Edward J. Higgins

Edward J. Higgins has extensive experience in the areas of product liability, trucking and transportation liability, motor vehicle negligence, toxic torts, fire loss litigation, labor and employment litigation, premises liability and commercial litigation. He currently represents several major national and international corporations in matters filed in the state of Michigan.

Mr. Higgins is an active member of the firm’s Shareholder, Mentoring and Associate Retention Committees. He also serves as an editor and frequent author of the firm’s electronic Rapid Reports, through which Plunkett Cooney keeps its clients updated on developments in Michigan law.

Mr. Higgins is a graduate of Oakland University and a magna cum laude graduate of the Detroit College of Law, where he served two terms as a managing editor for the Detroit College of Law Review.

Representative Client Work

• Represents international hotel and restaurant chains in all aspects of Michigan litigation since 1994, including dram shop/liquor liability, premises liability and food poisoning claims
• Successfully defended a dram shop action, in which the plaintiff suffered extensive injuries in a motor vehicle accident driven by an individual claiming he was served alcohol by the defendant restaurant prior to the accident. The case was dismissed when the defense investigation revealed the plaintiff had signed a settlement agreement with the first-party no-fault insurer, globally releasing any and all individuals or entities, whether or not they were party to the first-party action that was being settled.
• Represents national and international transportation companies
• Represents manufacturers of cosmetics and personal care products
• Represents national and international manufacturers of home electronics
• Represents manufacturers and distributors of construction equipment
• Represents manufacturers of exercise and fitness equipment
• Represents health and fitness clubs
• Represents major retail chains

PUBLICATIONS AND LECTURES

• “It Just Keeps Going and Going and Going:  The Post-Sale Duty to Warn,” Author, Product Liability Perspectives, ALFA International, Fall 2005
• “Caps on Damages: The ‘Lay of the Land,’” Author, RiskVue, March 2005
• “Caps on Damages: The ‘Lay of the Land,’” Author, Product Liability Perspectives, ALFA International, Fall 2004
• “The Effects of Weather on Liability,” Panel Guest, Due Process Television Show, WDIV – Channel 4 (Detroit), February, 2002
• “Test Trials: An Anecdotal View” (Mock Trial Presentation), Lecturer, Michigan Adjusters Association Seminar, October, 2001
• “Gone But Not Forgotten: Manufacturers’ Post-Sale Duties to Warn or Recall,” Author, Michigan Bar Journal, June, 1999
• “Manufacturers’ Post Sale Conduct: Is There a Continuing Duty to Warn and/or a Common Law Duty to Recall,” Author, International Legal Strategy, May, 1997 (published in Japanese)
• “So Much Quo for So Little Quid: Time for Michigan to Re-examine the Intentional Tort Exception to Workers’ Compensation Exclusivity,” Comment, Detroit College of Law Review, Volume 1992, Issue I

PROFESSIONAL AFFILIATIONS

• Detroit Metropolitan Bar Association (Circuit Court Committee)
• Oakland County Bar Association (Negligence Law Committee)
• State Bar of Michigan (Negligence Law Section)
• Michigan Defense Trial Counsel
• Defense Research Institute
• American Bar Association (Tort and Insurance Practice Section: Products, General Liability and Consumer Law Committee, and Commercial Transportation Committee)

Publications

• No-Fault Threshold Assessment of Plaintiff's Pre-accident Lifestyle may Require Consideration of Lifestyle Prior to Pre-existing Disability
• Plaintiff Must Identify a Specific Manufacturing Defect Involved in an Implied Warranty Claim
• Court of Appeals Addresses No-Fault Threshold Issues Relating to Closed Head Injuries and Permanent Serious Disfigurement
• Court of Appeals Addresses No-Fault Threshold Issues Relating to Closed Head Injuries and Permanent Serious Disfigurement
• No Fault Attorneys Fees Not Considered Part of Verdict Amount When Determining Sanctions
• No Fault Attorneys Fees Not Considered Part of Verdict Amount When Determining Sanctions