Five Stories That Matter in Michigan This Week – May 23, 2025

  1. Thaddeus E. Morgan Recognized as a ‘Michigan Go To Lawyer’ for Construction Law in 2025 by Michigan Lawyers Weekly

Fraser Trebilcock Shareholder Thaddeus E. Morgan has been recognized by Michigan Lawyers Weekly as a ‘Michigan Go To Lawyer” in 2025 for Construction Law. “I am honored to have been recognized by Michigan Lawyers Weekly as a ‘Michigan Go To Lawyer’ for Construction Law,” said Mr. Morgan.

Why it Matters: Mr. Morgan is President of Fraser Trebilcock and has over 30 years of litigation experience in both state and federal courts in a wide variety of areas, including, commercial and business disputes, employment and shareholder litigation, construction, health care, real estate, insurance, and intellectual property. He is a former assistant prosecutor and assistant attorney general. Read more.

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  1. Fraser Trebilcock Attorneys Secure Victory for Firm Client

The litigation team of ​Thaddeus E. Morgan and ​Andrew G. Martin obtained dismissal of a case for the firm’s client.

Why it Matters: The litigation team obtained dismissal of a case alleging assumption of a contract as part of a business acquisition rejecting plaintiff’s claim of the “mere continuation” doctrine. Learn more.

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  1. NLRB Establishes Standard for Workplace Rules

The National Labor Relations Board (NLRB) has issued a ruling in Stericycle Inc., adopting a new legal standard for evaluating the lawfulness of employer work rules. Under the previous standard, an employer was not required to narrowly tailor its rules to promote its legitimate and substantial business interests without unnecessarily burdening employee rights.

Why it Matters: Workplaces may need to review existing policies to their employee handbooks to ensure compliance, and tailor their workplace rules to service legitimate business interests. Read more from your Fraser Trebilcock attorney.

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  1. Organizing Your Business: A Step-by-Step Guide for Michigan LLCs

Starting a business involves critical choices that shape your success and safeguard your financial future. In Michigan, forming an LLC offers entrepreneurs a powerful way to protect personal assets, simplify taxation, and maintain management flexibility.

Why it Matters: Forming and maintaining an LLC in Michigan provides valuable liability protection and flexibility for your business. By maintaining proper governance, your LLC can serve as a solid foundation for your business ventures. Read more from your Fraser Trebilcock attorney.

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  1. Navigating Bad Faith Claims: What Defense Attorneys Need to Know

Under the Michigan Uniform Trade Practices Act, an insurer is liable for penalty interest if it fails to timely pay a claim. “The purpose of the penalty is to penalize insurers for dilatory practices in settling meritorious claims, not to compensate a plaintiff for delay in recovering benefits to which he or she is ultimately determined to be entitled.”

Why it Matters: While it is important for insurers to train their claims professionals in background knowledge regarding bad faith law, including the factors above, there is no need to lead with fear. The biggest takeaway is that the opposite of “bad faith” is “good faith.” Therefore, claims professionals should be encouraged to utilize their best judgment with the information at the given time. Read more from your Fraser Trebilcock attorney.

Related Practice Groups and Professionals

Construction Law | Thad Morgan
Litigation | Thad Morgan
Litigation | Andrew Martin
Business & Tax | Andrew Martin
Labor, Employment & Civil Rights | David Houston
Insurance | Dakota Larson

Five Stories That Matter in Michigan This Week – May 16, 2025

  1. Federal Government Sues to Block Michigan’s Climate Lawsuits Against Fossil Fuel Companies

The federal government has filed a preemptive lawsuit against Michigan to prevent the state from pursuing litigation against fossil fuel companies for climate change damages. Michigan had announced plans to join approximately similar lawsuits already pending in courts nationwide but was sued by the federal government before it could file.

Why it Matters: This unusual procedural move specifically references President Trump’s recent executive order on American energy production that criticizes climate-focused state actions.

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  1. Governor Whitmer Signs Two Bills Into Law Revolving Around Financial Transparency for Public Officers and Candidates

Michigan Governor Gretchen Whitmer signed Senate Bills 99 and 100 into law this week, which focused on increasing transparency within the Michigan legislature, requiring public officers and candidates to report and specify any unearned income and/or securities they receive.

Why it Matters: Senate Bill 99 amends the Public Officers Financial Disclosure Act, including specifying that reporting requirements for unearned income and securities would have to include the origin and address of the sources and securities, and require the public officer to include the name of the lobbyist or lobbyist agent that made the gift payment. Senate Bill 100 amends the Candidate for Office Financial Disclosure Act, including specifying the reporting requirements for unearned income and securities would have to include the origin and address of the sources and securities.

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  1. Organizing Your Business: A Step-by-Step Guide for Michigan LLCs

Starting a business involves critical choices that shape your success and safeguard your financial future. In Michigan, forming an LLC offers entrepreneurs a powerful way to protect personal assets, simplify taxation, and maintain management flexibility.

Why it Matters: Forming and maintaining an LLC in Michigan provides valuable liability protection and flexibility for your business. By maintaining proper governance, your LLC can serve as a solid foundation for your business ventures. Read more from your Fraser Trebilcock attorney.

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  1. Navigating Bad Faith Claims: What Defense Attorneys Need to Know

Under the Michigan Uniform Trade Practices Act, an insurer is liable for penalty interest if it fails to timely pay a claim. “The purpose of the penalty is to penalize insurers for dilatory practices in settling meritorious claims, not to compensate a plaintiff for delay in recovering benefits to which he or she is ultimately determined to be entitled.”

Why it Matters: While it is important for insurers to train their claims professionals in background knowledge regarding bad faith law, including the factors above, there is no need to lead with fear. The biggest takeaway is that the opposite of “bad faith” is “good faith.” Therefore, claims professionals should be encouraged to utilize their best judgment with the information at the given time. Read more from your Fraser Trebilcock attorney.

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  1. NLRB Establishes Standard for Workplace Rules

The National Labor Relations Board (NLRB) has issued a ruling in Stericycle Inc., adopting a new legal standard for evaluating the lawfulness of employer work rules. Under the previous standard, an employer was not required to narrowly tailor its rules to promote its legitimate and substantial business interests without unnecessarily burdening employee rights.

Why it Matters: Workplaces may need to review existing policies to their employee handbooks to ensure compliance, and tailor their workplace rules to service legitimate business interests. Read more from your Fraser Trebilcock attorney.

Related Practice Groups and Professionals

Insurance | Dakota Larson
Business & Tax | Andrew Martin
Labor, Employment & Civil Rights | David Houston

Navigating Bad Faith Claims: What Defense Attorneys Need to Know

Under the Michigan Uniform Trade Practices Act, MCL 500.2001 et seq., an insurer is liable for penalty interest if it fails to timely pay a claim, MCL 500.2006(1). “The purpose of the penalty is to penalize insurers for dilatory practices in settling meritorious claims, not to compensate a plaintiff for delay in recovering benefits to which he or she is ultimately determined to be entitled.” Jones v Jackson Nat Life Ins Co, 819 F Supp 1372, 1379 (WD Mich, 1993). MCL 500.2006(1) states: 

A person must pay on a timely basis to its insured, a person directly entitled to benefits under its insured’s insurance contract, or a third party tort claimant the benefits provided under the terms of its policy, or, in the alternative, the person must pay to its insured, a person directly entitled to benefits under its insured’s insurance contract, or a third party tort claimant 12% interest, as provided in subsection (4), on claims not paid on a timely basis. Failure to pay claims on a timely basis or to pay interest on claims as provided in subsection (4) is an unfair trade practice unless the claim is reasonably in dispute. 

For first-party claims, a 12% penalty interest is owed when the insurer fails to pay benefits within 60 days after receiving a satisfactory proof of loss. MCL 500.2006(4). “If the claimant is a third party tort claimant, the benefits paid bear interest from a date 60 days after satisfactory proof of loss was received by the insurer at the rate of 12% per annum if the liability of the insurer for the claim is not reasonably in dispute, the insurer has refused payment in bad faith, and the bad faith was determined by a court of law.” Id. “The interest must be paid in addition to and at the time of payment of the loss.” Id. If the loss exceeds the available coverage limits, the interest payable is based on the coverage limits rather than the amount of the loss. Id. If the insurer offers payment which is rejected by the claimant, and the claimant does not recover an amount above the amount offered, interest is not due. Id. “Interest paid as provided in this section must be offset by any award of interest that is payable by the insurer as provided in the award.” Id. 

The Michigan Supreme Court has clarified that the 12% interest applies to all claimants but that the “reasonably in dispute” language only applies to third-party tort claimants. Nickola v MIC Gen Ins Co, 500 Mich 115, 131-132; 894 NW2d 552 (2017). An “insured” who makes an underinsured motorist (UIM) claim under their own insurance policy is not considered a third-party tort claimant. Id. at 118 “Insured” means “‘[s]omeone who is covered or protected by an insurance policy[.]’ Id. at 128 n. 31, quoting Black’s Law Dictionary (10th ed.). 

Regarding the “reasonably in dispute” language, the Sixth Circuit Court of Appeals has stated: 

Whether a claim is “reasonably in dispute” is a question of law for the court to decide…. [A] plainly invalid contract clause or a plainly erroneous interpretation of law may be sufficient basis for the court to determine that a policy is not “reasonably in dispute.” However, when there is no indication that the insurer acted unreasonably or with dilatory motive in denying the claim, the court should find that the claim is “reasonably in dispute.” A policy also might be “reasonably in dispute” when the insurer—in good faith—disputes its obligation, contests legitimate issues, and makes no effort to delay recovery of benefits. [Fed Ins Co v Hartford Steam Boiler Inspection & Ins Co, 415 F3d 487, 499-500 (CA 6, 2005) (citations omitted.] 

Commercial Union Ins Co v Liberty Mut Ins Co, 426 Mich 127; 393 NW2d 161 (1986), provides guidance on what can constitute bad faith. “Bad faith” generally means “as arbitrary, reckless, indifferent, or intentional disregard of the interests of the person owed a duty.” Id. at 137. In contrast, 

[g]ood-faith denials, offers of compromise, or other honest errors of judgment are not sufficient to establish bad faith. Further, claims of bad faith cannot be based upon negligence or bad judgment, so long as the actions were made honestly and without concealment. However, because bad faith is a state of mind, there can be bad faith without actual dishonesty or fraud. If the insurer is motivated by selfish purpose or by a desire to protect its own interests at the expense of its insured’s interest, bad faith exists, even though the insurer’s actions were not actually dishonest or fraudulent. [Id. at 136-137.] 

The following factors may also be taken into account when deciding whether a defendant acted in bad faith: 

      1. Failure to keep the insured fully informed of all developments in the claim or suit that could reasonably affect the interests of the insured, 
      2. Failure to inform the insured of all settlement offers that do not fall within the policy limits, 
      3. Failure to solicit a settlement offer or initiate settlement negotiations when warranted under the circumstances,
      4. Failure to accept a reasonable compromise offer of settlement when the facts of the case or claim indicate obvious liability and serious injury,
      5. Rejection of a reasonable offer of settlement within the policy limits,
      6. Undue delay in accepting a reasonable offer to settle a potentially dangerous case within the policy limits where the verdict potential is high,
      7. An attempt by the insurer to coerce or obtain an involuntary contribution from the insured in order to settle within the policy limits,
      8. Failure to make a proper investigation of the claim prior to refusing an offer of settlement within the policy limits,
      9. Disregarding the advice or recommendations of an adjuster or attorney,
      10. Serious and recurrent negligence by the insurer,
      11. Refusal to settle a case within the policy limits following an excessive verdict when the chances of reversal on appeal are slight or doubtful, and
      12. Failure to take an appeal following a verdict in excess of the policy limits where there are reasonable grounds for such an appeal, especially where trial counsel so recommended.  [Id. at 137-139.] 

Because the facts of each case are different, the trial court can use its discretion in determining which factors, if any, should be included in the jury instructions. Id. at 137. In addition, these factors are not exclusive and “[n]o single factor shall be decisive.” Id. It is inappropriate to review conduct using a “‘20–20 hindsight vision.’’” Id. at 139. Instead, conduct must be reviewed “in light of the circumstances existing at the time.” Id. 

What This Means

While the content above is intended to provide a background of what may constitute “bad faith,” each case presents unique factual considerations. We suggest that while it is important for insurers to train their claims professionals in background knowledge regarding bad faith law, including the factors above, there is no need to lead with fear. The biggest takeaway is that the opposite of “bad faith” is “good faith.” Therefore, claims professionals should be encouraged to utilize their best judgment with the information at the given time.


This alert serves as a general summary and does not constitute legal guidance. Please contact us with any specific questions. When it matters in Michigan, we are the trusted legal advisors for businesses and individuals.


Larson, DakotaDakota A. Larson is an experienced attorney handling complex liability, coverage, and bad faith claims in multiple lines of insurance and in multiple jurisdictions. You can reach her at 517.377.0872 or at dlarson@fraserlawfirm.com.

Five Stories That Matter in Michigan This Week – April 18, 2025

  1. Michigan Supreme Court Upholds Contract Law Principles in Kircher Decision

On March 27, 2025, the Michigan Supreme Court unanimously ruled in Kircher v. Boyne USA, Inc. that the implied covenant of good faith and fair dealing does not create an independent cause of action under Michigan law.

Why it Matters: By clarifying that the good faith covenant cannot be used as a standalone basis for litigation, the Court has reinforced traditional contract interpretation principles, providing greater certainty for businesses and individuals entering contractual relationships while potentially limiting avenues for parties seeking to challenge otherwise valid agreements.

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  1. How to Calculate Post Judgment Interest Rates in Michigan

Michigan post judgment interest rates are often considered a confusing aspect of determining the value of a final judgment.

Why it Matters: If an attorney does not understand how to determine the value of a post judgment interest, they are leaving money on the table that could otherwise be in their client’s pockets. Read more from your Fraser Trebilcock attorney.

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  1. A Health Professional’s Guide to Navigating the Disciplinary Process: What to Expect if You Are Facing a Professional Licensing Investigation or Administrative Complaint

Health professionals are committed to caring for patients with expertise, compassion, and integrity. However, in the heavily regulated healthcare field, those professionals can sometimes find themselves navigating not just the medical challenges of their patients but licensing issues of their own as well. Licensing issues can arise unexpectedly, and, when they do, they can cause tremendous stress and uncertainty.

Why it Matters: As an attorney with years of experience handling professional licensing matters for health professionals, Robert J. Andretz has witnessed firsthand how professional licensing investigations and Administrative Complaints can disrupt health professionals’ careers and their ability to provide patient care. He will explore how to navigate the disciplinary process in Michigan so that you can know what to expect if you are ever faced with a threat to your license. Learn more.

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  1. Michigan Cannabis Exceeds $276 Million in March ‘25

Cannabis sales surpassed $276 million in March 2025, via the monthly report from the Michigan Cannabis Regulatory Agency. Michigan adult-use sales came in at $276,290,892.17, while medical sales came in at $655,117.62, totaling $276,946,009.76.

Why it Matters: While the prices of cannabis and cannabis-related products continue to decrease and make consumers happy, growers on the other hand are seeing profits decrease resulting in them seeking ways to halt new licenses to be granted in an effort to steady prices.

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  1. Business Education Series: From Inbox to Impact – Optimize Email Marketing and Website Performance

Creating impactful email campaigns using 2025’s best practices while keeping your subscribers engaged and avoiding outdated pitfalls is essential for businesses in this day and age. On top of that, you need to make sure that your website and digital presence is up to date and active.

Why it Matters: During the May Business Education Series facilitated by Jacki Krumnow of Now Marketing and Joe Ford of Netvantage SEO, this session will help you measure website health and digital campaign performance effectively, as well as creating impactful email campaigns. Whether you’re starting fresh or refining your approach, this session is packed with actionable insights, tools, and insider advice to boost your marketing efforts. Learn more.

Related Practice Groups and Professionals

Business & Tax | Andrew Martin
Professional Licensing | Robert Andretz
Cannabis Law | Sean Gallagher

Five Stories That Matter in Michigan This Week – October 4, 2024

  1. With Election Looming, it’s Important to be Informed About Michigan’s AI Election Communications Law

A little less than a year ago, in November, 2023, Michigan became the fifth U.S. state to pass a law regulating artificial intelligence use in election communications. The legislation requires a disclaimer on political advertisements created using A.I.-generated content.

Why it Matters: Under the law, a person who knowingly violates this section is guilty of a misdemeanor punishable by a fine of not more than $1,000.00 or imprisonment for not more than 93 days, or both. You can access more information about the law here.

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  1. Michigan Sales Tax Applies to Credit Card Surcharges

Recently, the Michigan Department of Treasury provided guidance on the application of a Michigan sales tax on credit card “surcharges” for businesses. The Michigan Department of Treasury considers the surcharge added to a customer’s bill a “service cost” or “other expense of the seller” under the General Sales Tax Act, making it part of the taxable “sales price” of a transaction.

Why it Matters: Compliance with this guidance is important. Failure to do so may result in underpayment of taxes due to the State of Michigan, potentially subjecting your business to penalties and interest. If you have any questions about how this guidance applies to your specific situation, please contact Paul McCord or your Fraser Trebilcock attorney. Read more.

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  1. Update: Michigan Supreme Court Clarifies its “Adopt and Amend” Minimum Wage and Tipped Worker Ruling

The Michigan Supreme Court recently issued a clarification of its July 31, 2024 ruling on minimum wage and paid sick leave standards. This update, released on September 18, 2024, comes in response to a request from the State of Michigan and its attorney general, addressing several key points of confusion that arose from the original decision.

Why it Matters: Employers should remain vigilant for any further updates or guidance from state authorities. The complex nature of these changes underscores the importance of staying informed and seeking experienced legal counsel to ensure full compliance with Michigan’s evolving wage laws. Read more from your Fraser Trebilcock attorney.

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  1. Business Education Series: Avoid the Five Business Dangers

On Wednesday, October 30, Tom Hamp, Hamp Business Coaching, will delve into the critical issues of poor leadership skills and their impact on organizational success, explore strategies to overcome underperforming sales, and discuss the consequences of ineffective marketing. Additionally, we will examine the importance of robust human capital management and the detrimental effects of financial mismanagement. This seminar is designed to provide practical solutions and actionable insights to help you navigate and resolve these common business problems effectively.

Why it Matters: Learn how to understand your business’s financials, understand profit and loss and use it to your advantage. Also learn how leadership impacts staff and how to manage employees better by increasing leadership skills. Full information and to register.

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  1. Fraser Trebilcock Attorney Secures Victory for Firm Client

Fraser Trebilcock attorney Danielle Lofton was successful in securing a victory for the firm’s client in an insurance matter. A mother of an eight-year-old daughter in Florida had been sued over an accident that occurred in Michigan involving her daughter having caused a serious injury to a cousin while driving an ATV.

Why it Matters: The mother’s insurance company in Florida had gone into insolvency, leaving the mother on her own to defend herself in the civil lawsuit. Although she was initially faced with many roadblocks, Attorney Lofton was successful in convincing the Florida Insurance Bureau to not only settle the underlying claim, but to reimburse the firm’s client for the defense costs she incurred. Read more.

Related Practice Groups and Professionals

Business & Tax | Paul McCord
Labor, Employment & Civil Rights | David Houston
Insurance Law | Danielle Lofton

Five Stories That Matter in Michigan This Week – April 26, 2024

  1. FTC Issues Final Rule Banning Non-Compete Agreements Nationwide

On April 23, 2024, in a 3-2 vote, the Federal Trade Commission (FTC) issued a final rule banning non-compete clauses in most employment agreements nationwide. The rule is scheduled to go into effect 120 days after it is published in the Federal Register.

Why it Matters: Under the final rule, “Non-compete clause” is defined as “a term or condition of employment that prohibits a worker from, penalizes a worker for, or functions to prevent a worker from: (i) seeking or accepting work in the United States with a different person where such work would begin after the conclusion of the employment that includes the term or condition; or (ii) operating a business in the United States after the conclusion of the employment that includes the term or condition.” Read more from your Fraser Trebilcock attorneys.

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  1. State and Local Governments Subject to ADA Website Rules

On April 23, 2024, in a 3-2 vote, the Federal Trade Commission (FTC) issued a final rule banning non-compete clauses in most employment agreements nationwide. The rule is scheduled to go into effect 120 days after it is published in the Federal Register.

Why it Matters: While staffing at many schools has grown due to pandemic relief funding, student enrollment has dwindled. This report comes on the heels of another report – this one from the Michigan Center for Data and Analytics – projecting the state population could decline by nearly 700,000 residents by 2050.

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  1. Michigan 04/20 Sales Hits All-Time High

Per data from Michigan Cannabis Regulatory Agency, sales of cannabis topped $28.5 million on April 20, 2024, an increase from the reported $21.6 million in sales from the year prior.

Why it Matters: Marijuana sales remain strong in Michigan, particularly for recreational use. However, there still are significant concerns about profitability and market oversaturation that the industry is contending with. Contact our cannabis law attorneys if you have any questions.

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  1. The Limitations of Federal Bankruptcy Law for Marijuana Businesses

Under the federal Controlled Substances Act, marijuana remains classified as a Schedule I drug, making it illegal at the federal level. This creates a unique challenge for marijuana businesses operating legally within their state’s framework, as they are unable to avail themselves of federal bankruptcy protection.

Why it Matters: Federal bankruptcy courts have been reluctant to provide relief to debtors engaged in activities that are illegal under federal law, even if those activities are legal under state law. As a result, marijuana businesses are often left without the benefits of bankruptcy protection, such as the automatic stay, discharge of debts, and court-supervised reorganization.

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  1. Fraser Trebilcock Attorney Secures Victory for Firm Client

Fraser Trebilcock attorney Andrew J. Moore was successful in obtaining summary disposition on behalf of the firm’s client. Plaintiff and their spouse applied for credit life insurance from the firm’s client, a prominent independent insurance company, in conjunction with an RV they purchased.

Why it Matters: The spouse misrepresented their medical history and was in fact diagnosed with and treating for a disqualifying medical condition. The spouse died of heart attack two months after purchase. The firm’s client rescinded the credit certificate, then was sued. Plaintiff claimed RV salesman misrepresented application, eligibility, insurability, and coverage limits, while simultaneously claiming RV salesman was an “agent” of the firm’s client such that they should be held liable for their misrepresentation. After discovery and at summary disposition, the Judge ruled in favor of the firm’s client and dismissed all counts. Learn more.

Related Practice Groups and Professionals

Business & Tax | Robert Burgee
Labor, Employment & Civil Rights | David Houston
Business & Tax | Andrew Martin
Cannabis Law | Sean Gallagher
Insurance Law | Andrew Moore

Five Stories That Matter in Michigan This Week – April 19, 2024

  1. Michigan Schools Face Budget Shortfalls, Many May Have to Cut Staff

A new report by the Citizens Research Council of Michigan suggests that Michigan schools may have to cut more than 5,000 teacher jobs over the next several years to balance budgets as pandemic-related funding comes to an end.

Why it Matters: While staffing at many schools has grown due to pandemic relief funding, student enrollment has dwindled. This report comes on the heels of another report – this one from the Michigan Center for Data and Analytics – projecting the state population could decline by nearly 700,000 residents by 2050.

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  1. Fraser Trebilcock Attorney Secures Victory for Firm Client

Fraser Trebilcock attorney Andrew J. Moore was successful in obtaining summary disposition on behalf of the firm’s client. Plaintiff and their spouse applied for credit life insurance from the firm’s client, a prominent independent insurance company, in conjunction with an RV they purchased.

Why it Matters: The spouse misrepresented their medical history and was in fact diagnosed with and treating for a disqualifying medical condition. The spouse died of heart attack two months after purchase. The firm’s client rescinded the credit certificate, then was sued. Plaintiff claimed RV salesman misrepresented application, eligibility, insurability, and coverage limits, while simultaneously claiming RV salesman was an “agent” of the firm’s client such that they should be held liable for their misrepresentation. After discovery and at summary disposition, the Judge ruled in favor of the firm’s client and dismissed all counts. Learn more.

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  1. Michigan CRA Publishes March ’24 Data: Average Price Decreases

Per data released by the Cannabis Regulatory Agency (CRA), the average retail price for adult-use sales of an ounce of cannabis in March was $90.70, a decrease from $91.94 in February. This is an increase from March 2023, where the average price was $86.87.

Why it Matters: While the prices of cannabis and cannabis-related products continue to decrease and make consumers happy, growers on the other hand are seeing profits decrease resulting in them seeking ways to halt new licenses to be granted in an effort to steady prices. Contact our cannabis law attorneys if you have any questions.

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  1. April Business Education Series

In the dynamic landscape of business, where adaptability is key, the importance of having robust Standard Operating Procedures (SOPs) cannot be overstated. SOPs serve as the backbone of organizational efficiency, ensuring consistency, compliance, and continuous improvement.

Why it Matters: The April Business Education Series, “Optimizing Operations: The Crucial Role of Standard Operating Procedures (SOPs),” led by Brittany Parks, founder and principal Consultant, Brittany Parks Process Consulting, is designed to equip participants with the knowledge, skills, and tools to harness the transformative power of SOPs in their respective organizations. Learn more and to register.

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  1. Ten Reasons Why You May Want to Consider a Family Cottage Succession Plan

The goal of cottage succession planning is to set up legal ground rules that provide the best chance to keep a cottage in the family for future generations.

Why it Matters: A cottage plan usually addresses concerns through the creative use of a limited liability company (LLC), or a trust (typically used for more favorable treatment associated with the uncapping of taxable value), to own the property. Learn more from cottage law attorney Mark Kellogg.

Related Practice Groups and Professionals

Insurance Law | Andrew Moore
Cannabis Law | Sean Gallagher
Cottage Law | Mark Kellogg

Five Stories That Matter in Michigan This Week – March 22, 2024

  1. The Uniform Power of Attorney Act

The Uniform Power of Attorney Act (UPOAA or Act), 2023 PA 187, was signed into law in November 2023 and goes into effect July 1, 2024. It repeals Michigan’s current statutory law on durable powers of attorney, specifically Sections 700.5501-700.5505 of the Estates and Protected Individuals Code (EPIC). The UPOAA is not part of EPIC, instead, it is a stand-alone statute located at MCL 556.201 et. seq.

Why it Matters: The UPOAA will apply to all powers of attorney in Michigan beginning July 1, 2024, with certain exceptions. Read more from attorney Melisa M.W. Mysliwiec.

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  1. Can an Out-of-State Patent Attorney Represent Me?

Securing a patent for an innovative idea involves maneuvering through a complex, multifaceted process. And having the right guide—patent legal counsel—is an essential part of the process. A common misconception is that a party hoping to secure a patent must turn to a local attorney for help. This belief, while understandable considering that many legal matters require local expertise and licensing, overlooks the dynamics of how things work with patent law.

Why it Matters: The truth is, in the digital age, the geographical location of your patent attorney matters less than their expertise, experience, and ability to navigate the United States Patent and Trademark Office’s (“USPTO”) requirements. Learn more from attorney Andrew Martin.

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  1. Michigan CRA Publishes February Data: Average Price Decreases

Per data released by the Cannabis Regulatory Agency (CRA), the average retail price for adult-use sales of an ounce of cannabis in February was $91.94, a decrease from $93.20 in January. This is an increase from February 2023, where the average price was $86.00.

Why it Matters: While the prices of cannabis and cannabis-related products continue to decrease and make consumers happy, growers on the other hand are seeing profits decrease resulting in them seeking ways to halt new licenses to be granted in an effort to steady prices. Contact our cannabis law attorneys if you have any questions.

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  1. CRA Warns of Scam Targeting Michigan Cannabis Businesses

On March 8, the Michigan Cannabis Regulatory Agency (CRA) sent out an advisory bulletin warning cannabis businesses of an individual posing as an agent of the CRA demanding payment of license fees under the threat of revoking their license(s).

Why it Matters: The CRA noted, “Licensees and applicants are reminded that administrative rules require they notify the CRA and local law enforcement within 24 hours of becoming aware – or within 24 hours of when they should have been aware – of the theft or loss of any product or criminal activity at the marijuana business.”

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  1. Fraser Trebilcock Attorneys Secure Summary Disposition for Firm Client

Fraser Trebilcock attorneys Danielle Lofton and Gary C. Rogers have obtained summary disposition and dismissal of a lawsuit in favor of the firm’s client in a personal injury case pending before the Kalamazoo County Circuit Court.

Why it Matters: Attorney Lofton successfully argued the motion, convincing the trial court that the plaintiff’s injuries did not rise to the level of serious impairment of body function, following mediation in which the plaintiff, who was represented by a prominent plaintiff’s personal injury firm, rejected the settlement recommended by a mediator, and wanted to proceed to trial before a jury. Instead of accepting the mediator’s recommended settlement amount, the plaintiff will now receive nothing. Learn more.

Related Practice Groups and Professionals

Trusts & Estates | Melisa M.W. Mysliwiec
Intellectual Property | Andrew Martin
Cannabis Law | Sean Gallagher
Insurance Law | Danielle Lofton
Insurance Law | Gary Rogers

Five Stories That Matter in Michigan This Week – March 15, 2024

  1. Michigan Senate Passes Bill to Require Dyslexia Screening in Schools

On March 12, the Michigan Senate overwhelmingly (37-1) passed a bill that would require schools to screen all students for signs of dyslexia. It would also require programs to educate prospective teachers on dyslexia’s characteristics.

Why it Matters: This bill is part of a larger effort to improve reading in Michigan. In spring 2023, one-third of Michigan third grade students scored not-proficient in reading.

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  1. Michael E. Cavanaugh Selected as a Member of Michigan Lawyers Weekly “Hall of Fame Class of 2024”

Fraser Trebilcock attorney Michael E. Cavanaugh has been selected as a member of Michigan Lawyers Weekly “Hall of Fame Class of 2024.” This special award recognizes esteemed members of the legal profession who have been in practice for at least 30 years. “I am extremely honored to be recognized by Michigan Lawyers Weekly as a member of their Hall of Fame Class of 2024,” said Mr. Cavanaugh.

Why it Matters: Michigan Lawyers Weekly’s annual “Hall of Fame” award recognizes Michigan’s legal leaders who have been in practice for 30 years, highlighting their successful careers and valuable contributions to the community. These legendary lawyers have made their mark, either in the courtroom or the boardroom, in their law firms or legal departments, with community organizations, and with local, state and national bar associations. Read more.

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  1. Fraser Trebilcock Attorneys Secure Summary Disposition for Firm Client

Fraser Trebilcock attorneys Danielle Lofton and Gary C. Rogers have obtained summary disposition and dismissal of a lawsuit in favor of the firm’s client in a personal injury case pending before the Kalamazoo County Circuit Court.

Why it Matters: Attorney Lofton successfully argued the motion, convincing the trial court that the plaintiff’s injuries did not rise to the level of serious impairment of body function, following mediation in which the plaintiff, who was represented by a prominent plaintiff’s personal injury firm, rejected the settlement recommended by a mediator, and wanted to proceed to trial before a jury. Instead of accepting the mediator’s recommended settlement amount, the plaintiff will now receive nothing. Learn more.

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  1. Can an Out-of-State Patent Attorney Represent Me?

Securing a patent for an innovative idea involves maneuvering through a complex, multifaceted process. And having the right guide—patent legal counsel—is an essential part of the process. A common misconception is that a party hoping to secure a patent must turn to a local attorney for help. This belief, while understandable considering that many legal matters require local expertise and licensing, overlooks the dynamics of how things work with patent law.

Why it Matters: The truth is, in the digital age, the geographical location of your patent attorney matters less than their expertise, experience, and ability to navigate the United States Patent and Trademark Office’s (“USPTO”) requirements. Learn more from attorney Andrew Martin.

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  1. Corporate Transparency Act ‘Unconstitutional’ says Federal District Judge

A U.S. District Court in Alabama has determined that Congress overstepped its constitutional authority in passing the Corporate Transparency Act (“CTA”) (see National Small Business United v. Yellen, No. 5:22-cv-01448 (N.D. Ala.)). The CTA requires the disclosure of the Beneficial Ownership Information (“BOI”) of millions of American corporations, limited liability companies, and other entities.

Why it Matters: In the wake of this decision, FinCEN seems to have accepted the decision but only insofar as it affects its enforcement of the CTA against the named plaintiffs. The reporting obligations for the remaining 30 million or so entities is unchanged. Time will tell if FinCEN will appeal the decision and/or how it will deal with the seemingly inevitable series of similar cases that will start filling up courts across the country. Read more from attorney Bob Burgee.

Related Practice Groups and Professionals

Labor, Employment & Civil Rights | Michael E. Cavanaugh
Insurance Law | Danielle Lofton
Insurance Law | Gary Rogers
Intellectual Property | Andrew Martin
Business & Tax | Robert Burgee

Five Stories That Matter in Michigan This Week – January 12, 2024

  1. Cannabis Regulatory Agency Announces $1 Million Social Equity Grant Program

Michigan’s Cannabis Regulatory Agency (CRA) announced a $1 million grant program to applicants who have a recreational marijuana license, have eligible Social Equity Program participants, and participate in the CRA’s “Social Equity All-Star Program.”

Why it Matters: The program is intended to encourage participation in the industry by people from communities that have been disproportionately impacted by marijuana prohibition and enforcement.

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  1. Fraser Trebilcock Welcomes Danielle Lofton to the Firm

We are pleased to announce the hiring of attorney Danielle Lofton who will work primarily in the firm’s Lansing office, focusing her practice on insurance defense.

Why it Matters: Ms. Lofton represents clients with personal injury claims including no-fault cases for several years. She has routinely secured early dismissals through successful motions and negotiated favorable settlements for her clients. Learn more.

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  1. Department of Labor Issues New Rule on Independent Contractors

This week, the US Department of Labor issued a new rule modifying its analysis for determining whether a worker is an employee, or an independent contractor under the Fair Labor Standards Act. The final rule is effective on March 11, 2024.

Why it Matters: We previously reported on the Department of Labor publishing a Notice of Proposed Rulemaking regarding classification of employee or independent contractor under the FLSA. Under this final rule effective on March 11, 2024, it will provide clearer guidance for employers and how they determine their workers’ classifications, and further protect employees from misclassification.

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  1. Fraser Trebilcock Attorney Andrew J. Moore Elected to Board of Directors of Catholic Bar Association

We are pleased to announce that attorney ​Andrew J. Moore has been elected to the Board of Directors for the Catholic Bar Association, a national bar association with members in all 50 states. “I am honored to be elected to the Board of Directors, and I look forward to continuing the mission of the Catholic Bar Association,” said Andrew Moore.

Why it Matters: Andrew focuses his practice on general litigation matters, insurance defense, estate and trust administration, real estate transactions, family law, and criminal defense. His experience covers a range of practice areas, from out of court matters such as assisting clients in estate planning and business and tax matters to representing clients at trial in insurance, divorce, and criminal defense proceedings. He also serves on the Board of Directors of the Lansing Catholic Lawyers Guild. Read more.

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  1. Independent Citizens Redistricting Commission Required to Redraw Seven House Districts

A three-judge panel ordered this week that the Independent Citizens Redistricting Commission redraw seven state House districts by February 2nd, after it was ruled unconstitutional.

Why it Matters: Last year, a group of voters sued the Independent Citizens Redistricting Commission alleging that the Commission had violated the federal Voting Rights Act by drawing maps that impacted black voters’ opportunity to elect their preferred candidates.

Related Practice Groups and Professionals

Cannabis Law | Sean Gallagher
Insurance Law | Danielle Lofton
Labor, Employment & Civil Rights | David Houston
Litigation | Andrew Moore
Election Law