News

Real Property – Contracts – Deed Restriction

Jay Zelenock
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

The Whistle-Blowers' Protection Act does not extend to reports on "future, planned, or anticipated acts" according to the Michigan Supreme Court

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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

Employment Law – Whistleblower Protection Act

Jay Zelenock
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

Personal Injury – Ski Accident – Noneconomic Damages – Litigation and Appeals

Jay Zelenock
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

No-Fault Insurance Claims – Closed Head Injury Standard

Jay Zelenock
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

No-Fault Insurance Law – Uninsured Motorist/Underinsured Motorist Coverage – Res Judicata/Civil Procedure Issues

Jay Zelenock
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

Negligence – Premises Liability – “Open and Obvious Defense” – Effectively Unavoidable Risk or Hazard

Jay Zelenock
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

No-Fault Insurance Law – Attorney Fees

Jay Zelenock
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

Probate – Estates – Medicaid Reimbursement – Due Process

Jay Zelenock
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

A "reaching for groceries" case raises questions about Uninsured Motorist coverage

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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

Withholding information on insurance application causes coverage issues

Jay Zelenock
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

Animal shelter attendant withstands summary disposition in Court of Appeals

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In Dennis v Wexford Cty Sheriff's Dept, No. 325574 (Mich Ct App Jun 7, 2016) a part-time attendant at the Wexford County animal shelter reported concerns that animal control officers were improperly euthanizing animals… Read More
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