Michigan Lawyers Weekly

Michigan Lawyers Weekly, established in 1986, provides essential legal news and updates for attorneys throughout Michigan. It offers summaries of the most recent rulings from both state and federal courts, helping lawyers stay informed about crucial developments. The publication also covers changes to court rules, reports on verdicts and settlements, as well as matters related to attorney and judicial discipline, ensuring that legal professionals have access to all important information. In addition, Michigan Lawyers Weekly shares the latest opinions and orders from the Michigan Supreme Court, along with both published and unpublished rulings from the Michigan Court of Appeals. The outlet also highlights selected opinions from the 6th U.S. Circuit Court of Appeals and features notable cases from the U.S. District Court and the U.S. Bankruptcy Court in both the Eastern and Western districts of Michigan, along with decisions from relevant agencies.

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6th Circuit upholds cut to Social Security attorney fees

3 weeks ago | milawyersweekly.com | Correy E. Stephenson

SUMMARY:6th Circuit affirms fee cut in Social Security benefits caseDistrict court found full 25% contingency fee excessiveEffective hourly rate deemed disproportionate to workFee reduction aligned with Gisbrecht reasonableness standardA district court acted within its discretion to deny an attorney’s fee award request for a prevailing Social Security claimant for the full 25 percent contingency fee agreement, a panel of the 6th U.S. Circuit Court of Appeals has ruled.
Court tosses tenant assault suit over lack of proof

3 weeks ago | milawyersweekly.com | James Andersen

SUMMARYTenants sued after an assault at apartment complexPlaintiffs alleged faulty exterior locks enabled attackerCourt found no proof of how assailant entered buildingSummary disposition granted due to lack of causation evidenceWhere two tenants sued after an assault at their apartment complex, the defendant’s motion for summary disposition should have been allowed because the plaintiffs could not establish causation, the Court of Appeals has ruled.
Court rejects store liability in store shooting case

1 month ago | milawyersweekly.com | James Andersen

Summary: Appeals court dismisses respondeat superior claim in shooting case. Store not liable as the guard acted outside employment scope. Negligent hiring and supervision claims allowed to proceed. Guard had defied store’s no-gun policy and lacked proper training.
Court tosses soccer injury suit against ref, facility

1 month ago | milawyersweekly.com | James Andersen

SUMMARY:Court rules sports facility and referee not liable for injury. Plaintiff hurt during indoor recreational soccer match. Reckless misconduct standard applied to all defendants. Claims of negligence and vicarious liability were dismissed. A trial court did not err in granting summary disposition to a sports facility and referee sued by a man who was injured during an indoor recreational soccer game, the Court of Appeals has ruled.
COA: Judge wrongly ignored prenup in divorce ruling

1 month ago | milawyersweekly.com | Eric T. Berkman

SUMMARY:Court of Appeals says trial court wrongly ignored a valid PNA. Prenup defined marital and separate property, barred spousal support. Judge awarded wife part of husband’s separate assets and support. COA vacated property division and support order for reconsideration.
Zana Tomich shares insight on nonprofit legal trends

1 month ago | milawyersweekly.com | James Andersen

Zana Tomich of Dalton & Tomich has advised small and midsize businesses, nonprofit organizations and religious organizations for over 20 years. She also serves as fractional general counsel, advising businesses on issues such as acquisitions and mergers, succession planning, and business and organization formation.
Highly compensated employee misclassified as salaried

1 month ago | milawyersweekly.com | Eric T. Berkman

SUMMARY: Employee earned $270K+ annually through hourly-based structure Guaranteed $800/week for 8 hours; all other time paid hourly Lower court ruled he was exempt from overtime under FLSA 6th Circuit reversed, citing Helix decision from SCOTUS Ruling strengthens salary basis requirements for exemption The 6th U.S. Circuit Court of Appeals has ruled that an employee who was guaranteed $800 pay each week for the equivalent of eight hours work, with each subsequent hour paid hourly, was...
Website establishes jurisdiction in trademark suit

1 month ago | milawyersweekly.com | James Andersen

SUMMARY:Court ruled that online sales via an interactive website established jurisdiction. Plaintiff alleged Lanham Act and copyright violations. Judge found defendant purposefully availed itself of Michigan market. Case reinforces jurisdiction rules for e-commerce trademark suits. An interactive website that permitted a defendant to conduct sales in Michigan was sufficient to establish personal jurisdiction in a trademark suit, a U.S. District Court in the Eastern District of Michigan has ruled.
New guidance helps define how EEOC will judge DEI policies

1 month ago | milawyersweekly.com | Kira Jenkins |James Andersen |Kris Olson

SUMMARY:Trump signs executive order targeting DEI effortsMichigan Gov.
Ruling: lien determination needed for foreclosure sale

2 months ago | milawyersweekly.com | Correy E. Stephenson

While the failure to redeem property extinguished the owner’s rights related to the property, it didn’t render moot the issue of whether it was entitled to a surplus from the sale, a panel of the Court of Appeals has ruled. The court also recognized that a credit bid was permissible in a construction lien foreclosure pursuant to the Construction Lien Act, or CLA. “[I]t was not error for the trial court to allow a credit bid, or partial credit bid, during the foreclosure sale,” Judge Noah P.