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Michigan Private Schools’ Motion to Enjoin COVID Regs Denied as Moot; School Seeking to Join Lawsuit as Plaintiff as Case Proceeds

A Michigan federal court judge denied a group of parents and nonpublic schools’ request for a preliminary injunction that sought to enjoin COVID-19 restrictions the state implemented in November that precluded the school from hosting in-person classes. The one-page opinion from Judge Paul Maloney said the motion was rendered moot by the fact that the restrictions complained of expired on Decembe

New York Village Settles One RLUIPA Suit, Faces New One From DOJ

A New York village settled one lawsuit alleging violations of the Religious Land Use and Institutionalized Persons Act (RLUIPA) while the U.S. Department of Justice filed a new, larger lawsuit against the village alleging a broad, ongoing practice of discriminating against religious land uses. The federal government’s lawsuit alleges that the village has a 30-year history of such discrimination

Oakland County Violated Constitution by Keeping Tax Sale Proceeds

County governments that sell properties at auction to satisfy unpaid tax debts commit an unconstitutional taking when they keep the surplus proceeds of those sales beyond the amount of taxes owed. Relying in part on law from 800 years ago, the Michigan Supreme Court issued a ruling on July 17, 2020 that property owners’ interests in the surplus proceeds of any such sales remain even after the au

Gov. Whitmer Extends Remote Notarization Provisions Through August 31, 2020

Remote notarizations will continue to be permitted through August 31, 2020 under a new order Gov. Whitmer issued this week. Executive Order 2020-158 extended a previous order encouraging the use of electronic signatures and remote witnessing of signatures due to COVID-19 and suspending in-person notarization and signing requirements.NOTARIZATIONAs with the prior order, a notary is not required to

Federal Courts Issue Rulings on 1st Amendment Rights During COVID-19

Most state governments have responded to COVID-19 with executive orders and laws that restrict the public from certain activities, including religious assembly. Such limitations on activities protected by the First Amendment have resulted in a flurry of lawsuits – at least one that reached the Supreme Court – alleging First and Fourteenth Amendment violations that raise a critical question: Ho

FDA Says CBD is Illegal to Market & Possibly Unsafe

FBMJ attorneys Kim Sveska and Eric Nordan co-authored “FDA Says CBD Is Illegal To Market And Possibly Unsafe” published in the January 2020 issue of Michigan Pharmacist. The article concentrates on the legal uncertainty of the cannabidiol (CBD) products market.“FDA Says CBD Is Illegal to Market and Possibly Unsafe” discusses hemp and the confusion regarding its removal from the controlled

Is Your Vape Safe?

According to the Centers for Disease Control’s (CDC), as of January 21, 2020, 2,711 EVALI cases (e-cigarette or vaping product use-associated lung injury) or deaths have been reported to the CDC. There have been sixty (60) confirmed deaths in 27 states and the District of Columbia, including three (3) from Michigan. More deaths are under investigation. So far, 82% of EVALI patients reported usin

Attorneys Baron, Cortez & Nordan Co-Author Article for CLM Magazine – “The Path Forward For Cannabis”

FBMJ attorneys Richard Baron, Daniel Cortez and Eric Nordan co-authored “The Path Forward For Cannabis,” published in the December 2019 issue of CLM Magazine. The article focuses on legal and regulatory developments in 2019 that signal clarity and confusion for insurers.“The Path Forward For Cannabis” discusses a look back at the developments in the cannabis industry in 2019, including the

Attorneys Fruchey & Tatro Co-Author Article for MDTC Quarterly – “PFAS Litigation: An Overview of Cases, Claims, Defenses, Verdicts & Settlements”

FBMJ attorneys Benjamin Fruchey and Nicholas Tatro co-authored “PFAS Litigation: An Overview of Cases, Claims, Defenses, Verdicts & Settlements,” published in the December 2019 issue of Michigan Defense Quarterly, Volume 36, No. 2 - 2019. The article, as the title suggests, focuses on contamination cases involving Per- and polyfluoroalkyl substances (PFAS) litigated cases.“PFAS Litigatio

Racketeering Lawsuit Against Cannabis Company Proceeds

While marijuana continues to become legal in more and more states, business owners should be aware of some in their communities who view them as no better than traditional criminal organizations. Multiple lawsuits brought against cannabis companies under the Civil Racketeer Influenced and Corrupt Organizations Act – better known as RICO – that traditionally has been associated with organized c