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Legal Updates


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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23
Jun

Recent Opinion Confirms Right to Rescind No-Fault Policies Acquired through Fraud

zausmer august caldwell
In Bazzi v Sentinel Ins Co, a published decision, the Michigan Court of Appeals recently confirmed that the so-called “innocent third-party” rule did not survive the Michigan Supreme Court’s decision in Titan Ins Co v Hyten, which held that insurers can rescind policies due to fraud in the ins[...]
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17
Jun

Michigan Supreme Court Addresses Issues of Bad Faith Relative to Jurisdictional Thresholds

Bad Faith Lawsuit
In a unanimous ruling, the Michigan Supreme Court recently held in Hodge v. State Farm that absent evidence of bad faith, the jurisdiction of a state district court is based on the allegations raised in the pleadings, not evidence developed in pre-trial discovery proceedings or at trial. In Michi[...]
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10
May

Employers, Does Your Employee Handbook Violate the National Labor Relations Act?

Employee handbook
A recent National Labor Relations Board decision appears to dramatically expand the interpretation and application of certain provisions of the National Labor Relations Act (“NLRA”) to handbook provisions and actions taken by non-union employers – with significant potential consequences for em[...]
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14
Apr

Michigan Court of Appeals Clarifies “Open and Obvious” Defense in Premises Liability Cases

Open and Obvious Danger
Two recent unpublished opinions from the Michigan Court of Appeals provide further clarification for premises liability cases as to what risks might be considered “open and obvious” and when those risks might contain a special aspect. In Shammout v. Kalamazoo Jaycee, et al., the court held th[...]
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