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Michigan
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September 22, 2023
Saks Blameless For Shoplifter's Suicide, Mich. Panel Affirms
A Michigan appellate panel Thursday affirmed that Saks Fifth Avenue, security company Allied Universal and others can't be blamed for the suicide of a man caught shoplifting, finding no evidence a security guard's handling of the incident led the man to take his life a few days later.
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September 22, 2023
Parties In Mich. Zoning Spat Told To Withhold Settlement Details
A judge has warned the participants in a dispute over a group of Michigan wineries' ability to operate free of local zoning constraints not to share details of settlement discussions with anyone other than him and counsel for the three parties.
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September 22, 2023
County Must Face Foreclosure Class Action, Mich. Panel Says
A suit from a putative class of ex-homeowners who say their foreclosed properties were sold without compensation was revived after a Michigan appellate panel said a recent ruling from the Michigan Supreme Court that found counties unconstitutionally profited from tax foreclosure must be applied retroactively.
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September 22, 2023
Yogi Bows Out Of TM Case Against Calm.com
A yoga instructor has agreed to end her trademark suit in Michigan federal court against Calm.com, about a year and a half after her counsel was hit with sanctions for pursuing an unsubstantiated trademark bullying claim.
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September 22, 2023
Chevron Doctrine Supporters Flock To High Court In Key Case
Health groups, scientists, a labor union, small businesses and environmentalists are urging the U.S. Supreme Court not to strike down a nearly 40-year-old precedent that allows judges to defer to federal agencies' interpretations of law in rulemaking disputes, arguing it's a valuable and reliable tool in administrative law cases.
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September 22, 2023
Off The Bench: MSU Coach, Olympian Abuse, DC Stadium Bill
This week's Off The Bench features a college football coach accused of sexual harassment fighting to keep his job, an Olympic medalist claiming that a U.S. team doctor sexually assaulted her, and Congress helping the nation's capital potentially lure back a beloved NFL team.
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September 22, 2023
Mich. Panel Says Oncology Co. Owes Taxes On Lab Supplies
An oncology company isn't entitled to an industrial processing use tax exemption on its equipment purchases because its work matching cancer patients to drug trials doesn't qualify as research and development, a Michigan appellate panel said.
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September 22, 2023
Eastern District Of Mich. Judge To Take Inactive Status
Senior U.S. District Judge Bernard A. Friedman of the Eastern District of Michigan, who struck down the state's ban on same-sex marriages in 2014, will take inactive status at the end of the year and then substitute for federal magistrates, according to an announcement on Thursday.
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September 22, 2023
Ex-Michigan State Rep. Can't Dodge Bribery Retrial
A former Michigan state lawmaker was denied a federal court bid this week to escape a second trial on charges that he sold his vote while in office for campaign contributions.
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September 22, 2023
UAW Steps Up GM And Stellantis Strike, Notes Ford Progress
The United Auto Workers on Friday expanded its strike to all of General Motors and Stellantis' parts distribution facilities, but said it's made "serious" progress in contract negotiations with Ford and will not strike any additional Ford facilities.
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September 21, 2023
Split 6th Circ. Revives Preppy Kids Clothing Rivals' IP Feud
A split Sixth Circuit panel revived a trademark infringement suit by preppy children's clothing maker Bella Bliss against a rival company started by one of its co-founders, ruling Thursday that Bella Bliss plausibly alleged a likelihood of confusion that allows its federal and Kentucky state claims to proceed.
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September 21, 2023
FCA Resolves Vehicle Software Patent Suit
FCA has agreed to resolve patent-holding company MicroPairing Technologies' suit in Michigan federal court that accuses its in-vehicle screen software systems of infringing several patents, marking an end to MicroPairing's flurry of infringement complaints against various auto manufacturers.
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September 21, 2023
Mich. High Court Commission To Tackle Atty Mental Health
The Michigan Supreme Court established a commission to focus on well-being in the law Wednesday, following a task force report last month that urged the legal profession to take action to address lawyer mental health in the Wolverine State.
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September 21, 2023
Mich. Health System, Law Firm Escape Debt Collection Suit
Mistakenly paid Medicaid benefits did not release the family of an injured crash victim from the responsibility of her medical bills, a Michigan federal judge said Thursday in tossing a putative class action alleging a Detroit-area health care system and personal injury law firm violated debt collection laws.
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September 21, 2023
Ford Drives Away From Safety Defect Suit In Light Of Recall
A Michigan federal judge on Thursday tossed a proposed class action alleging that Ford failed to deal with a safety problem causing cars to roll away unexpectedly, saying the plaintiffs' injuries are unclear since the automaker issued a recall allowing drivers to have their vehicles fixed free of charge.
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September 21, 2023
Judge Says Mich. Road Law Trumps Bird Scooter Stipulations
A Michigan federal judge has ruled that the city of Detroit has to face a lawsuit seeking $10 million for injuries a man sustained while riding a Bird scooter and hitting a large pothole because Michigan law requires the municipality to keep roads safe, denying its dismissal bid.
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September 21, 2023
Fiat Chrysler Wants Class Spiked In Headrest Defect Suit
Fiat Chrysler urged a Boston federal judge Thursday to decertify a class hurtling toward trial on claims that the Stellantis-owned automotive giant sold vehicles with defective automatic headrests, citing a late-game request to drop tens of thousands of class members from the case.
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September 21, 2023
Mich. Discipline Board Says It's Immune From Ex-Judge's Suit
Michigan's attorney disciplinary board has urged a federal court to toss a former state judge's discrimination and defamation lawsuit over its decision to deny the reinstatement of her law license following a finding of impairment, saying it has governmental immunity.
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September 20, 2023
6th Circ. Tosses Detroit Suburb's Challenge To Atty Fee Award
A Sixth Circuit panel has ordered a Detroit suburb to pick up the $240,000 tab a regional water provider incurred defending itself against a Clean Water Act lawsuit that was found to be frivolous, rejecting the city's appeal of the fee award.
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September 20, 2023
Stryker Appeals OsteoMed's Surgical Implant Patent Wins
Stryker Corp. filed a pair of appeals Tuesday seeking to undo patent board rulings invalidating its patents for a surgical implant after a Berkshire Hathaway-owned rival challenged multiple claims in patents that are also at issue in an Illinois federal court case.
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September 20, 2023
Fiat Chrysler Wary Of Buyers' Defective Infotainment Claims
Fiat Chrysler pressed a Michigan federal court Tuesday to end a three-year-old lawsuit alleging defects with the infotainment system in its 2017-2019 Chrysler Pacifica and Chrysler 300 cars, saying the suing car buyers haven't presented evidence that the system was malfunctioning.
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September 20, 2023
Biz Groups Back Farms' Challenge To Mich. Manure Regs
The Michigan Chamber of Commerce and a national small-business public interest law firm have told the Michigan Supreme Court a state agency is overstepping its authority and skirting the rulemaking process to impose new regulations on farmers who use manure on their land.
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September 20, 2023
Mich. High Court Won't Revive Flint Water Prosecutions
The Michigan Supreme Court rejected attempts to revive criminal charges against seven officials for their roles in the Flint water crisis on Wednesday, extinguishing the hopes of state prosecutors who have been appealing their losses for a year.
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September 19, 2023
Farms Defend Delay, Fight Default Ruling In Trafficking Suit
Two farming companies are urging a Michigan federal court to toss a default judgment penalizing them for being seven days late in responding to a complaint alleging they were among six companies involved in trafficking Mexican migrant farmworkers.
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September 19, 2023
10th Circ. Panel Leery Of 2020 Poll Watchers' Dominion Case
A group of Michigan poll watchers during the 2020 election faced tough questions Tuesday from a panel of federal appellate judges who pressed them to connect the dots on their bid to revive a lawsuit alleging that Dominion Voting Systems sent them threatening letters after they wrote affidavits used in lawsuits against state election officials.
Expert Analysis
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
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Kentucky Tax Talk: Taking Up The Dormant Commerce Clause
Attorneys at Frost Brown examine whether the U.S. Supreme Court is likely to review Foresight Coal Sales v. Kent Chandler to consider whether a Kentucky utility rate law discriminates against interstate commerce, and how the decision may affect dormant commerce clause jurisprudence.
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How New Lawyers Can Leverage Feedback For Growth
Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.
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Twitter Legal Fees Suit Offers Crash Course In Billing Ethics
X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.
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Key Strike Considerations For Automotive Industry Suppliers
As the UAW's labor contracts with Detroit's Big Three automakers expire, and the possibility of a strike looms, automotive industry suppliers face a number of possible legal and operational issues — and should have strategic action plans in place to deal with contracts, liquidity, the post-strike environment and more, say experts at Alvarez & Marsal.
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ABA's Money-Laundering Resolution Is A Balancing Act
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
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Law Firm Professional Development Steps To Thrive In AI Era
As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.
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The Basics Of Being A Knowledge Management Attorney
Excerpt from Practical Guidance
Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.
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To Hire And Keep Top Talent, Think Beyond Compensation
Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.
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What Circuit Split May Mean For FCA Kickback Liability
The recent circuit split on the meaning of the resulting-from provision in False Claims Act kickback cases could have significant ramifications for FCA liability, as it could affect the standard of causation that plaintiffs must meet to establish liability, say former federal prosecutors Li Yu, Ellen London and Gregg Shapiro.
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Opinion
Congress Should Ban Employee Body Size Discrimination
New York City's recent enactment of a law that bans employers from discriminating against applicants and employees because of their height or weight should signal to Congress that now is the time to establish federal legislation that would prohibit such harmful practices, says Joseph Jeziorkowski at Valiant Law.
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Perspectives
More States Should Join Effort To Close Legal Services Gap
Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.
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Identifying Trends And Tips In Litigation Financing Disclosure
Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.
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Series
The Pop Culture Docket: Judge Elrod On 'Jury Duty'
Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.