Latest Blogs

 
Be the first person to recommend this.
In a speech on Thursday, September 9, 2021, President Biden announced a   six-part plan   aimed at combating the spread of the Delta variant of COVID-19, consisting of the following components: Vaccinating the Unvaccinated Further Protecting the Vaccinated Keeping Schools Safely Open Increasing Testing and Requiring Masking Protecting Our Economic Recovery Improving Care for Those with COVID-19 The Vaccinating the Unvaccinated component includes vaccine mandates for three categories of workers: Employers with 100+ employees:   The Department of Labor’s Occupational Safety and Health Administration (OSHA) will promulgate an “emergency ...
0 comments
Be the first person to recommend this.
Judge Linda Parker of the U.S. District Court for the Eastern District of Michigan issued a 110-page opinion and order on August 25, 2021, granting a motion for sanctions against the attorneys for plaintiffs in King v Whitmer , No 20-13134 (ED Mich Aug 25, 2021). King v Whitmer was a challenge to the November 2020 presidential election results in Michigan. In December 2020, Judge Parker denied plaintiffs’ request to decertify Michigan’s election results or to stay the delivery of the certified results to the Electoral College. In explaining her decision, Judge Parker wrote: The attorneys who filed the instant lawsuit abused the well-established rules ...
1 comment
Be the first person to recommend this.
On August 26, 2021, in a 6-3 per curiam   opinion ,   Alabama Ass’n of Realtors v Department of Health and Human Servs , No 21A23, ___ US ___ (Aug 26, 2021), the U.S. Supreme Court affirmed the U.S. District Court for the District of Columbia’s decision to lift the stay of its judgment holding that the temporary eviction moratorium issued by the Centers for Disease Control and Prevention (CDC) was unlawful. That holding blocks the CDC’s ban on residential evictions, which had been entered on August 3, 2021, and banned residential evictions under certain circumstances through October 3, 2021. The court held that the statute the CDC had relied on in issuing ...
0 comments
Be the first person to recommend this.
I recently filmed a Trade Secrets Update on-demand seminar with ICLE contributors Paul Mersino and Bernie Fuhs (available soon in the ICLE Partnership), and one of the things we discussed was the recent wave of employee resignations spurred by COVID-19 . Paul and Bernie pointed out that some of the folks who hung onto their jobs through the first part of the pandemic are now craving change and balance after over a year of working remotely and spending more time with family. This desire for flexibility, combined with increased burnout and enhanced financial security, is emboldening many employees to look elsewhere. The seminar tackles the trade-secret ...
0 comments
Be the first person to recommend this.
On August 3, 2021, the Centers for Disease Control and Prevention (CDC) issued an   order   halting certain residential evictions through October 3, 2021. This new order halts evictions “in counties with heightened levels of community transmission in order to respond to recent, unexpected developments in the trajectory of the COVID-19 pandemic, including the rise of the Delta variant.” As with the previous CDC orders, this order cites   42 USC 264   and 42 CFR 70.2 as authority. The order’s stated objectives are as follows: mitigating the spread of COVID-19 within crowded, congregate, or shared living settings or through unsheltered homelessness mitigating ...
0 comments
Be the first person to recommend this.
Reform is at hand for juvenile delinquency law. I recently had the pleasure of recording an on-demand seminar with Dan Geherin on this topic. Dan, who has practiced juvenile law both as a prosecutor and a defense attorney, highlighted the major legislative changes, including: Raise the Age – Effective October 1, 2021, the age of criminality is raised to 18. See 2019 PAs 102 through 113. Criminal defense attorneys should be prepared for a subsequent rise in juvenile delinquency cases.   Clean Slate for Kids – Starting July 3, 2021, 2020 PA 361 expands discretionary expungement availability for juveniles with automatic expungements to follow in 2023. ...
0 comments
Be the first person to recommend this.
On July 26, 2021, the Michigan Supreme Court issued   ADM File No 2020-08 , which amends several court rules to allow video hearings and electronic filing. These amendments retain several existing provisions of the administrative orders adopted by the court during the COVID-19 pandemic. The amendments are effective immediately, but comments on the rule changes may be sent to the supreme court clerk in writing or electronically by November 1, 2021. The amendments are summarized below: MCR 2.107 , Service and Filing of Pleadings and Other Documents:   All service of process, except case initiation, must be performed through electronic means to the greatest ...
0 comments
Be the first person to recommend this.
Michigan Supreme Court Orders The  Michigan Supreme Court  has issued 21 administrative orders in response to the COVID-19 pandemic, which are summarized below by topic. Only AO 2020-17 remains active. Effective July 26, 2021, the court rescinded AOs 2020-1, 2020-6, -9, -13, -14, -19, and -21 via  ADM File No 2020-08 . All other pandemic orders expired by their own terms. Many of the administrative orders listed here reference executive orders issued by Governor Whitmer. However, in  Midwest Inst of Health, PLLC v Governor of Michigan  (In re Certified Questions from the United States Dist Court) ,  506 Mich 332 , 958 NW2d 1 (2020), the court unanimously ...
0 comments
Be the first person to recommend this.
COVID-19 has exposed how many people, including some lawyers, misunderstand the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Armchair lawyers who do not know what a covered entity is repeatedly and erroneously have argued that HIPAA governs private businesses’ mask and vaccine requirements. Even without COVID-19, lawyers can come across HIPAA questions in numerous situations, including issuing subpoenas, deposing medical experts, and estate planning and administration. HIPAA’s details can be complicated, but there are HIPAA basics that are helpful for lawyers to understand: It’s not spelled HIPPA, and the “P” in HIPAA does not mean ...
0 comments
Be the first person to recommend this.
Michigan Supreme Court Orders The  Michigan Supreme Court  has issued 21 administrative orders in response to the COVID-19 pandemic, which are summarized below by topic. Many of the administrative orders listed here reference executive orders issued by Governor Whitmer. However, in  Midwest Inst of Health, PLLC v Governor of Michigan  (In re Certified Questions from the United States Dist Court) ,  506 Mich 332 , 958 NW2d 1 (2020), the court unanimously held that Governor Whitmer did not have the authority under the Emergency Management Act of 1976 (EMA),  MCL 30.401 et seq. , to declare a “state of emergency” or “state of disaster” based on COVID-19 ...
0 comments
Be the first person to recommend this.
We held an ICLE Community Zoom session on Lady Bird deeds on Wednesday, June 23. These Zoom sessions are an informal chance for ICLE Community members to discuss a particular topic or ask each other questions. We were joined by George Gregory , of Kemp Klein, and Rick Mills , of Marcoux Allen, and had 90 people signed in at one point, which set a record for participation. Here are some of the highlights: Validity. While some practitioners question the validity of Lady Bird deeds, they appear to be here to stay, as they are being widely used, especially in Medicaid planning. Excessive beneficiaries. Too many beneficiaries increases the chance of ...
0 comments
Be the first person to recommend this.
On June 24, 2021, the Centers for Disease Control and Prevention (CDC) issued an   order   extending its March 28 order, halting certain residential evictions through July 31, 2021. The order cites   42 USC 264   and 42 CFR 70.2 as authority. The order’s stated objectives are as follows: mitigating the spread of COVID-19 within shared living settings or through unsheltered homelessness mitigating the spread of COVID-19 from one state or territory to another mitigating the spread of COVID-19 by temporarily suspending the eviction of a covered person from residential property for nonpayment of rent supporting response efforts to COVID-19 at the federal, ...
0 comments
Be the first person to recommend this.
On June 22, 2021, the same day that the last broad Michigan Department of Health and Human Services   Gatherings and Face Mask Order   expired pursuant to the   Rescission of Emergency Orders , the Michigan Occupational Safety and Health Administration (MIOSHA) filed   new emergency rules   effective through December 22, 2021. The updated rules supersede the   emergency rules   issued on May 24, 2021, and no longer require Michigan employers to have a COVID-19 preparedness and response plan or to follow the previously outlined COVID-19 protocols for screenings, record keeping, sanitation, mask wearing, and distancing. The new MIOSHA emergency rules are ...
0 comments
Be the first person to recommend this.
On June 17, 2021, the director of the Michigan Department of Health and Human Services (MDHHS) issued a   Rescission of Emergency Orders   lifting a number of the department’s emergency orders as of June 22, 2021, at 12:01 a.m. Most significantly, it rescinds the June 1   Gatherings and Face Mask Order   capping indoor capacity at 50 percent, which was originally set to expire on July 1. Rescission of the June 1 order marks the removal of the last of the MDHHS’s remaining broad COVID-19 restrictions on businesses and individuals. The June 17 order also rescinds the following MDHHS emergency orders: Temporary Restrictions for Entry into Congregate Care ...
0 comments
1 person recommends this.
Landlord-tenant lawsuits a/k/a summary proceedings or eviction lawsuits have been around for over 150 years in Michigan and, for the most part, the laws have not changed. But in the last 50 years, the district courts have taken over and the unique laws and rules have become second nature. Five years ago, I wrote an article opining that the legislature should amend the summary proceedings act to eliminate the arbitrary $25,000 damage ceiling in district courts. This would allow landlords and tenants to resolve more disputes in one lawsuit, as opposed to two ( i.e ., a possession lawsuit in district court and a damages lawsuit in circuit court). Unfortunately, ...
0 comments
Be the first person to recommend this.
Julie Norris is the chief attorney development officer at Honigman LLP , where she leads attorney professional development initiatives aimed at career growth and development. Julie answers questions about lawyer wellness. Many of the nation's largest firm have already signed on to support the ABA Well Being Pledge , and Honigman was one of the initial signers . Can you talk a little bit about why, well before lawyer wellness was sort of in the Zeitgeist, Honigman decided to sign the ABA pledge? Sure, it's one of my favorite things to talk about because there is nothing more important than our attorneys’ health and well-being, and wellness ...
0 comments
Be the first person to recommend this.
On May 18, 2021, the U.S. Department of State announced a change in its interpretation and application of 8 USC 1401 regarding granting citizenship to children born abroad via in vitro fertilization (IVF) or surrogacy. Under the new policy: Children born abroad to parents, at least one of whom is a U.S. citizen and who are married to each other at the time of the birth, will be U.S. citizens from birth if they have a genetic or gestational tie to at least one of their parents and meet the INA’s other requirements.  The previous policy required that children born abroad have a genetic or gestational relationship to a U.S. citizen parent . The old policy ...
0 comments
Be the first person to recommend this.
On May 21, 2021, the director of the Michigan Department of Labor and Economic Opportunity updated its   COVID-19 emergency rules , promulgated pursuant to   MCL 24.248 , to align with the most recent Centers for Disease Control (CDC) guidance and Michigan Department of Health and Human Services (MDHHS) epidemic order. The amended rules are still set to remain in effect until October 14, 2021. The updated emergency rules apply to all employers covered by the Michigan Occupational Safety and Health Administration (MIOSHA) and “establish requirements for employers to control, prevent, and mitigate the spread of coronavirus disease 2019 (COVID-19) among employees.” ...
0 comments
Be the first person to recommend this.
The Michigan Department of Health and Human Services (MDHHS) issued a new   Gatherings and Face Mask Order   effective June 1, 2021, through July 1, 2021, replacing the   previous order . The new order does not include any capacity limits for any outdoor gatherings or for any residential gatherings, and it caps indoor establishments at 50 percent capacity. The MDHHS also issued a supplemental   Gatherings and Face Mask Order Infographic . On July 1, 2021, all broad MDHHS epidemic orders will be lifted. The Michigan Occupational Safety and Health Administration (MIOSHA) updated their   emergency rules   May 21, 2021, to bring them in line with the MDHHS ...
0 comments
Be the first person to recommend this.
On May 21, 2021, the Michigan Department of Health and Human Services (MDHHS) issued an  order , effective immediately, under the Public Health Code, setting out protocols for visitation to address the threat to public health caused by COVID-19. This order rescinds and replaces an order issued on March 17, 2021. The new order requires residential facilities to comply at all times with Centers for Medicare and Medicaid Services (CMS) guidance applicable to nursing homes included in  CMS memorandum QSO-20-39-NH . Principles for preventing infection.  The guidance in  CMS memorandum QSO-20-39-NH  stresses the importance of best practices to reduce the risk ...
0 comments