In People v Kloosterman, the Court of Appeals considered whether a man who made fraudulent returns at Home Depot and sold the goods on Craigslist was guilty of conducting a criminal enterprise (racketeering) under a Michigan…more
When the State Treasurer finds a municipality to be in “probable financial stress” the Michigan’s Emergency Financial Manager Act requires the Governor to appoint a financial review team for that municipality. Under the Act, the…more
On May 18, the Michigan Supreme Court reversed the Court of Appeals, and held that the state’s Natural Resources and Environmental Protection Act (NREPA) required municipalities to be responsible for and prevent raw sewage…more
In People v. Rao, the Michigan Supreme Court reaffirmed the four-factor test, set forth in People v. Cress, 486 Mich. 678, 692 (2003), that governs a motion for a new trial based on newly-discovered evidence. In particular, a…more
In Michigan v. Brantley, No. 298488, the Michigan Court of Appeals held that all criminal defendants convicted of first-degree criminal sexual conduct under MCL 750.520b must receive lifetime electronic monitoring upon release…more
In Michigan v. Brantley, No. 298488, the Michigan Court of Appeals held that all criminal defendants convicted of first-degree criminal sexual conduct under MCL 750.520b must receive lifetime electronic monitoring upon release…more
In the 2006 decision in Cameron v Auto Club Ins Ass’n, a narrow majority of the Michigan Supreme Court found that the provisions of the No Fault Act that tolled the statute of limitations for minors/insanity did not prevent the…more
People v. Williams is a veritable case study on the classic divide over issues of statutory interpretation. The issue in Williams was whether the 2004 statutory amendment (2004 P.A. 128) to the statute for armed robbery (MCL §§…more
In People v. Dillion, the Michigan Court of Appeals considered whether a police officer had reasonable suspicion to stop the defendant and search his car. The officer stopped the defendant for violation of a statute that…more
In Mitchell v. Mitchell, an ex-wife’s refusal to provide her ex-husband with a background check on her current boyfriend ended with the Michigan Court of Appeals ruling that a modification to the divorced couple’s child custody…more
Much has been reported over the past several months about the National Labor Relations Board’s revised rules for union elections. Under the new rules, many of the pre-election proceedings that used to be mandatory are now…more
In Smitter v Thornapple Township, Case No. 144354, the Court granted leave to appeal the judgment of the Court of Appeals. The Court previously had considered an application for leave to appeal an earlier order from the Court…more
Several decisions by the Michigan Court of Appeals have recognized the doctrine of “imperfect self-defense” — the concept that a defendant is guilty only of manslaughter, and not of murder, if the defendant would have been…more
The Department of Labor (DOL) has issued the long-awaited Field Assistance Bulletin (FAB) 2012-02, which concerns fee disclosure guidance. The FAB sheds light on uncertainties in the impending final DOL regulations on disclosure…more
Spring is in the air and FINRA’s 2012 B-D inspections are in full swing. The other day, we received word from a client of a particular document request that merits a “heads up” to broker-dealers with regard to certain records…more
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