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Hiro Adachi

Attorneys Moloughney and Pawlak Obtain Summary Disposition in First-Party No-Fault Case

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.

Court Grants Motion for Summary Disposition in Oakland County Circuit Court in Wrongful Death Claim

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.

Court Grants Motion for Summary Disposition in Washtenaw County Circuit Court in Premises Liability Claim

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.

Attorney James J. Hunter Joins the Firm’s Professional Liability Group

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.

Attorney Kyle N. Smith Obtains No-Cause Verdict for Insurance Company

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.

Attorney Kevin P. Moloughney to Receive 2017 Leader in the Law Award

Kevin P. Moloughney has been named a 2017 Leader in the Law by Michigan Lawyers Weekly. Moloughney is known not only for his knowledge of the law, but also his commitment to pursuing his clients’ positions with vigor, and professionalism. He is one of 30 distinguished lawyers who were chosen to receive this prestigious award. A shareholder at Collins Einhorn, Moloughney has successfully defended personal injury and property damage claims for over two decades, including those involving first- and third-party automobile claims, product liability, premises liability, construction site liability, professional liability, fire loss, construction defect and consumer law claims. He also maintains an active practice litigating insurance coverage disputes.

Court Grants Motion for Summary Disposition in Oakland County Circuit Court in Premises Liability Claim

Attorneys Deborah A. Lujan and Kari L. Melkonian won summary disposition in favor of a tenant and property owner in a premises liability action arising out of a slip and fall in a commercial parking lot. The Court dismissed plaintiff’s complaint against the tenant finding that the cause of the fall was completely speculative and that the tenant lacked notice of any potential hazard. The claim against the property owner was dismissed because it did not have possession and control of the premises.

Attorney Brian D. Einhorn Successfully Represents Attorney Against Law Firm Claim

Attorney Brian D. Einhorn represented an attorney who obtained a multi-million dollar settlement in a product-liability action. Another law firm claimed that it contributed to the settlement and demanded a $550,000 share of the attorney’s $1.8 million fee. Mr. Einhorn defended the attorney against the law firm’s claim. The law firm was ultimately awarded less than a quarter of its demand.

Attorneys Frederick and Catrinar Successfully Argue Motion for Summary Disposition Against Medical Providers

Attorneys Lauren A. Frederick and Brian A. Catrinar successfully argued motion for summary disposition against medical provider (Medical Rehabilitation Physicians, Comprehensive Rx and Infiniti Labs [Reed] v Auto-Owners Insurance Company). Medical providers filed suit against a defendant-insurer in Macomb County Circuit Court for breach of contract, civil conspiracy, silent fraud and conversion, claiming that the defendant-insurer wrongfully included the providers’ bills in a settlement in an underlying action involving the alleged injured party. The defendant-insurer filed a motion for summary disposition in lieu of an answer arguing that the bills were barred by the one-year-back rule and res judicata, and that the tort claims were nothing more than disguised claims for no-fault benefits. Judge Jennifer Faunce agreed with the defendant-insurer’s arguments in totality and dismissed the providers’ case with prejudice.

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