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Legal Updates

28
Sep

Michigan Court of Appeals Finds Covenant Is Retroactive, Barring Many Provider Lawsuits Filed Before Its Release

A recent opinion from the Michigan Court of Appeals may clear up much of the ambiguity surrounding the applicability of the Michigan Supreme Court’s 2015 decision in Covenant Med Ctr, Inc v. State Farm Mut Ins Co. In W.A. Foote Memorial Hospital v. Michigan Assigned Claims Plan, Zoie Bonner was[...]
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26
Sep

Overtime Pay Requirements – The State of the Law Today

FLSA Overtime Rule
We reported previously about a November 22, 2016 preliminary nationwide injunction issued by Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas, blocking the Department of Labor from implementing changes to the Fair Labor Standards Act (FLSA) that were due to take effect[...]
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19
Sep

Michigan Court of Appeals Addresses Third-Party Beneficiary Theory in No-Fault Actions

Kyle Warwick
A recent decision from the Michigan Court of Appeals offers no-fault insurers reassurance in litigating and resolving third-party reimbursement claims. In Michigan Head & Spine Institute, P.C. v. Blue Cross Blue Shield of Michigan, Bryan Croteau was involved in a serious truck-motorcycle acci[...]
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21
Aug

Michigan Supreme Court to Consider Expanding Threshold Requirements for Expert Testimony in Developing Areas of Science

Laura Van Hyfte
Litigants may soon have additional guidance when assessing and attacking the qualifications of experts who seek to testify on lesser-known but developing areas of science under Michigan Rule of Evidence 702. In Walters v Falik, the Michigan Supreme Court granted oral arguments on a handful of evi[...]
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18
Aug

Proof of a Guaranteed Job Is Necessary for Insured to Recover No-Fault Wage Loss Benefits

Gregory D. White
An insured who makes a claim for no-fault personal injury protection benefits under an automobile insurance policy must prove he had actual guaranteed work to survive an insurer’s motion for summary disposition, the Michigan Court of Appeals recently held in an unpublished opinion. In Hatfield [...]
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11
Aug

Michigan Court of Appeals Decision Addresses Priority of Coverage Based on Insurer’s Proof of Insured’s Domicile

John Gilliam
In a recent unpublished opinion, the Michigan Court of Appeals held that because the claimant did not establish a new domicile after moving from his grandparents’ home, the trial court properly granted summary disposition when it held that the grandparents’ insurer was in higher priority and res[...]
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31
Jul

New Administration Equals New Rules for So-Called “Joint Employers”

ZAC Andrea Johnson
After only six months since the President took office, the Trump Administration has had a large impact on redefining the “joint employer” relationship that was slowly expanded during the Obama Administration. The end result is a potentially sweeping change over an area previously riddled with li[...]
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27
Jun

Unlicensed Driver Injured on Drug Run May Be Eligible for No-Fault Benefits

Michigan No-fault law
An unlicensed motorist who was driving a vehicle that did not belong to him in order to illegally purchase drugs may be entitled to personal injury protection benefits for injuries in an accident, the Michigan Court of Appeals recently ruled in an unpublished opinion. In Macklis v. Farm Bureau Ge[...]
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28
Apr

Michigan Supreme Court Rules Medical Providers Can Satisfy No-Fault Notice Requirement by Submitting Bills and Records

Michigan No-Fault Law
In a recent opinion, the Michigan Supreme Court clarified, and eased, the written notice necessary under the No-Fault Act. The Court held in Perkovic v. Zurich American Insurance Co. that a medical provider’s submission of medical records and bills to the insurer, which did not contain reference t[...]
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30
Mar

Michigan Supreme Court Rules on Legal and Logical Relevance of Medical Malpractice Evidence and Timeliness of Medical Expert’s Board Certification

Medical Expert Witness
The Michigan Supreme Court recently ruled in Rock v. Crocker on two unique evidentiary issues arising within a medical malpractice context – admissibility of standard-of-care evidence and qualification of an expert witness. In September 2008, the plaintiff in Rock sought treatment from the defe[...]
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