Healthcare Issues
The Story Continues: Federal Court Strikes Down The FTC’s Non-Compete Ban
Earlier this year, we provided an update on the United States Federal Trade Commission (FTC)’s promulgation of its Rule banning non-compete agreements. Expectedly, the Rule was challenged. On August 20, 2024, the United States District Court for the Northern District of Texas issued an opinion and order setting aside the FTC’s Non-Compete Ban and preventing its enforcement. WHAT HAPPENED?W
FBMJ Attorney Featured Speaker at Hospital Grand Rounds
On Thursday, August 8th, Foley, Baron, Metzger, & Juip (FBMJ) attorney, Sarah Cherry, presented “Medical Malpractice: Charting Errors & Implications – Emergency Medicine Edition,” at Henry Ford Hospital Grand Rounds in Detroit, Michigan. Sarah presented to over 40 emergency medicine residents, interns, and physicians about appropriate charting in the emergency department. The present
No Cause Verdict for FBMJ Attorneys
Foley, Baron, Metzger & Juip attorneys Randy Juip and Sarah Cherry recently obtained a Defense Verdict (No Cause) in a medical malpractice jury trial in Wayne County Circuit Court.Randy and Sarah represented a major hospital system, an Emergency Medicine physician, and a Physician Assistant in a claim involving a 28-year-old female and two emergency department visits involving a hand laceratio
FBMJ Attorneys Successful in MSD of In Pro Per Case
A big shout out to FBMJ attorneys Brian Whitelaw and Cathy Rodey for the dismissal of a very complicated in pro per Complaint against a major healthcare system in the metro-Detroit area. Briefly, the plaintiff sought treatment for an oral infection while pregnant. Oral Surgery was called, and the patient was admitted and treated. Her child was later born with a genetic disorder, which she blamed o
The FTC Issues Non-Compete Ban – What Now?
In Michigan, courts generally presume the legality, validity, and enforceability of contracts. Although noncompete agreements have generally been disfavored by the law, they are enforceable to the extent that they are reasonable in time, geographic distance, and competitive interest. This may all be changing soon though. On April 23, 2024, the Federal Trade Commission (FTC) issued a Final Rule cr
Attorney Sarah H. Luchsinger Joins FBMJ
Foley, Baron, Metzger & Juip, PLLC is pleased to announce the hiring of attorney Sarah H. Luchsinger as a Senior Associate with the firm.Sarah’s practice primarily involves medical malpractice defense, but also includes nursing home negligence, general negligence, premises negligence, and trucking and auto negligence. In addition, she has experience with insurance defense, and family law, in
FBMJ’s Kim Sveska Wins Daubert Challenge
Congratulations to Foley, Baron, Metzger & Juip Member, Kim Sveska, for a recent successful Daubert win in a potentially high-damages medical malpractice case. A Daubert win is based on a standard which instructs judges to consider several factors related to expert witness reliability and testimony, as well as the relevance of the testimony to the case. Judges must make sure the scientific b
Congratulation to Sarah Cherry on Medical-Malpractice Dismissal
Foley, Baron, Metzger & Juip attorney, Sarah Cherry, was successful in obtaining another medical malpractice case dismissal on behalf of her hospital client involving an infected implantable cardioverter defibrillator (ICD), which allegedly migrated and perforated a patient’s colon. As required under Michigan law, Plaintiff served a notice of intent related to the ICD. Plaintiff then filed a
Stacey McDaniel Joins FBMJ as Associate Principal
Foley, Baron, Metzger & Juip, PLLC is pleased to announce the hiring of attorney Stacey McDaniel as an Associate Principal with the firm.Stacey’s practice focuses on defending health care professionals and organizations in complex medical malpractice claims. Her areas of expertise include neurosurgery, anesthesiology, orthopedics, neurology, birth trauma, cosmetic surgery, ophthalmology, ped
FBMJ Attorneys Present to Emergency Medicine Residents
Foley, Baron, Metzger & Juip attorneys Enrico Tucciarone, Brian Whitelaw, & Silvia Mansoor recently conducted an educational mock deposition for emergency medicine residents of a major healthcare system in metro-Detroit earlier this week. Special thanks to the hospital’s Resident “victim” for playing the role of a defendant physician, while FBMJ attorneys grilled the physician on top