Detroit Business and Insurance Defense Law Blog

Toys R Us is slated to ask a state court to reverse a five-year-old ruling that called for it to hand over $20 million to the family of a 29-year-old woman who died after using an inflatable pool slide sold by the company. The woman suffered fatal injuries when the slide collapsed, causing her to strike her head against a concrete deck. Her family sued Toys R Us, arguing that they failed to comply with federal safety rules.

According to the Michigan-based Detroit Free Press, Toys R Us contends that the family's product liability lawsuit and subsequent award was based on a regulation that does not apply to inflatable pool slides, but rather rigid slides. Additionally, the toy retailer asserts that the plaintiffs wrongfully inflamed the jury by claiming that it imported and marketed an "illegal" product, despite the fact that Toys R Us sold the slide having received a certification confirming the slide's accordance with all pursuant safety regulations.

A Michigan man faces a lawsuit from popular Michigan restaurant chain, Halo Burger, after he refused to stop using and relinquish his "@haloburger" Twitter user name. The man, who claims to be a fan of the restaurant, reportedly adopted the online handle in 2009. Halo Burger contends it was forced to pursue liability after the man said he would not hand over the handle without payment. The lawsuit asserts that the man "squatted the Halo Burger name" on Twitter with the intent to extort money from the business.

According to the man's attorney, Twitter registers user names on a "first-come, first--served basis," meaning that his client did not act wrongfully in securing the handle. He noted that his client's Twitter profile states that it is not associated with Halo Burger and says the man has not attempted to use the name to claim he is associated with the business or the source of its services and goods. The attorney contends that such behavior would be required to prove claims of unfair competition or trademark infringement.

A Michigan-based start-up service aimed at increasing agriculture productivity is quickly attracting clients just months after it was launched. Two Michigan men, 23 and 24, started the company after graduating from college in 2011 and living for several months in Silicon Valley in 2012. The pair launched FarmLogs, a set of digital tools designed to help farmers manage their businesses, after relocating to Michigan. The business already has paying customers on six continents and $1 million from investors like Detroit's First Step Fund and Ann Arbor's Huron River Ventures.

The men say they decided to start FarmLogs after they noticed local farmers did not have access to technology that could help them better operate their businesses. One of the company's cofounders stated that most people were still keeping their records on papers and spreadsheets and they realized that their backgrounds put them in the perfect position to help them.

A planned movie and dinner business will be allowed to move forward with its efforts to secure the special form of liquor license it needs to open in Michigan after the Kalamazoo City Commission unanimously approved its request, allowing the company to petition the Michigan Liquor Control Commission for the license. The firm filing the petition, which has locations in seven other states, would remodel an existing movie theater in order to add the facilities and staff needed to serve meals to patrons before and after films. The theater's operators say their business model has found success in a number of markets and is likely to do so again in downtown Kalamazoo.

Liquor licensing laws in Michigan can be quite complex, making the expert advice of a qualified attorney invaluable. For instance, municipalities in the state typically face quotas dictating the number of liquor licenses they can issue to local businesses, though the LCC sometimes awards additional licenses if they believe they will increase the quality of life for their communities. Officials say Kalamazoo is running out of the Class C liquor licenses the theater would need to open, with a number of licenses not in use despite being held by various owners, prompting the company to seek a special license from the LCC.