Publications: Plunkett Cooney, Law Firm, Michigan, Ohio and Indiana Attorneys

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August 31, 2009

It May Be Time to Amend Your ERISA Plan

Rapid Report
Practice Areas: Labor & Employment Law
Claudia D. Orr

August 24, 2009

Indiana Supreme Court Confirms Rebuttable Presumption of Prejudice to Insurer Arises From Defense of “Late Notice,” Denial of Coverage on Other Bases Does Not Rebut Presumption

Publication
Practice Areas: Insurance Law
Kenneth C. Newa, Patrick E. Winters

August 24, 2009

Indiana Supreme Court Confirms Rebuttable Presumption of Prejudice to Insurer Arises From Defense of “Late Notice,” Denial of Coverage on Other Bases Does Not Rebut Presumption

Publication
Practice Areas: Insurance Law
Kenneth C. Newa, Patrick E. Winters

August 17, 2009

Timely, yet Defective NOI Tolls Statute in Medical Malpractice Cases

Rapid Report
Practice Areas: Medical Liability
Paul J. Dwaihy

August 5, 2009

Supreme Court Rules Household Services Constitute Economic Loss

Rapid Report
Practice Areas: Medical Liability
Paul J. Dwaihy

August 4, 2009

Three Steps to Immediately Reduce Healthcare Compliance Exposure

Publication
Practice Areas: Healthcare Law
Mark S. Kopson

August 1, 2009

Survey of Recent Developments in Michigan Construction Law

Publication: As published in the August 2009 issue of CAM Magazine
Practice Areas: Construction Law, Construction Site Accidents, Contractors’ Legal Issues, OSHA/MIOSHA Issues
Richard J. Rozycki

July 27, 2009

Will the 2009 Michigan Supreme Court ‘New Majority’ Continue to Challenge Prior Rulings?

Rapid Report
Practice Areas: First Party No Fault Litigation (PIP), Motor Vehicle - No Fault
William J. Lynch

July 10, 2009

Firefighter Promotional Exam Makes Grade Under Title VII Despite Statistical Disparate Impact on Minority Firefighters

Rapid Report
Practice Areas: Labor & Employment Law
Randal M. Brown, Kenneth L. Lewis

June 17, 2009

Federal Wage Law prohibits recouping amounts overpaid to exempt employees under bonus plan

Publication
Practice Areas: Labor & Employment Law
Claudia D. Orr

June 17, 2009

Sixth Circuit Reverses Prior Decision and Narrows Those who are Protected From Retaliation Under Title VII

Publication
Practice Areas: Labor & Employment Law
Claudia D. Orr

June 3, 2009

Refusing to Hire Ex-Cons and Poor Credit Risks can Violate Federal Law

Publication
Practice Areas: Labor & Employment Law
Claudia D. Orr

May 27, 2009

Sixth Circuit’s Definition of 'Accrued Benefit' Favors Pension Plans

Rapid Report
Practice Areas: Labor & Employment Law
Claudia D. Orr

May 6, 2009

Indiana Supreme Court Precludes Recovery of Pre-Tender Defense Costs, Clarifies Insurer’s Duty to Defend

Rapid Report
Practice Areas: Insurance Law
David A. Dworetsky, Jeffrey C. Gerish, Kenneth C. Newa

April 28, 2009

Community Health Rules Leave Employers in Haze Over Medical Use of Marijuana

Publication
Practice Areas: Labor & Employment Law
Claudia D. Orr

April 11, 2009

Never Say Never

CMS extends ‘Never Event’ non-payment policy to Physician services
Publication
Practice Areas: Healthcare Law
Mark S. Kopson

April 10, 2009

Appellate Court Rules Psychologist’s Testimony May be Used in Proving Closed-head Injuries

Rapid Report
Practice Areas: General Litigation, Motor Vehicle - No Fault, Motor Vehicle Negligence, Trucking & Transportation
Michael K. Sheehy

April 9, 2009

Michigan House Passes “Kreiner Fix” - Amendment Would Lower Third Party Threshold

Publication
Practice Areas: Motor Vehicle - No Fault, Motor Vehicle Negligence
Mary Catherine Rentz

March 31, 2009

Sixth Circuit (Kentucky Law) Requires Excess Insurer to Establish that Late Notice Caused Actual Prejudice

Publication
Practice Areas: Insurance Law
Stephen P. Brown, Patrick E. Winters

March 26, 2009

Appellate Court Panel Denies PIP Benefits to Claimant in Unlawful 'Use' of Car Case

Rapid Report: Rapid Report
Practice Areas: First Party No Fault Litigation (PIP), Motor Vehicle - No Fault
William J. Lynch

March 11, 2009

Federal Stimulus Law Provides Premium Assistance For Cobra Continuation Coverage

Rapid Report
Practice Areas: Labor & Employment Law
Claudia D. Orr

March 10, 2009

New FMLA Regulations Now in Effect

Publication
Practice Areas: Labor & Employment Law
Gary W. Francis

February 26, 2009

Federal stimulus law beefs up HIPAA penalties, extends compliance requirements to ‘business associates’

Rapid Report
Practice Areas: Administrative & Regulatory Law, Healthcare Law
Seymour M. Nayer

February 11, 2009

Federal Appellate Court Applies Stark and Anti-Kickback Laws to Anesthesiologists’ Exclusive Contract and Pain Management Arrangements

Rapid Report
Practice Areas: Healthcare Law, Medical Liability
Mark S. Kopson

February 4, 2009

Lilly Ledbetter Fair Pay Act Retroactively Reverses Supreme Court Decision

Rapid Report
Practice Areas: Labor & Employment Law, Labor & Employment Law
Claudia D. Orr

January 23, 2009

Court Clarifies Qualified Immunity for Public Employees in Intentional Tort Cases

Rapid Report
Practice Areas: Direct Representation of Municipalities, Municipal Law
Randal M. Brown, Kenneth L. Lewis

January 21, 2009

Supreme Court Strikes Down Requirement That First Party No-Fault Insurers Must Try to Reconcile Conflicting Medical Opinions to Avoid Award of Attorney Fees

Rapid Report
Practice Areas: Motor Vehicle - No Fault
Edward J. Higgins

January 20, 2009

Ohio Appellate Court Holds Insurer Entitled to Contribution From Other Insurers Under ‘All Sums’ Jurisdiction, Despite Insured’s Late Notice

Rapid Report
Practice Areas: Insurance Law
Charles W. Browning, Kenneth C. Newa, Danielle Perez

January 16, 2009

State Amends Unemployment Security Act

Rapid Report
Practice Areas: Labor & Employment Law
Claudia D. Orr

January 15, 2009

Asbestos Coverage Held Exhausted After Federal Court Applies De Facto Merger Doctrine

Rapid Report
Practice Areas: Insurance Law
Charles W. Browning, Kenneth C. Newa

January 5, 2009

Sixth Circuit rules Michigan No-Fault Act’s Closed-Head Injury provision not applicable to avoid summary judgment on threshold in federal court actions

Rapid Report
Practice Areas: Motor Vehicle - No Fault, Motor Vehicle Negligence
Edward J. Higgins

December 19, 2008

Appellate Court Allows Ex Parte Meetings with Qualified Protective Orders

Rapid Report
Practice Areas: Medical Liability

December 10, 2008

Employee Handbooks: A Prescription For a Healthy Workplace

Publication: As published in the November issue of M.D. News
Practice Areas: Healthcare Law, Labor & Employment Law
Gary W. Francis

December 8, 2008

Economic Downturn Not a Defense to Alleged Violations of Michigan’s Builders Trust Fund Act

Publication: Sticks & Bricks
Practice Areas: Construction Law
George A. Netschke

December 8, 2008

Feds Move to Extend ’Never Event‘ Nonpayment Rules Beyond Inpatient Hospital Services

Rapid Report
Practice Areas: Healthcare Law
Mark S. Kopson

December 8, 2008

Michigan Supreme Court Reinforces Contractual Indemnity Rights

Publication
Practice Areas: Construction Law
Richard J. Rozycki

November 17, 2008

Location, Location, Location—It Matters in More Than Real Estate

Publication: The Dispatch
Practice Areas: Trucking & Transportation
Randal M. Brown, Ronald A. Weglarz

November 17, 2008

Michigan Court of Appeals Rules Defendant's Medical Records are Privileged and Not Discoverable

Publication: The Dispatch
Practice Areas: Trucking & Transportation
Michael K. Sheehy

November 17, 2008

The ABCs of Motor Vehicle Accident-Negligence Claims In Ohio

Publication: The Dispatch
Practice Areas: Trucking & Transportation
Al A. Mokhtari

November 17, 2008

U.S./Mexico Long-Haul Program Receives 2-Year Extension

Publication: The Dispatch
Practice Areas: Trucking & Transportation

November 3, 2008

Employer May Be Found Liable Under Rico For Its Involvement In Denying Worker’s Disability Compensation Claims

Rapid Report
Practice Areas: Labor & Employment Law
Claudia D. Orr

October 27, 2008

Indiana Supreme Court holds assignment of insurance policy rights invalid due to 'consent to assignment' clause in policy

Rapid Report
Practice Areas: Insurance Law
Charles W. Browning, Kenneth C. Newa, Patrick E. Winters

October 14, 2008

Will Healthcare Providers Soon Wave FTC’s Red Flags?

Rapid Report
Practice Areas: Healthcare Law
James A. Bumbaugh

September 25, 2008

Congress Amends Americans with Disabilities Act

Publication
Practice Areas: Labor & Employment Law
Claudia D. Orr

August 27, 2008

Pay-for-Performance and Provider Performance Ratings – How To Improve Their Impact On Your Bottom Line

Publication
Practice Areas: Healthcare Law
Mark S. Kopson

August 25, 2008

Appellate Court invalidates parents' pre-injury liability waivers for minor children

Rapid Report
Practice Areas: Premises Liability
Edward J. Higgins

August 25, 2008

Why Is This Tenant Different from Other Tenants?

Representing a Tenant with a Kosher Business*
Publication: Probate & Property Magazine
Practice Areas: Banking, Bankruptcy & Creditors' Rights Law
Jack S. Levey

August 12, 2008

Specialty not required for Physician Assistant expert

Rapid Report
Practice Areas: Appellate Law, Medical Liability

August 11, 2008

Supreme Court Defers on Lost Opportunity Doctrine

Rapid Report
Practice Areas: Medical Liability
Robert G. Kamenec

August 5, 2008

Supreme Court rules truck driver’s medical condition may satisfy sudden emergency defense

Rapid Report
Practice Areas: Trucking & Transportation
Michael K. Sheehy

July 22, 2008

Determining bankruptcy status of plaintiff provides advantage for defense

Rapid Report
Practice Areas: Commercial Litigation, General Litigation
Dennis M. Day

July 1, 2008

Supreme Court Clarifies Claims of Disparate Impact Under the Age Discrimination in Employment Act

Rapid Report
Practice Areas: Labor & Employment Law
Claudia D. Orr

June 27, 2008

Court Ruling May Significantly Limit Premises Liability Claims Against Landlords

Rapid Report
Practice Areas: General Litigation, Premises Liability

June 25, 2008

Direct negligence timely under ordinary negligence statute of limitation

Rapid Report
Practice Areas: Medical Liability

June 20, 2008

Court rules ‘Open and Obvious’ Doctrine does not apply to third party auto negligence actions

Rapid Report
Practice Areas: Trucking & Transportation
Michael K. Sheehy

June 12, 2008

Court Upholds No-Fault Act’s $1 Million Property Damage Cap

Publication: The Dispatch
Practice Areas: Trucking & Transportation
Randal M. Brown

June 12, 2008

Debate Over the Federal Mexican Long-Haul Program Intensifies

Publication: The Dispatch
Practice Areas: Trucking & Transportation

June 12, 2008

Prompt Assessment of Cargo Claims can Lead to Reduced Litigation Costs

Publication: The Dispatch
Practice Areas: Trucking & Transportation
Al A. Mokhtari

June 12, 2008

Truck Driver’s Credibility Must be Considered When His Medical Condition Forms the Basis for His Sudden Emergency Defense

Publication: The Dispatch
Practice Areas: Trucking & Transportation

June 1, 2008

Ask The Expert- Be Careful with E-Mail and Voice Mail

Publication: CREW Columbus Summer Newsletter 2008
Practice Areas: Business Enterprises Law, Real Estate Law
Jack S. Levey

May 1, 2008

Court clarifies general contractor's liability for subcontractor injuries

Publication: Sticks & Bricks
Practice Areas: Construction Law
Richard J. Rozycki

May 1, 2008

Notice of Non-party of Fault Remains Sharp Tool for Mitigating Construction Liability

Publication: Sticks & Bricks
Practice Areas: Construction Law
David R. Stechow

April 18, 2008

Federal civil rights law expanded to protect related third parties from retaliation

Rapid Report
Practice Areas: Labor & Employment Law
Claudia D. Orr

April 2, 2008

Post Operative Activities Key to Determining ‘One Most Relevant Specialty’ for Expert Witness Qualification

Rapid Report
Practice Areas: Medical Liability

March 21, 2008

Appellate court holds ‘hitching’ tractor and trailer registration to same state not required

Rapid Report
Practice Areas: Trucking & Transportation
Michael K. Sheehy

March 5, 2008

Commercial Property owners must act now on decreasing assessments to cut tax bill

Rapid Report
Practice Areas: Real Estate Law
Randall R. Hall

February 27, 2008

Appeals Court Rules employee complaint to customer is a protected activity under federal labor Law

Rapid Report
Practice Areas: Labor & Employment Law
Claudia D. Orr

February 19, 2008

Court Rules 'Employer’s' Insurer Must Pay PIP Benefits When Owner-Operator Injured While Operating Leased Truck

Publication
Practice Areas: Trucking & Transportation
Mary Catherine Rentz

February 19, 2008

Mexican Long-Haul Program Moves Forward despite staunch opposition

Publication
Practice Areas: Trucking & Transportation

February 19, 2008

Ohio Employers' Liability for Actions of Employees and Independent Contractors

Publication: Plunkett Cooney's Trucking & Transportation Newsletter
Practice Areas: Trucking & Transportation
Al A. Mokhtari

February 19, 2008

Wayne County Explores Potential Business Boon With Aerotropolis

Publication: Plunkett Cooney's Trucking & Transportation Newsletter
Practice Areas: Trucking & Transportation
Randal M. Brown

January 30, 2008

President Signs Amendment to Family and Medical Leave Act

Rapid Report
Practice Areas: Labor & Employment Law
Claudia D. Orr

January 11, 2008

No-Fault Threshold Assessment of Plaintiff's Pre-accident Lifestyle may Require Consideration of Lifestyle Prior to Pre-existing Disability

Rapid Report
Practice Areas: First Party No Fault Litigation (PIP), Motor Vehicle - No Fault, Motor Vehicle Negligence
Edward J. Higgins

December 18, 2007

Personal Auto ‘Business-Use’ Exclusion Trumps Michigan’s No-Fault Law

Rapid Report
Practice Areas: Insurance Law

December 17, 2007

New OSHA Rule Requires Employeers to Purchase Personal Protection Equipment for Employees

Rapid Report
Practice Areas: Labor & Employment Law
Claudia D. Orr

December 3, 2007

Fifth Circuit Upholds Homeowner’s Policy Exclusions Barring Coverage for Concurrent Water and Wind Damage Due to Hurricane Katrina

Rapid Report
Practice Areas: Insurance Law
Charles W. Browning, Danielle Perez

November 5, 2007

Sixth Circuit Court Denies Employee's Religious Accomodation and Discrimination Claims

Rapid Report
Practice Areas: Labor & Employment Law

November 1, 2007

Personnel Records: Access and Disclosure

Publication: Michigan Municipal Review
Practice Areas: Direct Representation of Municipalities, Labor & Employment Law, Municipal Law
Carolyn M. Jereck

October 1, 2007

Michigan Supreme Court to Define Duty Owed by Residential Landlords

Rapid Report
Practice Areas: General Litigation, Premises Liability

September 28, 2007

Preserving The Attorney-Client Privilege And Use of the Internet

Publication
Practice Areas: Commercial Litigation
Bloomfield Hills

September 1, 2007

Public Management: Hiring, Firing and the In-Between

Publication: Michigan Municipal Review
Practice Areas: Direct Representation of Municipalities, Municipal Law
Susan A. Finnegan

August 28, 2007

Can Employers Require Employees to Use Paid Leave During FMLA Absence?

Publication
Practice Areas: Labor & Employment Law
Claudia D. Orr

August 28, 2007

Flood Exclusion Upheld in Louisiana “Hurricane Katrina” Claims

Rapid Report
Practice Areas: Insurance Law
Charles W. Browning
Bloomfield Hills

August 14, 2007

Former Employees Barred From Soliciting Firm’s Clients Despite Office Closing

Rapid Report
Practice Areas: Labor & Employment Law
Bloomfield Hills

Summer 2007

Exemption From Michigan Consumer Protection Act a Victory for Residential Homebuilders

Publication: Sticks & Bricks
Practice Areas: Construction Law, Contractors’ Legal Issues
Richard J. Rozycki

Summer 2007

Failure to Comply With Material Contractual Obligation Results in Lost Recovery of Payment

Publication: Sticks & Bricks
Practice Areas: Construction Law, Contractors’ Legal Issues

August 2007

Key Nonfinancial Elements in the Acquisition Agreement

Publication: Business Advisor
Practice Areas: Banking, Bankruptcy & Creditors' Rights Law, Bankruptcy & Creditors' Rights
Mark McGowan

August 1, 2007

Michigan Court of Appeals Overturns Itself to Hold Apartment Management Liable in Snow/Ice Cases

Publication: In Summary
Practice Areas: Premises Liability

August 2007

Michigan Legislature Reexamines Serious Impairment Threshold

Is Kreiner On His Way Out?
Publication: In Summary
Practice Areas: Motor Vehicle Negligence
William J. Lynch

August 2007

Plaintiff Must Identify a Specific Manufacturing Defect Involved in an Implied Warranty Claim

Publication: In Summary
Practice Areas: Product Liability
Edward J. Higgins

August 2007

Plan For The Future of Your Family Business

Minimizing Future Conflict – Part 2
Publication: Business Advisor
Practice Areas: Banking, Bankruptcy & Creditors' Rights Law, Bankruptcy & Creditors' Rights, Business Enterprises Law

July 6, 2007

Denial of Church’s Rezoning Request for Apartment Building Does Not Violate Federal Law

Rapid Report
Practice Areas: Direct Representation of Municipalities, Municipal Law, Zoning & Land Use
Philip A. Erickson
East Lansing

July 3, 2007

Failure to Promote Employee Because His Accent Makes Him Difficult to Understand is Unlawful

Rapid Report
Practice Areas: Labor & Employment Law
Claudia D. Orr

June 29, 2007

Supreme Court Further Narrows Appellate Jurisdiction to Review District Court Remand Orders

Rapid Report
Practice Areas: Appellate Law, General Litigation

June 19, 2007

Supreme Court Holds That Trial Court May Not Impose Conditions on Independent Medical Examinations

Rapid Report
Practice Areas: General Litigation
Patrick D. Ryan

June 15, 2007

Federal Appellate Timing Requirements for Filing a Notice of Appeal Are Jurisdictional

Publication
Practice Areas: Appellate Law

June 6, 2007

Property Owner Must Be Afforded Due Process Notice and the Right to Contest Foreclosure

Rapid Report
Practice Areas: Title Insurance Law
Kurt E. Riedel

May 16, 2007

Rocket Docket Indefinitely Suspended Due to Budget Constraints

Rapid Report
Practice Areas: Medical Liability
Robert G. Kamenec

May 10, 2007

Court of Appeals Addresses No-Fault Threshold Issues Relating to Closed Head Injuries and Permanent Serious Disfigurement

Rapid Report
Practice Areas: General Litigation
Edward J. Higgins

May 10, 2007

Court of Appeals Addresses No-Fault Threshold Issues Relating to Closed Head Injuries and Permanent Serious Disfigurement

Rapid Report
Practice Areas: Trucking & Transportation
Edward J. Higgins

May 7, 2007

No Fault Attorneys Fees Not Considered Part of Verdict Amount When Determining Sanctions

Rapid Report
Practice Areas: General Litigation
Edward J. Higgins

May 7, 2007

No Fault Attorneys Fees Not Considered Part of Verdict Amount When Determining Sanctions

Rapid Report
Practice Areas: Trucking & Transportation
Edward J. Higgins

May 2007

Agreements to Release Claims - What Protection Are You Really Buying?

Publication
Practice Areas: Labor & Employment Law
Claudia D. Orr

May 2007

The Impact of Poor Zoning Decisions

Publication
Practice Areas: Zoning & Land Use
Michael S. Bogren

April 30, 2007

Plaintiff Must Identify a Specific Manufacturing Defect Involved In An Implied Warranty Claim

Rapid Report
Practice Areas: Product Liability
Edward J. Higgins

April 27, 2007

Michigan Supreme Court Reverses Appellate Court's Finding of Advertising Injury Insurance Coverage

Rapid Report
Practice Areas: Insurance Law

April 27, 2007

Parking Lots Lacking Signs Not Uniquely Dangerous, Open and Obvious Doctrine Applies

Rapid Report
Practice Areas: General Litigation
Edward J. Higgins

April 27, 2007

Recommendations for Minimizing and/or Avoiding Workplace Violence

Rapid Report
Practice Areas: Labor & Employment Law
Theresa Smith Lloyd

April 18, 2007

Iowa High Court Upholds Total Pollution Exclusion as Bar to Coverage

Rapid Report
Practice Areas: Insurance Law
Charles W. Browning, Patrick E. Winters

April 16, 2007

Insurer May Suspend PIP Benefits Until Insured Attends Independent Medical Examinations

Rapid Report
Practice Areas: General Litigation
Edward J. Higgins

April 12, 2007

Some Independent Contractors May be Eligible to File Discrimination Claims Under State Civil Rights Law

Rapid Report
Practice Areas: Labor & Employment Law
Claudia D. Orr

April 6, 2007

Hospital and Chief of Staff Can Be Held Liable Under State's Civil Rights Law for Discrimination Against Physician with Staff Privileges

Rapid Report
Practice Areas: Healthcare Law
Claudia D. Orr

April 2007

Application of Federal Antitrust Laws to Healthcare Providers

Publication
Practice Areas: Healthcare Law
Mark S. Kopson

April 2007

Avoid Personal Injury Suits by Identifying Roles, Duties and Obligations

Publication
Practice Areas: Construction Law

April 2007

Providing One Reasonable Theory is Sufficient in Negligence Cases

Publication
Practice Areas: Construction Law

April 2007

Supreme Court Clarifies Statute of Limitations for Construction Malpractice Claims

Publication
Practice Areas: Construction Law
George A. Netschke

March 26, 2007

Michigan Court of Appeals Overturns Itself to Hold Apartment Management Liable

Rapid Report
Practice Areas: General Litigation

February 23, 2007

All Group Health Benefits Must be Available to Employees on a FMLA Leave

Rapid Report
Practice Areas: Labor & Employment Law
Claudia D. Orr

February 21, 2007

Federal Court Rules Non-Participating Insurer Must Pay Pro Rata Share of Insured's Settlement Costs

Rapid Report
Practice Areas: Insurance Law
Charles W. Browning, Danielle Perez

February 9, 2007

Court Orders MCCA to Reimburse Member Insurers For All Personal Injury Protection Benefits Paid

Rapid Report
Practice Areas: Motor Vehicle - No Fault
Jeffrey C. Gerish

February 2007

A Comprehensive Guide to the Appellate Court Rulings on Key Medical Malpractice Issues in 2006

Publication

February 2007

Attorney General Launches Regulatory Enforcement Sweep Targeting Healthcare Providers

Publication
Practice Areas: Healthcare Law

February 2007

Plaintiff's Bar Seeks Advantage by Obtaining Court Ordered IME Restrictions

Publication

January 31, 2007

Spoliation of Evidence May Spoil an Opportunity for Summary Judgment

Rapid Report
Practice Areas: Product Liability
Edward J. Higgins

January 10, 2007

Database Security Breaches May Result in Significant Personal and Business Liability

Rapid Report
Practice Areas: Labor & Employment Law
Claudia D. Orr

January 2007

E-Discovery: Amendments Add Clarity and Consistency

Publication
Practice Areas: e-Business & Internet Law, General Litigation

January 2007

Proper Documentation Establishes Probable Cause and Preserves the Shopkeeper's Privilege

Publication
Practice Areas: Premises Liability

December 8, 2006

Patient's Comparative Fault Nixes Medical Liability Claims

Rapid Report
Practice Areas: Medical Liability

December 2006

Contraceptives and Pregnancies: New State and Federal Court Rulings May Impact Your Company

Publication
Practice Areas: Labor & Employment Law
Claudia D. Orr

Fall 2006

Recent Developments in Appellate Law

Publication
Practice Areas: Appellate Law

November 22, 2006

Plaintiff May Not Rely Upon Equitable Tolling to Escape Retroactive Effect of Waltz v Wyse

Rapid Report
Practice Areas: Medical Liability
Robert G. Kamenec

November 15, 2006

Minnesota Supreme Court Issues Decision On Pro Rata Allocation Of Indemnity Costs

Rapid Report
Practice Areas: Insurance Law
David A. Dworetsky, Kenneth C. Newa

September 29, 2006

Texas Supreme Court Holds Mold Exclusion Applies Even Though Damage Was Caused by Covered Peril

Rapid Report
Practice Areas: Insurance Law
Kenneth C. Newa, Patrick E. Winters

September 27, 2006

Michigan Legislature Closes Minimum Wage Loophole by Limiting Overtime Eligibility

Rapid Report
Practice Areas: Labor & Employment Law

September 2006

Accommodating Religious Beliefs - What Employers Should Consider This Holiday Season

Publication
Practice Areas: Labor & Employment Law
Claudia D. Orr

August 10, 2006

Supreme Court Ruling Sets Higher Standard of Proof for Plaintiffs in Dram Shop Cases

Rapid Report
Practice Areas: Food Service & Hospitality
Patrick D. Ryan

August 2006

Case Law Updates

Publication

August 2006

Courts can 'pierce the corporate veil' to assign corporate liability to shareholders

Publication: Summer 2006 PC Business Advisor
Practice Areas: Business Enterprises Law
Seymour M. Nayer

August 2006

Letter of Intent - a 'Must' for Sellers

Publication: Summer 2006 P&C Business Advisor Article
Practice Areas: Business Enterprises Law
Mark McGowan

August 2006

Michigan Court of Appeals Continues Debate on Equitable Tolling in Waltz Cases

Publication
John P. Deegan

August 2006

US Corps of Eng Wetland Jurisdiction still unclear

Publication: Summer 2006 PC Business Advisor
Practice Areas: Business Enterprises Law

August 2006

What You Don't Know Could Hurt Your Medical Practice

Publication
Practice Areas: Healthcare Law

July 31, 2006

Indiana Court Rules No Duty for Insurer to Reimburse Pre-Tender Defense Costs

Rapid Report
Practice Areas: Insurance Law
Kenneth C. Newa, Danielle Perez

July 28, 2006

Court of Appeals asks Supreme Court to Re-examine Issue of Equitable Subrogation

Rapid Report
Practice Areas: Title Insurance Law
Kurt E. Riedel

July 24, 2006

Recent Michigan Court Opinions Address Employer Liability for Employee Misconduct

Rapid Report
Practice Areas: Labor & Employment Law
Claudia D. Orr

July 24, 2006

Supreme Court Clarifies Scope of Open and Obvious Danger Doctrine and Discards 'Simple Tool' Doctrine in Product Liability Actions

Rapid Report
Practice Areas: Product Liability
Ernest R. Bazzana

June 29, 2006

Supreme Court Orders Snow Covered Curbs can be 'Open and Obvious'

Rapid Report
Practice Areas: Premises Liability
Christine D. Oldani, Patrick D. Ryan

June 8, 2006

Equitable Subrogation Doctrine Hampered in Mortgage Disputes

Rapid Report
Practice Areas: Title Insurance Law
Kurt E. Riedel

May 10, 2006

Supreme Court Defines Notice Requirement for Invoking Highway Exception to Governmental Immunity

Rapid Report

May 8, 2006

Court Relaxes Rules for Matching Affidavits

Rapid Report
Practice Areas: Medical Liability

May 2006

'Rocket Docket' Speeds Processing of Appeals in Michigan Court of Appeals

Publication
Robert G. Kamenec

May 2006

Michigan Court of Appeals Declares Conflict with Ousley

Publication
Robert G. Kamenec

May 2006

The Social Security Number Privacy Act - What You Don't Know Could Hurt Your Medical Practice

Publication
Practice Areas: Labor & Employment Law

April 14, 2006

Reasonable Belief does Not Validate Affidavit of Meritorious Defense

Rapid Report
Practice Areas: Medical Liability

April 4, 2006

Open and Obvious Doctrine Cannot Bar Claims if Landlord Violates Statutory Duty

Rapid Report
Practice Areas: General Litigation
Patrick D. Ryan

April 2006

Balancing FAA and IRS Requirements

Publication: Spring 2006 P&C Business Advisor
Practice Areas: Business Enterprises Law
Jack S. Levey

April 2006

The Terms of Operating Agreements may be Very Flexible

Publication: Spring 2006 PC Business Advisor
Practice Areas: Business Enterprises Law

April 2006

Why Every Person Needs an Estate Plan

Spring 2006 P&C Business Advisor Article 1 of 3
Publication
Practice Areas: Business Enterprises Law
William A. Beluzo, Jr.

March 17, 2006

Michigan Court of Appeals Held 'Bare Bones' Affidavit of Merit is Sufficient

Rapid Report
Practice Areas: Medical Liability

March 6, 2006

Filing a Notice of Non-Party Fault can Increase Defendants' Exposure

Rapid Report
Practice Areas: Medical Liability

February 21, 2006

'Present and Working' at Hospital is Not a Material Fact that Doctors are Employees

Rapid Report
Practice Areas: Medical Liability

February 17, 2006

Appellate Courts Rule on Employer Liability for Third Party Sexual Harassment

Rapid Report
Practice Areas: Labor & Employment Law
Claudia D. Orr

February 16, 2006

Supreme Court Clarifies Statute of Limitations for Construction Malpractice Claims

Rapid Report
Practice Areas: Construction Law
George A. Netschke

February 6, 2006

Obstetrician Not Qualified to Testify About Midwifery Standards

Rapid Report
Practice Areas: Medical Liability

January 30, 2006

Defendant Wins $1.6 Million in Attorney Fees After Plaintiff Found to Have Concealed Evidence

Rapid Report
Philip A. Erickson

January 20, 2006

Statute of Limitations Runs from Date of Sale in Michigan Consumer Protection Act Claims

Rapid Report
Practice Areas: General Litigation

January 12, 2006

Supreme Court Clarifies Employer Liability in Sexual Harassment Cases

Rapid Report
Practice Areas: Labor & Employment Law
Claudia D. Orr

January 12, 2006

Updates on the Family Medical Leave Act and the Social Security Number Privacy Act

Rapid Report
Practice Areas: Labor & Employment Law
Claudia D. Orr

January 12, 2006

Wage Issues–Are You Compliant?

Rapid Report
Practice Areas: Labor & Employment Law
Claudia D. Orr

January 9, 2006

Court Grants Statutory Rebuttal Presumption of Non-Liability to Qualified Manufacturers

Rapid Report
Practice Areas: Product Liability
Edward J. Higgins

January 6, 2006

Informed Consent Does Not Include Surgeon’s Success Rate

Rapid Report
Practice Areas: Medical Liability
Robert G. Kamenec

January 4, 2006

Court Says Surfing Web Sites Not Enough to Verify Expertise of Defendant Doctors

Rapid Report
Practice Areas: Medical Liability

2006

2005 - The Year in Review

Rapid Report
Practice Areas: Medical Liability

December 29, 2005

Appeals Court Rules That Employer Can Be Properly Named as a Non-Party at Fault

Rapid Report
Practice Areas: General Litigation
Ernest R. Bazzana, Robert A. Marzano, Patrick D. Ryan

December 21, 2005

Statute of Limitations Runs from Date Defamatory Statement Made Not Published

Rapid Report
Practice Areas: General Litigation

December 15, 2005

Croskey Re-Visited-Restrictions to Ex Parte Meetings Reduced

Rapid Report
Practice Areas: Medical Liability

November 29, 2005

City Violates Federal Law in Denying Church's Rezoning Request

Rapid Report
Practice Areas: Zoning & Land Use
Philip A. Erickson

November 18, 2005

Expert Who Signs Affidavit of Merit Need Not be Qualified to Testify Regarding Proximate Cause

Rapid Report
Practice Areas: Medical Liability
Richard J. Gianino

November 16, 2005

Defendants Risk Court Sanctions by Conducting Non-HIPAA Compliant Ex-Parte' Interviews

Rapid Report
Practice Areas: Medical Liability

November 2005

Eggleston Weakened by Recent Appellate Court Decisions

Publication
Practice Areas: Healthcare Law

November 2005

Michigan Statutory Caps Apply to a Failure-to-Stabilize EMTALA Claim

Publication
Practice Areas: Healthcare Law

November 1, 2005

Proper Application of Zoning Laws Results in Dismissal of $800 Million Claim

Rapid Report
Michael S. Bogren, Philip A. Erickson, David K. Otis

November 2005

Why every person needs an estate plan

Publication
Practice Areas: Estate Planning

October 7, 2005

A Second Notice of Intent to File A Claim Can Serve to Toll Statute of Limitations

Rapid Report
Practice Areas: Medical Liability

October 6, 2005

Plaintiff's Whiplash Injuries Caused Residual Injuries Which, Under the Totality of the Circumstances, Constituted a Serious Impairment of Body Function

Rapid Report
Practice Areas: Trucking & Transportation
Michael K. Sheehy

September 16, 2005

Public Safety Officers Injured by Drunk Patrons Can Sue Bar Owners for Their Injuries

Rapid Report
Practice Areas: Food Service & Hospitality
Carolyn M. Jereck

August 31, 2005

Michigan’s Medical Damages Cap Reduces Federal Jury’s Verdict

Rapid Report
Practice Areas: Medical Liability
Robert G. Kamenec

August 19, 2005

Successor Personal Representative Cannot Revive An Untimely Complaint

Rapid Report
Practice Areas: Medical Liability
Robert G. Kamenec

August 10, 2005

Trial Court Must Conduct Searching Inquiry Before Determining Expert Testimony Is Unreliable

Rapid Report
Practice Areas: Medical Liability
Robert G. Kamenec

August 9, 2005

Supreme Court Upholds Uninsured Motorist Coverage Requirement that Claim or Suit Must Be Brought Within One Year From the Date of the Accident

Rapid Report
Practice Areas: Motor Vehicle - No Fault
Mary Catherine Rentz

August 5, 2005

Supreme Court Overrules Application of Judicial Tolling to the One Year Back Statute of Limitations of Michigan's No-Fault Act

Rapid Report
Practice Areas: Motor Vehicle - No Fault
Gregory Gromek

August 3, 2005

Plaintiffs' Counsel is Permitted to Attend and Videotape Independent Medical Examinations

Rapid Report
Practice Areas: General Litigation
Patrick D. Ryan

July 21, 2005

Res Ipsa Does Not Always Speak for Itself: Expert Testimony Needed to Establish Medical Malpractice

Rapid Report
Practice Areas: Medical Liability
Richard J. Gianino, Robert G. Kamenec

July 15, 2005

Additional Two-Year Tolling Period is not Automatic for Successor Personal Representatives

Rapid Report
Practice Areas: Medical Liability
Robert G. Kamenec

July 2005

A Practitioner’s Guide to the Limits HIPAA Places on Ex Parte Interviews of Michigan Medical Care Providers Related Issues Concerning Discovery of Confidential Information

Publication
Practice Areas: Healthcare Law

July 2005

Out-of-State Notary Certification Requirement to be Applied Prospectively

Publication

July 2005

Practice Tips for a Physician Supervising Physician Assistants

Publication
Practice Areas: Healthcare Law
Richard J. Gianino

June 21, 2005

Black Ice Case Reversed by Supreme Court

Rapid Report
Practice Areas: Premises Liability
Patrick D. Ryan

June 16, 2005

Apsey Update: Out-of-State Notary Certification Requirement to be Applied

Rapid Report
Practice Areas: Medical Liability
Richard J. Gianino, Robert G. Kamenec

June 6, 2005

New ‘Cork and Go’ Wine Bill Becomes Michigan Law

Rapid Report
Practice Areas: Food Service & Hospitality

May 20, 2005

Continuing Violations’ Doctrine No Longer Overcomes Statute of Limitations

Rapid Report
Practice Areas: Premises Liability

May 10, 2005

A Settling Tortfeasor has the Statutory Right to Seek Contribution Under MCL §600.2925a

Gerling Konzem Allgemeine Versicherungs AG v Lawson
Rapid Report
Practice Areas: Premises Liability
Ernest R. Bazzana, Robert A. Marzano

May 2005

Courts Continue to Find Serious Impairments in Post Kreiner Era

Publication
Practice Areas: Premises Liability
Gregory Gromek

May 2005

Michigan Court of Appeals Varies on Whether Snow and Ice is Open and Obvious

Publication
Practice Areas: Premises Liability
Robert A. Marzano

May 2005

The Value of Legal Nurse Consultants in Medical Malpractice Claims

Publication
Patricia L. Pagels

April 15, 2005

Long-Distance Hauling Company's Placard on Owner/Operator's Tractor is not Enough to Impose Vicarious Liability

Rapid Report
Practice Areas: Trucking & Transportation
Edward J. Higgins, John Wm. Martin, Jr., Michael K. Sheehy

April 2005

Land Owner has No Duty to Remove Vegetation in Public Right-Of-Way

Publication
Practice Areas: Premises Liability, Zoning & Land Use

March 2005

Are Your Incident Reports Protected?

Publication
Practice Areas: Healthcare Law
Robert G. Kamenec

March 2005

Covenants not to compete are permissible for Michigan physicians

Publication
Practice Areas: Healthcare Law
Scott K. Lites

March 2005

Medical Records Access Act of 2004

What is it and how does it impact the medical and legal professions?
Publication
Practice Areas: Healthcare Law

January 29, 2005

Medical Monitoring Claims Are Not Cognizable Under Michigan Law In the Absence of a Present Physical Injury

Rapid Report
Practice Areas: Product Liability
Edward J. Higgins, Michael K. Sheehy, David R. Stechow

October 2004

Caps on Damages: The ‘Lay of the Land’

Publication
Practice Areas: Product Liability
Edward J. Higgins

July 6, 2004

Supreme Court Decision Holds Damage Cap Provision Constitutional

Publication
Practice Areas: Appellate Law
Ernest R. Bazzana

January 2003

Insurance Coverage Issues Arising from Large Exposure Contaminated Food Claims

Complex issues of fact and insurance law come into play when food goes bad, and claims for contamination and recall arise on several fronts
Publication
Practice Areas: Insurance Law
Charles W. Browning

December 18, 2002

Litigation Update! - Important Appellate Ruling

Publication
Practice Areas: Appellate Law

December 2002

Constitutionality of Rental Car Damages Upheld

Publication
Practice Areas: Appellate Law
Ernest R. Bazzana

December 2002

Michigan Supreme Court Considers Viability of 'Reasonable Expectations' Doctrine

Publication
Practice Areas: Appellate Law
Jeffrey C. Gerish

December 2002

When is a Final Order Really ‘Final’?

Publication
Practice Areas: Appellate Law
Christine D. Oldani

Flight and Fight: Medical Tourism

What it is and how it will affect you – Part II
Publication
Practice Areas: Healthcare Law
Mark S. Kopson