Tag

Appellate

The Michigan Court of Appeals applies two well-established rules to reject an apartment tenant’s negligence claims

Lawyers use the terms “black-letter law” and “hornbook law” to refer to legal principles that have become well-established over the years. These principles often begin life as a holding in a single case, and are then reapplied and refined in subsequent cases. Eventually, they are so entrenched that they can be taught as actual rules…

Over Forty Percent of Collins Einhorn Farrell PC Attorneys Recognized by Super Lawyers©

Collins Einhorn Farrell PC announced today that 13 attorneys have been named to the 2014 Michigan Super Lawyers list. An additional 4 attorneys were named to the 2014 Michigan Rising Stars list. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a…

11 Collins Einhorn Farrell PC Attorneys Named to 2015 Best Lawyers in America List

Collins Einhorn Farrell PC is pleased to announce that 11 attorneys have been named to the 2015 edition of Best Lawyers in America©. For over three decades, Best Lawyers® has been considered the definitive guide to legal excellence. Best Lawyers has since partnered with U.S. News®, the leading rankings publication in the U.S., to rank…

The Michigan Supreme Court construes a “business-use” exclusion

Michigan law requires courts to construe insurance policies as a whole, giving effect to any unambiguous language. These principles are often easier to state than to apply. The Michigan Supreme Court’s recent opinion in Hunt v. Drielick is a case in point. In Hunt, the Court addressed a “business-use” exclusion in a “Insurance for Non-Trucking…

Natatorium Law

Well, not exactly natatorium law. But the indoor swimming pool at the Sherman Lake YMCA completed in 1999 now has four published contractual indemnity appellate opinions to its credit and threatens to become a legal subspecialty. In 2009, the Court of Appeals held the lawsuit was time-barred based on application of the statute of repose…

Integration clauses and collateral matters

Integration clauses in contracts for the sale of property are not always a guarantee against later claims of fraud, as shown by the Court of Appeals’ recent opinion in Jenson v. William B. Gallagher Revocable Trust. The Jensons purchased real estate near Dewey Lake in Silver Creek Township, Michigan. They claimed that, while viewing the…

Michigan Court of Appeals rejects slip-and-fall claim based on speculative theory

The open and obvious doctrine is straightforward: plaintiffs cannot recover for injuries from hazards that a reasonable person could have seen, unless those hazards were unavoidable or especially dangerous. This logic undermines most slip-and-fall claims based on snow and ice. As the Michigan Supreme Court put it (perhaps somewhat sarcastically) inHoffner v. Lanctoe, “Michigan, being…

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