Tag Archives: personal injury

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

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The Court of Appeals (in a 2-1 majority opinion) issued a significant case yesterday, albeit unpublished, holding that an employee driving a company vehicle to a job site location in another part of the state was not “in the course … Continue reading

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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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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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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

Mention of a Non-Party in Affirmative Defense Insufficient to Toll Statute of Limitations as to that Non-Party

In a published decision, the Michigan Court of Appeals has held that mention of a potentially responsible non-party at fault in a class action suit was insufficient as a notice of non-party at fault within the meaning of Michigan Court … Continue reading

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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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