CMDA Law Blogs

Attorneys Attending MACP Mid-Winter Conference Feb. 4-5, 2015

Attorneys Ethan Vinson, Andrew Brege, and Allan C. Vander Laan are attending the Michigan Association of Chiefs of Police Mid-Winter Conference on February 4-5, 2015.  If you are attending the conference, stop by booth #75 to learn more about CMDA’s legal services.  We hope to see you there.

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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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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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#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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The Failure of Public Act 222: Sewer Backup Legislation

In 2001 the State of Michigan enacted Public Act 222 (MCL 691.1416 seq.) to provide a statutory exception to governmental immunity for sanitary sewer backups onto real property. Prior to Act 222, the legal theory used by plaintiffs to recover for sewer backup events was the Trespass-Nuisance exception. That common law action carried strict liability for property damages upon a simple showing that sewage or water in a basement came […]

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Advantages of Intergovernmental Agreements for Municipal Services and Programs

Many municipalities throughout Michigan are still reeling from the affects decreased housing values have had on tax revenues. Counties, Cities, Townships and Villages have all been forced to adjust budgets and, in many situations, cut back on services provided to residents. One of the few good things that have resulted is the increased intergovernmental cooperation in providing services. Many municipalities are entering into intergovernmental agreements between two or more entities […]

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Attorney Jim Acho Nominated to Run for Executive Director of NFL Players Association

On Saturday January 3, 2015, Jim Acho, a senior attorney in our Livonia office, received a letter signed by numerous retired NFL players, including Hall of Famers, informing him that he was their nominee to challenge DeMaurice Smith for the NFL Players Association Executive Director position. A conference call followed and, with time of the essence, Acho accepted within 24 hours and declared his candidacy to the Executive Committee of […]

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Court Rules: Electrical Inspector’s Actions Not Cause of Plaintiffs’ Injuries

Gregory R. Grant, an attorney in the Firm’s Traverse City office, obtained dismissals of two cases on behalf of a Northern Michigan County building official and electrical inspector.  In June 2011, the decedent, a 17-year-old male, and his friend were walking along a floating dock at a busy City-owned marina.  The decedent jumped off the dock and into the marina water and was immediately electrocuted.  His best friend, and plaintiff […]

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