Special Appellate Counsel for Emergency Appeals in State and Federal Court of Appeals and Supreme Court

It is the eve of trial.  The trial court judge, bent on forcing you into an unsavory settlement with opposing counsel, has granted opposing counsel’s motion in limine to exclude your proposed evidence from the jury’s consideration.  This is a key part of your client’s case and without it your client may be facing 100 […]

“[The] killings [of American citizens] undertaken in accord with the public authority justification were not ‘unlawful’ because they were justified”, Says Government Memo Outlining Legal Authority for Assassination of American Citizens Abroad

I started casually reading the Second Circuit’s opinion released yesterday, June 23, 2014, in the case of New York Times, et al. v. DOJ, et al, which includes a redacted version of the government’s now infamous legal memorandum outlining legal justification for executive decisions to assassinate American citizens abroad and I could not help casually analyzing […]

RICO Not Applicable To Employee’s Workers’ Compensation Dispute and Claims Holds En Banc Panel of Sixth Circuit

In a significant opinion that is bound to be pushed up to the Supreme Court by the plaintiffs, the Sixth Circuit today issued an en banc decision reversing its previous holding in this case and overruling Brown v. Cassens Transport, 675 F.3d 946 (2012) (Brown II), in which the Court had previously allowed claims against employers and […]

Sixth Circuit Affirms District Court’s Judgment for GM in Class Action Brought by Retirees to Bar Coordination of Pension and Workers’ Compensation Benefits

The Sixth Circuit Court of Appeals has affirmed Chief Judge Gerald Rosen’s decision granting summary judgment to General Motors in a class action filed by former GM employees, who filed suit to stop GM from “coordinating”, i.e., reducing workers’ compensation benefits based on disability pension benefits to which they were entitled.  The underlying facts stem […]

Michigan Supreme Court to Analyze State and Federal Preemption of Local Zoning Ordinances Outlawing Marijuana Use

On April 3, 2013, the Supreme Court granted the City of Wyoming’s Application for Leave to Appeal the Court of Appeals ruling that its local zoning ordinance, enacted to prohibit use of marijuana, conflicted with the Michigan Medical Marihuana Act (MMMA) and the federal Controlled Substances Act. The Supreme Court has requested the parties to […]

Sixth Circuit Court of Appeals Allows “RICO” Claims to Proceed Against Employers, Doctors, and Claims Administrators Despite Exclusive Remedy Provisions of State Workers’ Compensation Disability Laws

On November 2, 2012, the Sixth Circuit handed down a second opinion within the last six months in which it held that plaintiffs might have a remedy under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. secs. 1961(1)(B), 1962(c), and 1964(c), against their employers, the employers’ claims administrators and medical doctors for allegedly […]