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Michigan
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August 11, 2025
Insurer Says $50M Zoning Suit Loss Is Outside Policy Period
An insurer asked a Michigan federal judge to declare it has no obligation to cover a $50 million judgment against a township, arguing the damages that stem from the township's unconstitutional zoning restrictions that a group of wineries had challenged fall outside the policy.
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August 11, 2025
Feds, Wind Farm Backers Cross Swords Over Permitting Halt
The U.S. government and opponents of the Trump administration's halt of wind farm project reviews have made their cases to a Massachusetts federal judge as to why they should prevail in litigation challenging the legality of the moratorium.
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August 11, 2025
Photographer Says Media Co. Misued His Bitcoin Photo
A professional photographer sued financial media company Benzinga on Monday in Michigan federal court, accusing it of wrongfully using one of his copyrighted photos featuring bitcoin iconography in its online content.
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August 11, 2025
6th Circ. Bucks EEOC With Strict View On Client Harassment
An employer can only be held liable for a customer's harassment of an employee if the company intended for the misconduct to happen, the Sixth Circuit ruled, a strict stance that breaks with long-standing U.S. Equal Employment Opportunity Commission guidelines and other circuit case law.
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August 09, 2025
Real Estate Recap: Higher Ed, Big 4, Rising Stars
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including creative ways institutions of higher learning are monetizing real estate, second quarter takeaways from top commercial real estate brokerages, and profiles of two of the industry's rising stars.
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August 08, 2025
6th Circ. Revives Dodge Ram Drivers' Emissions Fraud Claims
The Sixth Circuit signaled Friday that federal law doesn't preempt a group of drivers' claims alleging Fiat Chrysler and engine manufacturer Cummins deceptively marketed Dodge Ram trucks as being more environmentally friendly than they actually were, punting the dispute back to Michigan federal court.
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August 08, 2025
Man Wins Bid To Appeal Sentence For Gang Rape As Minor
A 57-year-old man serving up to 150 years in prison for the brutal gang rape of a woman committed when he was 17 may appeal his sentence in light of recent U.S. Supreme Court rulings that sentencing minors to life in prison is unconstitutional, a Michigan appeals court said Thursday.
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August 08, 2025
6th Circ. Says Federal Machine Gun Ban Is Constitutional
The Sixth Circuit has upheld a federal ban on machine guns, finding the prohibition to be in line with the country's tradition of regulating "dangerous and unusual weapons."
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August 08, 2025
Advocates Won't Ask Justices To Revive Net Neutrality Rules
Public interest groups said Friday they have decided not to bring a high court challenge to the Sixth Circuit's decision to overturn the Federal Communications Commission's net neutrality rules, even as they called the ruling "spectacularly wrong."
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August 08, 2025
Administration Says States Can't Second-Guess ACA Changes
The Trump administration urged a Massachusetts federal court to reject a request by a group of states seeking to stay implementation of new rules that will reduce Affordable Care Act healthcare marketplace subsidies and enforce certain enrollment restrictions.
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August 08, 2025
Mich. Panel Clears Way For Historic School's Demolition
A Michigan appellate panel upheld a lower court's decision not to block the demolition of a century-old school building designed by a famous architect, rejecting arguments from a community organization that alleged a school district "rubber-stamped" recommendations or hid conversations about the district's decisions to destroy the building.
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August 08, 2025
Ford Can Arbitrate Some Claims In Hybrid Engine Fire Suit
A Michigan federal judge has sent to arbitration six plaintiffs in a proposed class action alleging Ford Motor Co. sold hybrid vehicles with engine defects that could lead to fires, finding the automaker did not waive its right to arbitration by participating in earlier stages of the litigation.
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August 07, 2025
6th Circ. Halts FirstEnergy Production Of Bribery Probe Docs
The Sixth Circuit on Thursday prevented shareholders of FirstEnergy Corp. from immediately accessing investigative documents prepared by BigLaw firms in the wake of a $1 billion bribery scandal, ruling that the utility company was likely to succeed in its claims that the disclosures were protected by attorney-client privilege.
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August 07, 2025
Judge Says Flood Exclusion Sinks Storm Coverage Suit
A jewelry store's property insurer owes no coverage over claims for rainstorm damage, a Michigan federal court ruled Thursday, finding an exclusion barring coverage from water overflow due to floods was applicable.
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August 07, 2025
Michigan AG Fights Bid To Pause PBM Price-Fixing Suit
Michigan's attorney general has said there is no reason to pause her price-fixing suit against pharmacy benefit managers Express Scripts and Prime Therapeutics for a pending dismissal motion, urging a federal judge not to put discovery on ice.
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August 07, 2025
Federal Courts Disclose New Cyberattacks On PACER System
The federal judiciary on Thursday disclosed there have been escalating cyberattacks on its case management system, putting sealed and sensitive case documents at risk, and that it is taking steps to strengthen its security.
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August 07, 2025
Mich. Agency Can't Shake Suit Over Fights At Psych Hospital
The Michigan claims court has ruled that the state's health department must face a lawsuit over the beating of a child at a state-run psychiatric facility because the complaint adequately alleged hospital staff took intentional steps that "directly and predictably" led to the fight.
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August 07, 2025
6th Circ. Revives Whirlpool Stove Activation Class Suit
The Sixth Circuit has reinstated a proposed class action alleging Whirlpool Corp. sold stoves with defective knobs prone to accidental activation, saying the plaintiffs sufficiently alleged that the company knew of the defect because the U.S. Consumer Product Safety Commission sent it consumer complaints.
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August 06, 2025
6th Circ. Rips 'Stalking Horse' Ploy In Drug Negotiation Suit
The pharmaceutical industry will feel the sting of a Wednesday loss in a wide-ranging war over Medicare's power to negotiate drug prices, as the Sixth Circuit tossed a suit and accused one major company of utilizing a "stalking horse" to sue in a more favorable forum.
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August 06, 2025
6th Circ. Orders Redo Of Pension Fund Withdrawal Liability
The Sixth Circuit on Wednesday said a pension fund's actuary must redo his estimate of a Michigan-based paving company's withdrawal liability, likening the actuary to an oddsmaker giving a bad estimate of how many points a college basketball team will give up in a game because he is "just rude."
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August 06, 2025
Judge Blocks Mich. Landfill From Taking Radioactive Waste
A Michigan state judge on Wednesday blocked a Detroit-area landfill from accepting thousands of cubic yards of radioactive material stemming from the Manhattan Project, holding that it could be sent to a less-populated area and pose less risk.
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August 06, 2025
Mich. Panel Wary Of MSU Student's Hazing Law Challenge
A former Michigan State University student may have an uphill battle convincing a state appellate panel to ax criminal hazing charges related to a student's death at a fraternity party, the judges on the panel suggested Wednesday.
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August 06, 2025
Ex-Homeowners Seek OK On Tax Foreclosure Suit Deal
A proposed class of former property owners asked a Michigan federal judge Tuesday to give initial support to a settlement with several counties that would allow the ex-homeowners to receive the surplus profits they allege the county treasurers made selling their tax-delinquent properties.
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August 06, 2025
State AGs Want Final OK For $39M Apotex Price-Fixing Deal
Nearly every state attorney general in the country has asked a Connecticut federal judge to give final approval to a $39.1 million deal to settle claims that drugmaker Apotex Corp. schemed with others to fix prices and allocate markets for generic drugs, noting that the Florida-based company has already made the payment.
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August 06, 2025
Detroit Tigers Settle Ex-Vice President's Age, Race Bias Suit
The Detroit Tigers settled an age and race bias lawsuit brought by one of its former vice presidents in Michigan federal court Wednesday, closing the door on more than two years of pointed litigation.
Expert Analysis
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Likely Doomed CFPB Contract Rule Still Has Industry Pointers
While the Consumer Financial Protection Bureau's January proposal on consumer financial contract provisions is unlikely to be finalized under the new administration, its provisions are important for industry to recognize, particularly if state attorneys general decide to take up the enforcement mantle, say attorneys at Saul Ewing.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.
The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Class Actions At The Circuit Courts: Nov. And Dec. Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.