This matter originated out of a scheme by a towing company in Clio, Michigan that involved hundreds of fraudulent requests for towing services. After a pre-suit investigation by the insurance carrier, it was determined that several long distance tows never occurred based on the duration of service, the vehicle never making it to the alleged…

In a previous post, we addressed statutory amendments concerning the architectural-malpractice limitation period, which the Legislature enacted in response to a 2006 Supreme Court decision that pegged both the statute of limitation and the statute of repose at six years. The six-year statute of repose lived on, but the Legislature amended MCL 600.5805 to place…

There’s no shortage of decisions addressing the requirement of expert testimony in legal and medical-malpractice cases. But decisions addressing the requirement of expert testimony in accounting-malpractice cases are few and far between, as we noted in a couple previous posts (which can be accessed here and here). CEF attorneys hope to change that and recently made some…

There’s no shortage of decisions addressing the requirement of expert testimony in legal and medical-malpractice cases. But decisions addressing the requirement of expert testimony in accounting-malpractice cases are few and far between, as we noted in a couple previous posts (which can be accessed here and here). CEF attorneys hope to change that and recently…

Collins Einhorn Farrell is pleased to announce that attorneys Chelsea E. Pasquali, James J. Hunter, Jeffrey R. Hicks, Margaret A. Cernak, and Lindsey A. Peck have been elected partners in the firm. All five new partners have earned their promotions through their dedication to the best interests of our clients, and the firm.” said firm…

Collins Einhorn attorneys recently prevailed on behalf of client, a Detroit restaurant, who was the defendant in a premises liability case. Plaintiff was attending a private party at the restaurant when a speaker fell and struck plaintiff. In the trial court, attorneys Melissa E. Graves and Jeffrey R. Hicks argued that plaintiff’s premises-liability claim failed since there was no…

The Fair Debt Collection Practices Act contains a one-year statute of limitations, which runs from “the date on which the violation occurs.” While straightforward as written, federal circuits have been split on whether the limitation period could be tolled by the discovery rule. The Sixth Circuit has repeatedly danced around the issue, without ruling one…

The Fair Debt Collection Practices Act was originally passed to curb abusive and deceptive conduct on the part of debt collectors. But in practice, the FDCPA has become a tool used by enterprising consumer-credit attorneys to collect legal fees for technical violations, even when no actual harm occurred. That’s because the FDCPA mandates statutory damages,…

You’ve probably seen some technical pitfalls. Maybe a lawyer unwittingly hit the “reply all” button. Or perhaps a lawyer failed to realize that his electronic redaction of privileged communication could be undone by a simple “copy and paste.” Others have noticed, too. In 2012, the American Bar Association amended Model Rule of Professional Conduct 1.1…

Previously, under the Sixth Circuit’s decision in Glazer v. Chase Home Financial LLC, Michigan lenders and attorneys who sought non-judicial foreclosures were treated like any other “debt collector” under the FDCPA. This meant that even if the lender or attorney sent an initial communication required by statute, that communication also had to contain the “mini-Miranda”…

Suppose you’re an architect hired to design a new condominium development in a township. The township approved your plans, and the development is built and occupied more than three years ago.  Four years go by since you stopped providing services without a whisper of a problem. But then your firm is served with a lawsuit…

Fair Debt Collection Practices Act; Attorneys Class-action attorneys often use the Fair Debt Collection Practices Act (FDCPA) as a tool to turn minor, technical violations into substantial settlements. Chief among these tools are omissions of the “Notice of Debt” requirements—statements so ubiquitous that they’ve been nicknamed “Mini-Miranda” notices. Under the FDCPA, a debt collector’s initial…

We are pleased to announce that attorney Jeffrey R. Hicks has joined the firm’s Professional Liability practice group. Hicks will focus his practice on professional liability defense. He has vast litigation experience, including all phases of the litigation process. He also has experience in preparing and successfully arguing motions for summary disposition and appeals on behalf of clients. In addition to his current professional liability work, Hicks has also handled auto/negligence liability, complex real property litigation, commercial litigation, and pharmaceutical liability defense. Click on the headline to read more.