Michigan

  • January 30, 2024

    Mich. Judge OKs $20M For Victims Of Faulty Fraud Algorithm

    A Michigan state judge signed off Monday on a settlement that will see the state's unemployment agency pay $20 million to people wrongly accused of fraud by an algorithm.

  • January 30, 2024

    Cannabis Co. TerrAscend Accused Of Retaliation

    A woman says she was hired by a cannabis company that was later acquired by TerrAscend Corp. around the time she developed a chronic medical condition, only to be fired after requesting accommodations, a Michigan federal lawsuit contends.

  • January 29, 2024

    Rocket Investors Want Class Cert. Despite Meme Stock Surge

    Rocket Mortgage shareholders said a social media-driven surge in the company's stock price shouldn't tank a class certification bid, because even during the so-called meme stock event, the stock price still reflected alleged misrepresentations about the mortgage lender's financial health.

  • January 29, 2024

    Mich. Residents Urge 6th Circ. To Preserve Lead Water Claims

    Residents of Benton Harbor, Michigan, urged the Sixth Circuit to reject city officials' request for qualified immunity in a class action alleging they misled the public about the safety of the city's drinking water.

  • January 29, 2024

    Insurer-Backed Docs Must Show Tax Records For Bias Check

    A split Michigan appellate court panel has said a car crash victim seeking coverage for his injuries can force the medical examiners hired by his insurer to turn over tax documents, finding the records are relevant to determine potential bias that couldn't be discovered otherwise.

  • January 29, 2024

    Kellogg Can't Flout Pension Guardrails, Retirees Say

    Kellogg retirees urged a Michigan federal judge to shoot down the cereal and snack foods company's argument that it has "carte blanche to shortchange employees" by using old data to calculate pension payments.

  • January 29, 2024

    Protein Bar Co.'s Insurer Says Supplier Ruined $3M In Product

    An insurer for a Pittsburgh-based protein-bar maker said the company lost $3 million due to plastic and paper contaminants found in collagen supplied by a Michigan-based company, according to a lawsuit filed in Pennsylvania state court Friday.

  • January 29, 2024

    OCC's Hsu Floats 'Chalk Lines' For Bank Merger Approvals

    The Office of the Comptroller of the Currency's acting chief on Monday unveiled a proposal to provide banks with a sketch of what the agency thinks a winning merger applicant does and doesn't look like, pitching the plans as a boon to bank merger review transparency while stirring industry doubts.

  • January 29, 2024

    Ex-Pistons Exec Faces 2nd Harassment Suit From Ex-Staffer

    A former Detroit Pistons employee who is already suing the team and a former top executive for sexual harassment in state court has lodged a nearly identical complaint in Michigan federal court, alleging a litany of inappropriate workplace conduct.

  • January 29, 2024

    Catching Up With Delaware's Chancery Court

    A transportation services company and cryptocurrency fund both exited litigation, a grill maker and EV-charging company fired up new cases, and biotechs bandaged old wounds while judges fast-tracked a musical power struggle and unwound a REIT deal. All told, a typical week for Delaware's court of equity.

  • January 29, 2024

    Ford Says EcoBoost Oil Pump Suit Not Ready For Courts

    Ford Motor Co. is asking a Delaware federal court to throw out a proposed class action alleging that it sold vehicles with EcoBoost engines that have faulty oil pumps, saying the claims aren't ripe because none of the class members have taken advantage of a recall of the same engines.

  • January 26, 2024

    Mich. Panel Affirms Condo's Escape From Drowning Suit

    The estate of a condominium owner, who drowned while apparently trying to save ducklings in the common area of her complex, can't maintain a premises liability lawsuit against the owners' association, a Michigan state appeals court ruled, saying the association didn't owe her the same duty of care it does to an invitee.

  • January 26, 2024

    Mich. Court Backs Order For Hospital's COVID Policy Records

    A Michigan hospital accused of medical malpractice and gross negligence must produce any documents it has showing whether doctors and nurses were directed to withhold CPR from COVID-19 patients in the early days of the pandemic, under a ruling issued Thursday by the state Court of Appeals.

  • January 26, 2024

    6th Circ. Backs Rehire Of Union Guard Fired For Sleeping

    A security company must reinstate a guard who was accused of sleeping on the job and subsequently terminated, the Sixth Circuit ruled on Friday, finding an arbitrator relied on the parties' collective bargaining agreement when issuing the award that said the worker wasn't let go for just cause.

  • January 26, 2024

    Mich. Justices Don't Say If Stalled Driver Was 'Operating' Car

    An uninsured driver struck while pulled to the side of a road can seek damages from the semi-truck driver that hit him after the Michigan Supreme Court declined Friday to intervene following oral arguments earlier this month.

  • January 26, 2024

    Mich. Justices To Hear Disney, Eatery Group's Escheat Fight

    The Michigan Supreme Court agreed Friday to review a lower court's finding that audits that the state Department of Treasury initiated against Disney and a restaurant company paused the statute of limitations for the agency to demand that the businesses turn over unclaimed property to the state.

  • February 08, 2024

    Law360 Seeks Members For Its 2024 Editorial Boards

    Law360 is looking for avid readers of its publications to serve as members of its 2024 editorial advisory boards.

  • January 26, 2024

    Dodge Ram Parts Contract Too Vague To Enforce, Judge Says

    A Michigan federal judge has decided that he won't force an auto parts supplier to keep selling components to a manufacturer making center consoles for a Stellantis project, finding the contract is too vague to impose under a recent Michigan Supreme Court decision that clarified when long-term supply contracts are enforceable.

  • January 26, 2024

    6th Circ. Case Dooms Dodge Ram Drivers' Emissions Claims

    Citing recent Sixth Circuit precedent, a Michigan federal judge ruled Friday that federal law preempts drivers' state-based claims in a long-running case alleging Fiat Chrysler and engine manufacturer Cummins rigged Dodge Ram trucks to guzzle fuel and emit pollutants beyond legal limits.

  • January 26, 2024

    Cannabis Co. Too Late To Sue Dinsmore Over Late Filing

    A Michigan appellate panel ruled Thursday that a cannabis company's suit against Dinsmore & Shohl LLP, alleging the firm missed the deadline to file the company's applications for Illinois cannabis dispensing licenses because it was "too busy" with other clients, was itself filed too late and properly thrown out.

  • January 26, 2024

    Mich. High Court Spurns Biker's Crash Coverage Dispute

    The Michigan Supreme Court declined Friday to weigh in on when motorcycle crashes must be covered by auto insurance policies, over the objection of two justices who said case law needed a course-correction.

  • January 26, 2024

    On 2nd Try, Magna Workers Nab Class Status In ERISA Suit

    A Michigan federal judge certified a class of an estimated 20,000 workers in a suit accusing auto parts supplier Magna International of mismanaging their $1.6 billion retirement plan, after the class replaced its first set of proposed representatives.

  • January 26, 2024

    Teamsters Pension Fund Says Mich. Cos. Owe $18M, Not $15M

    A Michigan furniture manufacturer and its shipping partner owe a Teamsters-affiliated pension fund $18 million and not $15 million over the next 15 years in connection with their 2018 exit from the fund, the fund told an Illinois federal court.

  • January 25, 2024

    Cruise AV Pedestrian Crash Response 'Deficient,' Report Says

    Cruise LLC botched its response to an October pedestrian accident involving one of its autonomous vehicles because of poor leadership and less-than-candid disclosures to regulators, according to a report released Thursday, as Cruise said it is cooperating with several federal investigations into the incident.

  • January 25, 2024

    Public Defender, Whitmer Atty Tapped For Mich. Appeals Court

    Michigan Gov. Gretchen Whitmer on Thursday announced her picks to fill two judicial vacancies on the Michigan Court of Appeals left by the resignations of former Chief Judge Elizabeth L. Gleicher and Judge Douglas B. Shapiro.

Expert Analysis

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

  • What Circuit Split May Mean For FCA Kickback Liability

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    The recent circuit split on the meaning of the resulting-from provision in False Claims Act kickback cases could have significant ramifications for FCA liability, as it could affect the standard of causation that plaintiffs must meet to establish liability, say former federal prosecutors Li Yu, Ellen London and Gregg Shapiro.

  • Opinion

    Congress Should Ban Employee Body Size Discrimination

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    New York City's recent enactment of a law that bans employers from discriminating against applicants and employees because of their height or weight should signal to Congress that now is the time to establish federal legislation that would prohibit such harmful practices, says Joseph Jeziorkowski at Valiant Law.

  • Perspectives

    More States Should Join Effort To Close Legal Services Gap

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    Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

  • Identifying Trends And Tips In Litigation Financing Disclosure

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    Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.

  • Series

    The Pop Culture Docket: Judge Elrod On 'Jury Duty'

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    Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

  • 4 Business-Building Strategies For Introvert Attorneys

    Excerpt from Practical Guidance
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    Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.

  • Opinion

    3 Ways Justices' Disclosure Defenses Miss The Ethical Point

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    The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.

  • Pending 6th Circ. Ruling Has Broad Class Action Implications

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    If the Sixth Circuit decides in FirstEnergy Corp. Securities Litigation to treat alleged half-truths as omissions for the purposes of class certification, public companies would be exposed to near-automatic class certification in nearly every securities case and would face steeper evidentiary hurdles at the merits stages, say attorneys at Willkie.

  • Rethinking Mich. Slip-And-Fall Defense After Top Court Ruling

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    The Michigan Supreme Court recently overturned three decades of premises liability jurisprudence by ruling that the open and obvious danger defense is no longer part of a traditional duty analysis, posing the question of whether landowners will ever again win on a motion for summary dismissal, say John Stiglich and Meriam Choulagh at Wilson Elser.

  • What Courts' Deference Preference Can Mean For Sentencing

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    The Fifth Circuit’s recent U.S. v. Vargas decision deepens the split among federal appeals courts on the level of deference afforded to commentary in the U.S. sentencing guidelines — an issue that has major real-life ramifications for defendants, and is likely bound for the U.S. Supreme Court, say Jennifer Freel and Michael Murtha at Jackson Walker.

  • Caregiver Flexibility Is Crucial For Atty Engagement, Retention

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    As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.

  • What To Watch As Justices Take Up Title VII Job Transfer Case

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    With its recent decision to hear Muldrow v. City of St. Louis, the U.S. Supreme Court has agreed to decide whether an involuntary job transfer can count as employment discrimination under Title VII — an eventual ruling that has potential to reshape workplace bias claims nationwide, says Adam Grogan at Bell Law Group.

  • Strategies To Help Clients When BOP Ignores Medical Needs

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    Defense attorneys should cite recent case law and the expanded compassionate release guidelines, effective Nov. 1, when making any post-sentence application to aid incarcerated clients whose medical needs have been neglected by the Federal Bureau of Prisons, says Marissa Kingman at Fox Rothschild.

  • In-Office Engagement Is Essential To Associate Development

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    As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.

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