July 2021
Attorney Nicholas Tatro Promoted to Associate Principal
Foley, Baron, Metzger & Juip, PLLC (FBMJ) is pleased to announce the promotion of attorney Nicholas Tatro from Senior Associate to Associate Principal, effective July 1, 2021. Richard Baron, Member, made the announcement. Tatro’s practice focuses on environmental, toxic tort, mass tort and products liability litigation, permitting and compliance with environmental... READ MORE
July 2021
SCOTUS Sides with Amish Community on RLUIPA Land Use Claim
The Supreme Court of the United States (SCOTUS) has finally reached the merits of a RLUIPA land use matter – sort of. To the extent the court touched on the RLUIPA questions in Mast v. Fillmore County on July 2nd, the overarching message from at least one justice was clear:... READ MORE
June 2021
Amish Community Waiting to See if SCOTUS Will Review RLUIPA Claim
It appears as though another term of the Supreme Court will close without the high court evaluating a religious land use claim under The Religious Land Use and Institutionalized Persons Act (RLUIPA). An Amish community from Minnesota had asked the U.S. Supreme Court to consider whether state laws requiring the... READ MORE
June 2021
Maryland Church Awarded $1.1m in RLUIPA Verdict Over County Environmental Considerations
For more than 20 years now, the Religious Land Use and Institutionalized Persons Act (RLUIPA) has sought to ensure houses of worship are treated the same as similar secular land uses, regardless of other considerations or laws that might be implicated. A recent case out of Maryland reaffirms this concept,... READ MORE
June 2021
FBMJ Attorney Featured Speaker at St. Mary Mercy’s Resident Retreat
On June 23, 2021, FBMJ attorney, Mitchell C. Jackson, presented “Defending Your Care and Keeping Lawyers Out of Your Hair” to Emergency Medicine residents, as part of St. Mary Mercy’s annual Resident Retreat. The presentation included discussions regarding the anatomy of a medical malpractice lawsuit; the unique challenges associated with electronic health... READ MORE
June 2021
FBMJ Attorneys Publish Article in the American Journal of Roentgenology
FBMJ attorneys, Randall A. Juip and Anthony D. Pignotti recently co-authored an article entitled, “The Medical Malpractice Deposition: A Review for Radiologist Defendants,” which was accepted for publication in the American Journal of Roentgenology (AJR 2021 June 9), a publication of the American Roentgen Ray Society (ARRS). The article was co-authored with radiologists, Casey Stewart Branach,... READ MORE
June 2021
The Early Bird Gets the Worm (& Expert Witness)
In deciding an issue of first impression, the Michigan Court of Appeals, in the published case of Teutsch v. Van De Ven, adopted a new test to determine whether an expert witness should be disqualified from serving as a defense expert after he had issued a bright line rule that... READ MORE
April 2021
Unlicensed = Uncapped?
Claims against an unlicensed medical assistant employed by a non-profit medical institution sound in ordinary negligence and are not subject to the non-economic medical malpractice damages cap—at least according to the Michigan Court of Appeals’ recent published decision in Estate of John Swanzy v. Edward J. Kryshak, M.D., et al. If it... READ MORE
April 2021
FBMJ Attorneys Featured Presenters at MSHRM Event
FBMJ attorneys, Saulius Polteraitis and Carlos Escurel, recently presented “Covid Liability and Impact Medical Malpractice Claims” to the Michigan Society of Healthcare Risk Managers (MSHRM) as part of its Webinar series. They were joined by Mike Severyn of ProAssurance on the panel. The presentation covered the anticipated landscape of malpractice claims... READ MORE
March 2021
Federal Government, New Jersey Town Reach Settlement of RLUIPA Case One Day After It Was Filed
In most Religious Land Use and Institutionalized Persons Act (RLUIPA) cases, the plaintiff is a religious organization and the defendant is a local government. However, there are some instances when the religious organization gains the support of a second, powerful plaintiff – the U.S. Department of Justice. That was the... READ MORE