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Court of Appeals holds that property owner with unique knowledge of brickwork and home repairs had constructive knowledge of defect in brick steps.

Notice is a common issue in premises liability litigation. If someone is injured on another’s property, the owner is not liable for the injury unless he had notice—whether actual or constructive—of the defect that caused the injury. In Grandberry-Lovette v Garascia, __ Mich App __ (Jan. 2, 2014) (Docket No. 311668), the Court of Appeals…

Michigan’s Recreational Safety Acts

Michigan has a number of so-called “safety” acts that govern recreational activities. They typically define the activity, identify the risks inherent in it, and require proprietors to provide certain warnings. Then they give proprietors some level of protection. That last proposition isn’t as clear as you’d think, given the furor these enactments provoke. The idea…

Brian Einhorn on judicial reform

Collins Einhorn founding member and current president of the State Bar of Michigan Brian D. Einhorn devotes this month’s President’s Page to the subject of judicial reform in Michigan. The full article is available through the Michigan Bar Journal.

The Women’s Bar Association’s charity auction

We were delighted to celebrate the holiday season at the Women’s Bar Association’s 31st Annual Holiday Party and charity auction on December 12, 2013. The Detroit Legal News recently posted this article on the WBA’s holiday party, along with a picture including Collins Einhorn attorneys Melissa Graves and Tonya E. Juarez-Lundberg. Melissa is currently the…

The Court of Appeals holds that a defendant without possession and control of a parking lot is not liable for injuries caused by a pothole

When it comes to premises liability, Michigan parking lot owners are often well-protected by case law. In Isaac v. Standard Parking Corporation (December 12, 2013)¸ the Michigan Court of Appeals addressed the liability of those who are hired to manage those lots. On December 12, 2003, the Isaacs were flying out of Bishop International Airport…

Sixth Circuit holds that an attorney’s reputation shouldn’t be tarnished over a debatable difference of opinion.

In United States v Llanez-Garcia,a federal public defender made an honest mistake. That mistake snowballed into not one but two reprimands from the district court. But the Sixth Circuit recognized the high stakes that disciplinary matters raise for attorneys: “An attorney’s reputation is her most valuable possession. It forms the basis for her peers’ view…

Medical and economic expert testimony: some insights from Clerc

The admission of expert testimony in Michigan is rarely a straightforward matter—yet it can make or break a plaintiff’s case. It is critical, therefore, for litigators to remain up-to-date on Michigan appellate courts’ jurisprudence in this area. Clerc v Chippewa County War Memorial Hospital is the latest entry in this field. In Clerc, the defendants…

Upcoming changes to the Federal Rules of Appellate Procedure

A change to Rule 28 of the Federal Rules of Appellate Procedure aims to make appellate briefs shorter and less redundant. Rule 28 currently requires a “statement of the case” and a separate “statement setting out the facts.” These requirements often seemed arbitrary and frequently resulted in briefs that needlessly restated facts—once in the “statement…

Insurers asserting fraud as a defense to liability under a homeowner’s insurance policy must prove fraud by a preponderance of the evidence, not “clear and convincing” evidence.

In Stein v Home-Owners Insurance Company(October 17, 2013), the Michigan Court of Appeals held that, when an insurance policy contains a clause voiding coverage in the event of fraud by the insured, the insurer need only meet the “preponderance of the evidence” standard rather than “clear and convincing evidence.” The plaintiff in Stein owned a…

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