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 [...]
Tag: Supreme Court
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 [...]
Supreme Court to Address Interplay (If Any) Between the No-Fault Act and the Governmental Tort Liability Act
Last Friday, September 19, 2014, I participated in a panel discussion at the Negligence Law Section breakout at the state bar conference in Grand Rapids to discuss the Michigan Supreme Court's upcoming (October 8) hearing of oral arguments in the calendar cases of Hunter v. Sisco, et al, and Hannay v. MDOT, the latter in which I [...]
“Gross Negligence” Exception to Governmental Immunity Under Attack in Cases Against First Responders / Law Enforcement Officers
The Court of Appeals has released two cases that appear to undermine the meaning of the "statutory" "gross negligence" exception, MCL 691.1407(2) under Michigan's Governmental Tort Liability Act (GTLA). The GTLA, MCL 691.1401 et seq., provides immunity for law enforcement officers and other individual governmental employees engaged in the discharge of a governmental function and while [...]
“Intentional Tort Exception” to Exclusive Remedy Provision of Workers Compensation Act Did Not Apply to Employee’s Claim of Injury by Allegedly Defective Machinery
Yesterday, the Michigan Supreme Court issued an order summarily reversing the published decision of the Court of Appeals in Thomai.v.MIBA Hydramechanica Corp., et al, 303 Mich. App. 196 (2013), a case in which the Court of Appeals allowed a circuit court suit to proceed against a manufacturer on the basis that the employee had sufficient basis to [...]