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Michigan Litigation Law Blog | Local Michigan and National Legal News Updates

Michigan Litigation and National Legal News.

Man wrongly accused of drunken driving by Fowlerville police officer settles for $320,000

“It would be evident to a reasonable officer that (Akima) was, quite apparently, sober,” Judge Jane Stranch said in a 3-0 opinion. “So a reasonable jury could conclude that (the) arrest was not supported by probable cause and that Officer Peca was not entitled to qualified immunity.”

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Supreme Court to weigh Trump’s immunity claim in D.C. 2020 election trial

The Supreme Court will review Donald Trump’s unprecedented claim that he is shielded from prosecution for actions taken while in office, further delaying the former president’s federal trial in the nation’s capital on charges of conspiring to overturn his 2020 election loss to remain in power.

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US Supreme Court weighs Trump-era ban on Bump Stocks

Fitting a bump stock to a rifle enables the weapon to fire hundreds of bullets per minute. The Trump administration banned the devices by classifying them as machine guns after they were used in the deadliest mass shooting in US history. Under the 1986 National Firearms Act, owning a machine gun is illegal. But a Texas resident and gun shop owner Michael Cargill has challenged the ban on bump stocks, saying the government has interpreted what qualifies as a machine gun too broadly.

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Michigan Supreme Court Confirms Excessive Interest is Still Illegal

The Michigan Supreme Court confirmed that excessive, illegal interest rates cannot be collected even if the loan document includes a clause stating that any of the fees and charges connected to the transaction should not be construed as illegal interest. This opinion has made it abundantly clear that an interest rate for a loan in Michigan that exceeds the statutory limit of 25 percent is still illegal and impermissible, even if those costs are not labelled as interest.

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Michigan Appeals Court Rules Loan for Bitcoin Gambling Not Enforceable

The case highlights ongoing legal risks in the cryptocurrency space. Many early Bitcoin adopters financed their crypto holdings through high-risk investment schemes or paid others to mine on their behalf, with rewards to be shared. But without clear written agreements, it can be difficult to later prove the existence of a binding contract if disputes arise. Additionally, Bitcoin and other digital assets remain unregulated, so activities like using crypto for online gambling exist in a legal gray area. As the industry continues to mature, more definitive laws and regulations are needed to better resolve these types of contractual and consumer protection issues.

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Supreme Court issues long-awaited ruling on 'Basic' presumption at class certification

On June 23, 2021, the Court held that the generality of an alleged misstatement is relevant to whether that misstatement impacted the price of a security, and courts should therefore consider the materiality of the statement when deciding whether a plaintiff may invoke the Basic presumption of reliance at the class certification stage, even if that exercise overlaps with merits issues.

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Michigan Dog Bite Laws Compared to Rest of Country

Even if you're not one of the 4.5 million Americans who are bitten by dogs every year, you can feel the sting from dog bites in the form of rising home insurance premiums.

In 2018, bites cost insurers $675 million, which was one-third of all the money paid out in homeowners liability claims last year, according to State Farm and the Insurance Information Institute.

The toll from vicious dogs is far higher in some states than in others. We count down the 20 worst states for dog bites, the ones with the highest numbers of insurance claims in 2018. If you're a dog owner, be smart. Everyone else: Be safe!

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Owners of dogs killed by Detroit police during raid win civil rights appeal

A federal court says the owners of three dogs killed by Detroit police during a raid can pursue a civil rights lawsuit against the officers.

The 6th U.S. Circuit Court of Appeals says the owners were entitled to due process. In a 2-1 opinion Monday, the court says a Fourth Amendment right against unreasonable seizure applies in two of the three dog deaths.

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