News

A potential “trap” that medical care providers and injured people (and their families) should be aware of is the “lawfully rendered treatment” language of MCL 500.3157, which has been effectively developed as an… Read More

A neighborhood association brought suit against a homeowner for breach of contract for violating a deed restriction that prohibited lawn ornaments. The homeowner argued that the lawn ornaments were only technical… Read More

In Pace v Edel-Harrelson, 499 Mich 1; 878 NW2d 784 (2016) the Michigan Supreme Court ruled that "the plain language of MCL 15.362 . . . Read More

The Michigan Whistleblower Protection Act (“WPA”) provides statutory protection for an employee who reports or is about to report illegal activity to a public body. To be protected, a plaintiff must establish that they… Read More

The Court of Appeals recently reversed a trial court order denying a plaintiff noneconomic damages and remanded for a new trial limited to the issue of calculating noneconomic damages. The case is Pietila v Wisotzke,… Read More

Michigan’s no-fault insurance act requires a claimant to demonstrate a “threshold” injury to recover noneconomic damages in a tort claim against the driver or owner of the at-fault motor vehicle. See e.g. MCL 500.3135(1)… Read More

The Court of Appeals recently held that a lawsuit filed by an injured person against an insurance company for uninsured motorist benefits/underinsured motorist benefits does not preclude a second lawsuit brought by a… Read More

A man fell and broke his leg while trying to avoid flowing water funneling down a sloped exit path from a haunted corn maze in October 2013. Michigan’s “open and obvious” doctrine generally precludes liability for a… Read More

The No-Fault Insurance Act allows a claimant to recover his or her attorney fees, where an insurer unreasonably refuses to pay or unreasonably delays in making proper payment. See MCL 500.3148(1). Read More

State law allows the state to recover Medicaid benefits paid to a person during his or her life from his or her estate after death, under some circumstances. In a recent decision, the Court of Appeals held that the… Read More

The Michigan Court of Appeals found that a 15 year-old boy who was reaching for groceries in the trunk of a car before getting hit by another vehicle was not "in" the car . . . Read More

The Michigan Court of Appeals recently found that providing partial information on an application for insurance constituted a false representation. The case is Electric Stick, Inc v Primeone Insurance Company,… Read More