Attorneys Kyle M. Dysarz and Deborah A. Lujan recently obtained summary disposition in favor of a well-established Ann Arbor hotel and restaurant based upon its lack of notice in a unique premises-liability case. For full details, click on the headline.
Defense-litigation attorney Matthew S. LaBeau of Collins Einhorn Farrell PC recently spoke on Using the Claims File to Prove and Disprove Damages at Trial at the fifth annual ICLE No-Fault Summit. He was joined by plaintiff attorney Adrienne D. Logeman of Logeman Iafrate & Logeman PC. Matt provided an in-depth perspective on how to effectively document the claim file, avoid claims for interest and attorney fees, and bolster the defense through strategic use of the claim file in discovery and at trial.
For a full outline of Matt’s presentation, email him at Matthew.LaBeau@ceflawyers.com.
On May 8, 2018, the Michigan Court of Appeals issued a published opinion addressing two legal issues that have been hotly contested in the wake of last year’s Covenant v State Farm decision, which held that healthcare providers do not have a statutory basis to sue no-fault insurers for personal protection insurance (“PIP”) benefits under the Michigan No-Fault Act. To read further details, click on the headline.
Attorneys MaryRachel Dysarz and Lauren Frederick obtained summary disposition of a $641,361.09 claim for no-fault benefits, based on the statutory “intentional act” defense of MCL 500.3105(4). The Court found that the plaintiff’s intent to kill himself was so evident that not even his blood-alcohol level or testimony from his psychiatry expert regarding his impaired cognitive functioning could defeat summary disposition. For full details, click the headline.
Attorneys Colleen H. Burke and Peter J. Tomasek recently obtained summary disposition in the United States District Court for the Eastern District of Michigan on behalf of their fast-food franchisor client. The plaintiff alleged that Burke and Tomasek’s client was liable for negligent hiring and inflicting emotional distress because of an altercation with the client’s employee. Burke and Tomasek argued that their client did not owe plaintiff an actionable duty and that the employee’s conduct did not meet the “extreme and outrageous” standard for purposes of the emotional-distress claim. The Court agreed and dismissed plaintiff’s claims before the close of discovery.
Attorneys Kari L. Melkonian and Lindsey A. Peck won summary disposition in favor of a snow-removal company in a slip-and-fall case. The Court dismissed the plaintiff’s claims against the defendant, holding that the defendant didn’t owe the plaintiff a separate duty. The Court also granted the snow-removal contractor’s motion for summary disposition on a third-party complaint filed against its subcontractor. The Court found that, under the terms of the snow-removal subcontract, the subcontractor owed the contractor and property owner both defense and indemnification.
Collins Einhorn attorneys Kevin P. Moloughney and Patrick J. Walbridge won summary disposition on a third-party auto-negligence claim, based on the plaintiff’s failure to prove that he suffered an objectively manifested impairment of an important body function. The Court agreed that the medical records relied on by the plaintiff only demonstrated subjective complaints, which were insufficient to meet the serious impairment threshold imposed by the Michigan No-Fault Act.
Attorneys Matthew S. LaBeau and Peter J. Tomasek obtained summary disposition in Calhoun County Circuit Court in a lawsuit for first-party, no-fault benefits. A hospital claimed that, under an assignment clause in the hospital’s consent-for-treatment form and the hospital’s fee agreement with Cofinity/PPOM, it had standing to claim over $400,000 in no-fault benefits. The Court rejected this argument, finding that the assignment was invalid and that the Cofinity/PPOM agreement didn’t give the hospital standing. The Court dismissed the case in its entirety.
On Monday, April 17, 2018, attorney Kellie L. Howard-Goudy will be speaking at the Risk Management Society, RIMS, Annual Conference in San Antonio, Texas. Ms. Howard-Goudy will speak at one of the conference’s “innovation hubs,” which are focused on cutting-edge developments in topics related to risk management. Ms. Howard-Goudy’s session is entitled Autonomous Vehicles: The Present, the Future, and Insurable Risks. The presentation contains a detailed analysis of technical developments in the autonomous-vehicle industry and an outline of risk issues affecting insurers. Ms. Howard-Goudy will be joined by Timothy D. Crawley, Esq. (Anderson, Crawley & Burke, PLLC) who will discuss current regulatory efforts in the autonomous-vehicle industry. Information covered will include emerging issues with data privacy and ethical issues related to artificial intelligence.
On Friday, April 27, 2018, attorney Rick Braun will be speaking at the Environmental and Emerging Claim Manager Association Annual Conference, to be held in Orlando, Florida. The session is entitled “WARNING: This Subject Contains a Discussion of Chemicals Known to Cause Cancer – Proposition 65 and Labeling Laws: Who Actually Benefits in the Age of Over-Warning?” He will be joined by Christine D. Calareso, Esq. (CMBG3 LLC) and Ryan Landis, Esq. (Polsinelli).
Information covered will include a review of California’s Prop 65, the trend toward similar laws in other jurisdictions, and how to combat and prevent claims related to labeling and warnings.