The Michigan Supreme Court has ordered mini-oral argument to be held in two cases addressing a very significant issue dealing with whether trial courts can disregard the notice waiting period required before filing a complaint in a medical malpractice action, … Continue reading
Category Archives: Comparative Law
Michigan High Court to Address Scope of “Gross Negligence” Exception to Governmental Immunity
In an order issued on December 23, 2014, the Michigan Supreme Court has granted oral argument to consider the state’s application in this wrongful death case. (Estate of Beals.Order). The plaintiff is the estate of an individual who was a … Continue reading
Court Holds “Bodily Injury” Damages Include “Pain and Suffering” and “Non-economic Damages” In “Motor Vehicle” Accident Claims Against Government
I previously wrote a short post about this case, but since I authored an amicus curiae brief for Michigan Townships Association, and the counties of Oakland, Wayne and Macomb, I have engaged in a bit more analysis. The Supreme Court released its … Continue reading
Missing Pane of Glass from Public Bus Shelter Not a Defective or Dangerous Condition Sufficient to State Cause of Action Against Public Bus Authority Under “Public Building” Exception to Governmental Immunity
The Summary Disposition Standard Debate This case highlights a current conflict among the Court of Appeals. There is a current “debate” among Court of Appeals panels in recent opinions about the sufficiency of pleading a cause of action against the … Continue reading
Insurers and Businesses Should Always Consider What Options are Available for Insurance Coverage and Recovery of Insurance Assets When Facing a Dispute, Claim or Lawsuit
One of the most important ways insurance companies and businesses can manage their assets and control their liability is to think creatively about insurance and insuring agreements in managing their day-to-day business operations. Disputes, claims, and yes, lawsuits often arise … Continue reading
Special Appellate Counsel for Emergency Appeals in State and Federal Court of Appeals and Supreme Court
It is the eve of trial. The trial court judge, bent on forcing you into an unsavory settlement with opposing counsel, has granted opposing counsel’s motion in limine to exclude your proposed evidence from the jury’s consideration. This is a … Continue reading
Supreme Court to Address Interplay (If Any) Between the No-Fault Act and the Governmental Tort Liability Act
Last Friday, September 19, 2014, I participated in a panel discussion at the Negligence Law Section breakout at the state bar conference in Grand Rapids to discuss the Michigan Supreme Court’s upcoming (October 8) hearing of oral arguments in the calendar … Continue reading