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Commercial Litigation

FBMJ Attorney Joseph McGill Elected Treasurer of the State Bar of Michigan

Foley, Baron, Metzger & Juip PLLC is pleased to announce that Joseph McGill, a principal with the firm, was recently elected as the treasurer of the State Bar of Michigan for the 2020-2021 bar year. McGill will be sworn in by Justice Bridget McCormack of the Michigan Supreme Court at the State Bar of Michigan annual meeting. The ceremony will be broadcast live on the State Bar of Michigan You

Attorney Anthony Pignotti Authors Article on COVID-19 Executive and Administrative Orders and Their Impact on the Legal System for MDTC Quarterly

FBMJ attorney Anthony Pignotti authored “Summary and Analysis of Executive and Administrative Orders Issued in Response to the COVID-19 Pandemic and Their Impact on the Legal System” for the September 2020 issue of Michigan Defense Quarterly Volume 37, No. 1 - 2020.The article addresses how COVID-19-related executive and administrative orders in Michigan have impacted civil litigation deadline

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

Gov. Whitmer Extends Remote Notarization Provisions Through August 31, 2020

Remote notarizations will continue to be permitted through August 31, 2020 under a new order Gov. Whitmer issued this week. Executive Order 2020-158 extended a previous order encouraging the use of electronic signatures and remote witnessing of signatures due to COVID-19 and suspending in-person notarization and signing requirements.NOTARIZATIONAs with the prior order, a notary is not required to

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

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

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

FDA Says CBD is Illegal to Market & Possibly Unsafe

FBMJ attorneys Kim Sveska and Eric Nordan co-authored “FDA Says CBD Is Illegal To Market And Possibly Unsafe” published in the January 2020 issue of Michigan Pharmacist. The article concentrates on the legal uncertainty of the cannabidiol (CBD) products market.“FDA Says CBD Is Illegal to Market and Possibly Unsafe” discusses hemp and the confusion regarding its removal from the controlled

Is Your Vape Safe?

According to the Centers for Disease Control’s (CDC), as of January 21, 2020, 2,711 EVALI cases (e-cigarette or vaping product use-associated lung injury) or deaths have been reported to the CDC. There have been sixty (60) confirmed deaths in 27 states and the District of Columbia, including three (3) from Michigan. More deaths are under investigation. So far, 82% of EVALI patients reported usin

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