Tag

Appellate

Court of Appeals holds that property owner with unique knowledge of brickwork and home repairs had constructive knowledge of defect in brick steps.

Notice is a common issue in premises liability litigation. If someone is injured on another’s property, the owner is not liable for the injury unless he had notice—whether actual or constructive—of the defect that caused the injury. In Grandberry-Lovette v Garascia, __ Mich App __ (Jan. 2, 2014) (Docket No. 311668), the Court of Appeals…

The Court of Appeals holds that a defendant without possession and control of a parking lot is not liable for injuries caused by a pothole

When it comes to premises liability, Michigan parking lot owners are often well-protected by case law. In Isaac v. Standard Parking Corporation (December 12, 2013)¸ the Michigan Court of Appeals addressed the liability of those who are hired to manage those lots. On December 12, 2003, the Isaacs were flying out of Bishop International Airport…

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…

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…

DBusiness lists nine Collins Einhorn attorneys as Top Lawyers

Nine Collins Einhorn attorneys were named “Top Lawyers” in 2013 by DBusiness: David C. Anderson was listed for legal malpractice, insurance litigation, and professional malpractice. Theresa M. Asoklis was listed for legal malpractice law. Geoffrey M. Brown for appellate law. Donald D. Campbell was listed for legal malpractice law and professional malpractice law. Brian D….

13 Collins Einhorn attorneys listed among Michigan’s 2013 Super Lawyers

The following Collins Einhorn attorneys were listed as “Super Lawyers” in their respective fields: Appellate law: Geoffrey Brown, Deborah Hebert, and Noreen Slank Employment litigation defense: Janice Hildenbrand and Robert Tice(not pictured) Insurance coverage: Timothy Casey Personal injury defense: Clayton Farrell Professional liability defense: David Anderson, Theresa Asoklis,Brian Einhorn, Melissa Graves, and Michael Sullivan In…

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