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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…

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