Court of Appeals Reaffirms Public Bodies are Under No Obligation to Monitor FOIA Requests Once Denied

In Whittaker v Oakland County Sherriff, unpublished decision of the Court of Appeals dated Nov. 22, 2016 (Docket No. 329545), plaintiff filed suit alleging violation of the Freedom of Information Act (FOIA). On July 27, 2014, officers suspected plaintiff was driving under the influence and pulled him over. On August 20, 2014, prior to charges being filed, plaintiff submitted a FOIA request to defendant seeking all reports, audiotapes, videotapes, laboratory […]

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Municipal Immunity under the Family and Medical Leave Act

The Family and Medical Leave Act (FMLA) was enacted, in part, “to balance the demands of the workplace with the needs of families…in a manner that accommodates the legitimate interests of employers…” 29 USC 2601(b). The Act entitles eligible employees to take leave: (A) Because of the birth of a son or daughter of the employee and in order to care for such son or daughter. (B) Because of the placement of […]

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Legal Update: Implications of the Recently Enacted Medical Marihuana Facilities Licensing Act on Municipalities

With the recent legalization of recreational marihuana in Massachusetts, Maine, Nevada and California, the total number of states in which recreational marihuana use is legal stands at eight. Twenty states have legalized marihuana for medicinal use. While nationwide legalization is far from a foregone conclusion, with over half of the country legalizing marihuana use in some form the marihuana industry is poised to be the next big growth industry. However, […]

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