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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

Perfluoroalkyl Compounds: An Emerging Contaminant in Michigan

FBMJ attorneys Richard Baron, Benjamin Fruchey and Nicholas Andrew co-authored “Perfluoroalkyl Compounds: An Emerging Contaminant in Michigan,” published in the Fall 2017 issue of the State Bar of Michigan Environmental Law Journal. The article focuses on the impact of poly- and perfluoroalkyl substances (PFASs) as emerging contaminants in the State of Michigan, while also providing a general

FBMJ Attorneys Co-Author Article for CLM – “Emerging Contaminants – What You Need to Know About PFASs”

Richard Baron, Benjamin Fruchey and Nicholas Andrew co-authored “Emerging Contaminants – What You Need to Know About PFASs,” published in the December, 2017 issue of CLM Magazine. The article focuses on the impact of poly- and perfluoroalkyl substances (PFASs) as emerging contaminants, and how the associated health and environmental consequences have caught the insurance industry’s attenti

Attorney Richard Baron Presents Fracking Webinar

FBMJ attorney, Richard Baron, along with Texas attorney Rebecca Jo Reser, delivered a presentation entitled “Fracking and Insurance Coverage Issues” as part of the quarterly meeting of the Environmental & Toxic Tort Section of the Claims and Litigation Management Alliance (CLM). The presentation focused on the hydraulic fracturing (“fracking”) process, the environmental risks associate

Emerging Contaminants, Emerging Concerns

Most contaminants share a common trait: stop its release and the ecosystem will dilute the concentrations or degrade the contaminant until it is no longer a threat to human health or the environment. Yet greater attention and scrutiny is now being focused on the potential harmful effects of poly- and perfluoroalkyl substances (PFASs), substances that appear to be highly mobile, easily enter the hu

FBMJ Attorneys Co-author Article on Perfluoroalkyl Substances – in Fall Issue of the SBM Environmental Journal

FBMJ attorneys Richard Baron, Benjamin Fruchey and Nicholas Andrew co-authored “Perfluoroalkyl Compounds: An Emerging Contaminant in Michigan,” published in the Fall 2017 issue of the State Bar of Michigan Environmental Law Journal.  The article focuses on the impact of poly- and perfluoroalkyl substances (PFASs) as emerging contaminants in the State of Michigan, while also providing a genera

Attorney Benjamin Fruchey Presents on Water Laws and Regulations

FBMJ attorney Benjamin Fruchey was a featured speaker at the HalfMoon Seminar on Water Laws and Regulations held September 19, 2017 at the Livonia Marriott. Fruchey’s presentation titled, “Emerging and Developing Issues in Water Law” addressed Lead (Pb) in drinking water, as well as poly- and perfluoroaklkyl substances (PFASs), an emerging constituent of concern.The HalfMoon Seminar attended

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

FBMJ Attorneys Co-Author Article for CLM – “When Water Becomes Waste”

Richard Baron, Ben Fruchey and Nicholas Andrew co-authored “When Water Becomes Waste,” published in the June, 2017 issue of CLM Magazine. The article focuses on the significant growth in insurance claims related to the release of water extracted from the ground as a byproduct of oil and gas production, often involving hydraulic fracturing (fracking), and the importance of understanding the pot

Covenant Broken?

The recourse for healthcare providers in recouping costs from No-Fault insurers was cast into serious doubt in the wake of the Michigan Supreme Court’s ruling in Covenant Medical Center v State Farm Mutual Automobile Insurance Co. (Supreme Court Case No. 152758). In its May 25, 2017 Opinion, the high court held that a healthcare provider does not have an independent statutory cause of action aga