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# Michigan Lawyers Weekly
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## Posts

- [Nomination deadline extended for Unsung Legal Heroes](https://milawyersweekly.com/news/2026/10/28/nomination-deadline-extended-for-unsung-legal-heroes/): The nomination deadline for Michigan Lawyers Weekly's Unsung Legal Heroes program has been extended to Nov. 13.
- [Case remanded to determine whether truck ‘taken unlawfully’](https://milawyersweekly.com/news/2026/10/28/michigan-implied-permission-no-fault-insurance/): The Michigan Court of Appeals clarified how implied permission determines whether a vehicle was unlawfully taken under Michigan's no-fault insurance law.
- [Michigan Supreme Court issues order, proposes rule amendments](https://milawyersweekly.com/news/2026/10/28/michigan-supreme-court-issues-order-proposes-rule-amendments/): The Michigan Supreme Court recently issued an administrative order and several proposed rule amendments.
- [Dollar General overcharged shoppers, FTC and states allege in lawsuit](https://milawyersweekly.com/news/2026/10/28/ftc-states-sue-dollar-general-overcharging-shoppers/): Dollar General faces a lawsuit from the FTC and 20 states for repeatedly overcharging shoppers despite numerous complaints and prior settlements.
- [Banks and Banking – Conversion – Limitations](https://milawyersweekly.com/news/2026/10/27/banks-and-banking-conversion-limitations/): Where a plaintiff has filed a complaint against a defendant bank, the plaintiff’s claim for statutory conversion accrued in April 2015, so the plaintiff’s tort claims are time-barred.
- [Commercial – Trade secrets](https://milawyersweekly.com/news/2026/10/27/commercial-trade-secrets-2/): Where plaintiffs have alleged trade secret misappropriation, summary disposition should be awarded to the defendants because there is no genuine issue of material fact that the alleged trade secrets were not “the subject of efforts that are reasonable under the circumstances to maintain [their] secrecy” pursuant to the requirement of MCL 445.1902(ii).
- [Contract – Damages – Fees](https://milawyersweekly.com/news/2026/10/27/contract-damages-fees/): Where a defendant has been granted summary disposition on its Claim and Delivery counterclaim (Count I), the defendant should be awarded its reasonable counsel fees and costs as damages pursuant to the parties’ contract.
- [Contract – Insurance agent agreement](https://milawyersweekly.com/news/2026/10/27/contract-insurance-agent-agreement/): Where a complaint has been filed by plaintiff insurance agents, the defendants’ motions for summary disposition should be allowed in part and denied in part.
- [Contract – Note](https://milawyersweekly.com/news/2026/10/27/contract-note/): Where a plaintiff has brought suit to enforce a promissory note and guaranty, summary disposition should be awarded to the plaintiff despite the defendant’s contention that the parties’ obligations were satisfied in connection with a real estate closing.
- [Contract – Recruiting services](https://milawyersweekly.com/news/2026/10/27/contract-recruiting-services/): Where a plaintiff has moved for summary disposition on its claims arising from recruiting services provided to the defendant, that motion should be allowed as to an executive search that resulted in the defendant hiring its CEO, but disputed issues of fact preclude summary disposition as to two other placements.
- [Contract – Subcontract – Michigan Building Contract Fund Act](https://milawyersweekly.com/news/2026/10/27/contract-subcontract-michigan-building-contract-fund-act/): Where a complaint has been filed by a plaintiff subcontractor, summary disposition should be denied with respect to the plaintiff’s contract-based claims because each side has evidence from which a factfinder could assign breach and causation differently, but summary disposition should be awarded to the plaintiff under the Michigan Building Contract Fund Act.
- [Damages – Fees – Loan agreements](https://milawyersweekly.com/news/2026/10/27/damages-fees-loan-agreements/): Where a plaintiff that obtained a default judgment has requested counsel fees, the plaintiff should be awarded $3,305.85 in fees and costs pursuant to the loan agreements between the parties.
- [Landlord and Tenant – Damages](https://milawyersweekly.com/news/2026/10/27/landlord-and-tenant-damages/): Where a complaint has been filed against the defendant tenant that vacated the premises prior to the expiration of the lease term, the plaintiff is entitled to summary disposition as to liability but questions of fact exist relating only to the amount of damages.
- [Landlord and Tenant – Treatment facility](https://milawyersweekly.com/news/2026/10/27/landlord-and-tenant-treatment-facility/): Where a complaint has been filed alleging breach of a commercial lease, the defendants should be denied summary disposition despite their argument that their obligation to pay rent was conditioned upon receipt of insurance proceeds.
- [Speculative harm cannot support trade secret injunction](https://milawyersweekly.com/news/2026/10/27/speculative-harm-cannot-support-trade-secret-injunction/): A federal judge denied injunctive relief on trade secret claims because of a failure to show that alleged misappropriation of confidential customer information was causing irreparable harm.
- [AFT Michigan lawsuit alleging infiltration by activist group ends with settlement](https://milawyersweekly.com/news/2026/10/27/aft-michigan-lawsuit-alleging-infiltration-by-activist-group-ends-with-settlement/): A statewide labor union representing Michigan educators and others announced a settlement with a conservative activist organization it accused of infiltration, the union announced Oct. 23.
- [Trump administration’s firing of prosecutor Maurene Comey unlawful, judge rules](https://milawyersweekly.com/news/2026/10/27/us-district-court-trump-administration-unlawfully-fired-maurene-comey/): A federal court ruled the Trump administration unlawfully fired prosecutor Maurene Comey, reinstating her with back pay and retirement benefits.
- [Attorneys – Fees – Class action settlement](https://milawyersweekly.com/news/2026/10/27/attorneys-fees-class-action-settlement/): Where a $150 million class action settlement has been approved, a motion to pay a law firm $2.5 million out of the settlement fund should be denied because it has not been demonstrated that the firm provided a substantial and independent benefit to the settlement class.
- [Civil Practice – Standing](https://milawyersweekly.com/news/2026/10/27/civil-practice-standing/): Where a U.S. magistrate judge has recommended that a complaint be dismissed, that recommendation should be adopted despite the plaintiff’s objection to the magistrate judge’s finding of a lack of standing.
- [Civil Rights – Excessive force – Deliberate indifference](https://milawyersweekly.com/news/2026/10/27/civil-rights-excessive-force-deliberate-indifference/): Where defendant police officers have moved for summary judgment, their motion should be allowed as to a federal claim but denied as to a claim under state law for gross negligence.
- [Civil Rights – Excessive force – Qualified immunity](https://milawyersweekly.com/news/2026/10/27/civil-rights-excessive-force-qualified-immunity-12/): Where a civil rights suit has been brought after a fatal police shooting, the individual defendants are entitled to summary judgment because no reasonable juror could conclude that they used excessive force.
- [Civil Rights – Fabrication of evidence](https://milawyersweekly.com/news/2026/10/27/civil-rights-fabrication-of-evidence-2/): Where a defendant, who formerly worked as a Detroit Police Department sergeant, has moved for summary judgment, that motion should be granted as to claims of fabrication of evidence and violation of Brady v. Maryland, 373 U.S. 83 (1963), but denied as to the claims of malicious prosecution and intentional infliction of emotional distress.
- [Civil Rights – Suicide – County jail](https://milawyersweekly.com/news/2026/10/27/civil-rights-suicide-county-jail/): Where a civil rights action has been brought over a suicide at the Genesee County jail, a motion to dismiss should be denied because the plaintiff has adequately pleaded deliberate indifference and failure to train.
- [Consumer Protection – Fax – Advertisement](https://milawyersweekly.com/news/2026/10/27/consumer-protection-fax-advertisement/): Where a putative class action has been filed over a single, one-page fax sent on behalf of the defendant to dental providers, including the plaintiff, the defendant is entitled to summary judgment because the fax is not an advertisement.
- [Contract – Confidential information](https://milawyersweekly.com/news/2026/10/27/contract-confidential-information/): Where a plaintiff has alleged unauthorized use of confidential information, the defendants’ motion for summary judgment should be denied as to a claim for breach of a Mutual Confidentiality and Non-Use Agreement but allowed as to two other claims.
- [Corporate – Shareholder oppression – Fiduciary duty](https://milawyersweekly.com/news/2026/10/27/corporate-shareholder-oppression-fiduciary-duty-2/): Where motions for partial summary judgment have been filed in a dispute over the operations of a band’s holding company, those motions should be allowed in part and denied in part.
- [Education – IDEA](https://milawyersweekly.com/news/2026/10/27/education-idea-4/): Where a complaint has been filed under the Individuals with Disabilities Education Act against a school district, summary judgment should be awarded to the school district based on a lack of evidence that the district failed to provide the student with a free appropriate public education.
- [Education – IDEA](https://milawyersweekly.com/news/2026/10/27/education-idea-3/): Where a defendant school district has moved for summary judgment, that motion should be allowed because the plaintiff proffers no evidence that the district failed to provide her child with a free appropriate public education.
- [Employment – Cellphone policy](https://milawyersweekly.com/news/2026/10/27/employment-cellphone-policy/): Where a plaintiff has alleged that she was retaliated against after she complained about the selective application of the defendant employer’s cellphone policy, the defendant is entitled to summary judgment because the plaintiff has not shown a causal link between her protected activity and her termination.
- [Employment – Constructive discharge – Hostile work environment](https://milawyersweekly.com/news/2026/10/27/employment-constructive-discharge-hostile-work-environment/): Where a plaintiff has alleged constructive discharge, the defendant employer should be awarded summary judgment because no reasonable jury could find that the defendant purposely created a work environment so severe as to intend the plaintiff to quit.
- [Employment – Overtime – Administrative exemption](https://milawyersweekly.com/news/2026/10/27/employment-overtime-administrative-exemption/): Where a plaintiff has alleged that her former employer, the defendant, failed to pay her overtime as required by the Fair Labor Standards Act, summary judgment should be denied because of genuine disputes of material fact regarding the administrative exemption.
- [Employment – Overtime – FLSA](https://milawyersweekly.com/news/2026/10/26/employment-overtime-flsa-4/): Where two plaintiffs alleging a failure to pay overtime wages in violation of the Fair Labor Standards Act have filed a motion for court-facilitated notice to potential opt-in plaintiffs, their motion should be denied because the evidence fails to establish that potential opt-in plaintiffs are similarly situated.
- [Employment – Pretext – Termination](https://milawyersweekly.com/news/2026/10/26/employment-pretext-termination/): Where a plaintiff has filed a wrongful discharge and failure to promote action, the defendant employer’s motion for summary judgment should be denied because a reasonable jury could conclude that the defendant’s proffered nondiscriminatory reason for terminating the plaintiff’s employment is pretextual.
- [Employment – Retaliation – Causation](https://milawyersweekly.com/news/2026/10/26/employment-retaliation-causation-4/): Where a plaintiff has claimed that she was wrongfully terminated in violation of the First Amendment, the defendants’ motion for summary judgment should be allowed because the plaintiff’s speech regarding alleged fraud was not a “but for” cause of her termination.
- [Employment – Whistleblower](https://milawyersweekly.com/news/2026/10/26/employment-whistleblower-12/): Where a defendant employer has moved for summary judgment on a plaintiff employee’s whistleblower claim, that motion should be denied because a genuine issue of material fact remains as to whether the plaintiff’s protected activity influenced his termination.
- [Environmental – NREPA – Ripeness](https://milawyersweekly.com/news/2026/10/26/environmental-nrepa-ripeness/): Where a plaintiff’s claim that Michigan’s enforcement statute violates the Eighth Amendment’s prohibition against excessive fines was dismissed as unripe, the dismissal should have been without prejudice.
- [Evidence – Expert](https://milawyersweekly.com/news/2026/10/26/evidence-expert-4/): Where a defendant has moved to exclude expert testimony, that motion should be granted in part and denied in part.
- [Immigration – Naturalization application](https://milawyersweekly.com/news/2026/10/26/immigration-naturalization-application/): Where a U.S. magistrate judge has recommended denying the plaintiffs’ motion for summary judgment challenging the denial of a naturalization application, that recommendation should be adopted because the plaintiffs’ objections failed to present a misapplication of the law.
- [Landlord and Tenant – ‘As is’ clause – Electricity](https://milawyersweekly.com/news/2026/10/26/landlord-and-tenant-as-is-clause-electricity/): Where the plaintiff, a commercial tenant, has moved for reconsideration of a grant of summary judgment in favor of the defendants on a breach of contract claim, that motion should be denied because the “as is” language in the lease agreement is not a warranty or ongoing guarantee of certain conditions throughout the lease term.
- [Products Liability – Fuel pump defect](https://milawyersweekly.com/news/2026/10/26/products-liability-fuel-pump-defect/): Where plaintiffs have alleged that the defendant manufacturer caused them out-of-pocket losses because of a fuel pump defect in certain diesel trucks, the plaintiffs’ motion for class certification should be allowed in part and denied in part.
- [Retirement – Forfeitures](https://milawyersweekly.com/news/2026/10/26/retirement-forfeitures/): Where plaintiffs who participated in their employer’s profit-sharing plan have brought suit against the plan committee for choosing to use forfeitures allegedly for the employer’s benefit instead of for the benefit of the plaintiffs and other plan participants, the plaintiffs’ claims do not warrant relief that can be granted under ERISA, so their complaint should be dismissed.
- [Tort – Software tracking – Websites](https://milawyersweekly.com/news/2026/10/26/tort-software-tracking-websites/): Where a putative class action has been brought by plaintiffs who allege that the defendants embedded in their websites tracking software and tools that obtained and disclosed the plaintiffs’ personally identifiable information and protected health information to third parties without their consent, the defendants’ motion to dismiss should be allowed in part and denied in part.
- [Elections – EPB software](https://milawyersweekly.com/news/2026/10/26/elections-epb-software/): Where a plaintiff has challenged a new rule that requires local clerks to delete electronic pollbook software and associated files within seven days after an election is certified, summary judgment is unwarranted despite the defendants’ argument that the plaintiff failed to exhaust her administrative remedies and that the action should be dismissed under the laches doctrine.
- [Employment – Solicitation – Confidential information](https://milawyersweekly.com/news/2026/10/26/employment-solicitation-confidential-information/): Where a defendant has moved for summary disposition, that motion should be allowed with respect to whether he “disclosed” or “used” confidential information.
- [Woman sues Detroit police, ex-cop accused of raping her at gunpoint](https://milawyersweekly.com/news/2026/10/26/woman-sues-detroit-police-ex-cop-accused-of-raping-her-at-gunpoint/): One of six women believed to have been raped by former Detroit police officer Benjamin Wagner has filed a $10 million federal civil suit against the longtime Detroit cop, the city, and its police department.
- [Informational fax does not qualify as TCPA advertisement](https://milawyersweekly.com/news/2026/10/26/informational-fax-does-not-qualify-as-tcpa-advertisement/): A one-page fax sent to dental providers was not an advertisement under the Telephone Consumer Protection Act, defeating a putative class action alleging that the communication was an unlawful unsolicited fax.
- [West Bloomfield attorney disbarred, ordered to repay $660K intended for children](https://milawyersweekly.com/news/2026/10/26/west-bloomfield-attorney-disbarred-ordered-to-repay-660k-intended-for-children/): A prominent West Bloomfield attorney who represented a grieving mother has been disbarred after a disciplinary board found that he failed to distribute court-ordered shares of the woman's wrongful-death settlement.
- [Citator and anti-hallucination tools added to LOIS](https://milawyersweekly.com/news/2026/10/26/citator-and-anti-hallucination-tools-added-to-lois/): Filevine enhances LOIS Legal Research with citator and anti-hallucination tools to verify case law validity and citation accuracy for lawyers.
- [AI widens gap between prosecutors and defense, but some attorneys see a way to level the field](https://milawyersweekly.com/news/2026/10/26/ai-widens-gap-between-prosecutors-and-defense-but-some-attorneys-see-a-way-to-level-the-field/): Criminal defense attorneys see AI tools widening the resource gap with prosecutors but also offering new ways to level the playing field in criminal cases.
- [Transparency around AI is the new competitive advantage](https://milawyersweekly.com/news/2026/10/26/transparency-around-ai-is-the-new-competitive-advantage/): Transparency around AI use is becoming a key competitive advantage as law firms must explain how technology creates value for clients.