3:42 PM EST
Nov 14, 2016
Nov 14, 2016
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
2:44 PM EDT
Nov 02, 2016
Nov 02, 2016
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
10:56 AM EDT
Nov 02, 2016
Nov 02, 2016
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
3:58 PM EDT
Oct 28, 2016
Oct 28, 2016
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
11:41 AM EDT
Oct 28, 2016
Oct 28, 2016
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
11:34 AM EDT
Oct 28, 2016
Oct 28, 2016
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
1:31 PM EDT
Oct 10, 2016
Oct 10, 2016
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
1:23 PM EDT
Oct 10, 2016
Oct 10, 2016
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
10:20 AM EDT
Oct 10, 2016
Oct 10, 2016
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
2:11 PM EDT
Sep 30, 2016
Sep 30, 2016
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
12:03 PM EDT
Sep 30, 2016
Sep 30, 2016
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
11:25 AM EDT
Sep 01, 2016
Sep 01, 2016
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