A frequent question that employers have when it comes to employment contracts and policies is whether the company should use an arbitration procedure for resolving disputes.
While there is not a “right or wrong” answer to this question, I tend to recommend employers reconsider using arbitration for resolving employment disputes. Two important factors for recommending
It is not often that the legal system and innovation are used (positively) in the same sentence.
However, Michigan has implemented a statewide innovative “business court” system to handle legal disputes that fall into a number of categories associated with business matters.
I’m currently sitting in Wayne County Circuit Court’s Business Court for a breach
The Michigan Court of Appeals sent a strong message that employment lawsuits should not be analogous to a Rorschach test, i.e., subject to interpretation.
Instead, there are certain fundamental pleading requirements that must be alleged in order to state a claim; Failing to follow these requirements may result in a dismissal of the claim. The decision also highlights an important distinction between race-based discrimination and a hostile work environment based on race.
Michigan business attorney and controlling litigation costs.
Continue Reading Limiting Litigation Costs – Don’t Overlook Your Legal Counsel’s Contribution to the Problem
Jim Leyland, the now former manager for the Detroit Tigers, officially announced his resignation today. Under his tenure, which lasted eight seasons, Mr. Leyland took the Tigers to two World Series and had an overall record of 700-597.
Mr. Leyland’s tenure
Employment discrimination claims and making bracket selections for March Madness a/k/a the men’s Division 1 NCAA basketball tournament often share two decision-making approaches: Guessing and analysis.
For example, Survival of the Fittest: A New Model for NCAA Tournament Prediction discusses analyzing the tournament using a model based on network characteristics to “quantify traits that specifically apply
A recent article in the Wall Street Journal, As Criminal Laws Proliferate, More Ensnared (Gary Fields and John Emshwiller), details the increasing number of federal criminal statutes and federal prosecutions – a threefold increase over the last 30 years. The article attributes – in part – this upward spiral to the criminalization of issues generally
The Michigan Supreme Court recently approved new rules for civil and criminal jury trials that will give jurors an opportunity to participate in trials.
Under these rules, jurors will be permitted to take notes, discuss the evidence throughout civil trials, and submit questions to the judge to ask witnesses. A PDF copy of the rules
On May 31, 2011, Crain’s Detroit Business (by Chad Halcom) reported that a prominent Detroit law firm and its Vice-Chairman had settled litigation involving various employment law claims filed by a former executive assistant.
I previously reported on this employment discrimination litigation and also discussed the lessons to be learned from the law firm’s alleged
A panel of the Sixth Circuit Court of Appeals (the federal circuit that includes Michigan, Ohio, Kentucky, and Tennessee) recently gave employers the heads up that The Times They are a Changin,‘ or at least should be, when it comes to the standard for successfully making a claim under the Americans with Disabilities