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Appeals

SCOTUS Allows Takings Claims to Bypass State Courts

On June 21, 2019 the U.S. Supreme Court overturned a 35-year old precedent and held that a private landowner who alleges the government has taken their land without just compensation can immediately sue in federal court. Previously such claims had been directed to state courts under state inverse condemnation claims, including here in Michigan. However, under this ruling, land owners would file th

Supreme Court Amends Discovery Rules

By:  Christopher J. Ryan, Esq.On June 19, 2019, the Supreme Court issued an order amending multiple Court Rules in ways that will significantly alter the daily practice of attorneys engaged in civil litigation. 11 of the 16 rules contained in subchapter 2.300 (addressing discovery in civil proceedings) were amended. The amendments take effect January 1, 2020. This article highlights some of what

Religious Land Use Case Survives Summary Judgement, Heads to Trial

FBMJ client, River of Life Ministries, defeated a motion brought by defendant Clinton Township to have their claims under the Religious Land Use and Institutionalized Persons Act (RLUIPA) dismissed at a hearing in U.S. District Court on May 22. This follows River of Life previously obtaining land use approval and recovering $62,000 in attorney fees in costs in the case, which now likely will head

Supreme Court Declines to Hear RLUIPA Matter

The Supreme Court of the United States of America (SCOTUS) declined this week to hear an Ohio case that alleged violations of the Religious Land Use and Institutionalized Persons Act, or RLUIPA. That the Supreme Court decided not to hear an appeal from the Sixth Circuit Court of Appeals keeps in place a split among the circuit courts of appeal as to how to address RLUIPA’s equal terms claims. RL

Nicholas J. Tatro Joins Foley, Baron, Metzger & Juip, PLLC as a Senior Associate

Foley, Baron, Metzger & Juip, PLLC (FBMJ) is pleased to announce that Nicholas J. Tatro has joined the firm as a Senior Associate. Clyde M. Metzger, Managing Member, made the announcement.Nick’s practice focuses on environmental, toxic tort, mass tort and products liability litigation, permitting and compliance with environmental regulations, and defending against alleged violations of envir

(Ian) Eric Nordan Joins Foley, Baron, Metzger & Juip, PLLC as an Associate

Foley, Baron, Metzger & Juip, PLLC (FBMJ) is pleased to announce that (Ian) Eric Nordan has joined the firm as an Associate. Clyde M. Metzger, Managing Member, made the announcement.Eric has joined the Healthcare Law practice group and will be representing pharmacists, physicians and other healthcare professionals with licensure and/or regulatory issues, buy-sell transactions, contracts and ot

2019 Michigan Non-Economic Damages Caps

On January 18, 2019, the State of Michigan Department of Treasury announced the 2019 Non-Economic Damages Caps for medical malpractice claims. Michigan has placed these limitations on the total amount of damages for non-economic loss that are recoverable in a medical malpractice action since 1993. The limitations are enacted by statute in MCL § 600.1483, which defines “non-economic loss” as d

COA: On Campus, (but) Off the Hook

On August 9, 2018, attorneys from Foley, Baron, Metzger and Juip scored a significant win at the State of Michigan Court of Appeals (COA) in the case of Abigail Schmitt v Genesys Regional Medical Center. The appeals court panel reversed a lower court’s decision and granted summary disposition to Genesys Regional Medical Center on the lack of ostensible agency between the hospital and an indepen

COA: If It Doesn’t Change Your Mind . . .

On May 3, 2018 the Michigan Court of Appeals issued its opinion in the matter of Teri Luten v Genesys Regional Medical Center, et al., one which may provide some ammunition to Defendants in attacking Plaintiff proximate causation theories, especially in cases involving “chain of command.” In a 2-1 decision, the panel reversed the trial court’s denial of the Defendant’s Motion for Summary

2018 Michigan Non-Economic Damages Caps

Since 1993, Michigan has placed a limitation on the total amount of damages for non-economic loss that are recoverable in a medical malpractice action.  The current limitation is enacted by statute in MCL § 600.1483.  “Non-economic loss” is defined under the statute to mean damages or loss due to pain, suffering, inconvenience, physical impairment, physical disfigurement, loss of society an