Tag Archives: common law

The “Common Law” As Defined by the “Department of Justice”

This is old news to some. But, I had some thoughts on this as I ran across it looking for a contact in the Department of Justice while I was in the process of writing a brief in the United States … Continue reading

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

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

“Gross Negligence” Exception to Governmental Immunity Under Attack in Cases Against First Responders / Law Enforcement Officers

The Court of Appeals has released two cases that appear to undermine the meaning of the “statutory” “gross negligence” exception, MCL 691.1407(2) under Michigan’s Governmental Tort Liability Act (GTLA). The GTLA, MCL 691.1401 et seq., provides immunity for law enforcement officers … Continue reading

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“No-Fault” Wage-Loss Benefits Required to Be Paid to Unemployed Claimant Suffering Disabling Injury at the Time of Auto Accident

In Jones v. Home Owners Ins. Co.COA, a 2-1 unpublished opinion, the Michigan Court of Appeals held that a claimant suffering disabling injury in an auto accident was entitled to no-fault wage-loss benefits under Michigan’s No-Fault Act, characterizing her as “temporarily … Continue reading

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Bank’s Failure to Raise “Abandonment” of Contract Constitutes Waiver in Breach of Contract Action

In Clapper, et al. v. Zochowski, et al, the Court of Appeals reversed the trial court’s ruling granting summary disposition in favor of a bank in a breach of contract action surrounding a loan purchase agreement. The plaintiff sought to … Continue reading

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