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Michigan Laws Making News

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Category: News

Unanimous court holds that the remedy for a venue error is retrial

June 15, 2023


In Smith v. United States, a unanimous court held on Thursday that when an appellate court finds that venue for a criminal trial was improper, the conviction should be vacated with the possibility of a retrial. In other words, those cases should not be dismissed with a retrial barred by double jeopardy.

Read more at SCOTUSblog

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An Odd Word With a Big Advantage: Defining a "Fiduciary"

June 14, 2023

Fiduciary. For a word that’s been around since 1631, it sure has done a good job of escaping understanding.

But by consulting another dictionary, one might finally understand what all the hype is about. Dictionary.com defines fiduciary this way: “a person to whom property or power is entrusted for the benefit of another.” That’s better.

Read more at smartasset

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3M Unit Bankruptcy Toss Is Second Blow to Mass Tort Defense Play

June 13, 2023

The June 9 decision hewed closely to the US Court of Appeals for the Third Circuit’s analysis earlier this year in its dismissal of a Johnson & Johnson subsidiary’s bankruptcy on similar grounds.
The two rulings are a pair of major setbacks for solvent companies eyeing bankruptcy to handle mass tort liabilities—a practice that has seen substantial growth in recent years.

Read more at Bloomberg Law

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Supreme Court rules for Jack Daniel’s in ‘poop-themed’ dog toy trademark fight

June 8, 2023

Various companies, including Nike Inc., Campbell Soup Co. and American Apparel, filed briefs backing Jack Daniel’s, saying the appeals court’s interpretation of the law threatened trademark protections that shield the value of iconic brands.

Read more at NBC News

SEC Sues Biggest Names In Crypto, Binance And Coinbase

June 7, 2023

The Securities and Exchange Commission (SEC) showed it isn’t pulling punches by going after the two most prominent names in the business, Binance and Coinbase, slapping them both with lawsuits accusing them of registered securities violations.

Read more at Forbes

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What do Michigan’s hands-free driving bills mean for drivers with older cars?

June 2, 2023

There are three bills in a package passed by legislators. HB 4250 says an individual “shall not hold or use a mobile electronic device while operating a motor vehicle.” The wording expands previous regulations that prohibited texting while driving — social media use and other activities were not previously addressed.

Read more at Lansing State Journal

Fight to Free ‘Taco Tuesday' Phrase From Trademark

May 25, 2023

LeBron James Joins Taco Bell in Fight to Free ‘Taco Tuesday' Phrase From Trademark

Taco John's, a 400-location chain that has held the trademark for the popular phrase since 1989, is being challenged by an NBA superstar and fast-food powerhouse

Read more at NBC Los Angeles

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Michigan law protects underage drinkers who seek medical care

May 24, 2023

Medical amnesty laws allow a person under 21 to seek treatment or observation, including an examination and treatment for any condition as a result of sexual assault. Minors can also contact police and emergency medical services for legitimate healthcare concerns. A person who accompanies the minor is also protected.

Read more at Fox2 Detroit

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MSHDA Expands Access to $10,000 Down Payment Assistance Program

May 23, 2023

The Michigan State Housing Development Authority will expand its MI 10K DPA program statewide, helping low and middle-income homebuyers overcome the biggest barrier to home ownership: the down payment. The program was previously offered exclusively to 236 zip codes, but is now available throughout the state.

Read more at Michigan.gov

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Montana first U.S. state to ban TikTok

May 19, 2023

A growing number of Republican-led states have issued TikTok bans on government-issued devices after the FBI warned of possible threats to national security posed by the Chinese-owned social media platform, but Montana is the first state to impose a total ban on the app.

Read more at Axios

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