Western Michigan Federal Courts
Posts Categorized Procedural Issues
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Platinum Sports Shoots Air Ball; Sixth Circuit Dismisses Action Against Governor Snyder and Attorney General Schuette for Lack of Standing
May 15, 2013In 2011, the Michigan legislature enacted laws barring sexually oriented businesses from displaying signs on premises, or off-site billboards, that contain more than "words or numbers." See MCL §§ 125.2833 and 252.318a. Platinum Sports, a business affected by the legislation,… Read More » -
Court Reaffirms that Motions to Dismiss Must Be Based on Information Expressly Included in the Complaint
February 14, 2013In Mahindra Forgings Ltd. v. Bentler Automotive Corp., Bentler moved to dismiss an amended complaint based on expiration of the statute of limitations. Bentler's argument was that because the complaint generally referenced e-mails exchanged between the parties, the substance of those e-mails became part of the complaint for purposes of deciding a motion to dismiss under Fed. R. Civ. P. 12(b)(6). Bentler asserted that those e-mails demonstrated that Mahindra's complaint was time-barred.
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Home-Field (Venue) Advantage: Being the First-to-File Does Not Always Win the Race
November 19, 2012In Van Andel Institute v. Thorne Research, Judge Bell denied Thorne Research's motion to transfer venue to the District of Idaho because the first-to-file rule did not apply and also the District of Idaho would not be a more convenient venue for the lawsuit.
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Online Retailer Not Subject to Personal Jurisdiction in Michigan
September 28, 2012The mere fact that Michigan residents are able to access an online retailer's website is not enough to subject the retailer to personal jurisdiction in Michigan courts according to the recent decision in Impulsaria, LLC v. United Distribution… Read More » -
Bay Mills Indian Community Gets Green Light to Reopen Vanderbilt Casino
August 15, 2012A court order that had temporarily closed the Bay Mills Indian Community's casino in Vanderbilt, Michigan, is no more, according to an opinion released Wednesday by the U.S. Court of Appeals for the Sixth Circuit.
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Opinion Discusses Appropriateness of Sealing Complaints
April 19, 2012In Encana Oil & Gas (USA), Inc. v. Zaremba Family Farms, Inc., (1:12-cv-369), the Honorable Joseph G. Scoville, United States Magistrate Judge, issued an Opinion describing the circumstances under which the Court may properly grant a request to file a sealed complaint. The underlying litigation concerned an alleged breach of a letter of intent concerning the acquisition of mineral rights. Plaintiff asked that the complaint be filed under seal, citing the confidential terms of the letter of intent and the potential harm that disclosure would have on its competitive standing.
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