Litigation Blog

Michigan Governor Signs Executive Order Cutting Red Tape for Motor Carriers During the COVID-19 Pandemic

Michigan Governor Gretchen Whitmer signed an Executive Order on April 8, 2020, related to the COVID-19 (or “coronavirus”) pandemic to relax transportation regulations. The Order provides that certain requirements administered by the Department of Transportation (“DOT”) are temporarily suspended and must not be enforced for motor carriers providing “critical assistance related to the COVID-19 pandemic during the declared states of emergency and disaster.” This includes: More »

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EMAIL TAGS: Transportation

COVID-19 and Families First

Coauthored by: Matin Fallahi, Law Clerk

In response to the recent COVID-19 pandemic, which has caused economic distress in a short period of time, the United States House of Representatives passed the Families First Coronavirus Response Act (“FFCRA”). After approval from the Senate, the President officially signed the act on Wednesday March 18, 2020. This Act and its long-term impacts are just as unknown as the virus itself.

The legislation provides free coronavirus testing and paid emergency leave for those diagnosed with COVID-19 or those caring for a family member with the virus. The FFCRA applies to any employer with less than 500 employees in hopes to help mitigate the impact of the pandemic in the United States while also providing a sense of hope and security for employees. As such, the Act will largely impact small to medium businesses who previously did not have to provide paid leave under the Family Medical Leave Act (“FMLA”). More »

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TRANSPORTATION LAW CLIENT ALERT: City of Detroit Mayor Mike Duggan’s Lawsuit Challenging the Michigan No-Fault Act’s Constitutionality Gains Traction

As many are aware, City of Detroit Mayor Mike Duggan, along with several other handpicked plaintiffs, filed suit challenging the constitutionality of Michigan’s No-Fault Insurance Act. The lawsuit is premised on Mayor Duggan’s belief that the No-Fault Act violates procedural and substantive due process under both the Michigan and United States Constitution. No-Fault insurance is mandatory for the lawful registration and operation of a motor vehicle and the Plaintiffs believe they possess a constitutional right to fair, equitable, and reasonable insurance premiums, which they allege are not currently available in the City of Detroit. More »

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EMAIL TAGS: Transportation

TRANSPORTATION LAW CLIENT ALERT: The Supreme Court’s Decision in New Prime v. Oliveira

Transportation companies frequently rely on independent contractor agreements with owner-operators to conduct many essential logistics operations. “Owner-operators” are self-employed and independently contract with large companies to haul goods across the country. This relationship can produce disputes between the owner-operator and transportation company. For example, when a load is not delivered on time or goods are damaged in the delivery process, transportation companies may seek to hold the owner-operator liable. In anticipation of these disputes, owner-operators almost routinely sign arbitration agreements as a part of their independent contractor agreements with transportation companies. However, when the issues between transportation companies and owner-operators pertain to wage and hour claims or other employment concerns, the recent Supreme Court decision in New Prime v Oliveira may have them changing course. More »

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EMAIL TAGS: Employment Litigation & Counseling, Transportation