July 2020
Court of Appeals Cites Denney Damages in Medical Malpractice Ruling for the First Time
By: FBMJ Attorneys Sarah Berard, Daniel Cortez, Juliana Khalifeh, and Saulius Polteraitis. A decision July 30, 2020 from the Court of Appeals applies, for the first time in a medical malpractice case, a controversial 2016 opinion that allows plaintiffs in wrongful death cases recovery of lost wages of the decedent as... READ MORE
July 2020
Oakland County Violated Constitution by Keeping Tax Sale Proceeds
County governments that sell properties at auction to satisfy unpaid tax debts commit an unconstitutional taking when they keep the surplus proceeds of those sales beyond the amount of taxes owed. Relying in part on law from 800 years ago, the Michigan Supreme Court issued a ruling on July 17,... READ MORE
July 2020
Attorney Anthony D. Pignotti Featured Presenter for Michigan Society of Healthcare Risk Management (MSHRM)
FBMJ attorney, Anthony D. Pignotti, presented “Use and Disclosure of Electronically Stored Information in Healthcare” to the Michigan Society of Healthcare Risk Management (MSHRM) on July 15, 2020, as part of its Summer Webinar Series. The presentation covered the potential types of ESI generated and maintained in healthcare systems, the legal rules... READ MORE
July 2020
Carlos Escurel Joins Foley, Baron, Metzger & Juip, PLLC as an Associate Principal
Foley, Baron, Metzger & Juip, PLLC, is pleased to announce that Carlos Escurel has joined the firm as an Associate Principal. Escurel brings extensive experience in the area of medical malpractice to the firm, having defended healthcare professionals and institutions for over 17 years. His primary focus is handling complex medical... READ MORE
July 2020
FBMJ Attorneys and Staff Come Together to Help Those in Need by Supporting “Project Can Do”
Since its founding, the attorneys and staff of Foley, Baron, Metzger & Juip have been committed to serving the firm’s clients, as well as the communities in which we live and work. Our CARES Committee organizes and leads community initiatives for the firm, including a recent effort to support Lighthouse... READ MORE
June 2020
Away With Solowy? Supreme Court Takes Up Appeal that Could Lead to Expansion of 6-Month Discovery Rule
By: Christina J. Green, Nicole C. Joseph-Windecker and Mitchell C. Jackson How long does a plaintiff have to file a medical malpractice case? Well, that could be changing soon, as the Michigan Supreme Court recently took up an appeal that may give plaintiffs more time to file suit. This appeal could impact the healthcare... READ MORE
June 2020
Attorney Brian Whitelaw Featured Speaker at Society for Vascular Surgery Webinar Town Hall Meeting
On May 15, 2020, FBMJ attorney Brian Whitelaw presented during a live webinar town hall meeting, “COVID-19 Town Hall: Legal and Financial Aspects of Restarting Your Clinical Practice,” hosted by the Society for Vascular Surgery. Brian joined a panel of 5 professionals, including vascular surgeons from the Mayo Clinic, University... READ MORE
April 2020
FBMJ Announces the Promotion of Six Attorneys to Partners
Foley, Baron, Metzger & Juip, PLLC, is pleased to announce promotions of six attorneys to partners, effective April 1, 2020. “We congratulate our new partners for having earned this well-deserved professional achievement through their hard work on behalf of our clients,” said Clyde Metzger, one of the founding partners of the... READ MORE
March 2020
The Ol’ Expert Switcheroo: COA Holds AOM Signed by New Expert “Amendment” and Relates Back
If a plaintiff replaces an affidavit of merit (AOM) signed by an unqualified expert with one signed by a qualified expert, does the subsequent AOM constitute an “amendment” to the original AOM, such that it relates back for statute of limitations purposes? Surprisingly, yes—at least according to the Court of... READ MORE
March 2020
2020 Michigan Non-Economic Damages Caps
The State of Michigan Department of Treasury has announced the 2020 Non-Economic Damages Caps for medical malpractice claims. With respect to obtaining compensation for the injured plaintiff, Michigan has a statutory cap on the amount of noneconomic loss that a plaintiff may be awarded in a medical malpractice lawsuit. Noneconomic... READ MORE