Michigan

  • July 12, 2024

    Real Estate Recap: Mall Makeovers, Military Land, Fundraising

    Catch up on this week's key developments by state from Law360 Real Estate Authority, including one Big Four retail leader's take on mall potential, the U.S. Treasury's increasing scrutiny of land deals with national security concerns, and a midyear look at private real estate fundraising trends.

  • July 12, 2024

    Tequila Co. Wants Out Of Brewer's 'Dragon's Milk' TM Suit

    A Mexican tequila company said a judge should dismiss a trademark action filed by a Michigan craft brewer to protect its use of the name "Dragon's Milk," saying it hasn't threatened to assert infringement of its "Casa Dragones" mark.

  • July 12, 2024

    6th Circ. Delays FCC's Net Neutrality Effective Date

    The Sixth Circuit on Friday delayed the effective date of the Federal Communications Commission's net neutrality rules by two weeks to give the court more time to consider an indefinite hold on the regulations during a legal challenge.

  • July 12, 2024

    Package Plea Deals Need More Scrutiny, Mich. Justices Say

    The Michigan Supreme Court said Friday that package plea bargains deserve more analysis due to the potential for co-defendants to pressure each other into taking a deal, with two justices sharply dissenting and cautioning the decision would increase trial court workloads and discourage prosecutors from offering deals.

  • July 12, 2024

    Retired MSU Law Profs' Fraud Claims Get Tossed

    Two ex-law professors can't sue their former employer for allegedly not honoring a benefits agreement because the law school ceased to exist when it merged with Michigan State University, a Michigan Court of Appeals panel ruled Thursday.

  • July 11, 2024

    Customers Want Domino's Kept In BIPA Voiceprint Suit

    Domino's Pizza customers told an Illinois federal judge Wednesday that the chain's corporate parent should face their lawsuit over the state's biometric privacy law, saying Domino's can't shield itself given the "unusually high degree of control" it has over the subsidiaries that ultimately own the restaurants they ordered from.

  • July 11, 2024

    Fire Fee Reversal Risks 'Chaos' For Cities, Detroit Says

    The city of Detroit urged Michigan Supreme Court justices to leave in place a decision that said its fire inspection fees are not a disguised unlawful tax because reversing it could send municipalities into "chaos" over their permit and license fee practices.

  • July 11, 2024

    Condo Owner Can Sue Over Icy Sidewalk, Mich. Justices Rule

    A condominium owners' association can be sued by a member who slipped on ice in a common area, the Michigan Supreme Court ruled Thursday, finding an association has a duty to exercise reasonable care to protect condo owners in shared spaces.

  • July 11, 2024

    Fiat Chrysler Says Exploding Minivan MDL Still Lacks Detail

    A Stellantis unit has asked a federal judge in Michigan to significantly pare back multidistrict litigation over a risk of spontaneous explosion in certain Chrysler plug-in hybrid minivans, arguing that many drivers' state claims are stale or are otherwise legally flawed.

  • July 11, 2024

    GM's $50M Faulty Fuel Pump Deal Gets Early OK

    A Michigan federal judge on Thursday indicated he would give the initial approval to a $50 million settlement to end class claims that General Motors LLC sold trucks with faulty fuel pumps, clearing the way for GM to drop a Sixth Circuit appeal. 

  • July 11, 2024

    Biden Floats $2B To Drive US Auto Industry's EV Pivot

    The Biden administration on Thursday unveiled its latest initiative to bolster domestic automotive production by offering nearly $2 billion in grants to convert 11 auto manufacturing and assembly facilities that have been shuttered or are at risk of closing to build electric vehicles and related components.

  • July 10, 2024

    Nassar Sex Abuse Law Not Retroactive, Mich. Justices Say

    The Michigan Supreme Court ruled on Wednesday that a legislative change to extend civil suit deadlines for certain victims of sexual assault as minors does not apply retroactively, finding that claims from a man who said he was assaulted by a priest in the 1990s were untimely.

  • July 10, 2024

    MGM's Suit Against Mich. Tax For Ill. Riverboat Sale Tossed

    A Michigan subsidiary of MGM failed a requirement to request an alternative apportionment method before going to court in its challenge of a corporate income tax assessed on gains from its sale of an interest in a riverboat casino, the state Court of Claims ruled.

  • July 10, 2024

    Mich. County Fights To Keep $217M Edenville Dam Repair Tax

    Homeowners attacking a localized tax to fund the reconstruction of four dams have already had a chance to contest the assessment and shouldn't get a second one, a Michigan county told a federal judge Tuesday.

  • July 10, 2024

    Ousted Mich. GOP Chair Can't Get Appeal Before Convention

    A Michigan state appeals court will schedule arguments sooner than usual in former Michigan GOP Chair Kristina Karamo's appeal of a ruling removing her from power, but won't hear the case before the Republican National Convention next week or the state's August primary election.

  • July 10, 2024

    Bankruptcy Filing Halts Dueling Unions' Defamation Dispute

    One of two security and law enforcement unions embroiled in defamation suits in Michigan federal court has informed the court that it has filed for bankruptcy in Pennsylvania, pausing the claims against it a week before trial.

  • July 10, 2024

    Insurer, Property Cos. Settle Lead Poisoning Coverage Suit

    An insurer for a Detroit property owner and manager told a Michigan federal court they have settled their coverage dispute over a woman's claims that her 2-year-old girl suffered lead poisoning at the property, which she said was left in a state of disrepair.

  • July 10, 2024

    DOI Pledges $120M For Tribal Climate Resiliency Efforts

    The Biden administration said Tuesday that it's making $120 million available to help Native American tribes plan and prepare for climate change threats.

  • July 09, 2024

    Ford Must Face Class Claims Over Oil Pump Defect

    Ford must continue facing a proposed class action alleging it sold EcoBoost engine vehicles with faulty oil pumps after a Delaware federal judge on Monday largely denied the automaker's bid to dismiss the case, permanently tossing only one claim that alleged violations of Michigan's Consumer Protection Act.

  • July 09, 2024

    Industry, FCC Argue Net Neutrality's Fate After Chevron's Fall

    Industry groups and the Federal Communications Commission filed competing briefs with the Sixth Circuit over whether to delay the enforcement of net neutrality rules after the U.S. Supreme Court tossed the longstanding Chevron doctrine that gave wide deference to agency decision making.

  • July 09, 2024

    6th Circ. Won't Revive Pilots' COVID Vax Preemption Fight

    The Sixth Circuit on Tuesday refused to revive a putative class action by Kalitta Air pilots who were fired over their refusal to get the COVID-19 vaccine, finding that the Railway Labor Act precludes the court from hearing their failure-to-accommodate and disability discrimination claims, which must be resolved through arbitration instead.

  • July 09, 2024

    BCBS Unit Fails To Stop Religious Vaccine Objector Suits

    A Blue Cross Blue Shield of Michigan subsidiary can't escape claims it treated differently employees who sought accommodations from a COVID-19 vaccine mandate, a Michigan federal judge ruled Tuesday, finding it plausible that religious discrimination "was at least a motivating factor" in the way the workers were dealt with.

  • July 09, 2024

    Experts Don't Always Need To Cite Studies, Mich. Justices Say

    The Michigan Supreme Court has found a medical malpractice plaintiff's expert witness was wrongly stricken for failing to support his opinion with peer-reviewed medical literature, ruling experts shouldn't be disqualified solely on that basis, particularly in a case where the rare complication at issue has not been studied.

  • July 09, 2024

    Estate Atty Settles Claims She Stole From Incarcerated Man

    A previously incarcerated man has dismissed malpractice claims he filed in Michigan federal court against an attorney, alleging she skimmed money he received from his mother's estate. 

  • July 08, 2024

    Biggest Michigan Decisions Of 2024: A Midyear Report

    Michigan's appellate courts started off the year with notable labor and no-fault insurance opinions, allowing retaliation claims from a whistleblower's friends who didn't make any complaints themselves, and clarifying confusing auto insurance coverage changes after legislative reforms. Here is a look at some of the biggest decisions in Michigan so far this year.

Expert Analysis

  • 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.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • The State Of Play In DEI And ESG 1 Year After Harvard Ruling

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    Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.

  • What The FTC Report On AG Collabs Means For Cos.

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    The Federal Trade Commission's April report on working with state attorneys general shows collaboration can increase efficiency and consistency in how statutes are interpreted and enforced, which can minimize the likelihood of requests for inconsistent injunctive relief that can create operational problems for businesses, say attorneys at Kelley Drye.

  • When Oral Settlements Reached In Mediation Are Enforceable

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    A recent decision by the New Jersey Appellate Division illustrates the difficulties that may arise in trying to enforce an oral settlement agreement reached in mediation, but adherence to certain practices can improve the likelihood that such an agreement will be binding, says Richard Mason at MasonADR.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

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