The Michigan Supreme Court has ordered mini-oral argument to be held in two cases addressing a very significant issue dealing with whether trial courts can disregard the notice waiting period required before filing a complaint in a medical malpractice action, either by disregard of the defect or allowing amendment of the complaint under MCL 600.2301. [...]
Tag: insurance benefits
Michigan Supreme Court Reverses Court of Appeals Decision Forcing Workers Compensation Agencies to Remain Open at Certain Locations
The Michigan Supreme Court has reversed the Court of Appeals decision that held the Director of the Michigan Administrative Hearing System and the Director of the Department of Licensing and Regulatory Affairs were required to maintain local offices for litigation of Workers' Compensation Agency hearings. Read the opinion here: Younkin v. Zimmer In September 2012, [...]
Insurers and Businesses Should Always Consider What Options are Available for Insurance Coverage and Recovery of Insurance Assets When Facing a Dispute, Claim or Lawsuit
One of the most important ways insurance companies and businesses can manage their assets and control their liability is to think creatively about insurance and insuring agreements in managing their day-to-day business operations. Disputes, claims, and yes, lawsuits often arise in the ordinary course of thriving and vibrant businesses. This is a natural consequence of [...]
Special Appellate Counsel for Emergency Appeals in State and Federal Court of Appeals and Supreme Court
It is the eve of trial. The trial court judge, bent on forcing you into an unsavory settlement with opposing counsel, has granted opposing counsel’s motion in limine to exclude your proposed evidence from the jury’s consideration. This is a key part of your client’s case and without it your client may be facing 100 [...]
Mention of a Non-Party in Affirmative Defense Insufficient to Toll Statute of Limitations as to that Non-Party
In a published decision, the Michigan Court of Appeals has held that mention of a potentially responsible non-party at fault in a class action suit was insufficient as a notice of non-party at fault within the meaning of Michigan Court Rule (MCR) 2.112(K), and therefore insufficient to "toll" the statute of limitations to allow amendment [...]