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Natatorium Law

Well, not exactly natatorium law. But the indoor swimming pool at the Sherman Lake YMCA completed in 1999 now has four published contractual indemnity appellate opinions to its credit and threatens to become a legal subspecialty. In 2009, the Court of Appeals held the lawsuit was time-barred based on application of the statute of repose…

Moloughney and Smith Obtain Summary Disposition for Insured Client in Wayne County Circuit Court

Attorneys Kevin Moloughney and Kyle Smith obtained summary disposition for their insured client in the Wayne County Circuit Court. Plaintiff contended that the client negligently hired a contractor to perform excavation around the client’s home. The excavator became trapped in a collapsed ditch and plaintiff, a Grosse Pointe Shores Department of Public Safety officer, responded…

The attorney-client privilege can come with a price

The attorney-client privilege is one of the oldest and most revered evidentiary privileges in our legal system. But as the Michigan Court of Appeals recently held in Odeh v Auto Club Insurance Association, assertion of this privilege is not always without cost. The plaintiff in Odeh was in a car accident in 1998 and sustained…

Integration clauses and collateral matters

Integration clauses in contracts for the sale of property are not always a guarantee against later claims of fraud, as shown by the Court of Appeals’ recent opinion in Jenson v. William B. Gallagher Revocable Trust. The Jensons purchased real estate near Dewey Lake in Silver Creek Township, Michigan. They claimed that, while viewing the…

Michigan Court of Appeals rejects slip-and-fall claim based on speculative theory

The open and obvious doctrine is straightforward: plaintiffs cannot recover for injuries from hazards that a reasonable person could have seen, unless those hazards were unavoidable or especially dangerous. This logic undermines most slip-and-fall claims based on snow and ice. As the Michigan Supreme Court put it (perhaps somewhat sarcastically) inHoffner v. Lanctoe, “Michigan, being…

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