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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…

The Michigan Court of Appeals applies a property insurance policy’s residence requirement, and rejects waiver and estoppel arguments

In Null v. Auto-Owners Insurance Company, the Court of Appeals concluded that an insurer properly denied coverage based on the insured’s violation of a residence requirement, even though evidence suggested that the insurer knew the named insured had changed his address. The plaintiff and her late husband were buying a home from the plaintiff’s brother-in-law,…

Recent victories for Collins Einhorn’s appellate attorneys

Collins Einhorn’s appellate department has had a number of significant victories in the past week. Noreen Slank and Geoff Brown obtained an opinion from the Michigan Court of Appeals that reversed a $1.2m judgment and remanded for entry of summary disposition in the client’s favor. Noreen also secured a win in favor of an attorney-client…

Brian Einhorn sworn in as 79th president of the State Bar of Michigan

Brian D. Einhorn, a founding member of Collins Einhorn, was sworn in as the 79th president of the State Bar of Michigan on September 19, 2013. Brian has been practicing law for over forty years and focuses his practice on professional liability defense, including the defense of legal malpractice actions. He also defends lawyers and…

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