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Legal Updates


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In a recent unpublished opinion, the Michigan Court of Appeals held that because the claimant did not establish a new domicile after moving from his grandparents’ home, the trial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to personal injury protection benefits for injuries in an accident, the Michigan Court of Appeals recently ruled in an unpublished opinion.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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16
Jan

Michigan Supreme Court Shifts Premises Owner’s Burden in Hazardous Condition Disputes

Cristy DeVos
The Michigan Supreme Court unanimously held in a December 2016 per curiam opinion that a premises owner is not required to present affirmative evidence that it did not have actual or constructive notice of a dangerous condition on the property. In Lowrey v. LMPS & LMPJ, Inc., the plaintiff an[...]
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28
Nov

Judge Halts Start Date for FLSA Overtime Changes

FLSA Overtime Rule Blocked
The long-awaited and much-debated changes to the Fair Labor Standards Act (FLSA) that were set to be implemented on December 1, 2016 have now been delayed indefinitely.  In a surprising move, the United States District Court in Texas issued a preliminary injunction blocking the changes from taking [...]
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3
Nov

Michigan Court of Appeals Rules That Physician Who Is an Employee of a Party Cannot Demand Expert Witness Fee

Medical Expert Fee
In a recent opinion scheduled for publication, the Michigan Court of Appeals held that a medical doctor who is an owner/employee of a plaintiff medical provider is not entitled to be paid an expert witness fee for his deposition testimony. In Spine Specialists of Michigan, P.C. v. State Farm, Spi[...]
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17
Oct

Upcoming Changes to Federal Overtime Laws Will Impact Millions of Salaried Workers – and Their Employers

FLSA Overtime Rule
Significant changes to the Fair Labor Standards Act (FLSA) are coming that will dramatically increase the number of salaried employees entitled to overtime pay. Despite efforts by the U.S. House of Representatives to push back the start date by six months, employers should act now before the new pro[...]
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14
Oct

Michigan Court of Appeals Foregoes Special Panel to Resolve Bazzi “Innocent Third-Party” Conflict

Bazzi Innocent Third Party Rule
A recent order from the Michigan Court of Appeals declares that, for now, insurers are entitled to rescind no-fault policies where there is fraud in the insurance application and trial courts may grant summary disposition of third-party claims if no genuine issue of material fact exists regarding a [...]
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