge Monday to certify a class of people who say the state suspended their unemployment payments without proper notice, a practice the claimants say violates a seven-year-old agreement with the state's unemployment insurance agency.
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November 05, 2024
Mich. Judge Won't Delay Benton Harbor Lead Pollution Suit
A federal magistrate judge in Michigan rejected a request to push back a scheduling conference in litigation over lead contamination in a Michigan city's drinking water, ordering the parties on Monday to press forward with resolving the significantly narrowed case.
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November 05, 2024
Insurer Drops Ice Rink Suit Against Maintenance Co.
An insurer and an ice rink maintenance company have stipulated to the dismissal of the insurer's suit alleging that the maintenance company negligently installed a heat exchanger for an Ann Arbor, Michigan, ice rink.
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November 05, 2024
Ascension Staff To Get Back Pay In COVID Vaccine Settlement
Ascension Health Alliance will provide back pay for employees who were denied religious exemptions from its COVID-19 vaccine policy and suspended without pay, under a revamped settlement approved by a Michigan federal judge.
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November 05, 2024
On The Ground: How Attorneys Safeguarded The Election
Attorneys worked tirelessly Tuesday to support citizens and election workers on the final day of voting in one of history's most contentious presidential contests.
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November 04, 2024
'Oh, Come On': 5th Circ. Doubts Intuit Ads Misled Consumers
The Fifth Circuit on Monday seemed skeptical that the company behind TurboTax duped customers into thinking they could file their tax returns for free, with judges engaging in a lengthy back-and-forth with the Federal Trade Commission over how noticeable disclosures on the ads had to be for the agency to consider them truthful.
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November 04, 2024
Judge Tosses Michigan Clerk's Election DQ Lawsuit
A Michigan clerk's lawsuit claiming he was wrongfully barred from administering Tuesday's presidential election over his plan to hand-count ballots was quickly shot down Monday for failure to comply with procedural filing requirements.
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November 04, 2024
Michigan County Fights To Keep Radioactive Waste Out
Wayne County urged a Michigan federal judge to keep in place an order barring a local landfill from accepting deliveries of radioactive waste from the Manhattan Project, arguing the surrounding communities' and environmental health could suffer for "billions of years."
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November 04, 2024
US Must Pay Legal Fees To Challenger Of IRS Guidance
A Michigan federal judge ordered the U.S. to pay roughly $220,000 in attorney fees to a construction company that won its challenge to Internal Revenue Service penalties and overturned underlying agency guidance, rejecting a magistrate judge's recommendation that the company foot its own bill.
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November 04, 2024
Developer And Mich. Township Reach Deal In FOIA Suit
A developer and a Michigan township resolved the developer's nearly $18 million suit that accused the township of wrongfully blocking its industrial development project.
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November 04, 2024
Ford Gets New Trial In $1.7B Rollover Case In Georgia
The Georgia Court of Appeals on Friday ordered a new trial in a record-setting $1.7 billion rollover case against Ford Motor Co., saying it was "reluctantly" vacating the jury's verdict after finding that a trial court wrongly imposed issue preclusion sanctions that "almost completely prevented Ford from presenting a defense as to liability."
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November 01, 2024
Wheeling & Appealing: The Latest Must-Know Appellate Action
One circuit court will hold an oral argument for the history books, with dizzying logistics and stakes surpassing almost anything on the U.S. Supreme Court's calendar. Other circuit showdowns will delve into the high court's latest opinions and flesh out fascinating feuds involving big beer brands and emerging theories of "administrative state" overreach. All that and more is making November a month of exceptional appellate intrigue.
Expert Analysis
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Justices' Starbucks Ruling May Limit NLRB Injunction Wins
The U.S. Supreme Court’s recent decision in Starbucks v. McKinney, adopting a more stringent test for National Labor Relations Board Section 10(j) injunctions, may lessen the frequency with which employers must defend against injunctions alongside parallel unfair labor practice charges, say David Pryzbylski and Colleen Schade at Barnes & Thornburg.
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Class Actions At The Circuit Courts: July Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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FLSA Conditional Certification Is Alive And Well In 4th Circ.
A North Carolina federal court's recent decision in Johnson v. PHP emphasized continued preference by courts in the Fourth Circuit for a two-step conditional certification process for Fair Labor Standards Act collective actions, rejecting views from other circuits and affording plaintiffs a less burdensome path, say Joshua Adams and Damón Gray at Jackson Lewis.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Why High Court Social Media Ruling Will Be Hotly Debated
In deciding the NetChoice cases that challenged Florida and Texas content moderation laws, what the U.S. Supreme Court justices said about social media platforms — and the First Amendment — will have implications and raise questions for nearly all online operators, say Jacob Canter and Joanna Rosen Forster at Crowell & Moring.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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Opinion
Justices' Malicious-Prosecution Ruling Shows Rare Restraint
The U.S. Supreme Court’s recent decision in Chiaverini v. City of Napoleon, Ohio, declining to limit malicious-prosecution suits, is a model of judicial modesty and incrementalism, in sharp contrast to the court’s dramatic swings on other rights, says Steven Schwinn at the University of Illinois Chicago Law School.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Series
After Chevron: Various Paths For Labor And Employment Law
Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.