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
Posted in Administrative Law, Appeals, Appeals and Legal Research, Appellate Lawyer, Comparative Law, Governmental Immunity, Insurance and Indemnity, Insurance Coverage, Insurance Law, Insurance Lawyer, May It Please the Court, Michigan Court of Appeals Unpublished Opinions, Michigan Supreme Court Orders, Public Corporations, Recent Judicial Dispositions
Tagged amicus curious, carson j. tucker, carson tucker, causation, defending law enforcement', emergency first responders, first responders, governmental immunity, governmental liability, Governmental Tort Liability Act, gross negligence, gross negligence exception to governmental immunity, GTLA, individual governmental employees, law enforcement, law enforcement officers, Michigan Court of Appeals, Michigan Supreme Court, Supreme Court
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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
Posted in Administrative Law, Appeals, Appeals and Legal Research, Appellate Lawyer, Comparative Law, Governmental Immunity, Highway Defect Claims, Insurance and Indemnity, Insurance Coverage, Insurance Law, Insurance Lawyer, May It Please the Court, Michigan No-Fault Insurance, Michigan Supreme Court Opinions, Michigan Supreme Court Orders, Public Corporations, Recent Judicial Dispositions
Tagged amicus curious, auto insurance, automobile accidents, automobile insurance, bodily injury, carson j. tucker, carson tucker, common law, governmental immunity, governmental liability, Governmental Tort Liability Act, GTLA, highway exception, Michigan Court of Appeals, Michigan Supreme Court, no fault act, no fault benefits, no fault insurance, noneconomic damages, personal injury, personal insurance protection benefits, Supreme Court
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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
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Tagged amicus curious, bodily injury, carson j. tucker, carson tucker, causation, common law, defective highway, governmental immunity, governmental liability, Governmental Tort Liability Act, GTLA, highway exception, indemnity, insurance law, Michigan Court of Appeals, Michigan Supreme Court, negligence, personal injury, public building exception, public buildings, Supreme Court
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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
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Tagged amicus curious, auto insurance, automobile accidents, business disputes and insurance, carson j. tucker, carson tucker, indemnity, insurance assets, insurance benefits, insurance coverage, insurance law, insurance recovery, Michigan Court of Appeals, Michigan Supreme Court, personal injury, premises liability, professional liability, slip and fall, Supreme Court, workers compensation
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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
Posted in Administrative Law, Appeals, Appeals and Legal Research, Appellate Lawyer, Automobile Insurance Claims, Business and Commercial Litigation, Comparative Law, Construction Law, Contract Law, Federal Courts, Federal Rules of Civil Procedure, First Amendment, General Liability, Governmental Immunity, Highway Defect Claims, Insurance and Indemnity, Insurance Coverage, International Law, Internet Law, Labor and Employment Law, Landlord / Tenant Law, May It Please the Court, Medical Malpractice, Michigan Court of Appeals Orders, Michigan Court of Appeals Published Opinions, Michigan Supreme Court Opinions, Michigan Supreme Court Orders, Military Appeals, No-Fault Law, Premises Liability, Professional Liability, Professional Liability, Property and Casualty, Public Corporations, Recent Judicial Dispositions, Unemployment Compensation Cases, United States Supreme Court, Workers' Compensation Cases
Tagged amicus curious, auto insurance, automobile accidents, automobile insurance, bodily injury, carson j. tucker, carson tucker, common law, constitutional law, governmental immunity, governmental liability, Governmental Tort Liability Act, GTLA, indemnity, insurance, insurance benefits, insurance coverage, insurance law, Michigan Court of Appeals, Michigan Supreme Court, negligence, personal injury, personal insurance protection, Supreme Court
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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
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Tagged amicus curious, auto insurance, automobile accidents, automobile insurance, bodily injury, carson j. tucker, carson tucker, causation, governmental immunity, governmental liability, Governmental Tort Liability Act, GTLA, indemnity, insurance, insurance benefits, insurance coverage, insurance law, Michigan No-Fault Act, motor vehicle exception, negligence, no fault act, no fault benefits, no fault insurance, noneconomic damages, personal injury, personal insurance protection, personal insurance protection benefits, Supreme Court
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