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
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
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
January 2019
2019 Michigan Non-Economic Damages Caps
On January 18, 2019, the State of Michigan Department of Treasury announced the 2019 Non-Economic Damages Caps for medical malpractice claims. Michigan has placed these limitations on the total amount of damages for non-economic loss that are recoverable in a medical malpractice action since 1993. The limitations are enacted by
September 2018
FBMJ Client Prevails in RLUIPA Matter
FBMJ attorneys have been successful in recovering all attorney fees spent by their client, River of Life Ministries, in securing formerly denied land use approval to operate their church in Macomb County. The fees were incurred as part of their federal lawsuit, Dorman et al v Clinton Township, alleging violations
August 2018
COA: On Campus, (but) Off the Hook
On August 9, 2018, attorneys from Foley, Baron, Metzger and Juip scored a significant win at the State of Michigan Court of Appeals (COA) in the case of Abigail Schmitt v Genesys Regional Medical Center. The appeals court panel reversed a lower court’s decision and granted summary disposition to Genesys Regional
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
On May 3, 2018 the Michigan Court of Appeals issued its opinion in the matter of Teri Luten v Genesys Regional Medical Center, et al., one which may provide some ammunition to Defendants in attacking Plaintiff proximate causation theories, especially in cases involving “chain of command.” In a 2-1 decision, the