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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

Federal Government Sues City of Troy, Michigan for Violation of RLUIPA

The Department of Justice (DOJ) has brought suit against the City of Troy on behalf of a Muslim organization that alleges violations of the Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”). RLUIPA is a federal law that protects the First Amendment rights of religious assemblies of all faiths to open houses of worship. The lawsuit is part of a nationwide program on the pa

Ben Fruchey Appointed to SBM Environmental Law Section Council

FBMJ attorney Benjamin Fruchey has been appointed to a three-year term on the State Bar of Michigan (SBM) Environmental Law Section Council. His term begins September 18, 2019 and runs until the SBM annual meeting in 2022. Before his appointment to the Council, Fruchey served on the Hazardous Substance and Brownfield Committees, during which time he presented on a new class of contaminants, per-an

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