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Constitutional Law

FBMJ Client Prevails in RLUIPA Matter

FBMJ attorneys have been successful in recovering all attorney fees spent by their client, River of Life Ministries, in securing formerly denied land use approval to operate their church in Macomb County. The fees were incurred as part of their federal lawsuit, Dorman et al v Clinton Township, alleging violations of the Religious Land Use and Institutionalized Persons Act, or RLUIPA.In an 8-page o

Sarah Tupica Berard Joins Foley, Baron, Metzger & Juip, PLLC

Foley, Baron, Metzger & Juip, PLLC (FBMJ) is pleased to announce that Sarah Tupica Berard has joined the firm as an Associate Principal attorney. Clyde M. Metzger, Managing Member, made the announcement.In her new position, Berard will join the Healthcare Law practice group representing physicians, nurses, physician groups, healthcare institutions, hospitals, management service organizations

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 (William Brandon v. Denise L. Handelsman, D.O. 2/23/16-Unpublished) While unpublished decisions are only binding on the case in which it was decided and have no precedential value in other cases, the majority opinion is noteworthy as it provides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