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
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 the public. Pass-A-Grille Beach Community Church, just outside St. Petersburg, Florida, argued that the local government’s attempts to restrict the... READ MORE
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. The “lower cap” was adjusted to a limitation of $476,600. Michigan has placed a limitation on the total amount of damages... READ MORE
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 precluded the school from hosting in-person classes. The one-page opinion from Judge Paul Maloney said the motion was rendered moot... READ MORE