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Beating the School Bell: Supreme Court Adopts Lenient Tardy Policy for NOIs.

If a Notice of Intent (“NOI”) is served on the final day of the statute of limitations period when only a fraction of a day remains, is that fractional day tolled and preserved for statute of limitations purposes? The Michigan Supreme Court addressed this question in its June 27, 2017 Opinion in Haksluoto v. Mt Clemens Regional Medical Center. Conjuring images of a teacher in a one-room school

Greer: A Pain in the Rear(view)

Greer v Advantage Health has been a drama three years in the making. There’ve been highs, lows, and perhaps a few tears. But, all that is behind us now! Mostly…On January 6, 2017, Governor Rick Snyder signed Senate Bill 1104, which remedies the problem created in Greer by ensuring that plaintiffs are awarded fair compensation for medical expenses actually incurred rather than windfall recov

FBMJ Attorneys Co-Author Article for The Litigation Journal on the History & Development of Woodard v. Custer

FBMJ attorneys Anthony Pignotti and Mitchell Jackson co-authored “The 10th Anniversary of Woodard v. Custer: Where We’ve Been and Where We’re Going” published in the Summer 2016 issue of The Litigation Journal. The article focused on issues surrounding standard of care qualification requirements set forth for expert witnesses in medical malpractice cases in MCL § 600.2169, 10 years after

Practitioners Beware: Loose Lips Should Be Zipped!

A split panel of the Michigan Court of Appeals held that improper disclosure of a diagnosis to the patient’s wife constituted ordinary negligence. (William Brandon v. Denise L. Handelsman, D.O. 2/23/16-Unpublished) While unpublished decisions are only binding on the case in which it was decided and have no precedential value in other cases, the majority opinion is noteworthy as it provides some

FBMJ Successful in Appeal for Reversal of Denied Motion for Summary Disposition

FBMJ attorneys Judith Sherman and Carole Empey recently returned a victory for client Oakwood Healthcare at the Michigan Court of Appeals (COA) in Janice Brown vs. Oakwood Healthcare Inc. The central issue on appeal was whether the Trial Court erred in denying Oakwood’s motion for summary disposition because it was not liable for the alleged negligence of defendant Dr. Sham Gupta under a theory