Michigan

  • June 18, 2024

    6th Circ. Asks Who's A 'Consumer' In Meta Data Sharing Case

    Sixth Circuit judges questioned how a decades-old federal privacy law aimed at protecting people's video rental history applies to website users, as one customer argued Tuesday that the court should revive claims that Paramount unlawfully shared his data with Meta, Facebook's parent company.

  • June 18, 2024

    AIG Unit Says Exclusions Bar Pet Supply Co.'s BIPA Claims

    An AIG unit has told a Michigan federal court a pet supply store isn't owed defense for an underlying class action brought by employees alleging the store violated the Illinois Biometric Information Privacy Act, maintaining that a "recording and distribution" exclusion and "employment-related practices exclusion" were triggered.

  • June 18, 2024

    Crypto Firm Latinum Can't Arbitrate Investors' Fraud Suit

    A Michigan federal judge discerned that crypto firm Bitcoin Latinum can't send claims it duped investors out of promised digital assets to arbitration considering it didn't raise the issue in the two years since the suit was brought.

  • June 18, 2024

    Sterling Bank Ex-CEO Won't Face Charges Over Loan Program

    The founder and former CEO of Sterling Bank and Trust, who has been investigated in connection with a fraud-plagued loan program, will not face criminal charges from the U.S. Department of Justice, according to Michigan federal court documents filed Monday.

  • June 18, 2024

    Ford Says Sanctions Violated Due Process In $1.7B Case

    Attorneys for Ford Motor Co. urged the Georgia Court of Appeals on Tuesday either to order a new trial or substantially reduce a record-setting $1.7 billion punitive damages verdict returned against the automaker in litigation over a fatal rollover, arguing the award resulted from "death penalty sanctions" that essentially directed a verdict against it.

  • June 18, 2024

    Panel Laments 'Hunger Games' Tactics In Mich. Judicial Races

    A Michigan Court of Appeals panel has expressed concern that judicial candidates are weaponizing the complexity of Michigan's filing requirements to eliminate their competition, with one judge commenting that "contests for vacant judgeships all too often have turned into the Hunger Games." 

  • June 18, 2024

    Mich. AG To Pursue Deadlocked Charges In Carhartt Atty Case

    Prosecutors will continue pursuing embezzlement charges against a Michigan attorney accused of stealing from his client, a former leader of the Carhartt workwear company, after a Wayne County jury couldn't reach a decision on those claims but acquitted the attorney on other charges.

  • June 17, 2024

    Mich. Judge Unsure If Town's Pot Co. Shutdown Broke Lease

    A commercial landlord will have to go to trial on claims of unpaid rent against a combination medical marijuana grow and sign-making company, a Michigan state judge ruled, saying a jury must decide if the local government's decision to force the cannabis shop out voids the lease.

  • June 17, 2024

    6th Circ. Sends Enbridge Pipeline Dispute To Mich. State Court

    A Sixth Circuit panel on Monday remanded a dispute between Michigan's attorney general and Enbridge Energy that looks to shut down dual pipelines that cross the Straits of Mackinac, saying the company failed to timely remove the case to federal court and there are no equitable exceptions to do so.

  • June 17, 2024

    Chrysler MDL Class Can Fix 'Puzzling' State Claim Skip

    A Michigan federal judge has said he will give a class of drivers alleging Chrysler minivans have a defect that causes their batteries to explode unexpectedly an opportunity to fix their "puzzling" choice not to plead state-by-state claims in the first master complaint of the sprawling multidistrict litigation.

  • June 17, 2024

    6th Circ. Says Labor Law Doesn't Bar Bias Case Against GM

    The Sixth Circuit revived a Black former General Motors employee's lawsuit Monday alleging he was denied a raise, demoted and suspended because of his race and post-traumatic stress disorder, ruling a lower court was wrong to say federal labor law preempted his bias claims.

  • June 17, 2024

    Insurers Ask 6th Circ. To Undo $13.3M Murder Coverage Loss

    Two Liberty Mutual units said their insurers must reimburse them for a $13.3 million judgment stemming from a murder in a Florida motel, urging the Sixth Circuit on Monday to toss a lower court's ruling that a demand letter in the underlying suit didn't constitute a claim for bad faith.

  • June 17, 2024

    Mich. Justice Wants Tax-Break Filing Options After Mail Fiasco

    A Michigan Supreme Court justice called on the state Legislature to give taxpayers more flexibility in claiming property tax exemptions after a company lost out on an exemption because the U.S. Postal Service never delivered its paperwork.

  • June 14, 2024

    FCA Boss' N-Word Use Not Enough For Racial Bias Suit

    A Black FCA worker's allegations that his supervisor used the N-word twice and that it was written on the bathroom wall are not enough to prove he experienced a hostile work environment or was prevented from doing his job, a Michigan appeal panel has ruled.

  • June 14, 2024

    Real Estate Recap: Special Servicers, 'Dirty' Money, Alt Energy

    Catch up on this week's key developments by state from Law360 Real Estate Authority — including recent litigation targeting special servicers, a 700% increase in brownfield funding, and one BigLaw real estate leader's take on alternative energy as interest rates hold steady.

  • June 14, 2024

    Janssen Hit With $150M Verdict In HIV Drug False Claims Suit

    A New Jersey federal jury hit Janssen with a $150 million False Claims Act verdict in a 12-year-old whistleblower suit, finding that the drugmaker violated the federal law as well as 27 related state FCA statutes by illegally profiting from the off-label marketing of two popular Janssen HIV medications.

  • June 14, 2024

    Daimler Truck Unit Says Mexican Supply Slowdown Cost $18M

    A Daimler Truck subsidiary claimed in a lawsuit filed in Michigan federal court that a supplier's failure to keep up with production volumes has forced the diesel-engine manufacturer to stall its own production and lose more than $18 million.

  • June 13, 2024

    Youth Org. Not Covered For Ex-Worker's Claim, 6th Circ. Rules

    A sexual misconduct exclusion bars a youth advocacy organization's bid for coverage of an ex-employee's claim that they were sexually harassed and assaulted by a supervisor, the Sixth Circuit affirmed Thursday, saying the organization's failure to raise certain arguments before the district court was fatal to its appeal.

  • June 13, 2024

    Mich. Co. Claims Mexico Owes $2.7B For Illegal Land Grab

    A Michigan consumer products manufacturer has asked an international tribunal to order Mexico to pay it $2.7 billion, saying the country wrongfully seized 700 acres of the company's agricultural land in the Mexican state of Jalisco.

  • June 13, 2024

    Monsanto Can't Plead Ignorance On PCB Pollution, Cities Say

    Chicago suburbs looking to hold Monsanto and related businesses accountable for their financial share of reducing pollutants in water that flows into Lake Michigan urged an Illinois state court to keep their case alive, arguing the companies should have known about the dangers of the chemicals in products.

  • June 13, 2024

    Mich. Judge Calls 'Foul' On Mail-In Ballot Signature Guidance

    A Michigan judge on Wednesday struck down guidance issued to election clerks to presume signatures on mail-in ballots are valid, siding with Republican groups who argued that the guidance was incompatible with state law.

  • June 13, 2024

    Michigan Supreme Court Curbs Voter Interference Law

    The Michigan Supreme Court narrowed the reach of a law criminalizing voter intimidation Thursday due to fears it could be used to chill political speech, sending prosecutions for robocalls that aimed to suppress Black voter turnout back to an appellate panel for more review.

  • June 13, 2024

    Starbucks Must Share Hot-Drink Training Info In Burn Suit

    Starbucks must turn over information on how it trains employees to handle hot drinks at drive-throughs and on recent complaints received in the Detroit area, a Michigan federal judge said Thursday after finding the information is relevant to a customer's suit alleging she was severely burned when a lid popped off her hot tea cup.

  • June 13, 2024

    6th Circ. Skeptical Of Takings Theory In Mich. Dam Collapse

    Property owners whose homes were damaged in flooding caused by a hydroelectric dam collapse met pushback from Sixth Circuit judges Thursday, in their case arguing local governments must compensate them for their losses under a Fifth Amendment takings theory.

  • June 13, 2024

    Supreme Court Tightens NLRB Injunction Test

    The U.S. Supreme Court made it tougher for the National Labor Relations Board to win injunctions against employers Thursday in a case involving Starbucks, directing courts to strictly apply a four-factor test when the board sues to stem alleged unfair labor practices.

Expert Analysis

  • 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.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • Fed. Circ. Scrapping Design Patent Tests Creates Uncertainty

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    The Federal Circuit last week discarded established tests for proving that design patents are invalid as obvious, leaving much unknown for design patent applicants, patentees and challengers, such as what constitutes analogous art and how secondary references will be considered and applied, say attorneys at Sterne Kessler.

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

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