We submitted an amicus curiae brief on behalf of the Michigan Defense Trial Counsel in this case before the Supreme Court to address the extent of damages potentially available in a medical malpractice action involving the loss of a "dual organ" by the plaintiff as a result of the alleged malpractice.  Here is the brief: huddleston.sc.amicus.curiae.br [...]
Category: Comparative Law
Supreme Court Affirms Important Principle Regarding What Truly Constitutes a “Genuine” and Therefore “Material” Question of Fact Sufficient to Survive a Summary Motion for Judgment
In Fuhr v. Trinity Health Corp., et al., Supreme Court No. 147158, the Michigan Supreme Court peremptorily reversed the Court of Appeals decision to affirm denial of summary judgment to the defendants (hospital) in a Whistleblower's Protection Act (WPA) lawsuit filed by a former employee.  The plaintiff alleged he was terminated because of a call he placed [...]
Bank’s Overcharging Customer Fees on Overdraft Accounts Not Covered by Professional Liability Insurance Policy and Insurer Granted Judgment in Coverage Dispute
On August 7, 2013, a federal district court in Georgia ruled a bank was not entitled to insurance coverage for a settlement entered into with customers, the plaintiffs in a class action lawsuit (the underlying suit), in which the bank settled with the plaintiffs on charges of wrongfully overcharging for overdraft fees. Â Fidelity Bank v. [...]
Health Care Plan Provider’s Conspiracy / Scheme to Underpay Insurance Claims Submitted by Providers and Beneficiaries Not “Errors or Omissions” and Reinsurance Policies Covering Professional Liability Policies Not Implicated
In June, a Court of Appeals panel in Indiana issued an unpublished, and therefore, non-binding, opinion speaking to an issue that has significant relevance for several of our insurer and employer clients, and third-party claims administrators with whom we work.The insurance coverage case, Wellpoint, Inc., et al. v. National Union Fire Ins. Co., et al, arose out [...]
Notice of Intent to Sue Government Sent to Third Party Claims Administrator Insufficient to Invoke Exception to Governmental Immunity – Court of Appeals Publishes Decision Holds Notice to Third-Party Claims Administrator Insufficient to Give Government Notice of Claim of Defective Sidewalk
On August 1, 2013, the Court of Appeals released a decision for publication in the case of McLean v. City of Dearborn, clarifying the strict requirements that notice of a claim for defective sidewalks under the highway exception to governmental immunity must be served on the individuals authorized by the governmental immunity statute, not the third-party [...]