Michigan

  • June 25, 2024

    DOL Must Rethink Tossing UAW Member's Election Challenge

    The U.S. Department of Labor must take a second look at a United Auto Workers member's challenge to a union officer election, a Michigan federal judge ruled Tuesday, saying the agency should have weighed in on 30 of the members' objections instead of dismissing them as untimely.

  • June 25, 2024

    CEO Claims She Was Pushed Out, Told To Focus On Family

    The former chief executive officer of a petroleum distributor said in a complaint filed Monday that she was forced out of her position and replaced by a man after her mother, the board chair, told her to focus on spending time with her family.

  • June 25, 2024

    Fed. Circ. Revives Class Action Against Feds' Visa Fraud Sting

    The Federal Circuit on Tuesday revived an Indian citizen's class action to recover tuition payments to a fake university the U.S. Department of Homeland Security set up to catch visa fraudsters, saying the lower court wrongly determined it lacked jurisdiction.

  • June 24, 2024

    6th Circ. Backs University's Win In ADA Bias, Retaliation Suit

    The Sixth Circuit refused Monday to revive a former Western Michigan University employee's lawsuit claiming he was fired for requesting accommodations for his attention-deficit/hyperactivity disorder, ruling Congress didn't have the power to eliminate states' immunity from retaliation claims under federal disability law.

  • June 24, 2024

    Sierra Club Says Mich. Power Co. Liable For Illegal Pollution

    The Sierra Club and a small town in Michigan are looking to hold a power plant partially liable for air pollution produced by a steel factory, claiming in amended complaints filed Monday that many of the factory's regulatory compliance failures can be traced back to energy company employees.

  • June 24, 2024

    Illinois, Other States Back FTC Bid To Affirm Intuit Ad Ruling

    Illinois, along with 20 other states and the District of Columbia, defended the Federal Trade Commission in tax software giant Intuit's Fifth Circuit constitutional challenge to the agency's findings that the company engaged in deceptive advertising, saying in an amicus brief that the FTC's conclusion was correct.

  • June 24, 2024

    Mich. Justices Take Up Young Adults' Life Sentence Challenge

    Michigan's top court will weigh whether the state's mandatory life sentence for murder is unconstitutional when applied to young adults, after 19- and 20-year-olds argued that a 2022 precedent banning the punishment for 18-year-olds should extend to them.

  • June 24, 2024

    Mortgage Co. Fights To End Borrowers' RICO 'Smear' Suit

    United Wholesale Mortgage has urged a Michigan federal judge to toss a putative class action claiming it violated the Racketeer Influenced and Corrupt Organizations Act by forcing brokers to originate loans through UWM, arguing the suit is an illegitimate "smear" attempt to tarnish UWM's reputation to benefit hedge fund short-sellers.

  • June 24, 2024

    Mich. High Court Denies Officers' Judge-Shopping Appeals

    A divided Michigan Supreme Court has rejected the appeals of three police officers facing charges related to a traffic-stop assault who complained that their cases should not have been handed to a new judge mid-prosecution.

  • June 24, 2024

    High Court Won't Take Up Michigan Tribal Tag Dispute

    The U.S. Supreme Court on Monday declined to take up a petition by a Native American man seeking to overturn a Michigan Supreme Court order that denied him the chance to appeal his traffic stop convictions stemming from a dispute over tribal-licensed tags.

  • June 24, 2024

    $2.9M Health Co. Data Breach Settlement Gets Final Approval

    A Michigan federal judge has given final approval to a $2.9 million deal for a maker of prosthetics and orthotics to settle claims the company didn't protect customers' sensitive information from a cyberattack.

  • June 24, 2024

    6th Circ. Won't Rethink Partial Revival Of Sanofi Pollution Suit

    The full Sixth Circuit has declined to review a split panel's decision reviving parts of a Sanofi unit's lawsuit against a Tennessee landfill owner it accused of improperly shuttering the dump, which then led to the contamination of water at its property.

  • June 24, 2024

    Justices Affirm 6th Circ. Decision Allowing Bump Stocks

    The U.S. Supreme Court on Monday rejected the government's appeal of a Sixth Circuit decision blocking the Bureau of Alcohol, Tobacco, Firearms and Explosives' ban on so-called bump stocks, after finding in a separate case that the ATF rule went beyond the agency's authority.

  • June 24, 2024

    High Court To Review State Gender Care Bans

    The U.S. Supreme Court on Monday agreed to review a Sixth Circuit decision that allowed Tennessee to keep in place a new ban on gender-affirming care for minors.

  • June 21, 2024

    Real Estate Recap: Distressed Deals, Housing Hurdles, Infill

    Catch up on this week's key state developments from Law360 Real Estate Authority — including tips for guiding distressed office deals, the latest intel from Harvard University's Joint Center for Housing Studies, and how one U.S. city has been a magnet for federal funding of brownfield projects.

  • June 21, 2024

    DC Better Match For Net Neutrality Suits, 6th Circ. Told

    A public interest group urged the Sixth Circuit to move lawsuits over the Federal Communications Commission's net neutrality rules to the D.C. Circuit, saying the lottery that put the cases in Cincinnati was not enacted to keep litigation out of D.C.

  • June 21, 2024

    Mich. Appeals Panel Rescinds Coverage For Auto Policy Fraud

    A Michigan appeals court panel said a trial court was wrong for not rescinding auto insurance coverage held by a woman who made misstatements on her insurance application before she was injured in an accident. 

  • June 21, 2024

    Wolverine Inks Deal To End PFAS Coverage Fight

    Footwear company Wolverine and one of its insurers have told a Michigan federal judge that they have reached a settlement in a coverage dispute over underlying chemical exposure actions, saying they "have agreed to a signed, confidential term sheet to resolve this action."

  • June 21, 2024

    Ex-GM Workers Can't Prove Anti-White Bias

    A Michigan appeals court rejected efforts from two former General Motors workers to revive claims that they were fired because they are white, ruling that they fundamentally misunderstood the law and failed to rebut GM's argument that their persistent use of coarse language led to the firings.

  • June 21, 2024

    Mich. Panel Says Default Judgment Covered Per No-Fault Law

    A Progressive unit must pay a $250,000 default judgment in a motor vehicle negligence case even though the insurer said its policyholder failed to cooperate, a Michigan appeals court ruled, finding a state Supreme Court decision predating Michigan's no-fault insurance reform was still applicable.

  • June 21, 2024

    6th Circ. Says Counties Not On Hook For Mich. Dam Collapse

    A Sixth Circuit panel agreed that two Michigan counties can't be forced to compensate homeowners for destructive flooding caused by a dam's collapse, finding Thursday that the counties did not cause the damage to the homeowners' properties.

  • June 21, 2024

    Justices Strengthen Jury Trial Rights For Stiffer Sentences

    The constitutional rights to due process and trial by jury extend to a pivotal prong of a prominent sentencing enhancement for recidivism, the U.S. Supreme Court held in a Friday decision that casts doubt on many incarcerations and promises to reshape future trials.

  • June 20, 2024

    FCC Slams Bid In 6th Circ. To Put Net Neutrality On Hold

    The Federal Communications Commission told the Sixth Circuit on Tuesday it should pay no heed to a collection of net neutrality challengers arguing that "dire consequences" will ensue if the appellate court doesn't stop the agency from reinstating open internet regulations while the two sides argue the matter out in court.

  • June 20, 2024

    Ford Battery Factory Challenge Unplugged By Mich. Panel

    Michigan appellate judges affirmed the dismissal of a lawsuit seeking to block Ford Motor Co.'s plans to build an electric vehicle battery plant in the state, finding the factory's opponents weren't entitled to a citywide vote on the rezoning of the plant site.

  • June 20, 2024

    Mich. Insurer Owes Tax On Mailed Ads, Appeals Court Says

    A Michigan life insurance company owes use tax on advertisements mailed by an out-of-state contractor, the Michigan Court of Appeals ruled Thursday, upholding a lower court's decision.

Expert Analysis

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Patent Lessons From 7 Federal Circuit Reversals In May

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    A look at recent cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court provide guidance on how to succeed on appeal by clarifying the obviousness analysis of design patents, the finality of a judgment, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • Live Nation May Shake It Off In A Long Game With The DOJ

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    Don't expect a swift resolution in the U.S. Department of Justice's case against Live Nation, but a long litigation, with the company likely to represent itself as the creator of a competitive ecosystem, and the government faced with explaining how the ticketing giant formed under its watch, say Thomas Kliebhan and Taylor Hixon at GRSM50.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

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