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Michigan
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November 28, 2023
6th Circ. Backs Restaurateurs' Migrant Harboring Conviction
A Sixth Circuit panel majority on Tuesday affirmed a Kentucky federal jury's verdict convicting two restaurateurs of harboring immigrants who were living in the country without legal permission, rejecting the duo's arguments that the government did not prove they intentionally hid the migrants but splitting on whether prosecutors have to prove as much in the first place.
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November 28, 2023
Mich. Health Dept. Asks 6th Circ. To Back Baby Blood Program
Michigan health officials urged the Sixth Circuit Monday to reverse a ruling that dismantled its newborn blood-screening program, calling that program a "paragon of good government."
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November 28, 2023
Rival Mich. Libertarian Parties Take TM Fight To 6th Circ.
A faction arguing it is the official Libertarian Party of Michigan, rather than another that's endorsed by the Libertarian National Committee, has urged the Sixth Circuit to draw a sharp line excluding political activities from the reach of trademark infringement law, saying a ban on using the national organization's name and logo must be lifted.
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November 28, 2023
Sanctioned Wholesaler Wants Abbott Labs Out Of Her Trust
A medical wholesaler executive's wife is trying to stop Abbott Laboratories from reaching into her trust in order to satisfy a $33 million judgment against the pair that came after they were found to have engaged in discovery fraud.
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November 28, 2023
Mich. Justices Deny US Steel Hearing On Tax Refund Interest
Michigan's high court said Tuesday that it won't consider an appeal by U.S. Steel on its claim for two years of interest on a state tax refund, letting stand an appeals court opinion on when the interest started accruing.
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November 28, 2023
Former Mich. Dam Owners Liable For $120M In 2020 Collapse
A Michigan federal judge has declared that the former owners of a hydroelectric dam whose 2020 collapse has been called one of the worst environmental disasters in the state are liable for $119.8 million in damage caused to the fisheries and freshwater mussel ecosystem.
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November 28, 2023
Car Tech Biz Wants TM Verdict Against Ford Upped To $15M
A California vehicle technology company that won a trademark and trade secrets verdict against Ford Motor Co. asked a Michigan federal judge on Tuesday to boost the award from less than half a million dollars to $15 million, arguing the verdict didn't account for all profits from the infringing activity.
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November 28, 2023
Feds Tee Up Dumping Duties On Brass Rods From 5 Countries
The U.S. Department of Commerce are lining up preliminary tariffs rising up to 77.14% on brass rod imports from five countries, after determining that overseas producers were likely selling their products in the U.S. at artificially low prices.
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November 28, 2023
Law Firm Leaders Cautiously Optimistic Heading Into 2024
Major U.S. law firms are steadfast in their commitment to the pursuit of further growth despite ongoing economic uncertainty. Here’s what the leaders of four Leaderboard firms have to say about how the legal industry is preparing for next year.
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November 28, 2023
The 2023 Law360 Pulse Leaderboard
Check out the Law360 Pulse Leaderboard to see which first-in-class firms made the list this year.
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November 28, 2023
Mich. Con Artist Gets 17 Years For Trucking Ponzi Scheme
A Manhattan federal judge sentenced a Michigan man who previously served time for fraud to over 17 years in prison Tuesday after he admitted taking $40 million from investors who thought they were backing a lucrative e-commerce trucking business.
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November 27, 2023
3M, Other Cos. Beat 11 Million-Member PFAS Class At 6th Circ.
The Sixth Circuit on Monday vacated a district court's order certifying a class of 11 million Ohio residents who claim 3M, Chemours and other companies put their health at risk by manufacturing and selling products with "forever chemicals," instructing the lower court to toss the "ambitious" case.
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November 27, 2023
DOL Defends Dismissal of UAW Member's Election Gripes
The U.S. Department of Labor told a Michigan federal court that an erstwhile candidate for United Auto Workers leadership failed to establish that its dismissal of his allegations of union election misconduct was arbitrary and urged the court to toss his suit.
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November 27, 2023
Aretha Franklin's Youngest Son To Get 'Crown Jewel' House
A Michigan probate judge decided Monday that a 2014 handwritten document found in Aretha Franklin's couch cushion is the controlling will for her estate, setting up the late singer's youngest son to get the "crown jewel" of her estate, a Detroit-area home worth more than $1.1 million.
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November 27, 2023
GM Drivers Ask 6th Circ. To Revive Truck Emissions Suit
Drivers urged the Sixth Circuit on Monday to revive their consolidated proposed class action accusing General Motors of rigging certain Chevrolet Silverado and Sierra vehicles with emissions-cheating software, saying their state law deceptive marketing claims don't conflict with federal law.
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November 27, 2023
Mich. Justices To Hear Spat Over PIP Claimant's Right To Sue
The Michigan Supreme Court will consider whether an injured claimant and her health provider are both able to sue for personal injury protection benefits under the state's no-fault law, even if the injured claimant assigned her rights for such benefits to the health provider in exchange for medical treatment.
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November 27, 2023
Ammunition Co. Claims Hugo Boss Used Bogus TM Claims
A shotgun shell company has accused high fashion company Hugo Boss of using unfounded trademark claims to block it from selling branded apparel through an online vendor in a new lawsuit filed in Michigan federal court.
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November 27, 2023
Dems' Victory Lap: Michigan's Biggest Legislation Of 2023
Lansing's first Democratic majority in 40 years passed measures to bar discrimination, repealed a product-liability shield for pharmaceuticals and rolled back the previous decade of Republican labor policy. Law360 takes a look at some of the most impactful laws passed in Michigan this year.
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November 22, 2023
6th Circ. Upholds Tossing Fiat Chrysler Engineers' RICO Suit
In a published opinion Wednesday, the Sixth Circuit upheld a ruling that a group of auto engineers waited too long to file a RICO suit accusing former United Auto Workers officials and Fiat Chrysler executives of engaging in a years-long bribery scheme that violated the parties' labor contract.
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November 22, 2023
FDA Resource Latest Move To Prevent Baby Formula Scarcity
The U.S. Food and Drug Administration has published a one-page tip sheet for the makers of infant formula and other critical foods to educate the food manufacturing industry about a new requirement mandating that companies plan for supply chain or other disruptions that could impact the availability of infant formula.
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November 22, 2023
COVID Tolling Fight Splits Mich. Judges, Spurs 'Histrionics'
Michigan appellate judges traded unusually personal barbs Tuesday in an opinion and dissent over COVID tolling orders, with the judges accusing each other of "histrionics" and "inviting chaos" by ignoring precedent to reach their preferred policy outcomes.
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November 22, 2023
Default Order Lifted On Ex-UAW President In Bribery Case
A Michigan federal judge has lifted an entry of default against a former United Auto Workers president named in a lawsuit former Fiat Chrysler engineers brought related to a union bribery scandal after the official said he did not respond to the complaint because of a mix-up with his attorney.
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November 22, 2023
Mich. Panel Rejects Voter Suit, Dissenter Cries Overreach
A Michigan appellate court has rejected a challenge to the state's online system for requesting absentee ballots, though a dissenting judge said his colleagues were usurping legislative power by making a law about that system go into effect immediately.
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November 22, 2023
5th Circ. Gives VW Another Chance To Toss Antitrust Suit
The Fifth Circuit has told a Texas federal court to take another look at Volkswagen's bid to toss a suit accusing it of maintaining an illegal stranglehold over its suppliers, saying the court has to consider Volkswagen's argument that the dispute is already being litigated in Germany.
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November 22, 2023
6th Circ. Decision Sidesteps Broader Fight Over IRS Notices
A Sixth Circuit panel handed the IRS a win with its recent decision finding a lower court overreached by nationally invalidating IRS disclosure requirements on potentially abusive employee benefit trust arrangements, the latest development in a wave of administrative law challenges to IRS notices.
Expert Analysis
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An Overview Of Circuit Courts' Interlocutory Motion Standards
The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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Ga. Ruling A Win For Plaintiffs Injured By Older Products
The Georgia Supreme Court's recent opinion in Ford Motor Co. v. Cosper gives plaintiffs the assurance that even if they are injured by older products, they can still bring claims under state law if the manufacturer used a design that it knew, or should have known, created a risk of substantial harm, says Rob Snyder at Cannella Snyder.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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State Regs Sow Discord Between Cannabis, Hemp Industries
Connecticut, Maryland and Washington are the latest states choosing to require intoxicating hemp products to comply with the states' recreational marijuana laws, resulting in a widening rift between cannabis and hemp as Congress works on crafting new hemp legislation within the upcoming 2023 Farm Bill, say attorneys at Wilson Elser.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.