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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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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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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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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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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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​ 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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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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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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At ICLE’s Community Zoom discussion on February 9, Michelle Gallagher from Adamy Valuation led a discussion with 35 participants about tax implications for child and spousal support. Below are some highlights: Determining income: Child support is always nontaxable to the recipient and nondeductible to the payor. Spousal support is not as straightforward. If the divorce happened from 2019 to today, it is nontaxable to the recipient and nondeductible to the payor. Before 2019, this depended on how the arrangements were made at the time of the divorce. Bonus income is considered net income (not gross income) if the agreement was after 2019 for the alimony. ...
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Earlier this month, amendments to the no-fault Model Civil Jury Instructions, Chapters 35 and 36, were published for comment. The comment period ends on July 15, 2022. The proposed amendments reflect the many changes to the 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 proposed is M Civ JI 36.11A, a new instruction defining “serious impairment of body function,” after the legislature codified the holding of McCormick v Carrier , 487 Mich ...
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On January 24, 2022, the U.S. Supreme Court agreed to hear challenges to race-conscious admissions at Harvard University and the University of North Carolina at Chapel Hill. Read the cert petitions here and here . Students for Fair Admissions is challenging the race-based admissions policies and asking the U.S. Supreme Court to rule that Title VI of the Civil Rights Act bars colleges and universities that receive federal funding from considering race in the admissions process. Additionally, they are arguing the 14 th Amendment bars public schools from considering race. The group is asking the court to overrule Grutter v Bollinger , a 2003 case, ...
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The Michigan Supreme Court has clarified the standards for petitions for a constitutional amendment, ballot initiative, or referendum, including a requirement in MCL 168.482(7) that petitions include a checkbox indicating whether the signature gatherer is paid or a volunteer. In League of Women Voters of Michigan v Secretary of State , Nos 163711, 163712, 163744, 163745, 163747, 163748, ___ Mich ___, ___ NW2d ___ (Jan 24, 2021), the court held that the checkbox requirement passes constitutional muster. It further held that its decision is prospective so that only signatures gathered after January 24, 2022, must be on a petition that contains a checkbox. ...
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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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