Attorneys Kevin P. Moloughney and Scott J. Pawlak won summary disposition in Wayne County Circuit Court for defendant insurer in first-party No Fault case. Successfully moved for dismissal of Plaintiff’s entire claim, pursuant to the fraud exclusion of the insurance contract, based on Plaintiff’s fraudulent representations regarding his wage loss claim. More than $650,000 in first-party benefits were extinguished as a result of the decision.
On Thursday, April 27, 2017, 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 “Homeward Bound: The Rise of Household Exposure Claims in Asbestos Litigation.” He will be joined by Christine D. Calareso, Esq. (Selman Breitman LLP) and Elizabeth Sorenson Brotten, Esq. (Lind Jensen Sullivan & Peterson).
Information covered will include a review of scientific literature on take-home exposures, the latest decisions on the existence of a legal duty in various jurisdictions, understanding the impact of exposure assessment experiments to measure take-home exposure potential from chrysotile asbestos fibers, and using the findings to take effective depositions.
Attorneys Kevin P. Moloughney and Kari L. Melkonian won summary disposition in favor of a paving contractor in a wrongful death action arising out of a slip and fall in a commercial parking lot. Plaintiff’s decedent allegedly slipped and fell on ice in the parking lot and died as a result of his injuries. The Court dismissed the plaintiff’s claims against the paving contractor finding that plaintiff failed to present evidence that the decedent’s death was caused by any wrongdoing or negligent act of this defendant.
Collins Einhorn Farrell PC is pleased to announce that attorney Andrew J. Huige has joined the firm’s Professional Liability practice group. Mr Huige will be focusing his practice on the defense of claims asserted against a wide variety of professionals, including attorneys, health care professionals, real estate agents, and accountants. Before joining Collins Einhorn, Huige worked at a major law firm based in Virginia where his practice focused on complex business and contract disputes, intellectual property, real estate, litigation, and appeals. More recently, Huige practiced with a boutique litigation firm in Detroit specializing in the late stage defense and trial of complex high-risk claims in state and federal courts in jurisdictions throughout the United States. Huige is dedicated to achieving cost-effective client results by honing in on critical factual and legal issues early in cases and focusing discovery and aggressive motion practice in these areas.
Attorneys Kari Melkonian and Jonathan Koch won summary disposition in favor of a tenant in a premises liability action for injuries arising out of an alleged malfunction of automatic sliding doors at the entrance of a grocery store. The Court dismissed plaintiff’s complaint against the store finding that the door was not defective and that the store lacked notice of any potential hazard. The Court also found that the claim was barred under the open and obvious doctrine.
Plaintiff filed a 21 count complaint in Oakland County Probate Court. Attorneys David C. Anderson and Jonathan B. Koch filed a Motion for Summary Disposition and the Court dismissed their client, an international accounting and investment banking firm, from the case.
Collins Einhorn Farrell PC is pleased to announce that attorney James J. Hunter has joined the firm’s Professional Liability practice group. Mr. Hunter will focus his practice on the defense of claims against a wide variety of professionals, including attorneys, health care professionals, dentists, and accountants. Before joining the firm, Mr. Hunter worked on complex litigation and Federal white-collar criminal defense. He has experience representing business clients in healthcare fraud cases, wire and mail fraud, insider trading, antitrust investigations, and many high-profile cases including the Flint Water Crisis. Additionally, Mr. Hunter served as an Assistant Prosecuting Attorney in Wayne County, Michigan.
Won summary disposition in Michigan’s Third Circuit Court in a premises liability and public/private nuisance case on the grounds of an open and obvious hazard and failure to state a claim. Plaintiff failed to sufficiently refute Defendant’s evidence that the liquid she slipped on was open and obvious, and she failed to properly plead the elements of either a public or private nuisance. (Initially denied by trial court; peremptorily reversed on all counts by the Michigan Court of Appeals. Docket No. 335710.) Click on headline for full case details.
Due to continued growth, Collins Einhorn Farrell PC is seeking to add to its Insurance Coverage practice group. Qualified candidates will have 3 to 7 years of litigation experience including significant insurance coverage experience; property insurance coverage is a plus. Qualified candidates are invited to submit their resume, writing sample and law school transcript. The firm provides an excellent benefit package, salary is commensurate with experience. For link to our formal application form and email instructions, visit our Careers Page.
A Wayne County jury returned a no-cause-of-action verdict in favor of a no-fault insurer on January 19, 2017. Plaintiff was an occupant of an automobile insured by defendant that was involved in an accident on May 14, 2014. Defendant, represented by Collins Einhorn Farrell PC attorney Kyle N. Smith, argued that the expenses and benefits claimed by plaintiff were not related to the automobile accident. After almost two hours of deliberation, the jury returned its verdict. Click on headline for full details.