Effect Of A Change In The Law On Appeal

On occasion, a development in the law while a case is pending on appeal may present an additional argument to raise. Although the general rule is that an appellant cannot raise issues for the first time on appeal, Michigan and federal courts have recognized an exception for changes in the law.

As a general matter, an issue that is not preserved in the trial court will not be considered on appeal.1 As the Michigan Supreme Court […]

By | Jul 05, 2022 ||

Eleventh Circuit Limits Reach Of OSHA’s ‘HazWoper’ Standard

The United States Court of Appeals for the Eleventh Circuit issued a decision limiting the reach of the emergency response provisions of 29 C.F.R. § 1910.120, the Occupational Safety and Health Administration’s (OSHA) Hazardous Waste Operations and Emergency Response Standard—the so-called “HazWoper” (or “HAZWOPER”) standard. The decision is U.S. Department of Labor v. Tampa Electric Co.
Background
Tampa Electric Co. uses ammonia in the operation of its electric power plant. The plant was designed and built so […]

By | Jul 03, 2022 ||

Court Of Appeal Holds No-Project Alternative Analysis May Mean More

A jury convicted Defendant of tax fraud after he underreported his cash income from two of his pharmacies. Defendant argued on appeal that the affidavit in support of his search warrant was defective because it contained material omissions and misstatements made in reckless disregard for the truth. This, he claimed, misled the magistrate court in executing the warrant.
Holding
The Court affirmed the district court’s denial of Defendant’s request for review of the search warrant. For […]

By | Jul 01, 2022 ||