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In recent months, federal vaccine mandates have faced a number of lawsuits. What follows is a quick update on the status of legal challenges to the Occupational Safety and Health Administration (OSHA), Centers for Medicare and Medicaid Services (CMS), and federal contractor and employee mandates. OSHA Mandate On December 17, 2021, the Sixth Circuit   dissolved the Fifth Circuit’s stay   of the ETS. However, on January 13, 2022, the U.S. Supreme Court, finding that plaintiffs were likely to prevail on the merits, issued a   new temporary stay . The court noted that while plaintiffs argued that the costs were too high and OSHA argued that the mandate would ...
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When George Gregory passed away last week, many of us at ICLE were heartbroken. Those of us who worked closely with George had gotten to know him on a personal level and cared deeply for him. He was a legend in law practice and in CLE. He spent most of his career giving back to the profession, and his kindness and selfless sharing showed through every day. George was set to moderate the Annual Drafting Estate Planning Documents seminar next month in Plymouth and to present and moderate at the Probate Institute in May and June. He helped ICLE plan the drafting seminar since its inception 31 years ago. In 2017, ICLE presented George with the George A. Cooney ...
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In recent weeks, federal vaccine mandates have faced a number of lawsuits. What follows is a quick update on the status of legal challenges to the Occupational Safety and Health Administration (OSHA), Centers for Medicare and Medicaid Services (CMS), and federal contractor mandates. OSHA Mandate On December 17, 2021, the Sixth Circuit   dissolved the Fifth Circuit’s stay   of the ETS. However, on January 13, 2022, the U.S. Supreme Court, finding that plaintiffs were likely to prevail on the merits, issued a   new temporary stay . The court noted that while plaintiffs argued that the costs were too high and OSHA argued that the mandate would save lives, ...
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In recent weeks, federal vaccine mandates have faced a number of lawsuits. What follows is a quick update on the status of legal challenges to the Occupational Safety and Health Administration (OSHA), Centers for Medicare and Medicaid Services (CMS), and federal contractor mandates. OSHA Mandate As discussed in this   Legal Update , the Sixth Circuit was selected to hear the petitions challenging the OSHA   emergency temporary standard   (ETS) for workplace vaccine or testing mandates issued on November 5, 2021. OSHA filed an   emergency motion   to dissolve the stay on November 23, 2021. Other parties had to join by November 30, 2021; parties had ...
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A recent appeal to the Michigan Supreme Court could result in the rejection of signatures that two groups, Secure MI Vote and Unlock Michigan , have gathered for ballot initiatives. In October, the Michigan Court of Appeals held that two amendments to the Michigan Election Law, a 15 percent geographical limit on voter signatures in MCL 168.471 and the affidavit requirement of MCL 168.482a, are unconstitutional. League of Women Voters of Michigan v Secretary of State , Nos 357984, 357986, ___ Mich App ___, ___ NW2d ___   (Oct 29, 2021) ( LVW II ). However, the court upheld the requirement under MCL 168.482 that petitions contain a checkbox stating whether ...
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We recently held an informal discussion on Zoom on uncapping with Harley Manela of Mall Malisow & Cooney, P.C. and Jason Long of Steinhardt Pesick & Cohen, P.C. This conversation was one of several Zoom sessions we have hosted to give ICLE partners an opportunity to discuss current practice issues. It was a lively discussion with great insight from our panelists. Here are some highlights:  Important resources for handling uncapping issues . Harley Manela shared important resources to use to keep up with the frequent changes to uncapping laws, including MCL 211.27a , the Michigan State Commission Transfer of Ownership Guidelines , ICLE’s Real ...
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In recent weeks, federal vaccine mandates have faced a number of lawsuits. What follows is a quick update on the status of legal challenges to the Occupational Safety and Health Administration (OSHA), Centers for Medicare and Medicaid Services (CMS), and federal contractor mandates. OSHA Mandate As discussed in this   Legal Update , the Sixth Circuit has been selected to hear the petitions challenging the OSHA   emergency temporary standard   (ETS) for workplace vaccine or testing mandates issued on November 5, 2021. OSHA filed an   emergency motion   to dissolve the stay on November 23, 2021. The briefing schedule for the motion has been announced: ...
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On December 2, 2021, the Michigan Supreme Court issued ADM File No 2020-06 , amending MCR 2.403 , .404 , and .405 , effective January 1, 2022. The amendments allow parties to avoid case evaluation by stipulating to a different alternative dispute resolution (ADR) process approved by the court. MCR 2.403(A)(2)-(3) (as amended). The amendments delete former MCR 2.403(O), which outlined a rejecting party’s liability for costs, in its entirety. This removes sanctions—and their attendant strategic considerations—from the case evaluation process. The amending order makes a number of other changes, which ICLE partners can read about in this Legal Update . In ...
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In recent weeks, federal vaccine mandates have faced a number of lawsuits. What follows is a quick update on the status of legal challenges to the Occupational Safety and Health Administration (OSHA), Centers for Medicare and Medicaid Services (CMS), and federal contractor mandates. OSHA Mandate As discussed in this blog post ,  the Sixth Circuit has been selected to hear the petitions challenging the OSHA   emergency temporary standard   (ETS) for workplace vaccine or testing mandates issued on November 5, 2021. OSHA filed an   emergency motion   to dissolve the stay on November 23, 2021. The briefing schedule for the motion has been announced: other ...
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In March 2017, Washington, D.C., attorney Jack Metzler tweeted an idea that he thought would make legal writing easier to read. The tweet proposed that writers eliminate the multiple sets of quotation marks and other punctuation traditionally used when quoting a court decision that quotes something else, and instead use the parenthetical (cleaned up). As the (cleaned up) idea started to catch on, Metzler expanded on his proposal : The idea is simple. When you use a quote to draw on the authority of the court you’re quoting, the reader doesn’t need to know that the court was itself quoting an earlier authority because the words of the quotation ...
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The Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard (ETS) for workplace vaccine or testing mandates on November 5, 2021. The next day, the U.S. Court of Appeals for the Fifth Circuit issued an   order   entering a stay of the mandate, citing concerns over “grave statutory and constitutional issues.” On November 12, the Fifth Circuit issued an opinion reaffirming its stay. The court held that the ETS was overinclusive in its application to employees in a wide range of industries despite the different risks involved in the various workplaces. The court also found that the mandate was underinclusive, as the 100-employee ...
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The Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard (ETS) for workplace vaccine or testing mandates on November 5, 2021. The next day, the U.S. Court of Appeals for the Fifth Circuit issued an   order   entering a stay of the mandate, citing concerns over “grave statutory and constitutional issues.” In their brief, the businesses and employees petitioning the court argued that the ETS exceeds OSHA’s statutory authority or, in the alternative, that the statute is unconstitutional. On November 12, the Fifth Circuit issued an opinion reaffirming its stay. The court held that the ETS was overinclusive in its application ...
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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. Veterans Day includes an "s" at the end of "veterans" but has no apostrophe because it is not a day that "belongs" to veterans; it is a day for honoring all veterans of ...
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The Occupational Safety and Health Administration (OSHA) issued its emergency temporary standard (ETS) for workplace vaccine and testing mandates on November 5, 2021. The next day, the U.S. Court of Appeals for the Fifth Circuit issued an   order   entering a temporary stay of the mandate, citing concerns over “grave statutory and constitutional issues.” In their brief, the businesses and employees petitioning the court argued that the ETS exceeds OSHA’s statutory authority or, in the alternative, that the statute is unconstitutional. Solicitor of Labor Seema Nanda   said in a statement   that “[t]he Occupational Safety and Health Act explicitly gives ...
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This year, we started holding periodic informal Zoom discussions posted in the ICLE Community to give ICLE Partners a chance to meet up and discuss current practice issues. Most recently, we invited Tim Dinan , Jehan Crump-Gibson , and Fatima Bolyea to join us and share some of their best practice tips for new lawyers. The resulting discussion was an absolute treasure trove of advice. Here are some highlights for those who missed out: Courtroom Logistics . It can be challenging for new attorneys to figure out the basic logistics of appearing in court, especially because every court and courtroom is different. The best thing to do is observe, which ...
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On October 13, 2021, the Michigan Supreme Court adopted the Uniform Bar Examination (UBE). Pending the adoption of required legislation, the first test will be administered in July 2022. Michigan will join approximately 39 other jurisdictions that now administer the UBE. The UBE allows a candidate’s test score to transfer between states that have adopted the exam, eliminating the need to study for and pass state-specific tests. Each state has a minimum passing score , ranging from 260 up to 280 (out of 400 possible points). Michigan’s minimum passing score has not yet been determined. The candidate must still get the state’s character and fitness stamp of ...
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The Equal Employment Opportunity Commission (“EEOC”) recently filed suit in the U.S. District Court for the Northern District of Georgia alleging an employer denied accommodations for remote work violating the Americans with Disabilities Act (the “ADA”). The suit was filed on behalf of Ronisha Moncrief, an employee of ISS Facility Services, Inc., who suffers chronic obstructive lung disease and hypertension. ISS required all employees to work remotely four days a week from March 2020 to June 2020 due to the pandemic. When ISS required employees to return in person in June, Moncrief requested accommodations to work remotely twice a week and to take frequent ...
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The Secretary of State seems to say no:   “A Notary public may not be a signature witness and notarize the same document.” The Secretary of State relies on MCL 55.291, which sets forth prohibited conduct for notaries and includes “[n]otarize his or her own signature.” MCL 55.291(2)(b). The requirements for the execution of a durable power of attorney, under MCL 700.5501(2) , provide that the document must be one or both of the following:          (a) Signed in the presence of 2 witnesses, neither of whom is the attorney-in-fact, and both of whom also sign the durable power of attorney.          (b) Acknowledged by the principal before a notary public, ...
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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 ...
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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 ...
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