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Case Outcomes

Attorneys Pawlak and Moloughney Win Summary Disposition for Insurer in First-party No Fault Case

Attorneys Scott J. Pawlak and Kevin P. Moloughney won summary disposition in Wayne County Circuit Court for insurer in first-party No Fault case. The Court agreed with defendant insurer that a Plaintiff daughter’s claim under her mother’s automobile insurance policy that had been previously rescinded was barred by the collateral estoppel and collateral attack doctrines. The Court further found that there was no factual development that could result in PIP coverage under the policy, and Plaintiff’s claims were therefore dismissed with prejudice.

Attorneys Pawlak and Moloughney Obtain Summary Disposition in No-Fault Automobile Claim

Attorney Scott J. Pawlak and Kevin P. Moloughney won a Summary Disposition in Wayne County Circuit Court, successfully obtaining rescission of a No-Fault Automobile Policy. The Court agreed with the defendant that the insured’s fraudulent representations in the application process were material, and the insurer was therefore entitled to rescind its policy.

Attorney Richard A. Joslin Obtains Motion for Summary Disposition for Home Health Agency

Attorney Richard A. Joslin won a motion for summary disposition in favor of his client, a home health care agency in this case alleging liability for a sexual assault committed by the agency’s former employee. Plaintiff had engaged the agency to provide nurses to care for plaintiff’s disabled son. One evening, after the nurse’s shift had ended and she had left for the day, the nurse returned and assaulted plaintiff. The nurse was later convicted of assault and the plaintiff sued the agency on a number of theories. The court dismissed the action on all theories.

Court Grants Motion for Summary Disposition in Oakland County Circuit Court for Urgent Care Facility Sued in Medical Malpractice Case

Attorneys Richard A. Joslin and Trent B. Collier won a motion for summary disposition in favor of their client, an urgent care facility, in this medical malpractice case. The plaintiff’s husband was seen at the urgent care center and as part of the work-up there, received an x-ray. The x-ray was interpreted by an independent contractor radiologist. After plaintiff’s husband died, she sued alleging that a number of physicians and entities were negligent in failing to property diagnose her husband. The court dismissed the action as to the urgent care center, holding that the radiologist was neither the actual nor ostensible agent of the urgent care center.

Attorneys Lujan and Melkonian have successful hearing result in OCCC for non-profit animal rescue organization

Attorneys Deborah A. Lujan and Kari L. Melkonian obtained a preliminary injunction on behalf of a non-profit animal rescue organization in a dispute over a boundary line. After a two-day evidentiary hearing, the Court found that the organization has a likelihood of success on the merits and entered an injunction against the neighboring business from interfering with the client’s use of the disputed portion of the property.

Court Grants Motion for Summary Disposition in Oakland County Circuit Court in Residential Construction Defect Claim

Attorneys Kevin P. Moloughney and Kari L. Melkonian obtained partial summary disposition in favor of construction company in a construction defect claim. Plaintiffs brought claims of common law and statutory conversion as well as promissory estoppel against the general contractor of the project. The Court dismissed these claims with prejudice finding that they were unsupported by the law or the facts of the case.

Court Grants Motion for Summary Disposition in Oakland County Circuit Court in Claim for Nuisance and Injunctive Relief

Attorneys Deborah A. Lujan and Kari L. Melkonian obtained summary disposition in favor of defendant homeowners involved in a dispute with their neighbors over alleged ordinance violations. The Court found that the plaintiffs failed to come forward with any admissible evidence to support the alleged violation. The Court further explained that the plaintiffs lacked standing to enforce the subject ordinance as the township, which found no actionable violation, is the only entity with authority to enforce its ordinances.

Summary Disposition Granted in Favor of Snow Removal Contractor on Primary and Third-Party Complaints in Macomb County Circuit Court

Attorney Kari L. Melkonian won summary disposition in Macomb County Circuit Court for a snow removal contractor in a premises liability case arising out of a slip and fall at a condominium complex.

Court Grants Motion for Summary Disposition in Oakland County Circuit Court for Defendants Sued in Automobile Accident

Attorneys Kevin P. Moloughney and Samantha J. Orvis successfully obtained an order granting summary disposition in favor of the defendants.

Attorney Richard A. Joslin Obtains Trial Verdict of No Cause for Action for Insurance Agency

Attorney Richard A. Joslin Obtains Trial Verdict of No Cause for Action — In the case of Sheeran v Insurance Agency, the plaintiff landlord discovered that a tenant had died in one of her apartments. The tenant had died at least two weeks before the body was discovered. The landlord hired a company to clean…

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