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Michigan
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April 02, 2025
Insurer Says $9M OpenText Merger Settlement Not Covered
An insurer said it is not obligated to contribute to a $9 million settlement in a shareholder class action stemming from Covisint's 2017 merger with software company OpenText, telling a Michigan federal court that the settlement does not constitute a covered loss.
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April 02, 2025
Mich. Justices Say Pot Smell Not Enough For Police Search
The Michigan Supreme Court ruled Wednesday that the odor of marijuana alone cannot justify a warrantless vehicle search, overturning case law that dated from a time when using the drug was a crime in the Great Lakes State.
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April 02, 2025
Garmin Beats Fitness Tracker Patent Suit, For Now
A Michigan federal judge has tossed, for now, a suit accusing Garmin International Inc. of infringing a CardiacSense Ltd. fitness tracker patent after finding the claims aren't eligible for patent protection, but the judge left room for an amended complaint to be filed.
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April 02, 2025
CVS Asserts DOJ's Opioid Prescription Suit Lacks Facts
CVS Pharmacy Inc. has told a Rhode Island federal judge that most of the U.S. Department of Justice's claims that it knowingly filed invalid prescriptions for opioids should be tossed, saying the agency failed to adequately allege the company willfully put profits over safety.
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April 02, 2025
No-Fault Tolling Not Retroactive, Mich. Justices Say
The Michigan Supreme Court ruled Tuesday that an element of no-fault reforms pausing the one-year rule for recovery of personal injury protection benefits until an insurer formally issues a denial is not retroactive, finding the Legislature didn't clearly add retroactive language and that applying the provision to preamendment claims would impose new obligations on insurers. 聽
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April 02, 2025
Mich. Justices Say 18-Year-Old Lifers Must Be Resentenced
People in Michigan serving mandatory life sentences with no chance of parole for offenses they committed as 18-year-olds are entitled to resentencing聽because such punishments are unconstitutional, regardless of when they were sentenced, the state's highest court said Tuesday.聽
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April 02, 2025
Pipe Inspector's Pay Wasn't A Salary, 6th Circ. Rules
An employment agency didn't calculate a pipe inspector's pay on a salary basis but rather calculated his compensation daily, a split Sixth Circuit panel ruled, flipping a Tennessee federal court's decision deeming him overtime-exempt under the Fair Labor Standards Act.
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April 02, 2025
6th Circ. Upholds Convictions In Whitmer Kidnap Plot
A panel of the Sixth Circuit affirmed the convictions of two men for participating in a plot to kidnap Michigan Gov. Gretchen Whitmer in 2020, rejecting several arguments challenging the sufficiency of the government's evidence and the trial judge's decisions.
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April 01, 2025
Trump Admin Layoffs 'Probably Broke Laws,' Judge Says
A Maryland federal judge ruled Tuesday that the Trump administration "probably broke the laws that regulate en masse terminations of government employees," ordering the federal government to reinstate thousands of probationary employees who were abruptly fired from their jobs in 19 states and the District of Columbia.
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April 01, 2025
TwinSpires Angles To Keep Horse Race Betting Alive In Mich.
Horse race betting platform TwinSpires said it should be permitted to continue accepting bets from Michigan users while a legal battle with state regulators plays out, pushing back Monday on regulators' request to stay an early ruling in TwinSpires' favor.
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April 01, 2025
Fla. Defends Sandoz Price-Fixing Settlement Terms
Florida defended its deal with Sandoz Inc. on Monday, saying the other states suing the generic-drug maker over price-fixing have no right to object to the settlement, which does not require court approval and does not affect the states objecting to it.
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April 01, 2025
Broker Must Face Mortgage Co.'s Claims It Worked With Rivals
A mortgage broker cannot escape a lawsuit from United Wholesale Mortgage alleging the broker breached a contract by sourcing loans to United's top competitors despite agreeing not to, a Michigan federal judge said Monday in finding the new terms and the way they were enacted were allowed under state law.聽
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April 01, 2025
Mich. Justices Urged To Reject Shorter Worker Suit Deadlines
A trial lawyers' association has advocated for the Michigan Supreme Court to end employers' ability to contractually shorten the limitations period for employee lawsuits, saying such contract terms weaken workers' civil rights protections.聽
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April 01, 2025
French Auto Co., Ford Supplier Settle $4.5M Sensor Suit
A U.S. automotive supplier has resolved its lawsuit accusing a unit of a French automotive company of failing to cover costs incurred from warranty claims because it sold defective speed sensors that were later built into Ford vehicles, according to a Monday order closing the case.
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April 01, 2025
6th Circ. Lets Feds End Whistleblower's NASA Contractor Suit
The Sixth Circuit stood by a lower court's decision to let the federal government intervene and successfully seek dismissal for a whistleblower's False Claims Act suit against a NASA contractor, applying a 2023 U.S. Supreme Court precedent to back the government's recent tear of dismissal bids in FCA cases.
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April 01, 2025
23 States Sue HHS To Stop $11B In Health Grant Funding Cuts
Twenty-three states and the District of Columbia on Tuesday accused the Trump administration of illegally terminating about $11 billion in public health funding, causing layoffs and "chaos" in public health agencies across the country.
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March 31, 2025
Doc Loses Redo On Claims Hospital Lies Fueled Murder Case
A Michigan federal judge has dismissed a former Ohio physician's second attempt at suing the parent company of his ex-employer on allegations it fed prosecutors lies about his opioid prescribing practices that led to him being charged with 25 counts of murder, saying the lawsuit didn't fix the gaps left in the first case.
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March 31, 2025
Mich. Judge Dismisses Biz's 'Pump-And-Dump' RICO Suit
A Michigan federal judge on Monday tossed what he called a confusing "power struggle" of a lawsuit from a company accusing its former leaders of conspiring to install a CEO and leading a pump-and-dump scheme, finding that the company was essentially improperly seeking review of a prior state court judgment that it lost.
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March 31, 2025
6th Circ. Affirms County's Foreclosed Property Proceeds Win
The Sixth Circuit sided with a Michigan county Friday in a resident's suit alleging the decision to withhold surplus proceeds from the tax foreclosure sale of her home was an unconstitutional taking, affirming the constitutionality of a process for claiming proceeds that she failed to follow.
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March 31, 2025
Mich. Judge Trims Chevy Volt Battery Defect Class Action
A Michigan federal judge has said drivers who allege General Motors sold defective hybrids that sometimes turn off while driving do not have the standing to bring claims on behalf of states in which they do not live or haven't been injured, while noting the district is divided on when to make such a decision.
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March 31, 2025
Lions Cut Loose From Copyright Row Over Sanders Statue
Citing jurisdictional grounds, a New York judge has dismissed the Detroit Lions from a lawsuit accusing it and others of improperly using a copyrighted photo to create a statue of legendary running back Barry Sanders, making the team the latest defendant to exit the suit.
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March 28, 2025
Real Estate Recap: Train Domain, FinCEN, Atlanta Data Centers
Catch up on this past week's key developments by state from 极速赛车 Real Estate Authority 鈥 including an insider's view of the Union Station takeover in Washington, D.C., the latest game-changing development at the聽Financial Crimes Enforcement Network, and a BigLaw dealmaker's take on Atlanta's data center boom.
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March 28, 2025
Burt Lake Band Drops Suit Against Interior Over Tribal Rule
The Burt Lake Band of Ottawa and Chippewa Indians has dropped a lawsuit in D.C. federal court against the U.S. Department of the Interior after the agency finalized a rule governing which tribes can gain federal recognition, saying it obtained the relief it sought.
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March 28, 2025
GM's Cruise Must Face Trimmed Securities Fraud Suit
A Michigan federal judge on Friday trimmed a proposed class action alleging General Motors and its self-driving car unit Cruise LLC misrepresented the technological capabilities of its autonomous vehicles, but said the investor plaintiffs plausibly alleged that some Cruise executives made recklessly false statements.
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March 28, 2025
Mich. Judge Wonders If Methane Fee Block Moots EPA Suit
A Michigan federal judge has said trade groups challenging the constitutionality of a methane waste emissions charge and the U.S. Environmental Protection Agency should prepare to tell the court whether recent Trump administration orders disapproving the EPA's methane rule renders the case moot.
Expert Analysis
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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鈥 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 鈥 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 鈥 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.
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Predicting Where State AGs Will Direct Their Attention In 2025
In 2025, we expect state attorneys general will navigate a new presidential administration while continuing to further regulate and police financial services, artificial intelligence, junk fees and antitrust, say attorneys at Troutman Pepper.
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A Look At Sweepstakes Casinos' Legal Issues In Fla., Beyond
Scheduled for trial in Florida federal court this fall, the VGW sweepstakes case underscores the growing urgency for gambling states to clarify and enforce their laws in response to emerging online gaming models, as the expansion of sweepstakes casinos challenges traditional interpretations of gambling regulations, say attorneys at Holland & Knight.
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The Fed. Circ. In 2024: 5 Major Rulings To Know
In 2024, the Federal Circuit provided a number of important clarifications to distinct areas of patent law 鈥 including design patent obviousness, expert testimony admissions and patent term adjustments 鈥 all of which are poised to have an influence going forward, say attorneys at Knobbe Martens.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Looking Back At 2024's Noteworthy State AG Litigation
State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have 鈥渇led鈥 Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.