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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

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

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

March 2021

Supreme Court Issues RLUIPA Opinion Related to Prisoners; Still Has Not Reached Land Use Issue

It was just last year that the Religious Land Use and Institutionalized Persons Act, or RLUIPA, celebrated its 20th anniversary. During that time, the U.S. Supreme Court has never issued

March 2021

Julie Janeway Joins Foley, Baron, Metzger & Juip, PLLC as an Associate Principal

Foley, Baron, Metzger & Juip, PLLC, is pleased to announce that Julie Janeway has joined the firm as an Associate Principal. Julie brings extensive healthcare experience to the firm, having begun

March 2021

Pharmacist Attorney Kim Sveska Publishes Article for MPA Journal – “Don’t Forget to Sue the Pharmacist”

FBMJ pharmacist attorney, Kim Sveska, recently published the article “Don’t Forget to Sue the Pharmacist” in the Michigan Pharmacist Journal (2021 Vol. 59 Issue 1), a publication of the Michigan

February 2021

Church Offering Parking Lot To Beachgoers Is Free Exercise of Religion Protected By RLUIPA

A Florida court held that a church, as part of its religious exercise, can offer its parking lot as an access point to a nearby beach to general members of

February 2021

2021 Michigan NonEconomic Damages Announced

On January 27, 2021, the State of Michigan Department of Treasury released the 2021 limitations on noneconomic damages in medical malpractice cases. The “upper cap” limitation was adjusted to $851,000.

January 2021

Michigan Private Schools’ Motion to Enjoin COVID Regs Denied as Moot; School Seeking to Join Lawsuit as Plaintiff as Case Proceeds

A Michigan federal court judge denied a group of parents and nonpublic schools’ request for a preliminary injunction that sought to enjoin COVID-19 restrictions the state implemented in November that

January 2021

New York Village Settles One RLUIPA Suit, Faces New One From DOJ

A New York village settled one lawsuit alleging violations of the Religious Land Use and Institutionalized Persons Act (RLUIPA) while the U.S. Department of Justice filed a new, larger lawsuit

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