Category Archives: Michigan Court of Appeals Orders

Employee Driving Company Truck to Job Site Not “In the Course and Scope of Employment” Under Workers Disability Compensation Act

The Court of Appeals (in a 2-1 majority opinion) issued a significant case yesterday, albeit unpublished, holding that an employee driving a company vehicle to a job site location in another part of the state was not “in the course … Continue reading

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Michigan Supreme Court Remands to Appellate Commission Directing Assessment of Post-Injury Retirement and Effect on Wage Loss

In a case I brought to the Michigan Supreme Court on application from a Court of Appeals denial and Michigan Compensation Appellate Commission decision, the Court agrees with my argument the Commission did not address whether the claimant’s wage loss … Continue reading

Posted in Administrative Law, Appeals, Appeals and Legal Research, Appellate Lawyer, Construction Law, Insurance and Indemnity, Insurance Coverage, Insurance Law, Insurance Lawyer, Labor and Employment Law, May It Please the Court, Michigan Court of Appeals Orders | Tagged , , , , | Leave a comment

Equitable Tolling of Medical Malpractice Claim Waiting Period on Supreme Court’s Mini-Oral Argument Calendar

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

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Michigan Supreme Court Reverses Court of Appeals Decision Forcing Workers Compensation Agencies to Remain Open at Certain Locations

The Michigan Supreme Court has reversed the Court of Appeals decision that held the Director of the Michigan Administrative Hearing System and the Director of the Department of Licensing and Regulatory Affairs were required to maintain local offices for litigation … Continue reading

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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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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 , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

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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Supreme Court to Consider “Scope” of Government’s Liability Under Motor Vehicle Exception and No-Fault Insurance Act

Yesterday, I filed an amicus curiae brief on behalf of the Michigan Townships Association, Oakland County, Macomb County, and Wayne County to challenge the Court of Appeals’ decision in Hannay v. Michigan Department of Transportation. There the Court of Appeals ruled that “bodily … Continue reading

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Supreme Court Asked to Consider Court of Appeals’ Decision to Keep Anonymous Bloggers Identities Secret in Defamation Suit

In Ghanam v. John Does et al. the Michigan Court of Appeals reversed a trial court’s decision to allow the deposition of a fact witness in a defamation suit filed against ostensibly anonymous commentators on an internet-based public forum. Last week, I … Continue reading

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Michigan Supreme Court Rules Second Injury Fund Required Only to Reimburse Dual-Employer “Coordinated” Amount of Workers’ Compensation Benefits Payable to Injured Employee

In a 4-2 decision (Viviano, J., not participating), the Supreme Court overruled the decision of the Court of Appeals in Rahman v. Detroit Bd. of Education, 245 Mich. App. 103 (2001), and held that the state Second Injury Fund is not … Continue reading

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