I-9 bust at Mich. dairy farm leads to probation for owners, almost $3M in fines

"The owners of Aquila Farms, LLC, were sentenced Tuesday to three years of probation and ordered to pay fines totaling $234,000 for hiring [unauthorized] aliens and aiding and abetting each other to do so. The convictions were the result of an investigation conducted by U.S. Immigration and...

New Legislation Intended to Reduce Burdensome Regulation by Michigan Agencies

By Thomas P. Wilczak and Andrea E. Hayden, Attorneys, Pepper Hamilton LLP On November 28, 2011 Michigan's Gov. Rick Snyder signed five bills into law, three of which amend Michigan's Natural Resources and Environmental Protection Act (NREPA), and two that amend its Administrative Procedures...

The Grim Reaper Pays Nothing: Body Lost – Suit Follows

By Barry Zalma, Attorney and Consultant The U.S. District Court for the Eastern District of Michigan was asked to grant Defendant Netherlands Insurance Company's Motion for Summary Judgment. Plaintiffs filed suit for declaratory relief and sought coverage under a cemetery's insurance policy...

Whistleblowers in Michigan: whistling in the wind?

The Whistleblowers' Protection Act ("WPA") was enacted in 1980 and requires an action to be filed within 90 days of the occurrence that is the basis of the claim. The elements of a claim are not complicated; to recover, an employee must report or be about to report; verbally or in writing;...

The second most important election for Michigan employers in November

The Presidential election is the most important for employers from the perspective of labor and employment law. The party controlling the White House also will determine the agendas of the EEOC, the NLRB, and the Department of Labor. The significance of the recent actions of the EEOC and the NLRB is...

Fulbright & Jaworski LLP: Summit Petroleum: EPA's Aggregation of Oil and Gas Emissions Based on 'Mere Functional Relatedness' is Unreasonable

A three-judge panel of the U.S. Court of Appeals for the Sixth Circuit* in Summit Petroleum Corporation v. U.S. Environmental Protection Agency (Nos. 09-4348; 10-4572) [ enhanced version available to lexis.com subscribers ] vacated EPA's order aggregating Summit's sour gas wells and sweetening...

DREAMERS Challenge Michigan’s Policy Denying Driver Licenses: Lawsuit Filed

"Three young immigrants and One Michigan, a youth-led organization that advocates on behalf of immigrants, filed a lawsuit today challenging the state’s policy of denying driver’s licenses to immigrant youth whom the federal government has allowed to stay and work in the country. Plaintiff...

U.S. EPA Creates Uncertainty in Appalachia with Air Quality Permitting Memorandum

By Armando F. Benincasa In the face of the Sixth Circuit Court of Appeals decision in late 2012 which struck down United States Environmental Protection Agency's (USEPA) use of "functional relatedness" in determining whether sources of air emissions should be aggregated for purposes...

Michigan Will Issue Driver Licenses to DACA Grantees

"The Michigan Department of State – in light of a recent reversal by federal officials on whether Deferred Action for Childhood Arrivals participants are lawfully present – is now required to issue those participants driver’s license and identification cards, the department announced...

Whistleblowing in Michigan: the Michigan Supreme Court Goes on the Record

To say that employees have had a difficult time in pursuing claims under the Michigan Whistleblowers' Protection Act would be an understatement. I did an article on the court of appeals' decisions, the vast majority of which are unpublished, and found that from 2011 to present, the court...

Excerpts from the March 1, 2013, Bender's Immigration Bulletin

Supreme Court: Padilla Did Not Create New Rule: No Retroactive Application to Cases on Collateral Review On February 20, the Supreme Court announced its decision in Chaidez v. United States. The majority of the Court held that the decision in Padilla v. Kentucky, 559 U.S. 356, is not retroactive for...

Immigrant Detained on Purpose to Learn Stories

"Claudia Muñoz Castellano knew the risk she was taking as an undocumented immigrant when she tried to cross the U.S.-Canadian border last month at a checkpoint on the Ambassador Bridge. That's because being caught was part of her plan. Muñoz Castellano, 28, who lives near Houston...

Matter of V-X-, 26 I&N Dec. 147 (BIA 2013)

(1) A grant of asylum is not an “admission” to the United States under section 101(a)(13)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(13)(A) (2006). (2) When termination of an alien’s asylum status occurs in conjunction with removal proceedings pursuant to...

Legal Foundation: Supreme Court Must Reverse Appeals Court Equal Protection Ruling

DENVER ­­- A western nonprofit, public-interest legal foundation on July 1 urged the Supreme Court of the United States to reverse a ruling by the U.S. Court of Appeals for the Sixth Circuit invalidating a voter-approved ballot initiative barring discrimination by the State of Michigan on the...

Tuition Equality Victory in Michigan

"The University of Michigan on Thursday decided to let immigrants living in the country illegally pay lower, in-state tuition, a victory for activists who said one of the nation’s most prestigious schools is financially out of a reach for high school graduates living in the state without legal...

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Take My Word for It...Not in Michigan

Can a plaintiff survive summary disposition in a case under the Michigan Whistleblowers' Protection Act where the only evidence to support his claim is his deposition testimony that the company told him in a meeting his protected activity was the reason for his termination? The Michigan Supreme Court...

State Net Capitol Journal: Kentucky, Michigan, West Virginia Will Benefit Most From ACA

Residents of Kentucky, Michigan and West Virginia will benefit more from the Affordable Care Act than those of any other state, according to a study by the Robert Wood Johnson Foundation. Eighty-one percent of currently uninsured residents of those three states will receive some sort of financial assistance...

Employment at Will in Michigan's Public Sector

The University of Michigan was sued for discrimination based on sexual preference by a law professor who was denied tenure. The claim for breach of breach of an implied contract was based in part on the university's policy statements concerning non discrimination. The university raised then abandoned...

Easing the Guidance Document Dilemma Agency by Agency: Immigration Law and Not Really Binding Rules

"Immigration law relies on rules that bind effectively, but not legally, to adjudicate millions of applications for immigration benefits every year. This article provides a blueprint for immigration law to improve its use of these practically binding rules, often called guidance documents. The agency...

CA6 on Binding Concession by Attorney, CIMT: Hanna v. Holder

"[W]e grant Hanna’s petition for review, reverse the BIA’s holding that Hanna’s admission is binding, and relieve Hanna of his attorney’s concession of removability. Because the BIA’s determination that Hanna is removable is predicated on this concession, we reverse...

Split 6th Circuit: Michigan Drug Shield Law Does Not Apply To Fentanyl Patch

CINCINNATI — (Mealey’s) A split Sixth Circuit U.S. Court of Appeals on Jan. 21 reversed dismissal of a fentanyl patch overdose lawsuit, saying the trial court needs to determine whether the patch is a combination product that is not preempted by Michigan’s drug preemption law ( Beth...

Michigan Governor Seeks Visas to Lure Skilled Immigrants to Detroit

"Michigan Gov. Rick Snyder asked the federal government Thursday to set aside thousands of work visas for highly skilled immigrants willing to live and work in the bankrupt city of Detroit for five years. "Let's send a message to the entire world: Detroit, Michigan, is open to the world...

Michigan Federal Judge Is 6th To Strike Down Prohibition On Same-Sex Marriage In Wake Of United States v. Windsor

On March 21, Senior U.S. District Judge Bernard A. Friedman of the U.S. District Court for the Eastern District of Michigan struck down MCLS Const. Art. I, § 25 , an amendment to the Michigan Constitution prohibiting same-sex marriage, Deboer v. Snyder, 2014 U.S. Dist. LEXIS 37274 ( E.D. Mich. Mar...

MALDEF SUES MICHIGAN COMPANIES FOR IMMIGRATION FRAUD AND LABOR VIOLATIONS

"MALDEF filed suit in federal court in the Eastern District of Michigan against Systems USA Inc. and Systems USA Consulting LLC for violating the Racketeering Influenced and Corrupt Organizations Act (RICO), the Trafficking Victims Protection Act (TVPA), the Fair Labor Standards Act (FLSA), and...