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Appeals

Pharmacies Can Be Sued For Ordinary Negligence But Not Medical Malpractice

By: Nicole Joseph-WindeckerIn its unanimous unpublished decision of Estate of Kevin Karl Gottschalk, by Kathleen Tocco, Personal Representative. v. Plumbrook Pharmacy, et al., the Michigan Court of Appeals held that pharmacies cannot be sued for medical malpractice as a matter of law. This ruling on September 17 was consistent with prior decisions from Michigan courts on the grounds that pharmacie

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, 2020 that property owners’ interests in the surplus proceeds of any such sales remain even after the au

Michigan State of Emergency Extends Into July: Here’s What Litigants Need to Know

Many of the more than 160 Executive Orders and Administrative Orders Gov. Whitmer and the Michigan Supreme Court have issued in response to the COVID-19 pandemic impact the legal system, the litigants, and their insurers. Below is a brief review of how these orders change important civil litigation deadlines ranging from the statute of limitations, motion practice and trials. These changes will co

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. JacksonHow 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 community and its insurers for decades to come due to its potential to expa

Federal Courts Issue Rulings on 1st Amendment Rights During COVID-19

Most state governments have responded to COVID-19 with executive orders and laws that restrict the public from certain activities, including religious assembly. Such limitations on activities protected by the First Amendment have resulted in a flurry of lawsuits – at least one that reached the Supreme Court – alleging First and Fourteenth Amendment violations that raise a critical question: Ho

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 Appeal’s recent opinion in Legion-London v. Surgical Inst. of Mich Ambulatory Surg

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 damages are intended to compensate the plaintiff for injuries and l

COA: Medicaid Lien Reimbursement Made Easy…

On February 4, 2020, the Michigan Court of Appeals issued its published opinion in the matter of Theresa Byrnes, et al. v. Jacob Martinez, M.D., et al. This opinion provides much-needed guidance to attorneys and courts regarding the methods used to consider and implement when attempting to settle a lawsuit involving a Medicaid lienholder. The opinion also provides specific guidance regarding how t

Attorneys Baron, Cortez & Nordan Co-Author Article for CLM Magazine – “The Path Forward For Cannabis”

FBMJ attorneys Richard Baron, Daniel Cortez and Eric Nordan co-authored “The Path Forward For Cannabis,” published in the December 2019 issue of CLM Magazine. The article focuses on legal and regulatory developments in 2019 that signal clarity and confusion for insurers.“The Path Forward For Cannabis” discusses a look back at the developments in the cannabis industry in 2019, including the

FBMJ Client Prevails in Dismissal of Medical Malpractice Action

The Michigan Court of Appeals (COA) recently sided with arguments made by FBMJ attorneys, Anthony Pignotti and Randall Juip, resulting in a victory for their client. In an unpublished opinion issued by a panel of the Court of Appeals on August 13, 2019, the Court unanimously reversed the trial court’s partial denial of summary disposition and remanded the case to the trial court for entry of an