Environmental
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
Supreme Court Amends Discovery Rules
By: Christopher J. Ryan, Esq.On June 19, 2019, the Supreme Court issued an order amending multiple Court Rules in ways that will significantly alter the daily practice of attorneys engaged in civil litigation. 11 of the 16 rules contained in subchapter 2.300 (addressing discovery in civil proceedings) were amended. The amendments take effect January 1, 2020. This article highlights some of what
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