John S. McPhee

02/27/2020
John S. McPhee
Attorney

John S. McPhee

Attorney

John S. McPhee

Summary

John focuses his practice primarily on Michigan No-Fault insurance defense. He represents insurers and individuals in all aspects of Michigan No-Fault law. He has broad experience in handling cases from the initial lawsuit phase through trial. John also has extensive experience in first chair trial experience. In addition, he has also had excellent results in representing clients in facilitation and binding arbitration. John has also argued in the Michigan Court of Appeals. Before practicing insurance defense, John had years of experience in representing plaintiffs and in trying dental and medical malpractice cases throughout Michigan.


Credentials

Education
  • Wayne State Law School (J.D., 2002)
  • Wayne State University (B.A., 1995)
Admissions
  • State Bar of Michigan
  • U.S. District Court, Eastern District of Michigan
Professional Activities
  • Macomb County Bar Association
  • Macomb County Defense Case Evaluator
Prominent Outcomes

Won a motion for summary disposition in the 15th District Court dismissing plaintiff provider’s complaint with prejudice based on prior binding arbitration agreement with the patient. The court agreed that the provider’s claims were included in the arbitration despite an assignment of benefits from the patient. (April 2020)

Won a motion dismissing plaintiff provider’s complaint claiming $303,500 in outstanding bills in Macomb County Circuit Court for repeated discovery order violations. No appeal taken. (May 2019)

Won a motion for summary disposition in the Wayne County Circuit Court dismissing plaintiff’s bodily injury complaint with prejudice. (October 2018)

Won a motion for summary disposition in the 44th District Court dismissing plaintiff provider’s claims with prejudice. (June 2018)

Won a motion for summary disposition in Oakland County Circuit Court where plaintiff sought policy limits on a third party bodily injury claim. (March 2018)

Won a motion for summary disposition in the 46th District Court where plaintiff provider sought reimbursement for medical bills allegedly related to a motor vehicle accident. The District Court ruled that policy language provisions prevented recovery. (February 2018)

Won an appeal to the Wayne County Circuit Court reversing a District Court Order denying insurer’s motion for summary disposition. The Circuit Court granted John’s leave to appeal and remanded to the District Court for entry of an Order granting insurer’s motion for summary disposition. (January 2018)

Won a motion for summary disposition in Wayne County Circuit Court. The motion was predicated upon false and fraudulent testimony elicited from plaintiff during deposition testimony. (September 2017)

Won a motion for summary disposition dismissing plaintiff’s bodily injury claims based upon evidence proving a lack of negligence on the part of the insured defendant. Plaintiff sought $750,000 in damages. (September 2017)

Successfully won a motion for summary disposition in the 46th District Court on a no-fault provider action seeking payment of medical bills. The motion was based upon insurance policy language. (July 2017)

Won a motion for summary disposition in Wayne County Circuit Court dismissing plaintiff’s complaint based upon plaintiff’s fraudulent misrepresentations made by plaintiff during sworn deposition testimony. Plaintiff and a provider sought more than a combined $200,000 in benefits. (May 2017)

Won a motion for summary disposition in the Wayne County Circuit Court dismissing plaintiff’s bodily injury claims with prejudice. Questioning of plaintiff at deposition revealed no appreciable difference in plaintiff’s pre and post-accident lifestyle. Plaintiff sought policy limits at case evaluation. (July 2016)

Co-trial counsel won a no cause of action verdict for defendant insurer after a bench trial the Wayne County Circuit Court. Plaintiff claimed benefits of more than $400,000 in damages. (December 2015)

Won a reversal of the Wayne County Circuit Court after argument in the Michigan Court of Appeals on behalf of insurer. The case involved an insurance dispute over the “one-year back rule”. The trial court ruled that John’s client was responsible for no-fault benefits. John successfully argued in the Court of Appeals that the trial court misapplied the applicable statute, and that another carrier was responsible for no-fault benefits. The Court agreed and remanded the case back to the Circuit Court for entry of summary disposition for. (August 2015)

Successfully won in the Michigan Court of Appeals in reversing the Wayne County Circuit Court order denying the insurer’s motion for summary disposition. The motion was based on plaintiff’s material misrepresentations in applying for the policy of insurance. John argued that the policy was void, as plaintiff was untruthful in applying for the policy. The Court of Appeals agreed and reversed and remanded the case back to the Circuit Court for further proceedings consistent with its order. (April 2013)

 

What Did You Say? A Claim for Defamation in the Internet Age

In Redmond v Heller, ___ Mich App ___; ___ NW2d ___ (2020) (Docket No. 347505), the Michigan Court of Appeals held that several statements made on the internet about a funeral home and its staff constituted defamation per se. In other words, the internet isn’t quite the freewheeling “Wild West” as is often depicted. You…

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