Michigan

  • April 12, 2024

    Split Mich. Panel Restores Overdose Suit Against Pain Doctor

    Pandemic-prompted court orders that gave litigants in Michigan extra time to file lawsuits have continued to divide the state's appellate bench, as another three-judge panel couldn't agree Thursday on whether the orders gave a woman's estate extra time to sue her doctor.

  • April 12, 2024

    Split 6th Circ. Orders BIA To Rethink Iraqi Man's Asylum Bid

    A divided panel of the Sixth Circuit has published an opinion ruling that the U.S. Board of Immigration Appeals did not properly consider new evidence in an Iraqi man's asylum petition under the Convention Against Torture, with one judge dissenting to say the board did not abuse its discretion.

  • April 12, 2024

    Mich. Panel Says Out-Of-State Car Accident Isn't Covered

    A Michigan resident is not entitled to insurance benefits for a car accident under the state's no-fault law, a state appeals court has ruled, reinstating its previous decision that claimants are not eligible for state-provided benefits for injuries arising from out-of-state accidents.

  • April 12, 2024

    Mich. High Court Snapshot: Atty Sanctions Kick Off April

    The Michigan Supreme Court returns Tuesday for its April session, hearing oral arguments about judges' ability to sanction lawyers for past attorneys' work in a case, what defendants say could be double recovery in wrongful death cases, and an attempt to use a Larry Nassar-inspired law to sue Catholic priests for decades-old abuse allegations.

  • April 12, 2024

    Tribes Look To Overturn Enbridge's Line 5 Mich. Tunnel Permit

    Several tribal nations are asking the Michigan Court of Appeals to overturn and remand a state commission's permit approval that allows Enbridge Energy to build a Line 5 pipeline tunnel project beneath the Straits of Mackinac, arguing that they and others were barred from introducing evidence relevant to the final decision.

  • April 11, 2024

    Split 6th Circ. Upends Jail Worker's $1.5M Win In USERRA Suit

    A split Sixth Circuit panel on Thursday overturned a former county jail employee's $1.5 million jury trial win in his lawsuit alleging he was wrongly accused of taking invalid military leave and then fired, despite a dissent calling the majority's finding that he waived his right to sue "deplorable."

  • April 11, 2024

    State Rules Can't 'Obliterate' Federal Rights, Justices Told

    The U.S. Supreme Court must clarify that states are categorically prohibited from requiring plaintiffs to exhaust local administrative remedies before pursuing claims that state officials violated federal rights, several Alabamans told the court Thursday, warning that state prerequisites obliterate federal rights.

  • April 11, 2024

    Ex-Geico Agents Ask 6th Circ. To Revive Classification Suit

    A group of former Geico agents asked the Sixth Circuit to revive their claims that they were misclassified and denied benefits, challenging the accuracy and relevance of plan documents that the lower court reviewed when dismissing the workers' suit.

  • April 11, 2024

    Pro-Trump Mich. Atty Gets New Trial Date After Skipping Court

    A Michigan attorney accused of accessing voting machines after the 2020 presidential election said Thursday her old lawyer was dragging his feet in sharing critical documents as a judge rescheduled her trial for July following her attorney swap and her arrest for failing to appear in court.

  • April 11, 2024

    State Bar Attys Fight Eastman's Bid To Activate Law License

    The State Bar of California has formally opposed John C. Eastman's motion to stay a March order placing him on inactive status pending appeal of a recommendation that he be disbarred.

  • April 11, 2024

    Mich. Justices To Hear Ex-Prosecutor's Whistleblower Appeal

    The Michigan Supreme Court agreed Wednesday to hold oral arguments in the appeal of a former assistant county prosecutor who claims her former boss retaliated against her for speaking up about a plea bargain she believed was unlawful.

  • April 11, 2024

    6th Circ. Orders Redo In Brokerage's Trade Secrets Row

    The Sixth Circuit ordered an Ohio district court to take another look at its ruling that a team of insurance brokerage's workers who defected for a competitor must comply with non-compete terms, reasoning that the lower court referenced standards for the injunction, but didn't actually consider them. 

  • April 11, 2024

    US Sends Mixed Messages In Enbridge Line 5 Pipeline Dispute

    The U.S. government sent mixed messages to the Seventh Circuit in weighing in on Enbridge's controversial Line 5 oil pipeline, saying a lower court was right to determine that the company is trespassing on tribal lands, but recommended that the case be remanded and that a tribe's public nuisance claim be dismissed. 

  • April 10, 2024

    DOJ's Apple Antitrust Suit Gets New Judge After Recusal

    The New Jersey federal judge overseeing the U.S. Department of Justice's recent iPhone antitrust case against Apple recused himself from the litigation Wednesday, according to a text order posted to the docket reassigning the case.

  • April 10, 2024

    6th Circ. Says Firm Owes Insurer Part Of Defense Bill

    A financial advisory firm's professional liability insurer had no duty to defend the company in underlying securities suits after underlying plaintiffs removed their common law violations, the Sixth Circuit ruled, further allowing the insurer to be reimbursed for some of its defense costs.

  • April 10, 2024

    Mich. Justices Block Wind Farm's Plan To Expand Near Airport

    The Michigan Supreme Court has upheld a local board's decision to block a commercial wind farm expansion, agreeing with a trial judge that zoning officials had marshaled enough evidence that the windmills posed safety risks to aviators.

  • April 10, 2024

    Diamond Biz Says PE Firm Had 'No Intention' Of Paying Fees

    A Canadian diamond polisher is suing the private equity owner of a lab-grown diamond company in Michigan federal court, arguing that Huron Capital Partners promised to help fund new facilities to process the diamonds it was sending despite knowing the company was heading for bankruptcy and would be unable to pay the fees.

  • April 10, 2024

    Paper Companies Still Liable In Superfund Row, Judge Says

    A Michigan federal judge held that International Paper Co. and Weyerhaeuser Co. can still be sued for future cleanup costs of a Michigan superfund site after the Sixth Circuit cut them loose from their portion of a $49 million bill for cleanup costs to date.

  • April 10, 2024

    Mich. Appellate Panel Won't Halt Election Case Against Atty

    A Michigan appellate panel on Tuesday said it wouldn't pause criminal proceedings against an attorney accused of tampering with voting machines after the 2020 presidential election or consider her appeal of a trial court's decision to issue an arrest warrant for missing a hearing.

  • April 10, 2024

    GM Hit With Class Action Over 'Shift-To-Park' Defect

    General Motors vehicles have a defect that prevents vehicles from detecting when they are in park, stopping drivers from shutting off or locking the vehicle and causing batteries to drain, a proposed class of drivers alleged in a new suit Tuesday.

  • April 09, 2024

    Jones Day's FOIA Suit Turning Into Judicial Quagmire

    A Michigan state judge said what he initially thought was a straightforward open-records dispute had turned into a complicated mess, as law firm Jones Day argued Tuesday that a Michigan agency must turn over documents related to its crackdown on the family of toxic chemicals known as PFAS.

  • April 09, 2024

    How Imminent Is 'Imminent,' Judge Asks In Supply Chain Fight

    A Colorado federal judge asked an auto parts supplier Tuesday how quickly a Michigan company's alleged violation of an exclusivity deal would have tangible effects, as he considered temporarily stopping the Michigan firm from using other suppliers.

  • April 09, 2024

    GM Rips 'Word Salad' Discovery Request, Fights Sanction Bid

    General Motors and its Detroit Renaissance Center told a Michigan federal judge Monday that guests of the center's Marriott hotel are unfairly demanding sanctions over allegedly unreasonable discovery requests, saying the businesses are making every effort to respond in a timely fashion to the "burdensome" interrogatories.

  • April 09, 2024

    Senate Confirms US Atty To Michigan Court

    The Senate voted 58-42 on Tuesday to confirm Assistant U.S. Attorney Robert J. White to the Eastern District of Michigan bench.

  • April 09, 2024

    16 States Seek To Defend EPA Particulate Matter Rule

    A coalition of 16 states, New York City and Washington, D.C., has pushed to intervene before the D.C. Circuit in defense of the U.S. Environmental Protection Agency's recent final rule tightening federal standards for fine particulate matter pollution, as it faces challenges from industry groups and Republican-led states.

Expert Analysis

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • State Regs Sow Discord Between Cannabis, Hemp Industries

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    Connecticut, Maryland and Washington are the latest states choosing to require intoxicating hemp products to comply with the states' recreational marijuana laws, resulting in a widening rift between cannabis and hemp as Congress works on crafting new hemp legislation within the upcoming 2023 Farm Bill, say attorneys at Wilson Elser.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

  • Opinion

    Newman Suspension Shows Need For Judicial Reform

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    The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

  • How And Why Your Firm Should Implement Fixed-Fee Billing

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    Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Opinion

    Judicial Independence Needs Defense Amid Political Threats

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    Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.

  • How Law Firms Can Use Account-Based Marketing Strategies

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    Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.

  • AGs' Distaste For Food Bill May Signal Other State Issues

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    States' recent opposition to a proposed federal law that would block them from regulating out-of-state agricultural production could affect issues beyond this narrow debate, such as the balance of state and federal regulatory power, reproductive rights post-Dobbs, and energy production and water use, say Christopher Allen and Stephen Cobb at Cozen O'Connor.

  • Strategic Succession Planning At Law Firms Is Crucial

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    Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

  • Autonomous Vehicles Must Navigate Patchwork Of State Regs

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    With only modest action by the federal government on the autonomous vehicle regulatory front in 2023, states and localities remain the predominant source of new regulations affecting AVs — but the result is a mix of rules that both help and hinder AV development and adoption, say attorneys at Faegre Drinker.

  • Maximizing Law Firm Profitability In Uncertain Times

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    As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

  • Federal Policies Keeping Autonomous Vehicles In Slow Lane

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    In the first installment of this two-part article, attorneys at Faegre Drinker examine recent federal regulations and programs related to autonomous vehicles — and how the federal government's failure to implement a more comprehensive AV regulatory scheme may be slowing the progress of the industry.

  • Calif. Law Tests Noncompete Prohibitions' Potential Reach

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    California’s newly enacted law, which voids employee restrictive covenants, whether signed in or out of the state, has the potential to upend typical agreement negotiations, and highlights ongoing questions concerning how California's worker protections fare in other jurisdictions, says Sarah Tishler at Beck Reed.

  • 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

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    The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

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