Bryan R. Walters

Bryan R. Walters

Varnum LLP

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Website With Link To Third-Party Distributor Sufficient To Create Personal Jurisdiction

In Mor-Dall Enterprises Inc. v. Dark Horse Distillery LLC, the United States District Court for the Western District of Michigan addressed the question when a company's website create sufficient contacts with the forum state...more

4/23/2014 - Infringement Personal Jurisdiction Third-Party Relationships Trademark Litigation Websites

FLSA Protections Apply To Migrant Workers

The United States District Court for the Western District of Michigan recently addressed the legal obligations of farmers who use seasonal migrant workers to harvest their crops. In Perez v. Howes LLC the Honorable Gordon J....more

3/28/2014 - Employee Rights FLSA Migrant Workers

Migrant Workers Subject To FLSA Protections

In Perez v. Howes LLC the district court was once again faced with addressing the legal obligations of farmers who use seasonal migrant workers to harvest their crops. The Honorable Gordon J. Quist joined the vast majority of...more

3/25/2014 - Employee Rights FLSA Migrant Workers

Chief Judge Maloney Reports On State Of The District

On Wednesday, February 26, 2013, the Chief Judge of the United States District Court for the Western District of Michigan, the Honorable Paul L. Maloney, delivered a "State of the District" report to the Western Michigan...more

3/10/2014

GRBJ Article Focuses On Declining Number Of Jury Trials

This week's edition of the Grand Rapids Business Journal (January 27, 2014) includes an interesting article entitled "Is Trial by Jury Headed for Extinction?" The author interviewed several local attorneys, including...more

1/31/2014 - Jury Trial

Police Concern About Public Safety Sufficient To Justify Shutdown Of Speech At School

In a lawsuit arising out of a well-publicized incident in West Michigan, Agema v. City of Allegan involved a lawsuit by former Michigan State Representative David Agema and others against the City of Allegan and others...more

1/30/2014 - First Amendment Free Speech Police Public Schools School Safety

Court Approves Automatic Electronic Delivery Of Juror Questionnaires

The Western District of Michigan has been pilot-testing for several months a process of automatically delivering electronic juror questionnaires to attorneys of record three business days before trial. The questionnaires are...more

12/13/2013 - Jury Selection Jury Trial Technology

Sixth Circuit Crack Cocaine Sentencing Decision Also Relevant To Civil Practitioners

In a highly anticipated en banc decision in United States of America v. Blewett, the United States Court of Appeals for the Sixth Circuit addressed whether prisoners previously sentenced for possession of crack cocaine were...more

12/9/2013 - Drug Possession Fair Sentencing Act Illegal Drugs Sentencing

American Axle Defeats Trade Secret Lawsuit By Dana

American Axle and Dana, two of the largest automotive parts suppliers in North America, were recently adversaries in a case tried before the Honorable Robert Holmes Bell in the United States District Court for the Western...more

9/3/2013 - Confidential Information Disclosure Trade Secrets

Location Of Defendant’s Principal Place Of Business A “Critical And Controlling Consideration” In Motion To Transfer Venue In...

In The William M. Yarbrough Foundation v. Garcoa Laboratories Inc., the Honorable Gordon J. Quist of the United States District Court for the Western District of Michigan transferred the plaintiff's patent infringement claim...more

8/22/2013 - Patent Infringement Patents Principle Place of Business Transfer of Venue

Mere Reference To Potential Federal Claim In Exhibit to Complaint Insufficient To Create Federal Question Jurisdiction

In Reneaud v. City of Traverse City, the court addressed whether the plaintiffs' Complaint was properly removed from Grand Traverse County Circuit Court to the Western District of Michigan based on federal subject matter...more

8/19/2013 - Claim Construction Federal Jurisdiction Federal Question Jurisdiction Subject Matter Jurisdiction

Off-Hand Comment By Low-Level Supervisor Not Enough To Establish Age Discrimination

In Adams v. Interkal Inc., Chief Judge Paul L. Maloney granted summary judgment in favor of Interkal on Adams' claims that (1) he was discriminated against on the basis of his age when he was involuntarily laid off by...more

7/30/2013 - Age Discrimination Discrimination EEOC Hiring & Firing Layoffs Retaliation

Western District Joins Courts Strictly Enforcing Telephone Consumer Protection Act

In American Copper & Brass Inc. v. Lake City Industrial Products Inc., the United States District Court for the Western District of Michigan joined numerous other federal courts, holding that the Telephone Consumer Protection...more

7/22/2013 - Consumer Protection Act Liability Robocalling Strict Liability TCPA Telecommunications Unsolicited Faxes

Employers May Require Psychological Counseling For Employees Under Certain Circumstances

In Kroll v. White Lake Ambulance Authority, the court addressed whether the White Lake Ambulance Authority's ("WLAA") decision to require one of its emergency medical technicians to undergo psychological counseling as a...more

5/29/2013 - ADA Hiring & Firing Mental Illness Psychological Counseling

No Duty To Indemnify Claims Barred By Statute Of Limitations

In Big Dutchman Inc. v. Midwest Livestock Systems Inc., Case No. 1:12-cv-288 (Quist, J.), the court addressed whether a settlement agreement required indemnification of claims that were barred by the statute of limitations....more

3/12/2013 - Indemnification Settlement Statute of Limitations

Court Reaffirms That Motions To Dismiss Must Be Based On Information Expressly Included In The Complaint

In Mahindra Forgings Ltd. v. Bentler Automotive Corp., 1:12-cv-991 (W.D. Mich. Feb. 1, 2013)(Bell, J.), Bentler moved to dismiss an amended complaint based on expiration of the statute of limitations. Bentler's argument was...more

2/15/2013 - Amended Complaints Federal Rule 12(b)(6) Motion to Dismiss

Court Grants Summary Judgment For Non-Moving Party In Sales Representative Dispute

When deciding whether to file a summary judgment motion, attorneys should be careful to consider the possibility that the court may choose to enter summary judgment in favor of the non-moving party. This is what recently...more

2/12/2013 - Employment Contract Non-Moving Parties Sales Commissions Salespersons Summary Judgment

Court Grants Summary Judgment Against Coca-Cola In Breach Of Collective Bargaining Agreement Claim By United Steel Workers

In Local Union 2-2000 United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied-Industrial, Chemical and Service Workers International Union v. Coca-Cola Refreshments U.S.A. Inc. (W.D. Mich. Nov. 21, 2012), the...more

11/28/2012 - Collective Bargaining Statute of Limitations Unions Wages

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