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

Publications

Keyword

Attorney

Practice Area

View All Current Publications

May 16, 2007

Rocket Docket Indefinitely Suspended Due to Budget Constraints

Rapid Report: Medical Liability
Emily M. Ballenberger, 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: 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: Trucking & Transportation
Edward J. Higgins

May 7, 2007

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

Rapid Report: General Litigation
Edward J. Higgins

May 7, 2007

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

Rapid Report: Trucking & Transportation
Edward J. Higgins

May 2007

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

Publication: Labor & Employment Law
Claudia D. Orr

May 2007

The Impact of Poor Zoning Decisions

Publication: Zoning & Land Use
Michael S. Bogren

April 30, 2007

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

Rapid Report: Product Liability
Edward J. Higgins

April 27, 2007

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

Rapid Report: Insurance Law

April 27, 2007

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

Rapid Report: General Litigation
Edward J. Higgins

April 27, 2007

Recommendations for Minimizing and/or Avoiding Workplace Violence

Rapid Report: Labor & Employment Law
Theresa Smith Lloyd

April 18, 2007

Iowa High Court Upholds Total Pollution Exclusion as Bar to Coverage

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

April 16, 2007

Insurer May Suspend PIP Benefits Until Insured Attends Independent Medical Examinations

Rapid Report: 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: 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: Healthcare Law
Claudia D. Orr

April 2007

Application of Federal Antitrust Laws to Healthcare Providers

Publication: Healthcare Law
Mark S. Kopson

April 2007

Avoid Personal Injury Suits by Identifying Roles, Duties and Obligations

Publication: Construction Law

April 2007

Providing One Reasonable Theory is Sufficient in Negligence Cases

Publication: Construction Law

April 2007

Supreme Court Clarifies Statute of Limitations for Construction Malpractice Claims

Publication: Construction Law
George A. Netschke

March 26, 2007

Michigan Court of Appeals Overturns Itself to Hold Apartment Management Liable

Rapid Report: General Litigation
Edward M. Turfe

February 23, 2007

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

Rapid Report: 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: 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: 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
Emily M. Ballenberger

February 2007

Attorney General Launches Regulatory Enforcement Sweep Targeting Healthcare Providers

Publication: 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: Product Liability
Edward J. Higgins

January 10, 2007

Database Security Breaches May Result in Significant Personal and Business Liability

Rapid Report: Labor & Employment Law
Claudia D. Orr

January 2007

E-Discovery: Amendments Add Clarity and Consistency

Publication: e-Business & Internet Law, General Litigation

January 2007

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

Publication: Premises Liability

December 8, 2006

Patient's Comparative Fault Nixes Medical Liability Claims

Rapid Report: Medical Liability

December 2006

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

Publication: Labor & Employment Law
Claudia D. Orr

Fall 2006

Recent Developments in Appellate Law

Publication: Appellate Law
Mary Massaron Ross

November 22, 2006

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

Rapid Report: Medical Liability
Emily M. Ballenberger, Robert G. Kamenec

November 15, 2006

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

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

September 27, 2006

Michigan Legislature Closes Minimum Wage Loophole by Limiting Overtime Eligibility

Rapid Report: Labor & Employment Law

September 2006

Accommodating Religious Beliefs - What Employers Should Consider This Holiday Season

Publication: 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: Food Service & Hospitality
Patrick D. Ryan

August 2006

Case Law Updates

Publication
Emily M. Ballenberger

August 2006

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

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

August 2006

Letter of Intent - a 'Must' for Sellers

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

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: Business Enterprises Law
Charles E. Dunn
Summer 2006 PC Business Advisor

August 2006

What You Don't Know Could Hurt Your Medical Practice

Publication: Healthcare Law

July 31, 2006

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

Rapid Report: 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: Title Insurance Law
Kurt E. Riedel

July 24, 2006

Recent Michigan Court Opinions Address Employer Liability for Employee Misconduct

Rapid Report: 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: Product Liability
Ernest R. Bazzana

June 29, 2006

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

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

June 8, 2006

Equitable Subrogation Doctrine Hampered in Mortgage Disputes

Rapid Report: 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: Medical Liability
Emily M. Ballenberger

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
Emily M. Ballenberger, Robert G. Kamenec

May 2006

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

Publication: Labor & Employment Law

April 14, 2006

Reasonable Belief does Not Validate Affidavit of Meritorious Defense

Rapid Report: Medical Liability

April 4, 2006

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

Rapid Report: General Litigation
Patrick D. Ryan

April 2006

Balancing FAA and IRS Requirements

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

April 2006

The Terms of Operating Agreements may be Very Flexible

Publication: Business Enterprises Law
Reinhard H. Lemke
Spring 2006 PC Business Advisor

April 2006

Why Every Person Needs an Estate Plan

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

March 17, 2006

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

Rapid Report: Medical Liability
Emily M. Ballenberger

March 6, 2006

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

Rapid Report: Medical Liability

February 21, 2006

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

Rapid Report: Medical Liability
Emily M. Ballenberger

February 17, 2006

Appellate Courts Rule on Employer Liability for Third Party Sexual Harassment

Rapid Report: Labor & Employment Law
Claudia D. Orr

February 16, 2006

Supreme Court Clarifies Statute of Limitations for Construction Malpractice Claims

Rapid Report: Construction Law
George A. Netschke

February 6, 2006

Obstetrician Not Qualified to Testify About Midwifery Standards

Rapid Report: 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: General Litigation

January 12, 2006

Supreme Court Clarifies Employer Liability in Sexual Harassment Cases

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

January 12, 2006

Wage Issues–Are You Compliant?

Rapid Report: Labor & Employment Law
Claudia D. Orr

January 9, 2006

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

Rapid Report: Product Liability
Edward J. Higgins

January 6, 2006

Informed Consent Does Not Include Surgeon’s Success Rate

Rapid Report: Medical Liability
Robert G. Kamenec

January 4, 2006

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

Rapid Report: Medical Liability
Emily M. Ballenberger, Suzanne T. Hall

2006

2005 - The Year in Review

Rapid Report: Medical Liability

December 29, 2005

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

Rapid Report: 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: General Litigation

December 15, 2005

Croskey Re-Visited-Restrictions to Ex Parte Meetings Reduced

Rapid Report: Medical Liability
Emily M. Ballenberger, Suzanne T. Hall

November 29, 2005

City Violates Federal Law in Denying Church's Rezoning Request

Rapid Report: 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: Medical Liability
Richard J. Gianino, Suzanne T. Hall

November 16, 2005

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

Rapid Report: Medical Liability
Emily M. Ballenberger

November 2005

Eggleston Weakened by Recent Appellate Court Decisions

Publication: Healthcare Law
Emily M. Ballenberger

November 2005

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

Publication: 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: Estate Planning

October 7, 2005

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

Rapid Report: 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: Trucking & Transportation
Michael K. Sheehy

September 16, 2005

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

Rapid Report: Food Service & Hospitality
Carolyn M. Jereck

August 31, 2005

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

Rapid Report: Medical Liability
Robert G. Kamenec

August 19, 2005

Successor Personal Representative Cannot Revive An Untimely Complaint

Rapid Report: Medical Liability
Robert G. Kamenec

August 10, 2005

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

Rapid Report: 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: 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: Motor Vehicle - No Fault
Gregory Gromek, Marc D. McDonald, Mary Massaron Ross

August 3, 2005

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

Rapid Report: 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: 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: 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: Healthcare Law
Richard G. Koefod

July 2005

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

Publication

July 2005

Practice Tips for a Physician Supervising Physician Assistants

Publication: Healthcare Law
Emily M. Ballenberger, Richard J. Gianino

June 21, 2005

Black Ice Case Reversed by Supreme Court

Rapid Report: Premises Liability
Patrick D. Ryan

June 16, 2005

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

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

June 6, 2005

New ‘Cork and Go’ Wine Bill Becomes Michigan Law

Rapid Report: Food Service & Hospitality

May 20, 2005

Continuing Violations’ Doctrine No Longer Overcomes Statute of Limitations

Rapid Report: Premises Liability

May 10, 2005

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

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

May 2005

Courts Continue to Find Serious Impairments in Post Kreiner Era

Publication: Premises Liability
Gregory Gromek, Marc D. McDonald

May 2005

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

Publication: 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: 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: Premises Liability, Zoning & Land Use

March 2005

Are Your Incident Reports Protected?

Publication: Healthcare Law
Robert G. Kamenec

March 2005

Covenants not to compete are permissible for Michigan physicians

Publication: Healthcare Law
Scott K. Lites

March 2005

Medical Records Access Act of 2004

Publication: Healthcare Law
What is it and how does it impact the medical and legal professions?
Richard G. Koefod

January 29, 2005

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

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

October 2004

Caps on Damages: The ‘Lay of the Land’

Publication: Product Liability
Edward J. Higgins, Said A. Taleb

July 6, 2004

Supreme Court Decision Holds Damage Cap Provision Constitutional

Publication: Appellate Law
Ernest R. Bazzana

January 2003

Insurance Coverage Issues Arising from Large Exposure Contaminated Food Claims

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

December 18, 2002

Litigation Update! - Important Appellate Ruling

Publication: Appellate Law

December 2002

Constitutionality of Rental Car Damages Upheld

Publication: Appellate Law
Ernest R. Bazzana

December 2002

Michigan Supreme Court Considers Viability of 'Reasonable Expectations' Doctrine

Publication: Appellate Law
Jeffrey C. Gerish

December 2002

When is a Final Order Really ‘Final’?

Publication: Appellate Law
Christine D. Oldani