lawsuit

Education
5:21 pm
Wed August 10, 2011

Former students sue Cooley Law School for misrepresentation

Michael Tam Flickr

The legal battle between Lansing-based law and some of its former students has deepened. Cooley Law School has been sued by four of its former students for claiming false job placement statistics. They say Cooley is misrepresenting data to improve the school’s image and get more students. Cooley sued the law firm representing the students last month for defamation. Kurzon Strauss law firm in New York had several online advertisements looking for information about Cooley and other law schools misrepresenting job placement numbers.

Jesse Strauss is a lawyer at Kurzon Strauss. He says their posts requesting information about Cooley were not defamatory.

“We regard the Thomas Cooley suit as a pure intimidation tactic – to sort of make us go away and stuff our investigation,” he said. “The whole suit is about our investigation. The postings that they point out were made when this firm was seriously contemplating litigation against them. We believe they are well aware of that.”

James Thelen is an associate dean at Cooley. He says in an email that the students’ allegations are “completely baseless.”

“We will vigorously defend this lawsuit and continue to pursue the defamation and other legal claims we filed against the Kurzon Strauss firm last month," Thelen said.

A similar lawsuit has been filed against New York Law School by three former students with Kurzon Strauss.

- Amelia Carpenter – Michigan Radio Newsroom

Lawsuit
6:25 am
Fri August 5, 2011

Detroit school unions sue over pay cut

Three unions representing about 10,000 Detroit Public Schools employees have sued over a 10 percent pay cut and 20 percent contribution to health insurance imposed by the district.

Detroit Federation of Teachers President Keith Johnson tells The Detroit News the cuts are "an unprecedented power grab." Secretary's union President Ruby Newbold tells the Detroit Free Press employees will fight them any way they can.

The federal court suit seeks an injunction to block the changes, which were made under new state legislation expanding emergency financial managers' power.

The suit is against emergency financial manager Roy Roberts and state Treasurer Andy Dillon, who approved the cuts.

Roberts declines comment on the suit but says he's encouraged by the "overall attitude of the unions" in showing willingness to work with him.

Legal
2:59 pm
Mon August 1, 2011

Michigan law school sues bloggers, law firm for defamation

s_falkow Flickr

A Michigan law school has sued a law firm and a handful of bloggers for defamation. The Thomas M. Cooley Law School says four anonymous bloggers and individuals from Kurzon Strauss law firm in New York are hurting its reputation online. One blog questions the academic quality at Cooley, noting that many graduates do not find jobs. The law firm posted several advertisements naming Cooley as a law school that manipulates post-graduate student data. The firm has posted a retraction on at least one website.

Jim Thelen is an associate dean at Cooley. He says the statements cross the line.

"People using the internet and doing so anonymously - it appears to embolden some people to say more than what they would say if they had to put their name to it," Thelen said.

Thelen says he knows they can’t police the internet, but wants the posts taken down. A partner at Kurzon Strauss declined to comment.

- Amelia Carpenter - Michigan Radio Newsroom

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Environment
10:20 am
Thu July 28, 2011

Life on the Kalamazoo River: suing & settling with Enbridge (part 3)

Wayne and Sue Groth used to live near Talmadge Creek, where the oil spill occurred last summer. They eventually sold their home to the energy company, Enbridge.
Photo by Steve Carmody

A year ago... a ruptured pipeline spewed more than 840,000 gallons of tar sands oil into the Kalamazoo River.

The crude oil had a big environmental impact. It also affected the lives of thousands of people living in the spill zone. The pipeline’s owners have spent the past year reimbursing many of them for their losses.

Wayne Groth says the odor of the oil was overpowering the first night. Talmadge Creek runs right past the home he and his wife Sue lived in for 22 years. The oil flowed down Talmadge Creek into the Kalamazoo River.

Groth says it wasn’t long after the spill that clipboard carrying employees of Enbridge started walking through his neighborhood, promising to clean up oil. He says they made another promise too...

“They said if you’re still not happy with the job... you could sell your property to them. They would buy it from us.”

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Environment
3:31 pm
Mon July 25, 2011

Michigan companies sue DuPont for damaged trees

Shelly T. Flickr

UPDATE: 4:15 p.m. July 28, 2011

DuPont says its herbicide called Imprelis is responsible for tree injuries primarily on Norway spruce and white pines. They are addressing problems on a case by case basis.

ORIGINAL POST: 3:31 July 25, 2011

Three Michigan companies are suing DuPont for damages to trees on their property. It’s the first of at least four lawsuits against the chemical company. Damages linked to a DuPont-manufactured herbicide called Imprelis have been linked to dead and dying trees across the country. The Environmental Protection Agency (EPA) approved the chemical in 2010. Lawn care professionals say they’ve received complaints despite using Imprelis as directed. The EPA and DuPont are investigating claims.

Amy Frankmann is with the Michigan Nursery and Landscape Association. She says not only are trees suffering – so are the reputations of landscapers.

"The Michigan Department of Agriculture and Rural Development has gone out and investigated the claims that we’ve heard about and our members have done nothing wrong. So they’ve applied it according to label and our concern is that the industry is getting a black eye when they didn’t do anything wrong," Frankmann said.

Repairs for damages nationwide are projected to be in the millions of dollars.

- Amelia Carpenter - Michigan Radio Newsroom

Legal
4:35 pm
Thu July 14, 2011

ACLU sues CIA for suspected files on University of Michigan professor

University of Michigan professor Juan Cole
New America Foundation Flickr

The American Civil Liberties Union has filed a lawsuit against the Central Intelligence Agency on behalf of a University of Michigan Professor. Juan Cole is a critic of the Bush administration and Iraq War. A former CIA official claims the Bush administration asked him to dig up some dirt on Cole in 2005 and 2006 to discredit his analysis of the government.

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Commentary
10:42 am
Thu June 23, 2011

Mutual Assured Deterrence

Governor Rick Snyder’s Emergency Manager law was highly controversial even before it was passed - and yesterday, a coalition of twenty-eight teachers, union members and private citizens filed suit, claiming the law is unconstitutional.

In their view, it violates the state constitution because it gives the executive branch power over the legislative, violating the separation of powers, something fundamental to both the United States and Michigan constitutions. To me, the only thing surprising about this suit was that it took so long to be filed.

This is not the first of the governor’s sweeping reforms to face a constitutional challenge. Lawsuits have already claimed the taxing of pensions is unconstitutional. Such cases can often take months or even years to wend their way through the court system. But in the case of the pension tax, to his credit, the governor requested a speedy decision from the Michigan Supreme Court.

The justices have agreed to hear the case in September, which is lightning speed in high court terms.

Getting this resolved quickly makes perfect sense, partly so that the state can try to figure out budget alternatives just in case the ruling goes against them.

Deciding this early should also prevent the endless cycle of hearings, injunctions and motions to lift injunctions.

But as long as the high court has agreed to an expedited decision on the constitutionality of the pension tax, it should give us a speedy ruling on the emergency financial manager bill as well.

Everything I know about our state’s highest court, and the experts I have talked to about this, makes me think it is highly likely the justices will rule in Governor Snyder’s favor in both cases.

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Medicine
5:35 pm
Tue April 19, 2011

Governor Snyder signs "I'm sorry" law for doctors

Governor Snyder signed a law aimed at protecting doctor's if they say "I'm sorry" after a failed medical procedure.
user the consumerist Flickr

Governor Rick Snyder has signed a law that protects doctors from lawsuits if they express sympathy for the death of a patient.

Snyder says health care providers are often prohibited from saying “I’m sorry” when a medical procedure fails because it can be considered an admission of guilt in court.

Snyder said the new law will allow doctors to be more supportive, "and the opportunity for health care professionals to have a dialogue with families that have had some traumatic experiences," said Snyder. "So it’s great to have an opportunity to have that be done in a safe and thoughtful fashion so people can have good communication and good dialogue."

Snyder says studies show that when a doctor is allowed to say “I’m sorry,” people who are grieving are better able to heal.

Politics
4:25 pm
Tue April 19, 2011

First legal challenges to emergency manager law

Robert Bobb, Detroit Public Schools emergency financial manager, says the new emergency manager law has already helped him in his role.
Sarah Hulett Michigan Radio

The controversial emergency financial manager law gives broad powers to state-appointed officials who are brought in to help struggling cities and school districts.

It was signed into law last month by Governor Rick Snyder, now, as MPRN's Rick Pluta reports, two Detroit pension fund boards have filed a lawsuit challenging the state's emergency financial manager law. They say the law "illegally threatens contracts and collective bargaining agreements."

Under the law, emergency managers can strip power from locally elected officials and dissolve union contracts.

Pluta spoke with the emergency manager in charge of the Detroit Public Schools, Robert Bobb. He says these legal challenges won't help: 

"Because the legislation as it is is to kind of help escalate the resolution of problems and issues in localities and in school districts and any type of prolonged litigation does not really help advance what needs to be advanced to right the ship," says Bobb.

The Detroit News reports that the lawsuit was filed by Detroit's General Retirement System and the Police and Fire Retirement System:

The law "represents an imminent threat to the constitutional rights of plaintiffs and other members of the Detroit Retirement Systems," the funds' lawyer Ronald A. King wrote in the lawsuit.

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Environment
10:28 am
Tue April 5, 2011

Landowners sue gas companies over leases

Natural gas drilling rig in Wyoming
Photo courtesy of the Bureau of Land Management

Last May, oil and gas companies spent hundreds of millions of dollars buying up rights to drill in Michigan. By summer, private landowners in northern Michigan had signed leases promising record payments to drill on their land. But by the end of the year, the frenzy over the new gas play had fizzled. And, as Bob Allen found out, hundreds of people were claiming they’d been cheated.

The first person to file suit against the gas companies in Emmet County is Mildred Lutz.

A sturdy 92 years old, she still keeps a garden and cans her own vegetables.

Last summer, a man knocked on her door and offered to pay her almost a hundred thousand dollars for the oil and gas deep underground beneath her farm.

Mildred had just lost her husband of sixty-nine years, Carl. And she thought the money would come in handy for a whole list of expenses, including funeral costs. So after talking it over with her five children, she signed a lease and took the document to the bank in Alanson to be notarized.

She never heard another word from the oil and gas developers and she never got paid.

And how does she feel about that?

“Well, not very good. I don’t know, I’ve always kind of had the feeling of trusting a lot of people, I guess. I hate to see people being dishonest. When you do that, you’re just really hurting a lot of people that were depending on this.”

Attorney Bill Rolinski says he’s heard from a lot of people who ended up in the same boat as Mildred Lutz.

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Education
4:36 pm
Mon March 14, 2011

Michigan AG files brief in support of former EMU grad student

Michigan Attorney General Bill Schuette
Photo courtesy of Michigan's Attorney General office michigan.gov

Michigan Attorney General Bill Schuette filed a brief against Eastern Michigan University, alleging the university violated a student’s civil rights. 

Julea Ward was a student in EMU’s masters program for counseling. When she refused to counsel gay students because she’s morally against homosexuality, she tried to refer them to another counselor.

EMU says she violated the American Counseling Association Code of Ethics, and removed her from the program. Ward sued EMU in 2009 for violating her constitutional rights.

A federal court in Detroit dismissed the case saying EMU did not discriminate against Ward. Now the Michigan Attorney General’s office is filing an appeal on behalf of Ward.

John Selleck is with the AG’s office. He says this case "would set a standard going forward for other students who have religious objections in any Michigan college case going forward. We think that was a very important reason for us to get involved."

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Environment
11:13 am
Thu February 10, 2011

Partial ban on hunting & snowmobiling in national forest?

The Huron-Manistee National Forest
Photo courtesy of U.S. Forest Service

The U.S. Forest Service has to consider making 70,000 acres off limits to firearm hunting and snowmobiling in the Huron-Manistee National Forest. That’s about seven percent of the Huron-Manistee.

It’s doing this because the 6th Circuit Court of Appeals ordered the Service to do so... and that’s because of a lawsuit brought by a guy named Kurt Meister. Meister is an attorney, representing himself in the case. He’s trying to get areas that are already designated as non-motorized set aside for quiet recreation. 

“There ought to be some place in the forest where you can go cross-country skiing or snow-shoeing or kayaking or hiking or ride your horse without having to listen to the noise of other people and the guns and machines they use.”

This week, the Michigan House and Senate are discussing three resolutions. Those resolutions express opposition to any potential ban on hunting and snowmobiling in the Huron-Manistee. The resolutions couldn’t stop the federal agency – but it's basically a show of hands against a ban.

The resolutions are:

  • House Concurrent Resolution 2: sponsored by State Rep. Bruce Rendon (R-Lake City) - Passed the House Committee on Natural Resources, Outdoor Recreation and Tourism on Tuesday
  • House Resolution 17: sponsored by State Rep. Peter Pettalia (R-Alpena) - Passed the House Committee on Natural Resources, Outdoor Recreation and Tourism on Tuesday
  • Senate Resolution 6: sponsored by State Senator Goeff Hansen (R-Hart) - Being considered today in the Senate Committee on Outdoor Recreation and Tourism

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Environment
11:25 am
Tue February 8, 2011

Suing the state over pollution permits

A case that pinpoints a key issue in Michigan’s water law could come back before the state Supreme Court. The office of Attorney General Bill Schuette has asked the court to rehear the Anglers of the Au Sable case. The issue is: whether citizen groups can take state agencies to court to protect the environment.

Here's the nut of the case:

  • The Anglers group won their suit in the lower court to protect one of the state’s prime trout streams. The Department of Environmental Quality had given Merit Energy permission to pump more than a million gallons a day of treated wastewater into a creek at the headwaters of the Au Sable River.
  • The Court of Appeals upheld the ruling against the oil company but exempted the Department of Environmental Quality from the lawsuit. The Appeals Court said the issuing of a permit doesn’t cause harm to the environment... it’s the person with the permit that could do that.

So Anglers asked the Michigan Supreme Court to review that part of the ruling.

And in December the high court overturned the lower court and said state agencies that issue permits that result in harm can be named in a citizen suit.

The Court upheld clear language in the Michigan Environmental Protection Act that says any person can bring suit to protect the environment.

Jim Olson, an attorney for the Anglers, says the decision upholds state environmental law that’s been in place for more than forty years.

“Permits that cause harm can be brought into Circuit Court and people can bring it out into the open and judges can make decisions so agencies can’t hide behind the cloak of bureaucracy.”

Since December, a conservative majority is back in control of the Supreme Court.

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Law
6:51 am
Thu January 6, 2011

Michigan's new Attorney General will continue to fight the federal health care law

Attorney General Bill Schuette shortly after he took the oath of office in Lansing
Corvair Owner Flickr

The state's new Attorney General Bill Schuette says he will continue Michigan's role in a legal challenge to the federal health care overhaul.  In a statement released yesterday,  Schuette said, "I will fight Obamacare tooth-and-nail to protect our citizens from this constitutional overreach."

As the Associated Press reports:

Schuette ... said Wednesday he will add his name to the lawsuit challenging the law. That continues a legal strategy from former Michigan Attorney General Mike Cox. Both Schuette and Cox are Republicans. Attorneys for 20 states are challenging the new federal health care law in a case before a federal court in Florida. The states argue the law violates people's rights by forcing them to buy health insurance by 2014 or face penalties.

Schuette was sworn in as the state's Attorney General on Saturday.

Environment
11:11 am
Tue January 4, 2011

Supreme Court Gives You the Right to Sue the State

The Michigan Supreme Court
Photo by larrysphatpage, Flickr

The Michigan Supreme Court says anyone can sue the state if they believe it's acting in a way that harms the environment. 

Michigan Radio's Jennifer Guerra talked with Nick Schroeck with the Great Lakes Environmental Law Center to find out what this decision means. He says if a company wants to do something like discharge treated wastewater into a creek or a river, for example, it needs a permit from the state to do so:

“The way our environmental law works, you have to have a permit to pollute, as it were. That means that the state regulates the amount of pollution that’s allowed into the waters of the state.”

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Offbeat
1:01 pm
Tue December 21, 2010

Golfer sues after being hit by partner's shanked shot

Watch out for those flying golf balls.
flickr user - easywebsitesky

When most people hit the links with their buddies, they don't anticipate getting sued for their shanks.

I guess it is America, so you can sue for just about anything. But it doesn't mean you'll win.

The New York Court of Appeals struck down an unfortunate case between two Doctors.

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Legal
11:52 am
Thu December 16, 2010

$3.5 million goes to crash victims

One one expert calls it "the biggest auto verdict in the state this year."

Danielle Salisbury of the Jackson Citizen Patriot reports a jury awarded James Fairly and his wife Kimberley Fairley $3.5 million in pain and suffering as a result of traffic accident Mr. Fairly was in.

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Lawsuit
6:09 pm
Wed December 8, 2010

Former Wayne State student sues university, Salvation Army

Salvaton Army Headquarters - York
Pamela Eisenberg flickr

A new lawsuit claims the Salvation Army and Wayne State University discriminated against a student because she was pregnant and unmarried.Tina Valresi was a graduate student in Wayne State’s social work program. She had to finish an internship with the Salvation Army to complete her degree.

Lawyer Deborah Gordon says as soon as Valresi’s supervisors at the Salvation Army found out she was pregnant, her work atmosphere became “hostile.”

She says the Salvation Army then gave her an “unsatisfactory” review, causing her to be dismissed from her graduate program. Gordon says the Salvation Army was “punishing” Valresi for being pregnant.

“They could have just been honest and said at the very beginning this is not acceptable. We want Wayne to put you elsewhere. Instead they kept her on and then failed her as a punishment.”

Gordon says Valresi only filed the lawsuit after trying unsuccessfully to resolve things with Wayne State.

Neither the Salvation Army nor Wayne State could be reached for comment.

Offbeat
5:07 pm
Mon December 6, 2010

High Court rules on "bizarre" toilet paper dispenser case

The Michigan Supreme Court
Michigan Supreme Court court.mi.gov

The Associated Press reports "the Michigan Supreme Court, in a 4-3 order, has refused to throw out Sheri Schooley's lawsuit against Texas Roadhouse in suburban Detroit."

Schooley sued the restaurant after a mishap with a toilet paper dispenser.  Schooley said she was injured in the restroom at the Texas Roadhouse.

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State Law
11:49 am
Wed December 1, 2010

ACLU sues cities for medical marijuana bans

Voters approved the use of medical marijuana in 2008.
USFWS

The Michigan chapter of the American Civil Liberties Union announced today that it will sue the cities of Birmingham, Bloomfield Hills, and Livonia. The ACLU is suing on behalf of Linda Lott, a 61 year-old from Birmingham who is suffering from multiple sclerosis.

In the ACLU's press release Lott is quoted as saying:

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