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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.

Attorneys Moloughney and Wojno Win Summary Disposition in First-Party No-Fault Case

Attorneys Kevin P. Moloughney and Charles W. Wojno won a summary disposition in a Genesee County Circuit Court in first-party no-fault benefit case. Plaintiff claimed benefits arising out of a motor vehicle accident, including medical expenses, lost wages, and household services. Plaintiff was employed as a chiropractor at his wife’s chiropractor business, and treated with his wife following the accident. The documentation submitted by Plaintiff in support of his claims exposed fraud in his claim for lost wages and household services. A motion for summary disposition was filed on behalf of the insurer arguing plaintiff’s claims were fraudulent under the Michigan Court of Appeals case Bahri v IDS Property Casualty Insurance Co., 308 Mich App 420 (2014) The Court agreed and dismissed Plaintiff’s claims.

Attorneys Pawlak and Moloughney Win Summary Disposition for Insurer in First-party No Fault Case

Attorneys Scott J. Pawlak and Kevin P. Moloughney won summary disposition in Wayne County Circuit Court for insurer in first-party No Fault case. The Court agreed with defendant insurer that a Plaintiff daughter’s claim under her mother’s automobile insurance policy that had been previously rescinded was barred by the collateral estoppel and collateral attack doctrines. The Court further found that there was no factual development that could result in PIP coverage under the policy, and Plaintiff’s claims were therefore dismissed with prejudice.

Detroit Free Press Names Collins Einhorn Farrell a Top Workplace National Standard

Collins Einhorn Farrell PC is pleased to announce that we have been honored as a 2016 Top Workplaces National Standard by The Detroit Free Press. The list includes the best places to work in the State of Michigan, of which only 135 companies achieved the level of National Standard. Collins Einhorn was only one of ten law firms in the state to receive this distinction.

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