August 2025
Post-Daher, Michigan Court of Appeals Says the Loss of Services is Recoverable Under Wrongful Death Act
The Michigan Supreme Court (MSC) recently reversed the judgment of the Michigan Court of Appeals (MCOA) and remanded the case of Markel v. Beaumont et al., to the Oakland County Circuit Court for further proceedings possibly ending a near six-year appellate saga on ostensible agency.
BackgroundIn a 2018 medical malpractice lawsuit,
Foley, Baron, Metzger & Juip PLLC is pleased to report that it has obtained complete dismissal of claims asserted on behalf of a certified class of over 4,000 employees of a large government facility in Pontiac, MI. The class of employees alleged exposure to toxic chemicals and gases including benzene
On January 31, 2025, the Michigan Department of Treasury released its adjusted 2025 limitations on noneconomic damages for medical malpractice claims. The “upper cap” has been adjusted to $1,047,000 (increased from $1,016,000 in 2024), and the “lower cap” has been adjusted to $586,300 (increased from $569,000 in 2024).
Michigan has
Foley, Baron, Metzger & Juip, PLLC, is pleased to announce the election of attorney Brian J. Richtarcik into the membership of the firm, effective January 1, 2025.
Richtarcik is an accomplished trial and appellate attorney with over 20 years of experience in private practice. He maintains a significant practice defending healthcare
Earlier this year, we provided an update on the United States Federal Trade Commission (FTC)’s promulgation of its Rule banning non-compete agreements. Expectedly, the Rule was challenged. On August 20, 2024, the United States District Court for the Northern District of Texas issued an opinion and order setting aside the FTC’s
April 2024
Attorney Sarah H. Luchsinger Joins FBMJ
Foley, Baron, Metzger & Juip, PLLC is pleased to announce the hiring of attorney Sarah H. Luchsinger as a Senior Associate with the firm.
Sarah’s practice primarily involves medical malpractice defense, but also includes nursing home negligence, general negligence, premises negligence, and trucking and auto negligence. In addition, she has experience
Foley, Baron, Metzger & Juip, PLLC is pleased to announce the hiring of attorney Stacey McDaniel as an Associate Principal with the firm.
Stacey’s practice focuses on defending health care professionals and organizations in complex medical malpractice claims. Her areas of expertise include neurosurgery, anesthesiology, orthopedics, neurology, birth trauma, cosmetic surgery,
February 2022
2022 Limitation on Noneconomic Damages
On January 28, 2022, the State of Michigan Department of Treasury released the 2022 limitations on noneconomic damages for claims alleging medical malpractice. The “upper cap” was adjusted to $887,500 (an increase of $36,500 compared to 2021). The “lower cap” was adjusted to a limitation of $497,000 (an increase of $20,400 compared to
On January 13, the Supreme Court of the United States (SCOTUS) struck down the Biden Administration’s vaccine mandate that was to apply to all large employers. That same day, the Supreme Court upheld the administration’s vaccine mandate that applies to healthcare workers at healthcare facilities that receive Medicare and Medicaid.
These