In Whittaker v Oakland County Sherriff, unpublished decision of the Court of Appeals dated Nov. 22, 2016 (Docket No. 329545), plaintiff filed suit alleging violation of the Freedom of Information Act (FOIA).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 […]

In the case of Richardson v Wal-Mart Stores, Inc., the United States Court of Appeals for the Sixth Circuit, which includes the state of Michigan, interpreted, clarified and enlarged the defendant employer’s defense to a claim of age discrimination under the Elliott-Larsen Civil Rights Act. The Court of Appeals confirmed that the 62-year old plaintiff, Richardson, failed to offer either direct or indirect evidence that her job was terminated based […]

Businesses and public entities who routinely utilize their website to conduct business should be aware that there has been a steady increase in the number of lawsuits filed by disabled customers who cannot access websites.  The complaints have ranged from websites that could not be navigated without a mouse, websites disabling or otherwise making it difficult for accessibility software on the site visitor’s own computer to make full use of […]

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 […]

Jim Acho, a partner in our Livonia office represents more than former Detroit Lions and ex-UM players. In fact, he represents more ex-Ohio State players than any other school and has handled matters for six former OSU All-Americans, ranging from contracts, employment agreements, to litigation. Tom Skladany, 3 time All American at OSU (1974-76) and a former President of the NFL Alumni Association as well as Ohio State Football Alumni […]

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, […]

We are pleased to announce that Matt Cross has joined our Firm as an attorney in our Traverse City office. He focuses his practice in the areas of insurance defense, law enforcement defense and litigation, and municipal law. Mr. Cross has experience handling employment law, personal injury defense, business transaction and municipal issues and has earned dismissals in each of these areas. He received a Juris Doctor degree from Wayne […]

Patrick R. Sturdy is a partner in our Livonia office where he concentrates his practice on education law, intellectual property, business law, and employment and labor law. He may be reached at (734) 261-2400 or psturdy@cmda-law.com. An Overview for Termination Decision Making The following overview should be considered in making the decision to terminate an employee legally defensible. The overview is limited to the information which should be considered during […]

The workplace environment is governed by the Occupational Safety and Health Act (OSHA).  The United States Department of Labor’s Occupational Safety and Health Administration recently issued a final order that will require employers and many high-hazard industries to electronically submit injury and illness data to OSHA.  Such reporting is already required to be tracked, but the reporting aspect of such injury or illness is what is new. The new rule […]

Jim Acho, a partner in our Livonia office, was recently asked to be the keynote speaker at the University of Saint Francis (USF) Men’s Basketball Tip-Off Gala and Auction.  Acho, a graduate from the University of Saint Francis, played for the basketball team from 1990 to 1993 and was the co-captain of the team in 1992 and 1993. During his speech, Acho shared humorous stories about his time at USF […]