By

Hiro Adachi

Attorneys Richard Joslin and Lindsey Peck Obtain Summary Disposition on Behalf of Shopping Mall Owner

Attorneys Richard A. Joslin and Lindsey A. Peck obtained summary disposition on behalf of a shopping mall owner in a serious personal injury case. The plaintiff was injured when an out-of-control car crashed into a mall store. In addition to suing the driver of the car, the plaintiff sued the store operator, the mall owner and the owner of a neighboring mall which shared the parking lot where the accident occurred. In granting summary disposition to the owner of the neighboring mall, the court held that the neighboring mall owed no duty to the plaintiff and that no duty arose from the easement agreement between the mall owner and its neighbor.

Attorney Scott Pawlak Successfully Obtains Summary Disposition on Behalf of No-Fault Insurer

Attorney Scott J. Pawlak obtained summary disposition on behalf of a no-fault insurer for charges for chiropractor-referred MRIs. The Court agreed with the insurer that, because Michigan’s No-Fault Act did not include MRIs within the scope of “chiropractic care” as of January 1, 2009, no-fault insurers are not required to reimburse for MRIs that have been ordered by a chiropractor. The Court further noted that, because the performance or ordering of an MRI is beyond the scope of chiropractic care, there was no way that such testing could be deemed a “reasonably necessary service.”

Collins Einhorn Obtains Dismissal of Class-Action Complaint

Collins Einhorn Farrell attorneys Theresa M. Asoklis, Michael J. Cook, and Eric M. Kociba obtained dismissal of a class-action complaint claiming that a law firm violated federal and state law. The federal district court agreed that the plaintiffs’ claims, which were based on the interest rate in state-court judgments, were “functionally appeals of state court decisions.” Since federal courts cannot act as an appellate court for state-court judgments, the court lacked jurisdiction and dismissed the plaintiffs’ claims. To read the full outcome, click on the headline.

Attorneys Kyle Dysarz and Deborah Lujan Obtain Summary Disposition for Well-Established Hotel and Restaurant in Unique Premises-Liability Case

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.

Attorney Matthew LaBeau Discusses Use of Claims to Prove/Disprove Damages During Trial at ICLE No-Fault Summit

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.

Court of Appeals Holds Anti-Assignment Clauses Unenforceable, but Healthcare Providers Can Only Recover Benefits One-Year-Back from Date of Assignment

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 Dysarz and Frederick Win Summary Disposition for No-Fault Insurer Based on Statutory “Intentional Act” Defense

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 Kari Melkonian and Lindsey Peck Obtain Summary Disposition in Oakland County Circuit Court

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.

Attorneys Kevin Moloughney and Patrick Walbridge Obtain Summary Disposition on Auto-Negligence Claim

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.

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