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Michigan Supreme Court Publishes Seven Criminal Law Opinions

By Matthew J. Franson posted 6 days ago
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The Michigan Supreme Court released seven criminal law opinions in July. These cases discuss issues pertaining to voir dire, the reversal of a plea as a result of inaccurate information, the standard for reversing a parole board’s decision to grant parole, the ineffective assistance of counsel for failing to request the lesser-included offense, the forfeiture doctrine, identification of a defendant at trial, appealing within-guidelines sentences, and voluntariness of a witness statement. People v Yarbrough Facts In People v Yarbrough , No 161513 , ___ Mich ___, ___ NW2d ___ (July 14, 2023), during voir dire, the trial judge informed counsel that ...
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Michigan’s New Distracted Driving Law: What You Need to Know

By Lindsey A. DiCesare posted 06-26-2023
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This blog was authored by Madelaine Lane from Warner Norcross + Judd LLP in Grand Rapids. Starting June 30, 2023, Michigan drivers will be banned from holding and, in many cases, using a mobile device while operating a motor vehicle. Drivers who violate the prohibition will face fines and mandatory community service hours. Michigan’s newest distracted driving law expands on the 2010 no texting while driving law and significantly increases prohibited activities while a driver is operating a motor vehicle. What activities are banned? Beginning on June 30, 2023, Michigan drivers are prohibited from using, or even holding, a mobile electronic device—like ...
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Community Zoom Recap: Michigan Marketable Record Title Act (MRTA)

By Matthew J. Franson posted 05-10-2023
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On Thursday, May 4, 2023, we held an ICLE Community Zoom discussion about recent developments concerning the MRTA. Lavinia Biasell , David Martyn , and Kayleigh Long shared their expertise and insights into this topic. Here is a quick recap of what was discussed: · History and Purpose of the MRTA . The panelists discussed the history and purpose of the MRTA noting that, as of 2023, 17 states have implemented some form of the MRTA, which aims to simplify the process of determining property interests. In Michigan, the MRTA establishes a 40-year-search window. The act intends to eliminate the need to search back to the original covenant ...
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Artificial Intelligence in the Legal Industry

By Matthew J. Franson posted 04-17-2023
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Artificial Intelligence (AI), by its very nature, is improving at a rapid pace. For example, Open AI’s latest iteration of its widely discussed AI tool, ChatGPT-4, passed all sections of the Uniform Bar Exam, whereas the previous version, ChatGPT-3.5, failed . There is little doubt that AI will be used throughout the legal industry, though the jury is out as to how ubiquitous it will become and how widely accepted it will be. What it has the potential to do is significant, including handling many of the daily tasks of legal professionals. Prompting ChatGPT with the question, “How can you be used in the legal industry?” produced the following, perhaps ...
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U.S. Supreme Court Reinforces Overtime Pay for Daily-Rate Workers

By Tala Dahbour posted 03-20-2023
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Holding In Helix Energy Sols Grp, Inc v Hewitt , No 21-984, ___ US ___ (Feb 22, 2023), the respondent employee did not qualify as a bona fide executive subject to exemption from the Fair Labor Standards Act of 1938’s (FLSA) overtime pay guarantee. Daily-rate workers, regardless of income level, qualify as paid on a salary basis only if their compensation meets conditions set out in 29 CFR 541.604(b). Background Michael Hewitt filed an action against his employer, Helix Energy Solutions Group, claiming he was entitled to overtime pay as a covered employee under the FLSA. Despite Hewitt working well over 40 hours per week, Helix paid Hewitt ...
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Community Zoom Recap: Marijuana Update

By Rebekah Page-Gourley posted 02-01-2023
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On Wednesday, January 25, 2023, we held an ICLE Community Zoom discussion about recent developments in marijuana law. John Fraser , Michelle Donovan , Ben Sobczak , and Jerome Crawford joined us to share their insights. Here’s a quick recap of what we covered: Detroit updates. Detroit’s original adult-use ordinance included a legacy program providing Detroit residents priority. That ordinance was challenged on a Dormant Commerce Clause theory and ultimately found unconstitutional. In 2022, the city passed a new adult-use ordinance seeking to correct the issues. The city still wanted to include the social equity component, so they separated equity applicants ...
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Updated: Changes to the No-Fault Model Civil Jury Instructions

By Matthew J. Franson posted 12-12-2022
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The Committee on Model Civil Jury Instructions has amended the no-fault Model Civil Jury Instructions, Chapters 35 and 36. The amendments reflect the many changes to Michigan’s no-fault laws passed in 2019. Notably, M Civ JI 36.06A was added to the instructions, reflecting the changes to MCL 500.3135(3)(d) providing that a nonresident plaintiff must establish a “threshold” injury to recover economic and noneconomic losses in a tort action. Also among the amendments is a new version of M Civ JI 36.01A defining serious impairment of body function, after the legislature codified McCormick v Carrier , 487 Mich 180 , 795 NW2d 517 ...
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Community Zoom Recap: Navigating Issues in Unemployment Insurance

By Tala Dahbour posted 11-14-2022
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On Tuesday, October 25, ICLE hosted a Community Zoom on navigating issues in unemployment insurance, featuring contributors Tony Paris, lead attorney at the Sugar Law Center for Economic & Social Justice, and Jennifer Charnizon, statewide staff attorney at Legal Services of South Central Michigan. With a wealth of knowledge and experience, Tony and Jennifer provided insight on current issues with Michigan unemployment insurance including the current backlog of cases, overpayment, fraud, recent developments in the law, and valuable practice pointers. Below are a few highlights from our discussion: Wage garnishment —Currently, there should not be any Pandemic ...
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Veterans Day 2022

By Max H. Matthies posted 11-04-2022
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In November 1919, President Wilson proclaimed November 11 as the first commemoration of “ the eleventh hour of the eleventh day of the eleventh month ” that ended the “war to end all wars,” calling it Armistice Day. President Eisenhower changed the name to Veterans Day in 1954, and after celebrating the day on the fourth Monday in October (to give folks a three day weekend), Michigan's own President Ford returned Veterans Day to its original, historically significant date of November 11. According to U.S. Census Bureau data, there are about 19 million veterans age 18 and older in the United States, with about 13 million age 50 and older. Recent legislation ...
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Abortion in Michigan since Roe v Wade was overturned

By Lindsey A. DiCesare posted 09-19-2022
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The Supreme Court of the United States ruled on Dobbs v Jackson Women’s Health Org , No 19-1392, ___ US ___ (June 24, 2022), rev’g and remanding 45 F3d 265 (5th Cir 2019), aff’g 349 F Supp 3d 536 (SD Miss 2018), in a 5-3-1 decision . The decision overturned Roe v Wade , 410 US 113 (1973), and Planned Parenthood of SE Pennsylvania v Casey , 505 US 833 (1992), holding there is no longer a federal constitutional right to an abortion. The authority to regulate abortions is now determined by states. Litigation has ensued in Michigan regarding access to abortion post- Dobbs . Michigan has a 1931 abortion ban . See MCL 750.14–.15 . The statute allows ...
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July U.S. Supreme Court Opinion Roundup

By Tala Dahbour posted 08-01-2022
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In a turning point in national history, the U.S. Supreme Court 2021-22 term ended with a cascade of seminal decisions. The 6-3 conservative supermajority ruled on gun rights, religion, immigration, environmental law, abortion, and criminal procedural rights among other constitutional questions. While the effect of some of these cases have immediately permeated public policy, such as with state gun regulations and abortion laws, the broader implications of the Court’s turn to constitutional originalism and the overturning of long-standing precedent will continue to have far-reaching effects on future governance. A brief summary of some of the most notable decisions ...
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New Laws Repeal 2020 COVID-19 Liability Protections

By Tala Dahbour posted 07-19-2022
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On July 11, 2022, Governor Gretchen Whitmer signed three bills into law that repeal COVID-19-related protections for Michigan businesses, employers, and employees in 2020 PA 236 , 237 , and 238 . The affected 2020 COVID-19 legislation protected compliant individuals, entities, and employers from liability against COVID-19 related claims and prohibited employer retaliation against employee absence consistent with established COVID-19 legal requirements. The new laws roll back COVID-19 liability protections in the following ways: 2022 PA 139 amends the COVID-19 Response and Reopening Liability Assurance Act, MCL 691.1451–.1460 , by eliminating ...
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Mandatory Interim Administrator Planning for Lawyers Coming in 2023

By Rebekah Page-Gourley posted 06-17-2022
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On June 15, 2022, the Michigan Supreme Court issued ADM File No 2020-15 , amending State Bar Rule 2, adding State Bar Rule 21, adding Subchapter 9.300 of the Michigan Court Rules, and amending MCR 9.119 . The amendments, effective September 1, 2023, require attorneys in private practice to designate an interim administrator “to protect clients by temporarily managing the attorney’s practice if the attorney becomes unexpectedly unable to practice law.” State Bar Rule 21(A). The State Bar of Michigan (SBM) Receivership Workgroup 2019 recommendation indicated that many Michigan attorneys do not have a sufficient plan in place to protect their clients in the ...
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Case Evaluation Changes—Community Zoom Recap

By Matthew J. Franson posted 04-22-2022
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We recently held an informal ICLE Community Zoom discussing the amendments to the case evaluation rules eliminating sanctions, among other changes. Attorneys Justin Hakala from Plunkett Cooney and Henry Langberg from Henry Langberg PC joined us to provide their expert analysis and insights. Here are some of the highlights: Major changes . (1) Case evaluation sanctions under MCR 2.403(O) were eliminated. (2) The provision in the offer of judgment court rule that offer of judgment sanctions may not be awarded in cases that had been submitted to case evaluation unless the case evaluation award was nonunanimous was deleted. Under the amended court rule, ...
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Gym Not Entitled to "Just Compensation" for COVID-19 Closure

By Matthew J. Franson posted 04-06-2022
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Overview Gym 24/7 Fitness, LLC, sued the State of Michigan, alleging an unconstitutional taking of its business property resulting from Governor Whitmer’s executive orders shuttering businesses in response to COVID-19. Gym 24/7 Fitness, LLC v State , No 355148 , ___ Mich App ___, ___ NW2d ___ (Mar 31, 2022). Although plaintiff accepted that the executive orders were issued “‘solely for a public purpose,’” it contended that the state and federal constitutions “‘require the payment of just compensation if eminent domain proceedings are not first commenced.’” Id., slip op at *3. Takings Clauses The issue on appeal was “whether the business owner ...
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The Women’s National Team Settles with U.S. Soccer in Equal Pay Claims

By Lindsey A. DiCesare posted 04-04-2022
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On February 22, 2022, the U.S. Women’s National Soccer Team (USWNT) and U.S. Soccer Federation (USSF) announced a settlement had been reached in their ongoing case. In 2019, twenty-eight members of the USWNT filed a lawsuit against USSF in federal court alleging violations of the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964 . The district court conditionally certified the case as a collective action under the Equal Pay Act and certified the case as a class action under Title VII. The district court granted summary disposition to USSF on the player’s pay-discrimination claims. USWNT then sought review of that ruling in an appeal to ...
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60 Tech Tips in 60 Minutes Excerpted

By Max H. Matthies posted 03-21-2022
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After a remote conference last year, the ABA TECHSHOW reconvened in person in Chicago, March 3-5, 2022. For the first time in almost a decade, I had to sit this one out, and I had serious FOMO. After three days of substantive workshops, the TECHSHOW ends the conference with “60 in 60,” a fast-paced, multi-speaker plenary presenting 60 technology-focused tips in an hour. In 2017, there was a pretty prescient tip recommending Zoom, 2019 offered a little more of an analog tip, and 2020 went downright old school . Still, year after year, the speakers present tips, tools, and resources that run the gamut, and this year was no different. Here are a few of ...
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Getting Michigan Lawyers Out of the Business of Social Work

By Jeanne E. Murphy posted 03-07-2022
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​ For years, lawyers in Michigan with high conflict custody cases have had recourse to parenting coordinators. Under MCL 722.27c, the court may enter an order for a parenting coordinator for a specified term if the parties and the coordinator agree to the appointment and its scope. The parenting coordinator can help the parties resolve issues with transportation, childcare, discipline, extracurricular activities, school issues, among other things. This can free the parties’ lawyers up to work on the legal aspects of their client’s case, can reduce the parties’ legal bills, and hopefully help the parties learn the skills to resolve issues on their own. Such ...
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CDC Updated Guidance on Mask Protocol

By Lindsey A. DiCesare posted 03-02-2022
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On Friday, February 25, 2022, the Centers for Disease Control and Prevention (CDC) announced updated protocol for COVID-19 mask mandates . The risk of medically significant disease, hospitalization, and death from COVID-19 has decreased with many individuals now either vaccinated or developing natural immunity from COVID infections. Therefore, the effect of COVID-19 on health and health care systems is also decreasing. However, some health systems are still strained by serious COVID-19 illnesses. Data broken down by county can be found with this map . The CDC’s new COVID-19 community levels tools is being used to help counties determine the ...
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Sixth Circuit Weighs In on Business Losses Resulting from COVID-19

By Matthew J. Franson posted 02-28-2022
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In Brown Jug, Inc v Cincinnati Ins Co , Nos 21-2644 et al, ___ F3d ___ (6th Cir Feb 23, 2022), plaintiffs, restaurants and entertainment venues, made claims against their policies with defendant, Cincinnati Insurance Company, for loss of income as a result of COVID-19 and related executive orders. The policies’ relevant provisions provided that defendant would compensate plaintiffs if, and only if, plaintiffs suffered a “direct physical loss or damage to” its covered property or if a loss to a nonpolicy holder’s property prevented access to plaintiffs’ property. Definition of Loss Directly at issue to the three policy provisions is the phrase “direct ...
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