Foley, Baron & Metzger recently set new precedent in the Sixth Circuit Court of Appeals on an issue involving federal jurisdiction based on the governmental contractor defense. FBM represented an environmental remediation contractor, hired by the Federal Aviation Administration (FAA), to remediate mold contamination in the Detroit Metropolitan Wayne County Airport Air Traffic Control Tower where a group of DTW controllers filed lawsuits and claimed they became ill from exposure to toxic mold. After successfully removing the lawsuit from Wayne County Circuit Court to US District Court, FBM attorneys, Richard Baron and Brian Phinney obtained complete dismissal of their client. The plaintiffs appealed these rulings to the US Court of Appeals for the Sixth Circuit, which upheld the dismissal of FBM’s client. Ruling on an issue of first impression in the Sixth Circuit, the appeals court held that the governmental contractor defense should be broadly interpreted to protect a wide-range of contractors, not merely contractors who provide services to the military. To review the Court’s Order in this case click here: Bennett et.al. v MIS Corporation, et.al. No. 08-2567.
September 2010
FBM Sets New Precedent in Sixth Circuit on Governmental Contractor Liability
Foley, Baron & Metzger recently set new precedent in the Sixth Circuit Court of Appeals on an issue involving federal jurisdiction based on the governmental contractor defense. FBM represented an environmental remediation contractor, hired by the Federal Aviation Administration (FAA), to remediate mold contamination in the Detroit Metropolitan Wayne County
August 2010
FBM Environmental Attorney Assists City of Marquette, MI with Property Investigation
Marquette city officials have retained FBM attorney, Richard Baron, to assist them with a request from the Michigan Department of Natural Resources and Environment (“MDNRE”) to better determine the source and extent of contamination that exists on a prime Lake Superior shoreline location, formerly an industrial site, now owned by the
July 2010
Saulius Polteraitis and Joseph McGill Elected to CLS Leadership Positions
FBM attorney, Saulius Polteraitis was elected to serve a one-year term as Vice-President of the Catholic Lawyers Society (CLS) at the May, 2010 meeting of their Board of Directors. Also at this meeting, the organization’s President, FBM attorney Joseph McGill, concluded his term as President and was elevated to Emeritus Director status. This designation is
May 2010
Complete Dismissal of Environmental Claims against Product Manufacturer Obtained
Claims for environmental contamination against product manufacturers have become increasingly popular and are costly to defend. Foley, Baron & Metzger attorneys Richard S. Baron and Brian Phinney recently obtained a complete dismissal of claims against a product manufacturer by a corporate landowner seeking damages for environmental remediation costs. The landowner
April 2010
FBM Environmental Attorney Richard Baron Shares Experiences with Local TV Anchor
Airplanes and birds have been tangling for years. In fact, recently released data from the Federal Aviation Association (FAA) and reported by the Associated Press (AP) show airplane collisions with birds have more than doubled at 13 major U.S. airports since 2000. But it wasn’t until US Air Flight 1549
March 2010
Joseph McGill Publishes Article: Medicare Set-Asides – Response to “Emergency Bulletin”
FBM attorney Joseph McGill has recently authored an article titled Medicare Set-Asides – Response to “Emergency Bulletin”, published in the Michigan Defense Quarterly, (Volume 26, No. 3 January, 2010). The article is in response to an “Emergency Bulletin” issued in the name of the Negligence Law Section of the State Bar of Michigan,
July 2009
Foley, Baron & Metzger Attorneys Named 2009 Super Lawyers
Foley, Baron & Metzger, PLLC announced today that attorneys Clyde M. Metzger III and Joseph P. McGill have been named 2009 Michigan “Super Lawyers” by Law & Politics Media, Inc. Awarded to only 5% of lawyers in the state, the Super Lawyers designation recognizes outstanding lawyers who have attained a high degree of peer
June 2009
Joseph McGill Elected President of the CLS
FBM attorney Joseph McGill was elected to serve as President of the Catholic Lawyers Society (CLS) at the May 11, 2009 meeting of their Board of Directors. Mr. McGill’s will serve a one-year term as the organization’s President. The CLS is a special interest bar association consisting of lawyers, judges and law students dedicated
June 2009
Tom Foley Publishes Article: Logic of Michigan’s FDA Defense Survives Recent Supreme Court Ruling
FBM attorney Tom Foley has recently authored Logic of Michigan’s FDA Defense Survives Recent Supreme Court Ruling, for the Washington Legal Foundation’s Legal Backgrounder. The paper challenges the basis for arguments now being raised by lawsuit advocates who are improperly attempting to suggest that the recent high-profile U.S. Supreme Court decision
May 2009
Kim Sveska Featured Speaker at MSPT Spring Seminar
FBM attorney Kim Sveska was a featured speaker at the Michigan Society of Pharmacy Technicians (MSPT) Spring Seminar on April 28, 2009 at Health Plus in Flint, MI. Mr. Sveska’s remarks titled, “Pharmacy Law Update,” provided insight into current developments in Michigan pharmacy-related law, including recent statutory and regulatory changes, case law decisions involving