Latest Blogs

 

SCOTUS Limits the NLRB's Power to Obtain Preliminary Injunctions

By Tala Dahbour posted 18 days ago
Be the first person to recommend this.
Summary On June 13, 2024, the U.S. Supreme Court unanimously ruled that the four-factor test in Winter v Natural Res Def Council, Inc , 555 US 7 (2008), governs the issuance of preliminary injunctions under section 10(j) of the National Labor Relations Act (NLRA), 29 USC 160(j) . Starbucks Corp v McKinney , No 23-367, ___ US ___ (June 13, 2024). This opinion, with Justice Ketanji Brown Jackson concurring in part and dissenting in part, imposes a more stringent standard on 10(j) preliminary injunctions, eliminating deference to the National Labor Relations Board (NLRB) in such decisions. Facts The case arose when a Tennessee Starbucks terminated ...
0 comments

Revocation of Paternity Act Renamed to Revocation of Parentage Act

By Lindsey A. DiCesare posted 06-13-2024
Be the first person to recommend this.
2024 PA 29 renamed the Revocation of Paternity Act to the Revocation of Parentage Act. MCL 722.1431 . 2024 PA 29 also made amendments to language changing “father” to “parent” and “paternity” to “parentage” in MCL 722.1433 , .1435 , .1437 , .1439 , .1441 , and .1445 . MCL 722.1433 will also add a definition for donor, as defined in MCL 722.1703 of the Assisted Reproduction and Surrogacy Parentage Act, MCL 722.1701 et seq. In addition to updated language, amended MCL 722.1443 requires the court to consider the length of time a presumed parent was on notice that an individual might not be the child’s ...
0 comments

Michigan Passes Bill to Legalize Paid Surrogacy

By Lindsey A. DiCesare posted 06-06-2024
Be the first person to recommend this.
On April 1, 2024, the Michigan Family Protection Act passed in Michigan legalizing paid surrogacy. 2024 PA 24 . Michigan previously had a criminal ban on compensated surrogacy. The ban on paid surrogacy is now lifted and standards will be put into place to protect biological parents, the surrogate, and the child. Standards include the following: A surrogate must be at least 21 years old, have undergone a medical evaluation and a mental health consultation, and have previously given birth to at least one child. An intended parent (or parents) must be at least 21 years old and have a mental health consultation. The surrogate and the intended parent ...
0 comments

EPIC Omnibus Legislation Enacted with Sweeping EPIC Amendments

By Tala Dahbour posted 03-06-2024
1 person recommends this.
The EPIC Omnibus bill was signed into law on February 21, 2024, and takes immediate effect. 2024 PA 1 . The new law, put forward by the Probate and Estate Planning Section of the State Bar of Michigan, streamlines Michigan probate and estate law based on surveys of appellate cases and practitioners to identify areas of clarification and adopts certain standards from the Uniform Probate Code. Notable changes include: Statutory Thresholds. To alleviate the often-burdensome cost of judicial intervention in the transfer of assets, the amendments increase the statutory dollar number threshold dictating certain actions, such as the threshold for demanding ...
0 comments

MSC Adopts New Rules for ERPOs Effective February 13, 2024

By Katy P. Sanchez posted 02-13-2024
Be the first person to recommend this.
On February 6, 2024, the Michigan Supreme Court issued ADM File No. 2023-24 , which adopts amendments to MCR 3.701 and the addition of MCR 3.715 , .716 , .717 , .718 , .719 , .720 , .721 , and .722 , effective February 13, 2024. These changes follow the creation of the Extreme Risk Protection Order Act and amendments to the Firearms Act, the Code of Criminal Procedure, and the Revised Judicature Act in May of 2023. See more on those changes here . Subchapter 3.700 will be titled “Personal Protection and Extreme Risk Protection Proceedings,” and actions for extreme risk protection are included in the scope of the statute. ...
0 comments

Criminal Law Legislative Wrap-Up: New Protections and Expanded Rights

By Matthew J. Franson posted 01-15-2024
Be the first person to recommend this.
The Michigan Legislature passed numerous bills related to criminal law before adjourning for the year. The following laws, signed by the governor, include enhanced penalties for domestic violence offenders and for assaulting medical personnel, expanded rights for crime victims, codification of reproductive rights, classification of certain activities as hate crimes, additional protections for vulnerable adults, and new laws protecting election officials. The legislature also passed a package of bills geared toward the juvenile justice system. Expansion of List of Crimes that Bar Gun Ownership Domestic Violence The legislature passed a package of bills ...
0 comments

Michigan Adopts Uniform Power of Attorney Act (UPOAA)

By Nicole S. McNair posted 11-17-2023
Be the first person to recommend this.
On November 7, 2023, Governor Whitmer signed the Uniform Power of Attorney Act (UPOAA) into law. 2023 PA 187 . The UPOAA repeals the durable power of attorney provisions in the Estates and Protected Individuals Code (EPIC), MCL 700.5501–.5505 . It goes into effect on July 1, 2024. The UPOAA is a model statute developed by the Uniform Law Commission in 2006. Michigan joins 30 states and the District of Columbia in adopting this statute (or a substantially similar statute), which provides consistency in application of powers of attorney as people change states and allows Michigan to benefit from the jurisprudence of other states. The UPOAA applies to ...
0 comments

A Closer Look at the MRE Amendments Effective January 1, 2024

By Rebekah Page-Gourley posted 10-24-2023
Be the first person to recommend this.
The Michigan Supreme Court adopted amendments to the Michigan Rules of Evidence (MREs) effective January 1, 2024. According to the Staff Comment to the amending order, the amendments are designed to “restyl[e] the MREs in an effort to remain as consistent as possible with the 2011 restyling of the Federal Rules of Evidence.” ADM File No 2021-10 . There are also a few notable amendments to the Federal Rules of Evidence (FREs) effective December 1, 2023, that these MRE amendments do not parallel. MRE Amendments Effective January 1, 2024 While the MRE amendments are primarily stylistic, there are several linguistic changes that may be of interest ...
0 comments

Seven Things I Learned at the Cannabis Law Conference

By Rebekah Page-Gourley posted 10-12-2023
Be the first person to recommend this.
A few weeks ago, I was lucky enough to attend the 8 th Annual Cannabis Law Conference, presented by the Cannabis Law Section of the State Bar of Michigan in cooperation with ICLE. It was at the Grand Hotel on Mackinac Island and featured wonderful networking opportunities and truly rewarding substantive presentations. I didn’t make it to every session, but if you’re following this dynamic area of practice, you might be interested in hearing a little bit about what I learned. Federal policy updates. Hilary Bricken discussed the potential for the Drug Enforcement Administration to review a rescheduling recommendation that would move cannabis from a schedule ...
0 comments

Michigan Supreme Court Publishes Seven Criminal Law Opinions

By Matthew J. Franson posted 09-18-2023
Be the first person to recommend this.
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 ...
0 comments

Michigan’s New Distracted Driving Law: What You Need to Know

By Lindsey A. DiCesare posted 06-26-2023
Be the first person to recommend this.
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 ...
0 comments

Community Zoom Recap: Michigan Marketable Record Title Act (MRTA)

By Matthew J. Franson posted 05-10-2023
Be the first person to recommend this.
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 ...
0 comments

Artificial Intelligence in the Legal Industry

By Matthew J. Franson posted 04-17-2023
Be the first person to recommend this.
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 ...
0 comments

U.S. Supreme Court Reinforces Overtime Pay for Daily-Rate Workers

By Tala Dahbour posted 03-20-2023
Be the first person to recommend this.
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 ...
0 comments

Community Zoom Recap: Marijuana Update

By Rebekah Page-Gourley posted 02-01-2023
Be the first person to recommend this.
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 ...
0 comments

Updated: Changes to the No-Fault Model Civil Jury Instructions

By Matthew J. Franson posted 12-12-2022
Be the first person to recommend this.
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 ...
0 comments

Community Zoom Recap: Navigating Issues in Unemployment Insurance

By Tala Dahbour posted 11-14-2022
Be the first person to recommend this.
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 ...
0 comments

Veterans Day 2022

By Max H. Matthies posted 11-04-2022
Be the first person to recommend this.
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 ...
0 comments

Abortion in Michigan since Roe v Wade was overturned

By Lindsey A. DiCesare posted 09-19-2022
Be the first person to recommend this.
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 ...
0 comments

July U.S. Supreme Court Opinion Roundup

By Tala Dahbour posted 08-01-2022
Be the first person to recommend this.
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 ...
0 comments