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Resources News

June 2021

Maryland Church Awarded $1.1m in RLUIPA Verdict Over County Environmental Considerations

For more than 20 years now, the Religious Land Use and Institutionalized Persons Act (RLUIPA) has sought to ensure houses of worship are treated the same as similar secular land uses, regardless of other considerations or laws that might be implicated. A recent case out of Maryland reaffirms this concept,... READ MORE

June 2021

FBMJ Attorney Featured Speaker at St. Mary Mercy’s Resident Retreat

On June 23, 2021, FBMJ attorney, Mitchell C. Jackson, presented “Defending Your Care and Keeping Lawyers Out of Your Hair” to Emergency Medicine residents, as part of St. Mary Mercy’s annual Resident Retreat. The presentation included discussions regarding the anatomy of a medical malpractice lawsuit; the unique challenges associated with electronic health... READ MORE

June 2021

FBMJ Attorneys Publish Article in the American Journal of Roentgenology

FBMJ attorneys, Randall A. Juip and Anthony D. Pignotti  recently co-authored an article entitled, “The Medical Malpractice Deposition: A Review for Radiologist Defendants,” which was accepted for publication in the American Journal of Roentgenology (AJR 2021 June 9), a publication of the American Roentgen Ray Society (ARRS). The article was co-authored with radiologists, Casey Stewart Branach,... READ MORE

June 2021

The Early Bird Gets the Worm (& Expert Witness)

In deciding an issue of first impression, the Michigan Court of Appeals, in the published case of Teutsch v. Van De Ven, adopted a new test to determine whether an expert witness should be disqualified from serving as a defense expert after he had issued a bright line rule that... READ MORE

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 the Michigan Court of Appeals’ recent published decision in Estate of John Swanzy v. Edward J. Kryshak, M.D., et al. If it... READ MORE

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 series. They were joined by Mike Severyn of ProAssurance on the panel. The presentation covered the anticipated landscape of malpractice claims... READ MORE

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 the religious organization gains the support of a second, powerful plaintiff – the U.S. Department of Justice. That was the... READ MORE

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 a substantive opinion on a religious land use matter based on RLUIPA. However, the Supreme Court has now issued an... READ MORE

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 her legal career working at a premier Michigan law firm with a focus on hospital and medical malpractice and licensing... READ MORE

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 Pharmacists Association (MPA). The article discusses recent legal precedents that could lead to greater liability for pharmacists. The Michigan Pharmacists Association... READ MORE