News Categories: Commercial Litigation

June 2019

SCOTUS Allows Takings Claims to Bypass State Courts

On June 21, 2019 the U.S. Supreme Court overturned a 35-year old precedent and held that a private landowner who alleges the government has taken their land without just compensation can immediately sue in federal court. Previously such claims had been directed to state courts under state inverse condemnation claims,

June 2019

Supreme Court Amends Discovery Rules

By:  Christopher J. Ryan, Esq. On June 19, 2019, the Supreme Court issued an order amending multiple Court Rules in ways that will significantly alter the daily practice of attorneys engaged in civil litigation. 11 of the 16 rules contained in subchapter 2.300 (addressing discovery in civil proceedings) were amended. The

May 2019

Religious Land Use Case Survives Summary Judgement, Heads to Trial

FBMJ client, River of Life Ministries, defeated a motion brought by defendant Clinton Township to have their claims under the Religious Land Use and Institutionalized Persons Act (RLUIPA) dismissed at a hearing in U.S. District Court on May 22. This follows River of Life previously obtaining land use approval and

May 2019

Supreme Court Declines to Hear RLUIPA Matter

The Supreme Court of the United States of America (SCOTUS) declined this week to hear an Ohio case that alleged violations of the Religious Land Use and Institutionalized Persons Act, or RLUIPA. That the Supreme Court decided not to hear an appeal from the Sixth Circuit Court of Appeals keeps

March 2019

Nicholas J. Tatro Joins Foley, Baron, Metzger & Juip, PLLC as a Senior Associate

Foley, Baron, Metzger & Juip, PLLC (FBMJ) is pleased to announce that Nicholas J. Tatro has joined the firm as a Senior Associate. Clyde M. Metzger, Managing Member, made the announcement. Nick’s practice focuses on environmental, toxic tort, mass tort and products liability litigation, permitting and compliance with environmental regulations, and

July 2018

Fruchey Co-Presents “A Legal Perspective on PFOS/PFAS Contamination Issues”

FBMJ attorney Ben Fruchey co-presented “A Legal Perspective on PFOS/PFAS Contamination Issues” to the Environmental Law Section of the State Bar of Michigan (SBM) on July 10, 2018.  The presentation provided an overview of the physical properties, regulation and remediation of Per- and polyfluoroalkyl substances (PFAS), with an emphasis on

March 2018

Sarah Tupica Berard Joins Foley, Baron, Metzger & Juip, PLLC

Foley, Baron, Metzger & Juip, PLLC (FBMJ) is pleased to announce that Sarah Tupica Berard has joined the firm as an Associate Principal attorney. Clyde M. Metzger, Managing Member, made the announcement. In her new position, Berard will join the Healthcare Law practice group representing physicians, nurses, physician groups, healthcare institutions, hospitals,

May 2018

McGill and Cupples Co-Author Article for CLM – “Defending Carbon Monoxide Exposure Claims”

FBMJ attorneys Joe McGill and Jennifer Cupples co-authored “Defending Carbon Monoxide Exposure Claims,” published in the May, 2018 issue of CLM Magazine.  The article focuses on winning a carbon monoxide exposure claim with a thorough investigation based on recognized scientific methodology. “Defending Carbon Monoxide Exposure Claims,” discusses key elements of a

March 2018

Foley, Baron, Metzger & Juip Welcomes New Attorney

Foley, Baron, Metzger & Juip, PLLC (FBMJ) is pleased to announce that Enrico (Eric) G. Tucciarone has joined the firm as a Partner attorney. Clyde M. Metzger, Managing Member, made the announcement. “We couldn’t be more pleased that Eric has joined our firm. His experience and reputation will only enhance our

February 2018

2018 Michigan Non-Economic Damages Caps

Since 1993, Michigan has placed a limitation on the total amount of damages for non-economic loss that are recoverable in a medical malpractice action.  The current limitation is enacted by statute in MCL § 600.1483.  “Non-economic loss” is defined under the statute to mean damages or loss due to pain,