CMDA Law Blogs

Public and Private Employers Subject to 50 Employee Threshold Under the FMLA: Does Unconditional Language in Employee Manual Create a Jury Question?

Both private and public employers are subject to the Family Medical Leave Act (FMLA), which allows eligible employees to take up to 12 weeks of unpaid leave from their employment if they meet certain statutory requirements (employed for at least 12 months, and worked 1250 hours within the preceding 12 months). The FMLA defines a “covered employer” as being “any person engaged in commerce or in any industry or activity […]

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The Michigan No-Fault Law: An Explanation of Your Rights When an Accident Occurs

Michigan’s No-Fault Law was designed to take care of certain financial needs of an injured person or injury party when the injury occurs during the ownership, operation, or maintenance of an automobile accident regardless of who caused the injury. These financial losses, more commonly referred to as economic losses, can arise not only in the traditional sense when one is driving or riding in a motor vehicle, but also when […]

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Automobile Accident Report Form: Steps to Take if you are Involved in an Accident

If an accident occurs: Try to remain calm and thoughtful. If you or anyone in your car is injured, stay in the car unless there is danger of fire or another accident. Use your cell phone to get help from the police and medical personnel. Avoid making statements about responsibility to other drivers, witnesses, the police or insurance representatives without talking to your own insurance representative. Assist the police with […]

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Do You Have Appropriate Motor Vehicle Coverage?

Since 1972 Michigan has operated under a no-fault law for accidents that occur involving the use, operation, or maintenance of a motor vehicle. This article explains the no-fault law, along with some tips to ensure you have appropriate motor vehicle coverage. When you purchase automobile insurance you obtain certain minimum, standard coverages. If you do not buy motor vehicle insurance for a vehicle you own and are injured while driving […]

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Determining Coverage Under the Michigan No-Fault System

The Michigan No-Fault system provides two mechanisms of recovery when a person is injured in a motor vehicle accident. First party benefits provide the claimant with medical expenses, wage loss, replacement services and, in the case of death, survivors’ loss benefits. Meanwhile, third party benefits provide the claimant with compensation for pain and suffering. The focus of this article is on first party benefits only. With regard to first party […]

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Dear Colleague Letter Issued Regarding Third-Party Servicer Institutional Requirements and Responsibilities

On January 9, 2015, the U.S. Department of Education issued a Dear Colleague Letter providing guidance to institutions that contract with third-party servicers to administer any aspect of the institution’s participation in Title IV student services programs. Title IV of the Higher Education Act and related regulations require these institutions to report the names of any individual or entity that performs for, or on behalf of, the institution any of […]

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Education and Title IX

Title IX of the Education Amendments of 1972 (Title IX) and the U.S. Department of Education implemented regulations that prohibit discrimination on the basis of gender in federally assisted education programs and activities. Title IX protects students in connection with all of the academic, educational, extra-curricular, athletic, and other programs of a college, whether they take place in the facilities of the college or at a class or training program […]

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#Socialmedia #Police

Whether you use it or not, we all know the impact that social media has had on today’s society. What you may not know is how police have been using social media to perform their job. Police departments across the country have been turning to social media, including Twitter, Facebook, and Instagram, to improve their reputation within communities, apprehend fugitives, and even investigate criminal acts. However, some use of social […]

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How College Disability Services Differ from K-12 Special Education Services

Students with disabilities are entitled to accommodations in school, whether it is K-12 (public) or post-secondary education. The nature and delivery of those services, however, differ greatly between K-12 and college. Laws That Impact All Students: IDEA The Individuals with Disabilities Education Act (IDEA) is a federal law governing special education service delivery for students aged 3-21 or until high school graduation. An educational team develops the Individualized Education Plan […]

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Service Dogs Expected to take on Expanded Role in Public Places

Recently, a Southern California school district settled a case brought in the Federal District Court where a minor plaintiff sought to enjoin the school district from denying his service dog access to the classroom.  The minor plaintiff was not visually or otherwise impaired, but diagnosed with a form of autism.  The school district objected to having the dog in the classroom after learning of several persons who had allergies to dogs.  It also […]

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