Michigan

  • March 18, 2024

    Atty For Ex-Overstock CEO Admits Dominion Discovery Leaks

    A lawyer representing former Overstock.com CEO Patrick Byrne against a defamation lawsuit from Dominion Voting Systems admitted to a D.C. federal judge on Monday that she shared Dominion's discovery documents with law enforcement as Dominion's attorneys decried the leak as a flagrant violation of a court protective order.

  • March 18, 2024

    Trucking Co. Won't Get New Trial For $78M Crash Judgment

    A Detroit judge said on Monday that attorneys for a father and son killed in a 2018 tractor-trailer crash did not commit misconduct by telling a jury about the circumstances leading up to the crash because they were trying to prove damages for the fright the two experienced before they died.

  • March 18, 2024

    New York Magazine Urges Judge To Toss Reader Privacy Suit

    New York Magazine says it has too few Michigan-based subscribers for them to maintain a class action under a Michigan consumer privacy law, urging a judge to toss claims that it wrongfully disclosed readers' data to third parties.

  • March 18, 2024

    Electric Battery Maker Says Mich. Officials Impeding $2B Plant

    Gotion Inc. accused a Michigan township of going back on its promise to help the electric vehicle battery manufacturer get governmental approvals to build a components plant in which it plans to invest over $2 billion.

  • March 18, 2024

    Developers Say Mich. Township Thwarted Pot Dispensary

    A local cannabis advocacy group that includes real estate developers has sued a Michigan township in federal court, alleging elected officials have impeded a proposal to build a medical and adult-use dispensary despite residents' support and additional tax revenue the municipality will reap.

  • March 18, 2024

    Home Solar Co.'s Ex-CEO Wants Out Of Faulty-Panel Suit

    The CEO of a bankrupt solar company asked a Michigan federal judge on Monday to toss a lawsuit from a couple who purchased a solar system they claim was defective, saying having a "distinctive leadership style" does not make him an alter ego for the company.

  • March 15, 2024

    Sugar Giants Hit With Antitrust Suit Over Alleged Price-Fixing

    A class action filed in New York federal court Thursday alleges that the biggest players in the domestic sugar industry have been engaged in a price-fixing scheme for years.

  • March 15, 2024

    Mich. Justice David Viviano Won't Seek Reelection

    Michigan Supreme Court Justice David F. Viviano announced late Friday that he will not run for reelection this fall and will leave the court when his term expires at the end of this year.

  • March 15, 2024

    'Perplexed' Mich. Panel Restores Eye Doc's $227K Fee Award

    An ophthalmologist who emerged victorious from a decade-long battle over a noncompete agreement with his previous employer should not lose his attorney fee award because of late-breaking evidence that undermined his win, a Michigan state appeals court has ruled.

  • March 15, 2024

    Mich. Judge Wrong To Toss Weather Expert From Icy Fall Suit

    A trial court judge erred by finding that a weather expert's testimony wouldn't be relevant in a caretaker's suit alleging she slipped on black ice at her employer's property, a Michigan appellate panel has said, holding that the weather leading up to and during her fall is directly related to her claims.

  • March 15, 2024

    Detroit Tigers Can't Shut Out Ex-Worker's Age Bias Suit

    A Michigan federal judge said Friday a jury should hear a 58-year-old former Detroit Tigers clubhouse manager's claims that he was fired because of his age, pointing to a record that could show his boss had a pattern of replacing older workers with younger ones.

  • March 15, 2024

    Justices Craft Test To Decide If Social Media Use Is Official

    The U.S. Supreme Court adopted a new test Friday to determine if a public official's social media use constitutes state action subject to liability under the First Amendment, instructing courts to consider whether the official had authority to speak on the government's behalf and whether they purported to do so in the challenged action.

  • March 14, 2024

    GM, LexisNexis Sued For Sharing Driving Data With Insurers

    A Florida driver claims his insurance rate doubled because General Motors and its OnStar unit collected driving data through his Cadillac without permission and shared the information with LexisNexis Risk Solutions, which created a vague driving behavior report that insurance companies use to determine coverage, according to a putative federal class action.

  • March 14, 2024

    'Secret Meeting' Settlement OK Draws Mich. Justices' Scrutiny

    A Michigan Supreme Court justice expressed discomfort Thursday with the idea that government officials could ratify a settlement in a closed-door meeting without consequences, in a case brought by three insurers against a county government's road agency trying to back out of a settlement to which it says it never agreed. 

  • March 14, 2024

    FTC Says Consolidation Endangering Infant-Formula Market

    The Federal Trade Commission has found the country's small number of baby formula manufacturers and the effects of a federal nutrition program contributed to shortages in 2022 and are still making the supply chain vulnerable to disruption.

  • March 14, 2024

    Atty Evading Warrant Fights Fingerprinting In Election Case

    A Michigan attorney refusing to turn herself in after missing a hearing in a criminal case alleging that she tampered with voting machines urged a state appellate court Wednesday to halt the proceedings against her, saying the trial court's demand that she get fingerprinted violates her privacy.

  • March 14, 2024

    Mich. AG Taps Enviro, Regulatory Chiefs As Deputy AGs

    The Michigan Attorney General's Office on Wednesday announced the promotions of two division heads to deputies and the creation of new criminal divisions to focus on victims' services and conviction integrity.

  • March 14, 2024

    Ford Slammed For Bid To 'Sidestep' Faulty Axle-Bolt Suit

    Two Washington SUV owners suing Ford for allegedly slacking on safety in newer Explorer models have accused the vehicle maker of trying to "sidestep liability" in their proposed class action by pointing to two recalls that didn't address the design flaw at issue.

  • March 14, 2024

    Most States Fall Short In Disclosing Justices' Finance Reports

    The vast majority of state supreme courts make it exceedingly difficult for the public to get information about justices' financial entanglements, and the information they do give out is often scant at best, according to a report released Thursday.

  • March 14, 2024

    Whirlpool Can't Toss Defect Suit Over Ice Buildup In Fridges

    A California federal judge has declined to throw out a putative class action claiming Whirlpool hid a defect in its refrigerators that led to cooling failures due to frost buildup, finding the suit sufficiently alleged Whirlpool knew of the problem since it issued technical service pointers noting customers could possibly experience buildup.

  • March 13, 2024

    6th Circ. Kills Orders On Calculating Delivery Driver Costs

    A Sixth Circuit panel has swept away rulings from courts in two separate states — one that sided with pizza delivery drivers and another that sided with the restaurants — over how drivers should be reimbursed for using their cars to make deliveries, saying they both got it wrong.

  • March 13, 2024

    Mich. Justice Torn Over 'Unfairness' Of Law In Treadmill Suit

    A Michigan Supreme Court justice on Wednesday seemed sympathetic to the plight of a woman who was injured when she fell off a treadmill because federal court proceedings affected her ability to timely bring state claims but said he didn't think the state's top court could tackle the likely legislative issue.

  • March 13, 2024

    Versata Wants Axed $105M Ford Verdict Revived Or Expanded

    Versata Software has urged the Federal Circuit to undo a Michigan federal judge's decision erasing a nearly $105 million trade secrets and breach of contract verdict it won against Ford, and argued that it was wrongly barred from presenting damages theories seeking up to $1.3 billion.

  • March 13, 2024

    Atty Who Skipped Vote-Tampering Hearing Can't Ditch Warrant

    A Michigan judge on Wednesday urged counsel for a lawyer evading a bench warrant to direct his client to turn herself in, rejecting claims previous counsel didn't adequately inform her of a hearing she skipped in a case where she's alleged to have tampered with voting machines after the 2020 election.

  • March 13, 2024

    Mich. Justices Open To Counties' Foreclosure Liability Fears

    Two members of the Michigan Supreme Court seemed sympathetic to Michigan counties urging the court to limit their liability for holding onto surplus tax foreclosure proceeds, highlighting during oral arguments that counties were following state law in a practice that was later deemed unconstitutional.

Expert Analysis

  • 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.

  • Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

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    The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • What Large Language Models Mean For Document Review

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    Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

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