Appeals
2025 Limitation on Noneconomic Damages in Medical Malpractice Cases in Michigan
On January 31, 2025, the Michigan Department of Treasury released its adjusted 2025 limitations on noneconomic damages for medical malpractice claims. The “upper cap” has been adjusted to $1,047,000 (increased from $1,016,000 in 2024), and the “lower cap” has been adjusted to $586,300 (increased from $569,000 in 2024). Michigan has limited the total amount of damages that can be recovere
Brian Richtarcik Elected to Member at Foley, Baron, Metzger & Juip, PLLC
Foley, Baron, Metzger & Juip, PLLC, is pleased to announce the election of attorney Brian J. Richtarcik into the membership of the firm, effective January 1, 2025.Richtarcik is an accomplished trial and appellate attorney with over 20 years of experience in private practice. He maintains a significant practice defending healthcare providers in civil rights claims brought under 42 U.S.C. §1983
The Story Continues: Federal Court Strikes Down The FTC’s Non-Compete Ban
Earlier this year, we provided an update on the United States Federal Trade Commission (FTC)’s promulgation of its Rule banning non-compete agreements. Expectedly, the Rule was challenged. On August 20, 2024, the United States District Court for the Northern District of Texas issued an opinion and order setting aside the FTC’s Non-Compete Ban and preventing its enforcement. WHAT HAPPENED?W
Attorney Sarah H. Luchsinger Joins FBMJ
Foley, Baron, Metzger & Juip, PLLC is pleased to announce the hiring of attorney Sarah H. Luchsinger as a Senior Associate with the firm.Sarah’s practice primarily involves medical malpractice defense, but also includes nursing home negligence, general negligence, premises negligence, and trucking and auto negligence. In addition, she has experience with insurance defense, and family law, in
Stacey McDaniel Joins FBMJ as Associate Principal
Foley, Baron, Metzger & Juip, PLLC is pleased to announce the hiring of attorney Stacey McDaniel as an Associate Principal with the firm.Stacey’s practice focuses on defending health care professionals and organizations in complex medical malpractice claims. Her areas of expertise include neurosurgery, anesthesiology, orthopedics, neurology, birth trauma, cosmetic surgery, ophthalmology, ped
2022 Limitation on Noneconomic Damages
On January 28, 2022, the State of Michigan Department of Treasury released the 2022 limitations on noneconomic damages for claims alleging medical malpractice. The “upper cap” was adjusted to $887,500 (an increase of $36,500 compared to 2021). The “lower cap” was adjusted to a limitation of $497,000 (an increase of $20,400 compared to 2021). The Michigan legislature has limited the tot
SCOTUS Strikes Down One Vaccine Mandate, Upholds Another
On January 13, the Supreme Court of the United States (SCOTUS) struck down the Biden Administration’s vaccine mandate that was to apply to all large employers. That same day, the Supreme Court upheld the administration’s vaccine mandate that applies to healthcare workers at healthcare facilities that receive Medicare and Medicaid. These cases were closely watched by Supreme Court observers af
Supreme Court Orders End of Mandatory Case Evaluation Effective Jan. 1, 2022
The Michigan Supreme Court has amended the Michigan Court Rules to eliminate the requirement that all civil cases go through the Case Evaluation process. Instead, the parties will now be able to stipulate to an alternative process to resolve the case – facilitation or mediation. Additionally, the amendments remove the sanctions provisions from the Case Evaluation process.These changes are effect
Anthony Pignotti Co-Authors Article for Michigan Defense Quarterly
FBMJ attorney, Anthony D. Pignotti recently co-authored an article titled, “Litigating the Value of Medical-Expense Damages,” published in the Michigan Defense Quarterly (Vol. 38, No.1, 2021), a publication of the Michigan Defense Trial Counsel (MDTC). The article discusses recoverable economic damages in civil actions and focuses specifically on issues related to medical-expenses damages.
Local Government Forced to Issue Bonds to Pay RLUIPA Legal Fees
A New York case is the latest example of why local governments should proceed carefully in RLUIPA litigation to avoid costly outcomes. In the case of the Village of Pomona, NY (Pomona), a RLUIPA case that has dragged on for more than a decade – bouncing from the district court to the circuit court of appeals and back – has resulted in the government being responsible for $2.5 million of the pr