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“Open account” and “account stated” claims are independent causes of action with their own statutes of limitations

Collections actions involving the sale of goods often include two varieties of “account” claims in addition to traditional breach of contract theories: “account stated” and “open account.” Generally, an account stated claim alleges the failure to pay an agreed-upon balance, while an open account claim alleges an agreement to hold open a line of credit…

Michigan Court of Appeals tells attorneys: You too can appeal a fee award!

It isn’t unusual for a trial court to order one party to pay another party’s attorney fees at the end of litigation. There are several court rules and statutes that require such orders. But when attorney fees are awarded, the question quickly becomes “how much?” When the trial court awards less than what the party…

Three Collins Einhorn attorneys named “Detroit Lawyers of the Year” by 2014 “Best Lawyers”

Three Collins Einhorn attorneys were honored by 2014 Best Lawyers as “Detroit Lawyers of the Year” in their practice areas. Attorneys listed in Best Lawyers are selected based on peer reviews. Those lawyers honored as “Lawyers of the Year” have received especially high ratings from their peers for their skill, professionalism, and integrity. Michael Sullivan,…

Ten Collins Einhorn attorneys listed in 2014’s “Best Lawyers in America”

Ten Collins Einhorn attorneys were selected by their peers for inclusion in 2014’s Best Lawyers in America: David C. Anderson (legal malpractice law and professional malpractice law) Theresa M. Asoklis(professional malpractice law) Donald D. Campbell (ethics and professional responsibility law) Timothy F. Casey(insurance law) Brian D. Einhorn(legal malpractice law, professional malpractice law, product injury litigation,…

The Michigan legislature violated the state constitution by altering public employee compensation without input from the Civil Service Commission

The Michigan legislature cannot change public employees’ compensation without input from the State Civil Service Commission. Pension contributions are part of an employee’s compensation. Consequently, the Michigan legislature violated Michigan’s Constitution by altering pension contributions for public employees without input from the Commission. This, in a nutshell, was the Court of Appeals’ conclusion in Michigan…

An insurance agent assumes greater liability by providing advice about insurance coverage

When an insurance agent steps out of his or her traditional role of “order-taker” into that of insurance advisor, a special relationship is formed in which the agent assumes additional duties to the customer — and greater potential liability. In Zaremba Equipment, Inc. v. Harco National Insurance Company (2013), an insurance agent acquiring a policy…

Landlords owe duty to reasonably expedite police involvement

In Bailey v Schaaf, released July 30, 2013, Michigan’s Supreme Court considered the liability of a landlord who hired a security guard company whose guards busied themselves handling an intoxicated person and allegedly ignored a report about someone brandishing a gun and threatening to kill. Bailey was shot and seriously injured. The trial court granted…

“Value of life” testimony as junk science: a new article by Trent Collier

Trent Collier‘s article How Much Are You Worth? Value-of-Life Testimony and Its Evidentiary Challenges appears in the Summer 2013 Negligence Law Section Newsletter and is scheduled for publication in an upcoming issue of Claims Management Magazine. The article discusses expert testimony on “hedonic damages,” where some economists claim to measure the monetary value of human…

One certified insurance policy is enough to qualify for PIP benefits

Automobile insurers authorized to conduct business in Michigan must file a written certification stating that its non-resident insureds are covered by personal protection or “PIP” insurance. A “nonadmitted” insurer—one that is not authorized to sell insurance in Michigan—may file this certification voluntarily. These certifications can affect entitlement to benefits: an injured person is not entitled…

Collins Einhorn in the MDTC Quarterly

Collins Einhorn is well-represented in the April 2013 issue of the MDTC Quarterly, published by the Michigan Defense Trial Counsel. Geoffrey M. Brown authored the Medical Malpractice Report. Trent B. Collier, along with Dickinson Wright PLLC attorney Phillip J. DeRosier, authored the Appellate Practice Report. Michael J. Sullivan and David C. Anderson wrote the Legal…

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