Michigan

  • December 05, 2023

    Cleaning Co. Quashes Salesman-Turned-Atty's Firing Suit

    A lawyer who juggled his role as a Michigan county's top prosecutor with a full-time job as a sales manager lost a wrongful termination suit against his former employer Tuesday, with a judge saying concerns the prosecutor voiced about an illegal bid-rigging scheme didn't hold much water given that he took part in the alleged scheme.

  • December 05, 2023

    6th Circ. Seems Split On Chrysler Worker's Firing Bias Suit

    The Sixth Circuit appeared to grapple Tuesday with a worker's push to revive his suit claiming Chrysler-maker FCA US LLC fired him because it saw him as disabled, with one judge seeking more detail from the worker and another pressing FCA on contradictory testimony.

  • December 05, 2023

    Objectors Try, Again, To Derail Mich. Tax Foreclosure Deal

    Class members opposing a proposed settlement between 43 Michigan counties and homeowners who seek the profits the counties made selling their tax-foreclosed homes are now saying several class representatives have died during the litigation, and questioning if others in the case actually owned the properties in question.

  • December 05, 2023

    6th Circ. Casts Skeptical Eye On Dykema's Age Bias Win

    The Sixth Circuit seemed likely to revive a former Dykema Gossett PLLC legal secretary's suit claiming she was terminated shortly after turning 50, with judges questioning Tuesday whether it's plausible that the ex-employee's manager was oblivious to age-based comments made about her subordinate.

  • December 05, 2023

    6th Circ. Unmoved By Straight Worker's Demotion Bias Suit

    The Sixth Circuit backed the dismissal of a former worker's suit claiming she was denied a promotion and demoted by Ohio's Department of Youth Services for being straight, ruling that the lower court was right to find she needed more proof to establish a pattern of prejudice.

  • December 04, 2023

    Judge Grounds Airport's Bid To Keep PFAS Suit In Fed. Court

    The Gerald R. Ford International Airport in western Michigan must litigate state environmental regulators' forever chemical cleanup lawsuit in state court because the airport authority hasn't shown that it handled the hazardous materials under any specific direction by the federal government, a federal judge ruled Monday.

  • December 04, 2023

    Cruise Must Explain Report Lag After Vehicle Dragged Pedestrian

    Cruise LLC must answer for not immediately telling the California Public Utilities Commission after one of its driverless vehicles dragged a pedestrian 20 feet, an administrative law judge has ruled, ordering the company to explain at a February hearing why it shouldn't be punished for withholding information and publicly misrepresenting its cooperation with the commission.

  • December 04, 2023

    Taxpayers Group, Realtors Back Homeowners' High Court Bid

    Two right-leaning think tanks and a group representing Michigan real estate agents filed friend-of-the-court briefs at the Michigan Supreme Court last week backing former property owners in their quest to recover profits a county government reaped selling land seized over unpaid tax debt.

  • December 04, 2023

    Special Master Orders Travelers Atty To Sit For PFAS Depo

    A Travelers Indemnity Co. attorney must be compelled to sit for a deposition in a PFAS coverage suit launched against the insurer by footwear company Wolverine World Wide Inc., a special master in the lawsuit in Michigan federal court has ordered, despite Travelers' argument that, as in-house counsel, the attorney should be shielded.

  • December 04, 2023

    Detroit Tigers Purged Older Workers, Ex-Employee Says

    A former clubhouse manager for the Detroit Tigers baseball team urged a Michigan federal court not to toss his suit claiming he was fired because he was nearly 60 years old, arguing his termination was part of a team executive's elimination of older workers.

  • December 04, 2023

    New Mich. Judge 'Unflappable' In Face Of Crisis

    Susan K. DeClercq is hitting the books as she prepares to hear her first case next month. Former colleagues say the new addition to the Michigan federal bench is levelheaded and a proven leader.

  • December 01, 2023

    Judge Chides Tribe Seeking Blue Cross Default As 'Obstinate'

    A federal judge on Friday nixed a Native American tribe's latest bid for default judgment against Blue Cross Blue Shield of Michigan under the Employee Retirement Income Security Act and the state's Health Care False Claims Act, saying the tribe, like the insurer, has been "obstinate" during the suit's discovery phase.

  • December 01, 2023

    Justices Call O'Connor 'American Hero,' 'Perfect Trailblazer'

    Following news of retired U.S. Supreme Court Justice Sandra Day O'Connor's death at the age of 93, current and former high court justices paid public homage to her trailblazing career, devotion to the rule of law and illuminating charisma.

  • December 01, 2023

    Former Clerks Say Justice O'Connor Still Worth Emulating

    BigLaw attorneys mentored by former U.S. Supreme Court Justice Sandra Day O'Connor, who died Friday after a lengthy battle with dementia, say she'll be remembered as an incisive jurist who always put facts and practical considerations above abstract ideological commitments, as well as a deeply gracious and down-to-earth woman who never let her dedication to the law overshadow her zest for life.

  • December 01, 2023

    Mich. Justices Leave 'Ethical Quandaries' Be In Nurse Appeal

    A divided Michigan Supreme Court has rejected the appeal of a hospital nursing manager fired for breaching patient confidentiality in a conversation with her lawyer, with two justices saying their colleagues were ducking an important question for Michigan attorneys: whether a communication with one's lawyer can be a "whistleblower" report.

  • December 01, 2023

    Mich. Trump Opponents Turn To History To Boost DQ Bid

    Michigan residents opposing former president Donald Trump's eligibility to be reelected said a state court was wrong to find their constitutional challenge was a question for Congress, relying on centuries-old history to argue state courts have the authority to consider whether Trump should be disqualified.

  • December 01, 2023

    Mich. Latest To Have PBMs Get Licenses To Operate In State

    In 2024, pharmacy benefit managers in Michigan must begin applying for licenses and pay a $5,000 fee, according to new requirements the state's Department of Insurance and Financial Services unveiled this week.

  • December 01, 2023

    Mich. Commission OKs Enbridge's Line 5 Pipeline Tunnel

    Michigan's Public Service Commission approved a siting permit Friday for Enbridge Energy LP's controversial plan to replace two aging pipelines that cross the Straits of Mackinac between Lake Michigan and Lake Huron with a new pipeline in an underground tunnel — a decision tribes and conservation groups blasted as reckless.

  • December 01, 2023

    Mich. Couple Can't Shake Town's Illegal Animal Farm Suit

    The Michigan Court of Appeals sided with the charter township of Port Huron in its suit over a local married couple's allegedly illegal animal farm, ruling that the married couple couldn't cite the state's Right to Farm Act again to argue that it preempted the charter township's animal farm ordinance.

  • December 01, 2023

    Ex-Mich. Hockey Player Sues Over Antisemitism Accusation

    A former defenseman on the University of Michigan hockey team sued a watchdog website in Michigan federal court Friday, accusing the site of falsely smearing him as antisemitic and tanking his reputation.

  • December 01, 2023

    GM Says No Proof Plaintiff's Engine Guzzles Oil

    General Motors LLC asked an Ohio federal judge to throw out a driver's class action claims alleging the automaker knowingly sold vehicles with engines that consume excess oil and wear out piston rings too soon, arguing there is no evidence her car even has the alleged defect.

  • December 01, 2023

    Race Bias Suit Doesn't Need 'Magic Words,' 6th Circ. Rules

    The Sixth Circuit has revived a minority-owned government contractor's racial discrimination claim against a consultant who allegedly made false statements about it to a Detroit suburb, ruling in a precedential opinion that a lower court wrongly dinged the contractor for not using "magic words" in its civil rights complaint.

  • December 01, 2023

    Whirlpool Injunction Row Raises Circuit Split, Chinese Co. Says

    A Chinese company embroiled in a trademark dispute with Whirlpool Corp. over the latter's iconic KitchenAid stand mixers has urged the U.S. Supreme Court to review whether personal jurisdiction is required for preliminary injunctions, saying a Fifth Circuit decision that prohibited it from selling its products "creates a dangerous precedent."

  • December 01, 2023

    3 December Argument Sessions Benefits Attys Should Watch

    Physicians' groups will ask the Sixth Circuit to reinstate their suit claiming the federal government is illegally forcing them to provide gender transition-related care, while American Airlines pilots will try to get their military leave class action back on track at the Third Circuit. Here, Law360 looks at three appellate argument sessions that should be on benefits attorneys' radar in December.

  • December 01, 2023

    4 Decisions For Which Justice O'Connor Will Be Remembered

    Many of the hotly divided cases at the U.S. Supreme Court came down to Justice Sandra Day O’Connor, a central force on the bench whose savviness at striking compromises and taking a pragmatic approach to resolve disputes is on full display in four opinions.

Expert Analysis

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    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.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    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.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    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.

  • Industry Must Elevate Native American Women Attys' Stories

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    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.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    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.

  • An Overview Of Circuit Courts' Interlocutory Motion Standards

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    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.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    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.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    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.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    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.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    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.

  • General Counsel Need Data Literacy To Keep Up With AI

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    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.

  • Navigating Discovery Of Generative AI Information

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    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.

  • Finding Focus: Strategies For Attorneys With ADHD

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    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.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    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.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    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.

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