ClimateChange-ClimateLaw

AUGUST 7, 2024

Over the last 10 years, dozens of townships in Michigan have effectively halted renewable energy development by adopting severe zoning restrictions, such as moratoriums. In the event that the PSC assumes control over an application, it will be allowed to preempt any local restrictions that would otherwise apply.

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SCOTUSBlog

OCTOBER 12, 2021

Share Wednesday’s argument in Babcock v Kijakazi will take the justices deep into the intersection of the Social Security Act and a host of statutes defining the obligations and compensation of National Guard workers. Therefore, Babcock reasons, payments for that work are payments “based wholly on” that service.

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Day on Torts

AUGUST 17, 2022

Judge Aleta Trauger has ruled that, given a recent decision of the Sixth Circuit Court of Appeals looking at Michigan law, “it is clear that the presuit notice requirement set forth in Tenn. Code Ann. § 29-26-121(a)(1) and the certificate of good faith requirement in Tenn. Code Ann. § ” The Sixth Circuit ruled in Albright v.

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Law 360

JULY 26, 2024

government has failed to show how the Corporate Transparency Act meets narrow exceptions to the Fourth Amendment's search warrant requirements, a group of small businesses told a Michigan federal court Friday in contending that the statute is unconstitutional.

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The Crime Report

JULY 9, 2021

Department of Justice (DOJ) are jointly responsible for enforcement of criminal civil-rights statutes, according to the BJS report. The states with the largest number of federal hate crime investigations recorded over the period were: Michigan, Ohio, Mississippi, Texas and California.

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SCOTUSBlog

APRIL 8, 2022

City of Detroit, Michigan , Baxter Jones asks the justices to consider whether public entities are liable for their employees’ violations of federal protections for persons with disabilities. City of Detroit, Michigan. For the time being, the map adopted by the North Carolina Superior Court remains operative for 2022 elections.

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Law 360

MAY 19, 2023

The firm Butzel Long cannot defend itself from a malpractice suit using a time-barring statute of repose that hadn't been enacted as law yet at the time when the firm signed a tolling agreement with its former client, a Michigan appellate court ruled.

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SquirePattonBoggs

JANUARY 13, 2021

Whitmer , which upheld the State of Michigan’s alcohol delivery laws in the face of a dormant Commerce Clause challenge. Like many states, Michigan employs a “three-tier system” for alcohol distribution. In 2016 Michigan enacted a statute permitting licensed retailers (the third tier) to offer home delivery.

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JonathanTurley

DECEMBER 15, 2021

The referral shows how such ambiguous statutes undermine free speech. (d) Conduct arising from posting the message causes the victim to suffer emotional distress and to feel terrorized, frightened, intimidated, threatened, harassed, or molested.”. All four criteria must be met.

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SCOTUSBlog

APRIL 29, 2022

The Fund for Protection of Investors’ Rights in Foreign States , the justices wrestled with whether private commercial arbitrations and bilateral investment treaty arbitrations qualify as tribunals within the meaning of the statute. to obtain discovery from ZF Automotive US, a Michigan subsidiary of a German corporation.

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SCOTUSBlog

AUGUST 29, 2023

The court’s other task — interpreting federal statutes — remains markedly underrepresented. Similarly, securities laws have produced a steady diet of cases at the court each year since the adoption of the major securities statutes in 1933 and 1934. Two of the nation’s leading securities scholars, A.C.

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Law 360

OCTOBER 18, 2023

A large majority of the Michigan Senate voted Wednesday to move forward with repealing pharmaceutical companies' immunity from product liability lawsuits, with legislators saying the unique statute has kept residents from seeking justice for harm caused by drugs.

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Law 360

MAY 30, 2023

A Michigan federal judge has said a steakhouse embroiled in a negligence suit with its former attorney can't strike the lawyer's statute of limitations defense, ruling the company had overshot the 21-day deadline for the motion by nearly a year.

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Conflict of Laws

OCTOBER 28, 2021

Undeterred, NWTC filed suit against RMA in state court in Michigan. RMA immediately moved to dismiss the Michigan lawsuit on the grounds that the state court lacked personal jurisdiction over it. It then argued that this language necessarily excluded state courts because these courts were only “of” the State of Michigan.

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LawSites

JULY 27, 2022

“We pointed to Arizona, we pointed to Utah, we pointed to Washington, and we pointed to Michigan and its efforts, and we have a program to offer. “But the legislature has just now, at least written in statute, the inability to proceed with that.

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FDA Law Blog

OCTOBER 4, 2023

The Plaintiffs argued the unconstitutionality of the Medicare Negotiation Program under the Fifth Amendment by relying on Michigan Bell v. As such, that statute was unjust, confiscatory and violated their constitutional due process rights. Engler , a 2001 decision by the Sixth Circuit Court of Appeals. See Motion at 11. Order at 22.

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Paralegal Mentor

MAY 15, 2014

We discuss the Innocence Project and the Post Conviction DNA Testing Statutes that opened the door for exoneration of the innocent around the country. In 2006, Professor Mitchell received the Justice For All award from the Criminal Defense Attorneys of Michigan for her Innocence Project work. Cooley Law School.

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Constitutional Law Reporter

APRIL 18, 2023

Facts of the Case Petitioner Miguel Luna Perez (Perez), who is deaf, attended schools in Michigan’s Sturgis Public School District (Sturgis) from ages 9 through 20. They claimed that Sturgis supplied Perez with unqualified interpreters and misrepresented his educational progress.

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Conflict of Laws

MAY 17, 2023

There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. A clause is contrary to public policy when a statute or a judicial decision declares that enforcement is inconsistent with the policy of the state. The United States legal system is immensely complex.

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Patently O

MARCH 16, 2024

The case arose after James Freed, the city manager of Port Huron, Michigan, deleted comments and blocked a Port Huron citizen (Kevin Lindke) from commenting on Freed’s personal Facebook page after Lindke used the forum to criticize the city’s handling of the COVID-19 pandemic. ” 42 U.S.C.

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SquirePattonBoggs

SEPTEMBER 18, 2023

Judge Griffin further noted that every other circuit that has considered the meaning of “a sentence” in the statute has come out differently than Jackson and Carpenter. According to Judge Griffin, the “historical fact” approach only made grammatical sense if one replaced the word “has” in section 403(b) with “had.”

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Broadcast Law Blog

SEPTEMBER 2, 2014

At a recent FCC update I did for the Michigan Association of Broadcasters at their summer convention, a number of questions and concerns were raised by TV broadcasters – concerns that I heard many times this summer at other broadcasters meetings around the country. But there are other issues to be resolved as well.

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Constitutional Law Reporter

APRIL 10, 2024

In 2014, Freed updated his Facebook page to reflect his position as city manager of Port Huron, Michigan. He eventually converted his profile to a public “page,” which allowed anyone to see and comment on his posts.

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JonathanTurley

JULY 17, 2023

Even liberal states such as California and Michigan have made it unlawful by referendum. A nuclear option could also face complications in some states, where school charters or statutes give schools control over admissions. That has led many citizens to ask what can be done. After all, most people oppose such use of race in admissions.

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JURIST

FEBRUARY 5, 2023

Michigan Circuit Judge Christina Elmore Friday refused to drop a second-degree murder charge against Christopher Schurr, a former police officer for the Grand Rapids Police Department. Schurr was on paid leave and then fired after fatally shooting Black motorist Patrick Lyoya in the back of the head during a struggle over a taser.

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LegalReader

JANUARY 6, 2022

The statute of limitations bars victims from taking legal action after a certain amount of time has passed. . Many of the cases have been dismissed because victims took too long to come forward.

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LegalReader

NOVEMBER 8, 2021

Court’s decision has long-term implications regarding medical malpractice statute of limitations.

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SCOTUSBlog

MARCH 6, 2025

In 1993, William Neilly was sentenced in Michigan state court to life without the possibility of parole for a homicide he committed as a juvenile. Both Michigan and the United States concede that courts disagree about whether restitution is civil or criminal. They now seek review. Stay tuned; we should be learning more on Monday.

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SCOTUSBlog

OCTOBER 6, 2021

Davenport to consider whether a Michigan prisoner, whose constitutional right to a fair trial was violated when he was visibly shackled before the jury, is entitled to habeas corpus relief. Share The Supreme Court heard oral argument Tuesday in Brown v.

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Patently O

MARCH 24, 2022

Editors note – I invited Professor Nina Mendelson (University of Michigan Law School) to author a guest post after reading her 2020 Admin. The exclusivity provision specifically bars reliance on a statute “providing general authority” to an agency head to “delegate” or “reassign” duties.

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SCOTUSBlog

APRIL 22, 2022

The answer to that question turned on the relationship between a Supreme Court decision and a congressional statute. The majority noted that the Michigan Supreme Court had denied leave to appeal and that such discretionary denials are not typically adjudications of the underlying merits of the claims. In Brecht v.

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SCOTUSBlog

APRIL 26, 2023

Tyler’s theory, he stressed, would declare many state statutes unconstitutional and would turn states into real estate agents. When a state extinguishes a property right because the property owner has failed to comply with reasonable conditions on ownership, Katyal contended, there is no taking.

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SCOTUSBlog

MARCH 22, 2022

The statute does not define the term “tribunal.” a Michigan subsidiary of a German corporation. Sixteen years later, Congress amended the operative language to allow a U.S. It is clear that by replacing the term “court” with the term “tribunal” Congress intended to widen the application of Section 1782. Facts of the present disputes.

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The Crime Report

DECEMBER 5, 2022

In addition, 39 states and the District of Columbia have similar prohibitions on their statutes, with many expanding the restrictions to include individuals under temporary, or ex parte, orders prior to a full hearing. Ruling that these laws are unconstitutional will put mainly women and children in danger.

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The Fashion Law

OCTOBER 19, 2021

According to the complaint that he filed in a Michigan state court in September 2020, Mr. Moran alleged that in or around 2012, New York-based Edie Parker LLC and its founder Brett Heyman (the “defendants”) “began selling high end handbags and accessories patterned after vintage styles favored by Ms. Parker’s estate. Parker’s heirs.”.

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The Crime Report

JUNE 23, 2022

Half of all incarcerated people serving LWOP are located in one of five states included in the review: California, Florida, Louisiana, Michigan, and Pennsylvania. The report studied 39,253 people serving life-without-parole sentences in 20 states, representative of three-quarters of the LWOP population across the country.

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LawSites

FEBRUARY 26, 2024

Stanford Law School’s Filing Fairness Project which has partnered with state and local court systems and officials in Alaska, California, Colorado, Kansas, Michigan, Texas and Virginia, has helped establish the conditions necessary for the development of sustainable, multistate solutions to filing problems.

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