Tag

Appellate

Twenty-Six Collins Einhorn Farrell PC Attorneys Recognized by Super Lawyers®

Collins Einhorn Farrell PC is proud to announce that 15 of its attorneys have been named to the 2019 Michigan Super Lawyers list, and an additional 11 attorneys were named to the 2019 Michigan Rising Stars list. In addition, Michael Sullivan, Melissa Graves, and Theresa Asoklis received additional accolades. Michael Sullivan was named to the…

David Anderson, Trent Collier, and Fawzeih Daher Obtain Dismissal of Appeal for Client and 12 Other Defendants.

Attorneys David Anderson, Trent Collier, and Fawzeih Daher obtained dismissal of an appeal for lack of jurisdiction on behalf of our client (a national financial services firm) and 12 other defendants in a case involving allegations of improper accounting. The plaintiff filed suit against 13 defendants in the Probate Court. One by one, the Probate…

Twenty-Seven Collins Einhorn Farrell PC Attorneys Recognized by Super Lawyers®

Collins Einhorn Farrell PC announced today that 15 of its attorneys have been named to the 2018 Michigan Super Lawyers list, and an additional 12 attorneys were named to the 2018 Michigan Rising Stars list. In addition, Michael Sullivan and Melissa Graves received additional accolades. Michael Sullivan was listed in the Top 100: 2018 Michigan Super Lawyers list and the Top 50: 2018 Michigan Business Super Lawyers list, and Melissa Graves was named to the Top 50: 2018 Women Michigan Super Lawyers list and the Top 25: 2018 Women Business Super Lawyers list. For full details and a list of all recipients, click on the headline.

16 Collins Einhorn Farrell PC Attorneys Named to 2019 Best Lawyers in America© List

Collins Einhorn Farrell PC is pleased to announce that 16 of its attorneys have been named to the 2019 edition of Best Lawyers in America©. Additionally, Deborah Lujan has been named the Best Lawyers 2019 Litigation – Insurance “Lawyer of the Year” in Michigan due to her exemplary work in defense litigation. For the full list of attorneys selected for this prestigious award, click on the headline.

Michigan No-Fault Update: Bazzi v Sentinel Ins Co — Supreme Court Decision

It’s a long-standing principle that no-fault insurers can assert common-law defenses, such as fraud in the application, in order to obtain rescission of a policy and avoid liability for payment of benefits on a claim. If a policy is rescinded, it’s as if the policy was never issued in the first place.

The innocent-third-party rule was a judicially created exception to this principle. Under the rule, insurers couldn’t use the defense of fraud in the application against a third party (that is, someone other than the policyholder) making a claim under a policy. The reasoning was that, because the third-party claimant didn’t commit the fraud, it was unfair for insurance companies to rescind the policy based on fraud.

We take a look at the recent Michigan Supreme Court decision in Bazzi v Sentinel Ins Co, and what this means for insurance companies moving forward. Click the headline for further details.

Peter Tomasek Authors Amicus Brief on Behalf of MDTC in Support of Defendant-Insurer’s Brief on Appeal

Peter Tomasek, one of Collins Einhorn Farrell PC’s appellate attorneys, authored an amicus brief on the Michigan Defense Trial Counsel’s behalf in support of the defendant-insurer’s brief on appeal in Yu v Farm Bureau Gen Ins Co of Mich. This case arose out of significant water damage to a home in Portage, Michigan. To read further details, click on the headline.

Collins Einhorn Obtains Dismissal of Class-Action Complaint

Collins Einhorn Farrell attorneys Theresa M. Asoklis, Michael J. Cook, and Eric M. Kociba obtained dismissal of a class-action complaint claiming that a law firm violated federal and state law. The federal district court agreed that the plaintiffs’ claims, which were based on the interest rate in state-court judgments, were “functionally appeals of state court decisions.” Since federal courts cannot act as an appellate court for state-court judgments, the court lacked jurisdiction and dismissed the plaintiffs’ claims. To read the full outcome, click on the headline.

Court of Appeals Holds Anti-Assignment Clauses Unenforceable, but Healthcare Providers Can Only Recover Benefits One-Year-Back from Date of Assignment

On May 8, 2018, the Michigan Court of Appeals issued a published opinion addressing two legal issues that have been hotly contested in the wake of last year’s Covenant v State Farm decision, which held that healthcare providers do not have a statutory basis to sue no-fault insurers for personal protection insurance (“PIP”) benefits under the Michigan No-Fault Act. To read further details, click on the headline.

Collins Einhorn Attorneys Obtain Reversal and Summary Disposition from Michigan Court of Appeals in Multi-million Dollar Premises-liability Case

Collins Einhorn Attorneys Kenneth C. Merritt, Kari L. Melkonian, and Jonathan B. Koch successfully defended a multi-million dollar premises-liability case. The defendant was an auction-services company hired to conduct an estate sale at a private residence. After the estate sale concluded, the plaintiff was injured when she fell down a three-foot drop-off created by a missing set of stairs after she stepped through a set of exterior doors in the house’s dining room. Based on that incident, plaintiff filed this premises-liability suit against the auction company, claiming several million dollars in damages. After the trial court denied defendant’s motion for summary disposition, Collins Einhorn attorneys obtained a rare grant of leave to appeal from the Court of Appeals. After full briefing and oral argument, the Court of Appeals reversed. The panel held that the trial court should have granted summary disposition because the defendant lacked possession and control over the property and because the hazard was open-and-obvious. The Supreme Court denied plaintiff’s application for leave to appeal.

Collins Einhorn Farrell PC announces the addition of attorney Lindsey A. Peck to its Appellate Practice Group

Collins Einhorn Farrell PC is pleased to announce that attorney Lindsey A. Peck has joined the firm’s Appellate Practice Group. Ms. Peck will be focusing her practice on appellate litigation, dispositive motion practice, and post-verdict litigation in the trial courts.

Have questions or looking for further information? Contact one of our experts.