Michigan

  • July 18, 2024

    6th Circ. Sees 'Fundamental' Shift Post-Chevron In Title X Row

    The toppling of Chevron deference set the tone for a Sixth Circuit hearing on Thursday as the court contemplated Tennessee's arguments that the U.S. Department of Health and Human Services went beyond its statutory power when it introduced new requirements for family planning funding.

  • July 18, 2024

    American Airlines Beats Hidden Fees Suit Over Product Sales

    American Airlines defeated a proposed class action alleging it violated its conditions of carriage by failing to disclose that it gets fees for hawking Allianz Global travel assistance products to customers booking flights, after a Michigan federal judge said Thursday the plaintiff paid Allianz Global, not American Airlines, for the products.

  • July 18, 2024

    Live Nation Previews Part Of Case Against DOJ Suit

    Live Nation and Ticketmaster have teed up part of their fight against an antitrust lawsuit brought by the U.S. Department of Justice and multiple state attorneys general, arguing that the state law claims are "threadbare" and that a chunk of the DOJ case amounts to trying to force them to deal with competitors.

  • July 18, 2024

    6th Circ. Is No Help To CSX Worker Fired For Train Death Post

    The Sixth Circuit ruled Thursday that a former CSX Transporation Inc. engineer waited too long to try to revive his wrongful termination suit stemming from his firing over an online post he made about a fatal train accident.  

  • July 18, 2024

    6th Circ. Looks To Wash Hands Of Waters Of US Appeal

    An exasperated Sixth Circuit panel on Thursday looked for an easy way to dispatch Kentucky and industry groups' appeal of the dismissal of their challenges to a federal government rule defining the scope of the Clean Water Act.

  • July 18, 2024

    Attorney, Businessman Acquitted Of Crash Report Scheme

    A Michigan federal judge on Tuesday cited insufficient evidence and ordered the cancellation of jury convictions against a lawyer and a medical business owner in an alleged scheme to obtain unreleased police crash reports illegally and use the reports to solicit clients.

  • July 18, 2024

    Judge With Lake Property Exits $217M Dam Repair Tax Suit

    A Michigan federal judge said he would step aside in a fight over a $217 million tax assessment to fund dam reconstruction because he's part of the assessment district, though he warned that hundreds plaintiffs could have their own conflicts.

  • July 18, 2024

    6th Circ. Questions If Kellogg 401(k) Claims Can Be Arbitrated

    A Sixth Circuit panel on Thursday suggested the terms of Kellogg Co.'s retirement plan may bar a former accountant from bringing claims the plan was mismanaged, as the company tries to enforce an arbitration clause that arguably prevents planwide relief. 

  • July 18, 2024

    Feds Say UAW Shouldn't Be Able To Keep Info From Monitor

    Allowing the United Auto Workers to withhold information from the court-appointed monitor overseeing its cleanup from days of corruption and embezzlement would undermine the purpose of the monitorship, the federal government and the monitor told a Michigan federal judge, asking him to deny the union's bid to shield documents.

  • July 17, 2024

    Whirlpool Wants To Wash Away Service Plan Repair Claims

    Whirlpool asked a Washington federal judge to send a proposed consumer class action down the drain, saying the aggrieved customer can't claim she was deceived about the details of an extended repair plan for a dishwasher when the full terms have always been easy to find online.

  • July 17, 2024

    Nexstar Aims To Ax Ex-Workers' Pride Memo Defamation Suits

    Nexstar Media Group moved Wednesday to dismiss two Michigan federal defamation lawsuits brought by television news managers who were fired after disseminating a memo urging reporters to tone down and balance Pride Month coverage, arguing that both suits lack proof that false and reckless statements were made.

  • July 17, 2024

    Drivers' Transmission Complaints Are 'Old News,' GM Says

    Drivers waited too long to file a proposed class action accusing General Motors LLC of selling vehicles with faulty transmissions, the automaker said in a motion Tuesday arguing that many of the claims must be dismissed.

  • July 17, 2024

    6th Circ. To Review 2 Standards In FirstEnergy's Cert. Fight

    The Sixth Circuit indicated Wednesday that it would have to examine the applicability of two different class certification standards in a securities suit by FirstEnergy investors, as the company insisted there was no proof its statements influenced stock prices, and that purported omissions didn't factor into the mix.

  • July 17, 2024

    Rocket Mortgage Says Results Refute Investors' Fraud Claims

    Rocket Mortgage is arguing that the company didn't mislead its shareholders when Rocket's former CEO claimed the company could grow its lending business in a rising interest rate environment because the firm's actual financial performance ended up proving that prediction true.

  • July 17, 2024

    UMich Ducks Black Law Prof's Bias, Retaliation Suit

    A Michigan federal judge released the University of Michigan on Wednesday from a Black law professor's lawsuit accusing the school of harshly disciplining her after she complained about race discrimination, saying she failed to rebut the university's argument that she was punished because she threatened staff members.

  • July 17, 2024

    Judge Says Atty Shouldn't Be Deported For Crash Scheme

    A Michigan federal judge on Wednesday urged federal officials not to deport a Canadian attorney sentenced for his involvement in an illegal crash victim solicitation scheme, saying that outside of the scheme, the attorney has a "hell of a lot" to offer the community.

  • July 17, 2024

    6th Circ. Skeptical About Nixing Diver's Harassment Verdict

    The Sixth Circuit appeared inclined Wednesday to uphold a $58,000 verdict awarded to a commercial diver who accused an environmental cleanup company of subjecting her to harassment and belittlement, with several judges expressing doubt about superseding the jury's conclusion. 

  • July 17, 2024

    Fiat Chrysler, Workers To Mediate OT Dispute

    A Michigan federal judge agreed to hit pause on a proposed class and collective action accusing Fiat Chrysler of failing to fully pay workers overtime while the parties engage in mediation.

  • July 16, 2024

    Rocket Cos. Investors Drop CEO Retweet Claims From Suit

    Investors in mortgage lender Rocket Companies have dropped certain proposed class action claims against the company's CEO, telling a Michigan federal judge that they would no longer accuse the executive of securities fraud over a March 2021 retweet.

  • July 16, 2024

    6th Circ. Says Credit Union Can't Sue T-Mobile Over Cell Scam

    The Sixth Circuit on Tuesday ruled that a lower court was correct in tossing a lawsuit in which Michigan First Credit Union sued T-Mobile to recover the reimbursement fees the credit union paid to customers after they suffered unauthorized electronic transfers of money from their accounts due to cellphone scams.

  • July 16, 2024

    Enbridge Seeks 6th Circ. Rehearing In Venue Dispute

    Enbridge Energy LP has asked the full Sixth Circuit to rehear an appellate panel's decision to send the company's pipeline dispute with Michigan's attorney general back to state court, arguing that the opinion creates a conflict within the circuit over when the removal clock starts running.

  • July 16, 2024

    Judge's Emails To Prosecutor Unethical But Didn't Taint Trial

    A judge should have recused herself after emailing the elected prosecutor during trial to complain that an officer "didn't do a very good investigation," but the ethical lapse didn't warrant a new trial, the Michigan Supreme Court ruled Tuesday.

  • July 16, 2024

    I 'Suggest You Stop,' Judge Warns Atty In UMich Graffiti Case

    A Michigan federal judge stopped an attorney in his tracks on Tuesday as he argued his former University of Michigan hockey-player client did something "stupid" by painting a homophobic slur in front of a campus Jewish center, with the judge saying it was clear the player did something "very wrong."

  • July 16, 2024

    Pentagon, GSA Seek 'Record-Setting' Clean Energy Projects

    The U.S. Department of Defense and the U.S. General Services Administration say they are going for "record-setting federal purchases of clean energy" in a joint statement seeking contractors who will be able to get multiple federal facilities running entirely on carbon-pollution-free power by 2030.

  • July 16, 2024

    Pet Store Chain Says AIG Unit Must Cover BIPA Claims

    An AIG unit is misconstruing policy exclusions in refusing to defend Pet Supplies Plus in a class action alleging violations of Illinois' Biometric Information Privacy Act, the pet store chain told a Michigan federal judge.

Expert Analysis

  • Class Actions At The Circuit Courts: July Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.

  • Opinion

    Now More Than Ever, Lawyers Must Exhibit Professionalism

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    As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.

  • Series

    Serving In The National Guard Makes Me A Better Lawyer

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    My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.

  • A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates

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    Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.

  • Opinion

    States Should Loosen Law Firm Ownership Restrictions

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    Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.

  • FLSA Conditional Certification Is Alive And Well In 4th Circ.

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    A North Carolina federal court's recent decision in Johnson v. PHP emphasized continued preference by courts in the Fourth Circuit for a two-step conditional certification process for Fair Labor Standards Act collective actions, rejecting views from other circuits and affording plaintiffs a less burdensome path, say Joshua Adams and Damón Gray at Jackson Lewis.

  • Series

    Solving Puzzles Makes Me A Better Lawyer

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    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

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    The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Why High Court Social Media Ruling Will Be Hotly Debated

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    In deciding the NetChoice cases that challenged Florida and Texas content moderation laws, what the U.S. Supreme Court justices said about social media platforms — and the First Amendment — will have implications and raise questions for nearly all online operators, say Jacob Canter and Joanna Rosen Forster at Crowell & Moring.

  • In Memoriam: The Modern Administrative State

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    On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.

  • Opinion

    Justices' Malicious-Prosecution Ruling Shows Rare Restraint

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    The U.S. Supreme Court’s recent decision in Chiaverini v. City of Napoleon, Ohio, declining to limit malicious-prosecution suits, is a model of judicial modesty and incrementalism, in sharp contrast to the court’s dramatic swings on other rights, says Steven Schwinn at the University of Illinois Chicago Law School.

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

  • Series

    After Chevron: Various Paths For Labor And Employment Law

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    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

  • Series

    Boxing Makes Me A Better Lawyer

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    Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.

  • Opinion

    Industry Self-Regulation Will Shine Post-Chevron

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    The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.

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