A proposed Michigan law would apply legal scrutiny to men’s motives for walking out of relationships. [Fathers and Families via Amy Alkon]
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Posts tagged as:
Michigan
“A single woman who was denied treatment by a west Michigan in vitro fertilization clinic can proceed with a lawsuit claiming unlawful discrimination, the state Court of Appeals ruled in a decision released today. The case against Grand Rapids Fertility and IVF was filed after a doctor there told Allison Moon that his clinic could not provide the service out of concern that Michigan paternity law is so vague that a child conceived by IVF and born to a single mother could successfully sue the clinic for child support.” [Dawson Bell, Detroit Free Press] The appeals court said Michigan’s Elliot-Larsen Civil Rights Act, which prohibits services of public accommodation from discriminating on the basis of marital status among other grounds, extinguishes doctors’ common law right to decide with whom to undertake a physician-patient relationship. [Michigan Health Law Link]
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“Macomb County Probate Court officials can’t explain how a man falsely claiming to be a medical doctor was allowed to decide whether people were mentally competent to handle their own estates and whether jail inmates needed mental health care.” [Detroit News]
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Sarah Deming has sued the distributor of the critically acclaimed Ryan Gosling thriller DRIVE under Michigan’s Consumer Protection Act, saying it was promoted “as very similar to the Fast and Furious, or similar, series of movies” but “bore very little similarity to a chase, or race action film…having very little driving in the motion picture.” The suit aims for class-action status. [Lawyerist, Guardian]
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Which is good advice for many other touchy sorts of plaintiffs too, not just for the Thomas M. Cooley Law School of Lansing, Michigan [Mike Masnick, TechDirt, earlier]
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- Don’t: “Lawyer Disbarred for Verbal Aggression to Pay $9.8M Fine for Hiding Cash Overseas” [Weiss, ABA Journal]
- Loser-pays might help: “Dropped malpractice lawsuits cost legal system time and money” [Liz Kowalczyk, Boston Globe]
- “Kim Kardashian and the Problem With ‘Celebrity Likeness’ Lawsuits” [Atlantic Wire]
- Kim Strassel on the Franken-spun Jamie Leigh Jones case [WSJ]
- Peggy Little interviews Prof. Lester Brickman (Lawyer Barons) on new Federalist Society podcast;
- Worse than Wisconsin? “Weaponizing” recusal at the Michigan Supreme Court [Jeff Hadden, Detroit News]
- New York legislature requires warning labels for sippy cups [NYDN]
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- Nice going, sex offender registries [Brian Dickerson, Detroit Free Press] And I’m quoted in a syndicated column by Lenore Skenazy (and thence by Cory Doctorow at BoingBoing) on the registries’ tendency to sweep in much wider circles of offender than many advocates originally had in mind. More: a tale of child-abuse registries [Skenazy];
- New York Times exposes scandal: businessman holds seat in Congress. Quick, replace him with another lawyer! [Ribstein]
- Race separation’s unlawful for school attendance. So why’s it OK for school voting districts? [Quin Hillyer, Mobile Press-Register]
- Speech and property rights in peril: “Fear of a Muslim America” [Cathy Young, Reason]
- Before blaming bank dereg for “Too Big To Fail,” read this [Mark Calabria, Cato at Liberty]
- After fatal one-car crash, drunk driver’s survivors sue popular Irish bar that served him [NJLRA; Trenton, N.J.]
- Scotland: Thief wants victim prosecuted for keeping gun in her house [Daily Record]
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Watch what you say about lawyers — and now it seems about law schools as well, specifically Michigan’s Thomas M. Cooley Law School. [TaxProf, Above the Law]
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New Michigan rules allow juries to ask questions and judges to summarize evidence for their benefit. Michigan Chief Justice (and Overlawyered favorite) Robert Young Jr. “says jurors will no longer be treated like kindergarteners” under the new rules. [ABA Journal; my take back when]
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Julie Mack, Kalamazoo Gazette (via Mark Hemingway, Examiner):
In 1993, Chelsea High School teacher Stephen Leith shot to death his superintendent and wounded his principal and another teacher during a confrontation at the school. Leith was convicted of homicide and given a life sentence; from prison, he continued to pursue an appeal of his firing from Chelsea Public Schools, blaming his actions on medication.
“He murdered his superintendent. It’s crazy,” said Tom White, associate director of labor relations for [the] Michigan School Board Association.
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“Former justice Elizabeth Weaver, who retired this year after 16 years on the Michigan Supreme Court, evidently made secret recordings of internal court deliberations and has released transcripts of some of the meetings.” Most of Weaver’s former colleagues on the court have signed a letter condemning her resort to secret taping, saying they were unaware of it and would never have consented to it or to her revelation of court deliberations generally. Weaver came to the bench as a Republican but was long at odds with the other GOP members of the court. [WSJ Law Blog, Knake/Legal Ethics Blog]
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Election edition:
- On Oklahoma ballot: grossly overbroad measure to ban use of foreign law [Atlantic Wire, Transplanted Lawyer, earlier Volokh]
- Michigan race: “Dems cross the line with bigoted Supreme Court ad” [Stephen Henderson, Freep; earlier on attacks on Justice Robert Young]
- Jacob Sullum is another non-fan of Andrew Cuomo’s record;
- What was the exact nature of that Vancouver fundraiser so many Senate hopefuls attended? Carter Wood wishes he could add a footnote to an already strong column by George Will on the Linda McMahon-Richard Blumenthal Senate race in Connecticut;
- Speaking of which, Will’s latest election roundup column is just out, while Nate Silver at the NYT’s Five Thirty Eight blog offers an outstanding hour-by-hour election-night guide;
- Iowa poll shows former AAJ/ATLA president Roxanne Conlin, of SomePeopleJustNeedToBeSued.com fame, trailing far behind in bid to unseat Sen. Chuck Grassley [WHO-TV via Carter Wood's PoL election roundup;
- Trial lawyers pour cash into California insurance commissioner race [CJAC]
- Latest effort by New York Times to lionize activist AGs as “next Eliot Spitzers” recalls earlier Times pieces written to same formula, in the most amusing of which it lionized as the next Spitzer Ohio’s since-disgraced Marc Dann. Yet (the shaky electoral performance of such Times favorites as Massachusetts’ Martha Coakley aside) there’s reason to suspect voters this year will return a roster of AGs that’s less inclined toward business-bashing, not more [Jack Fowler at NRO].
- Government a threat to liberty? Doesn’t just depend on whether “our” team’s in charge [Gene Healy, Examiner]
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One of the most highly regarded right-of-center state court jurists is up for re-election this year in my native state, and drawing some of the slimiest attacks from Democratic strategists. A sample: they’re hyping still photos of Young with his eyes closed on the bench, supposedly “sleeping,” when videotape context from moments before and after reveals the Justice to be simply blinking or glancing down. Instance #87,231, I’d say, of why it’s dubious to go to the mat in principle for the notion of selecting judges by partisan contested election. More: Tim Skubick/Oakland Press, The Blog Prof.
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- And she’s a psychology professor too: “Pro se litigant of the day” [ATL]
- “Access to justice” makes handy slogan, but has its limits re: appeal bonds [Ted at PoL]
- New Federalist Society white papers on Michigan, Illinois, California and Alabama supreme courts;
- Per her opponent this year, CPSIA proponent and perennial Overlawyered bete noire Jan Schakowsky ranks as most left-wing member of Congress [ExtremeJan.com]
- Naming opportunity at Faulkner U.’s Jones School of Law falls to Greg Jones of Beasley Allen [BA press release]
- Lockyer pushes divestment of firms for taking wrong stance on ballot controversy [Coyote]
- “Patent marking” suits continue to proliferate as Reps. Latta, Issa propose measures to curb opportunistic filings [Gray on Claims]
- “South Carolina tobacco fees: how to farm money” [ten years ago on Overlawyered]
A woman “posted an advertisement for a Christian roommate on her local church’s bulletin board.” Someone who saw it denounced her anonymously to the Fair Housing Center of West Michigan which proceeded to file a civil rights complaint against her to the Michigan Department of Civil Rights. Nancy Haynes, executive director of the housing center, calls the woman’s notice “a clear violation on its face;” while the Fair Housing Act does not subject actual choice of roommates to penalties, it forbids advertisements expressing a preference.
The Fair Housing Center of West Michigan might ask for an initial reimbursement of $300 for time spent on the issue and training for the woman, in addition to pulling down the ad, Haynes said.
“Our interest really lies in her getting some training so that this doesn’t happen again,” she said.
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- Lawsuit alleging failure to warn of addictiveness of online game Lineage II survives motion to dismiss [Kravets/Wired, Mystal/AtL]
- Research: outcome of job-bias claims hard to predict, smaller and legally unsophisticated employers at higher risk of adverse outcome [Schwartz]
- UK survey sheds light on decline of outdoor and neighborhood kids’ play [BBC via Free-Range Kids]
- “The Music-Copyright Enforcers” [John Bowe, NY Times Magazine via Carton, Legal Blog Watch]
- Did an early-offer/full-disclosure system reduce medical malpractice costs at University of Michigan hospitals? [Ted at PoL]
- Here’s a professor who might become very popular with the class action bar [Vanderbilt Law School, SSRN] P.S. Andrew Trask responds to Prof. Brian Fitzpatrick.
- Nevada: “Process Server & Office Manager Are Criminally Charged re Alleged False Filings for Debt Collector” [Neil, ABA Journal]
- 1-800-PIT-BULL: not an urban legend [six years ago on Overlawyered]
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- Shameless: House leadership exempts NRA lest it sink bill to regulate political speech [John Samples, Cato]
- Employment law: “Arbitration Showdown Looms Between Congress, Supreme Court” [Coyle, NLJ]
- “Wake Up, Fellow Law Professors, to the Casualties of Our Enterprise” [Tamanaha, Balkinization]
- Move to allow international war crimes trials over “aggression,” a notoriously slippery term [Anderson, Brett Schaefer/NRO "Corner" via Ku]
- Litigation slush funds: “Cy pres bill in Ohio House” [Ted Frank, CCAF]
- “Recent Michigan Prosecutions for ‘Seducing an Unmarried Woman’” [Volokh]
- Scalia: “…least analytically rigorous and hence most subjective of law-school subjects, legal ethics” [LEF]
- Silicosis settlement scandal update: “As 2 Insurance Execs Admit Bribes, PI Lawyer Says He Can’t Be Retried” [Houston Chronicle via ABA Journal, earlier]
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