Michigan

  • April 17, 2024

    Flagstar Bank Beats Overdraft 'Fee Maximization' Suit

    A Michigan federal judge has shut down a proposed consumer class action that accused Flagstar Bank of unlawfully charging millions of dollars in surprise overdraft fees, ruling that the bank had provided clarifying disclosures that left no more room for surprise.

  • April 17, 2024

    Fired Whistleblowers' Right To Sue Vital, Mich. Justices Hear

    A former Fiat Chrysler plant employee told a mostly quiet Michigan Supreme Court on Wednesday that state regulators should not be his only option for recourse after he was terminated, allegedly for reporting a workplace safety concern, arguing that Michigan workers will be hung out to dry if they can't bring their own lawsuits against employers.

  • April 17, 2024

    Racetrack's Unlisted Use Unremarkable, Mich. Justice Says

    A Michigan Supreme Court justice said Wednesday it was not "particularly remarkable" that a zoning ordinance did not list all approved commercial uses, as residents push the court to restrict a race dragway's operations, noting that the law uses examples because it would be impossible to list everything allowed.

  • April 17, 2024

    GOP Sens. Raise Ethical Concerns Over 6th Circ. Nominee

    Republicans went after a nominee for the Sixth Circuit during a hearing on Wednesday over allegations that he has behaved unethically as a prosecuting attorney, and that the White House picked him through a "backroom deal."

  • April 16, 2024

    Mich. Justice Questions Abuse Law's Missing Language

    A Michigan Supreme Court justice on Tuesday challenged an attorney for a victim of a 1990s sexual assault on why the state Legislature didn't explicitly include retroactive language for a 2018 change that allowed survivors of Larry Nassar's abuse scandal more time to bring civil suits, noting that the law was specific in other areas.

  • April 16, 2024

    Amazon Beats Suit After Injured Drivers Bury Medical Details

    Amazon can't be held liable in a personal injury lawsuit accusing an affiliate semitruck driver of rear-ending a family's vehicle, Michigan appeals court has ruled, saying it's not the court's responsibility to dig through a "huge stack of medical records" to find information favorable to the plaintiff.

  • April 16, 2024

    Mich. Justices Flag Bias Potential In Lost-Pay Damage Awards

    Michigan Supreme Court justices asked about double-dipping damages and whether implicit bias could skew projections of a child's lifetime earnings as they examined whether to back lost wages awards in wrongful death cases Tuesday.

  • April 16, 2024

    Ex-NBA Guard Gets 18 Months In Healthcare Scheme

    A former Detroit Pistons point guard was sentenced to 18 months in prison Tuesday after being convicted of one of two counts over an alleged scheme to defraud the NBA's healthcare plan, with a Manhattan federal judge saying his proceeds were "not chump change" and faulting his behavior on pretrial release.

  • April 16, 2024

    Ex-Mich. Speaker, Wife Charged With Embezzlement

    Former Michigan House Speaker Lee Chatfield was charged Tuesday with criminally misusing money from his nonprofit to pay for family trips and designer clothing while in office, as the state attorney general called on lawmakers to beef up Michigan's "worthless" campaign finance laws.

  • April 16, 2024

    Amway Parent Must Face Trial In Retirees' 401(k) Suit

    A Michigan federal judge refused Tuesday to totally free Amway's parent company from a class action accusing it of stacking its 401(k) with unwise investments and excessive fees, saying a jury should determine whether the company's investment review process was prudent.

  • April 16, 2024

    Buttigieg, State AGs To Probe Consumer Airline Complaints

    Transportation Secretary Pete Buttigieg on Tuesday announced a new partnership with Colorado and over a dozen other states to investigate consumer complaints about air travel, vowing to hold airlines and ticket agents accountable for excessive flight cancellations and unfair business practices.

  • April 16, 2024

    6th Circ. Won't Rehear White Ex-Kroger Manager's Bias Case

    A former manager for Kroger will not get to argue his claims he was fired because he is a white man before the full Sixth Circuit, according to a new order, letting stand the appellate court's decision to dismiss the former manager's claims.

  • April 16, 2024

    Pot Transport Co. Can't Escape Overtime Suit

    A company specializing in secure transport of marijuana products didn't show that its drivers engage in interstate commerce and therefore can't escape a driver's misclassification suit seeking unpaid overtime, a Michigan federal judge has ruled.

  • April 16, 2024

    Atty Sanction's 'Chilling Effect' Worries Mich. Justice

    A Michigan Supreme Court justice asked Tuesday whether upholding sanctions against an attorney who joined a case after earlier frivolous litigation would scare away lawyers from agreeing to represent clients in those situations, echoing concerns shared by the plaintiff and defense bars.

  • April 16, 2024

    Arbitration Pacts Leave Domino's Wage Suit Plaintiff-Less

    An expense reimbursement dispute against Domino's can't go forward because it will be without a named plaintiff, as the four drivers who were supposed to step in are all bound by arbitration agreements, a Michigan federal judge ruled Tuesday.

  • April 16, 2024

    AIG Unit Must Cover $20M Botched Tunnel Project, Court Told

    A Michigan county's water resources commissioner and sewage disposal system accused an AIG unit of failing to arbitrate their coverage claims over a design contractor's faulty work on a tunnel project, claiming they've suffered more than $20 million in damages.

  • April 15, 2024

    Gov't Says Mich. Court Lacks Authority Over U-Visa Delay Suit

    The federal government on Friday urged a Michigan federal court to toss a proposed class action alleging unreasonable decision delays in U-visa petitions, saying the court wouldn't be able to cure the visa-seeking plaintiffs' alleged harm of being unable to work.

  • April 15, 2024

    Judge Tosses 'Boilerplate' Infringement Suit Against OnStar

    OnStar LLC has escaped an infringement suit alleging it infringed a wireless company's patent for tracking vehicles after a Michigan federal judge said the wireless company did not properly describe its patent or allege how OnStar was misusing the technology.

  • April 15, 2024

    Mich. High Court To Hear Siblings' Ski Share Valuation Fight

    A sibling feud between the CEO of a family-run ski resort company and his sister, a minority shareholder, will get a hearing in front of the Michigan Supreme Court after the justices agreed to look at whether the company honored an agreement for redemption of shares in the family company.

  • April 15, 2024

    Detroit Court To Go All-Virtual During NFL Draft Week

    Michigan's Third Judicial Circuit is going virtual-only for court proceedings next week because the National Football League draft in downtown Detroit, and the hundreds of thousands of visitors expected to descend on the Motor City, will limit parking and access to the court building, the court announced Monday.

  • April 15, 2024

    Detroit Fire Safety 'Tax' Case Heads To Mich. Justices

    The Michigan Supreme Court will hear a challenge to Detroit's fire safety inspection fees, taking up an appeal from a pipe fitter's proposed class action alleging that the charges amounted to unlawful taxes.

  • April 15, 2024

    Michigan Court Funding In Spotlight As Contested Fees Expire

    Legislative gridlock could temporarily freeze Michigan judges' power next month to make convicted defendants pay for the costs of their prosecution, as lawmakers float reforms to what has been called a "broken" court funding system.

  • April 12, 2024

    TRO Won't Save Auto Supplier From Fallout, Judge Says

    A Colorado federal judge on Friday denied an auto part supplier's bid to force a business partner to follow through on an exclusivity deal, ruling that a temporary restraining order may not prevent the supplier from having to shut down a facility.

  • April 12, 2024

    Mich. Hospital Must Face MedMal Suit Against Contract Doc

    A hospital will have to face claims related to the alleged medical malpractice of its ICU director, a contractor, because the hospital did not make it clear to a patient who died that the doctor was not one of its employees, a Michigan appellate panel has said.

  • April 12, 2024

    Mich. Township Wants Suit Over Foiled Pot Dispensary Tossed

    A Michigan township is urging a federal court to toss a lawsuit filed by a cannabis entrepreneur and local developers who claim the municipality's leaders blocked them from opening a marijuana dispensary, arguing the court lacks jurisdiction.

Expert Analysis

  • Series

    Riding My Peloton Bike Makes Me A Better Lawyer

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    Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • Risks Of Nonmutual Offensive Collateral Estoppel In MDLs

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    After the Supreme Court declined to review the Sixth Circuit's ruling in the E.I. DuPont de Nemours & Co. personal injury litigation, nonmutual offensive collateral estoppel could show up in more MDLs, and transform the loss of a single MDL bellwether trial into a de facto classwide decision that binds thousands of other MDL cases, say Chantale Fiebig and Luke Sullivan at Weil Gotshal.

  • FARA Enforcement May Soon Be In The Halls Of Higher Ed

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    Given Congress’ increased attention to rising foreign influence on U.S. college campuses, the U.S. Department of Justice may soon turn the Foreign Agents Registration Act spotlight on educational institutions and groups, which will need to review their possible obligations under the statute, says Tessa Capeloto at Wiley.

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

  • Business Litigators Have A Source Of Untapped Fulfillment

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    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • Series

    Skiing Makes Me A Better Lawyer

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    A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

  • Opinion

    Suits Against Insulin Pricing Are Driven By Rebate Addiction

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    A growing wave of lawsuits filed by states, cities and counties against insulin manufacturers and pharmacy benefit managers improperly allocate the blame for rising insulin costs, when in actuality the plaintiffs are partially responsible, says Dan Leonard at Granite Capitol Consulting.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • 5 Lessons For SaaS Companies After Blackbaud Data Breach

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    Looking at the enforcement actions that software-as-a-service provider Blackbaud resolved with state attorneys general, the U.S. Securities and Exchange Commission and the Federal Trade Commission in the past year can help SaaS companies manage these increasingly common forms of data breaches, say attorneys at Orrick.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.

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