Litigation and Risk Management Blog: business law and litigation defense services https://www.plunkettcooney.com/litigation-defenders Fri, 08 May 2026 05:13:21 -0400 Spring Cleaning – Know Your Duties With Snow, Ice Liability https://www.plunkettcooney.com/litigation-defenders/know-your-snow-ice-liability-duties Peter J. Florian litigation-defenders/know-your-snow-ice-liability-duties Wed, 22 Apr 2026 09:00:01 -0400 Don’t slip up as a business or landowner by delaying your annual review of snow and ice duties for common areas under your control. 

]]> What damages are recoverable in Michigan when property is negligently damaged or destroyed? https://www.plunkettcooney.com/litigation-defenders/what-damages-are-recoverable-in-michigan-when-property-is-negligently-damaged-or-destroyed Regan Glenn litigation-defenders/what-damages-are-recoverable-in-michigan-when-property-is-negligently-damaged-or-destroyed Thu, 30 Oct 2025 09:00:02 -0400 One man’s trash may be another’s treasure, but in Michigan, courts take the emotion out of negligent property damage and destruction claims by awarding damages based solely on property value.

]]> Businesses can Bolster Lack of Notice Defense by Documenting Premises Inspections https://www.plunkettcooney.com/litigation-defenders/lack-of-notice-defense Kelsey M. Hall litigation-defenders/lack-of-notice-defense Wed, 19 Mar 2025 09:00:03 -0400 Lack of notice defense on the rise in Michigan following the loss of the open and obvious defense for premises liability claims.

]]> Avoiding the Premises Liability Trap of ‘Lost’ Evidence https://www.plunkettcooney.com/litigation-defenders/premises-liability-lost-evidence Jake W. Hendricks litigation-defenders/premises-liability-lost-evidence Wed, 26 Feb 2025 09:00:04 -0500 Preserving evidence is key to defending premises liability cases in Michigan.

]]> Appellate Court Faults Construction Company for Halting Work for Nonpayment in Breach of Agreed Upon Contract https://www.plunkettcooney.com/litigation-defenders/halting-construction-work litigation-defenders/halting-construction-work Mon, 07 Oct 2024 09:00:05 -0400 Before construction contractors stop work for nonpayment, this appellate court decision serves as a reminder that they would do well to check their contract language to make sure it doesn’t prevent them from walking off the job.  

]]> New Scope of Ohio Home Construction Suppliers Services Act Takes Effect https://www.plunkettcooney.com/litigation-defenders/Ohio-home-construction-requirements litigation-defenders/Ohio-home-construction-requirements Mon, 23 Sep 2024 09:00:06 -0400 Contractors need to know about this new Ohio law that significantly changes requirements for home construction services.

]]> The Skeptical Brain Injury – How Do You Prepare to Defend it? https://www.plunkettcooney.com/litigation-defenders/defending-traumatic-brain-injury-claims Alyssa C. Kennedy litigation-defenders/defending-traumatic-brain-injury-claims Tue, 28 May 2024 09:00:07 -0400 Traumatic brain injury cases are difficult to defend against, but when the alleged injuries can't be detected by medical diagnostic equipment such claims are even more challenging to win.

]]> Post-Open and Obvious: What Property Owners Can Do to Protect Themselves https://www.plunkettcooney.com/litigation-defenders/property-owners-post-open-and-obvious Alyssa C. Kennedy litigation-defenders/property-owners-post-open-and-obvious Tue, 21 Nov 2023 09:00:08 -0500 Open and obvious may be gone in Michigan, but property owners can still protect themselves in premises liability cases.

]]> Lessons in Civil Procedure and Civility from a Surprising Source: Barbie https://www.plunkettcooney.com/litigation-defenders/barbie-civility-litigation litigation-defenders/barbie-civility-litigation Mon, 06 Nov 2023 09:00:09 -0500 What Barbie can teach litigants and attorneys about avoiding sanctions and conducting oneself with civility in civil litigation.

]]> ‘Open and Obvious’ Falls, Restoring Focus on ‘Notice’ Defense in Michigan Premises Liability Cases https://www.plunkettcooney.com/litigation-defenders/notice-defense-premises-liability litigation-defenders/notice-defense-premises-liability Thu, 07 Sep 2023 09:00:10 -0400 The “notice” defense shifts back into focus after a recent Michigan Supreme Court ruling dismantled the “open and obvious” defense for premises liability claims.

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