practices

View All Practices News

Real Estate

SCOTUS Allows Takings Claims to Bypass State Courts

On June 21, 2019 the U.S. Supreme Court overturned a 35-year old precedent and held that a private landowner who alleges the government has taken their land without just compensation can immediately sue in federal court. Previously such claims had been directed to state courts under state inverse condemnation claims, including here in Michigan. However, under this ruling, land owners would file th

Religious Land Use Case Survives Summary Judgement, Heads to Trial

FBMJ client, River of Life Ministries, defeated a motion brought by defendant Clinton Township to have their claims under the Religious Land Use and Institutionalized Persons Act (RLUIPA) dismissed at a hearing in U.S. District Court on May 22. This follows River of Life previously obtaining land use approval and recovering $62,000 in attorney fees in costs in the case, which now likely will head

State Clarifies “Applicants” for Marijuana Licensure

The Michigan legislature has given further guidance to individuals and businesses interested in obtaining a license for or participating in a new marijuana business. Public Act 3 of 2019, signed into law in April 2019, has clarified the confusion over who is considered an “Applicant” for application disclosure purposes on MMFLA applications submitted after the beginning of 2019.Only “applica

Supreme Court Declines to Hear RLUIPA Matter

The Supreme Court of the United States of America (SCOTUS) declined this week to hear an Ohio case that alleged violations of the Religious Land Use and Institutionalized Persons Act, or RLUIPA. That the Supreme Court decided not to hear an appeal from the Sixth Circuit Court of Appeals keeps in place a split among the circuit courts of appeal as to how to address RLUIPA’s equal terms claims. RL

New Steps to Advance FDA’s Evaluation of CBD

The Food and Drug Administration (FDA) is moving forward with evaluating ways to allow cannabis and cannabis-derived products like cannabidiol (CBD) into foods, beverages, and dietary supplements. A public hearing will be held on May 31, 2019 at its White Oak Campus in Silver Spring, Maryland to discuss ways to bring products containing CBD and other cannabinoids to market. The information gathere

Nicholas J. Tatro Joins Foley, Baron, Metzger & Juip, PLLC as a Senior Associate

Foley, Baron, Metzger & Juip, PLLC (FBMJ) is pleased to announce that Nicholas J. Tatro has joined the firm as a Senior Associate. Clyde M. Metzger, Managing Member, made the announcement.Nick’s practice focuses on environmental, toxic tort, mass tort and products liability litigation, permitting and compliance with environmental regulations, and defending against alleged violations of envir

Cannabidiol & Cosmetics – Changing Federal & State Regulations

Based on recent enforcement actions and rule changes at the state and federal levels, the focus on cannabidiol (CBD), the non-psychoactive component of both hemp and marijuana, as an additive to consumer products is on consumable products such as foods, beverages, and dietary supplements rather than topical products such as cosmetics.  The FDA is advising that they may pursue enforcement actions

(Ian) Eric Nordan Joins Foley, Baron, Metzger & Juip, PLLC as an Associate

Foley, Baron, Metzger & Juip, PLLC (FBMJ) is pleased to announce that (Ian) Eric Nordan has joined the firm as an Associate. Clyde M. Metzger, Managing Member, made the announcement.Eric has joined the Healthcare Law practice group and will be representing pharmacists, physicians and other healthcare professionals with licensure and/or regulatory issues, buy-sell transactions, contracts and ot

State Allows Provisioning Center to Reopen, Sell Untested Marijuana

There were four recalls of marijuana in January 2019 while more than 70 unlicensed provisioning centers were permitted to reopen as the state continues to struggle to find a balance of making marijuana available to those with a medical need and to ensure all provisioning centers that dispense such marijuana are licensed – a process that can take up to one year.For now, provisioning centers that

FBMJ Client Prevails in RLUIPA Matter

FBMJ attorneys have been successful in recovering all attorney fees spent by their client, River of Life Ministries, in securing formerly denied land use approval to operate their church in Macomb County. The fees were incurred as part of their federal lawsuit, Dorman et al v Clinton Township, alleging violations of the Religious Land Use and Institutionalized Persons Act, or RLUIPA.In an 8-page o