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Litigation

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

COA: On Campus, (but) Off the Hook

On August 9, 2018, attorneys from Foley, Baron, Metzger and Juip scored a significant win at the State of Michigan Court of Appeals (COA) in the case of Abigail Schmitt v Genesys Regional Medical Center. The appeals court panel reversed a lower court’s decision and granted summary disposition to Genesys Regional Medical Center on the lack of ostensible agency between the hospital and an indepen

COA: If It Doesn’t Change Your Mind . . .

On May 3, 2018 the Michigan Court of Appeals issued its opinion in the matter of Teri Luten v Genesys Regional Medical Center, et al., one which may provide some ammunition to Defendants in attacking Plaintiff proximate causation theories, especially in cases involving “chain of command.” In a 2-1 decision, the panel reversed the trial court’s denial of the Defendant’s Motion for Summary

McGill and Cupples Co-Author Article for CLM – “Defending Carbon Monoxide Exposure Claims”

FBMJ attorneys Joe McGill and Jennifer Cupples co-authored “Defending Carbon Monoxide Exposure Claims,” published in the May, 2018 issue of CLM Magazine.  The article focuses on winning a carbon monoxide exposure claim with a thorough investigation based on recognized scientific methodology.“Defending Carbon Monoxide Exposure Claims,” discusses key elements of a successful defense of carb

FBMJ’s Medical Malpractice Attorneys Obtain Successful No Cause Verdict

On July 21, 2017 attorneys Clyde Metzger and Carole Empey obtained a no cause verdict on behalf of their clients, an obstetrician gynecologist, a professional services organization of physicians and a hospital. The jury found no malpractice and that the Defendants complied with the standard of care during a DaVinci robot-assisted hysterectomy.The case involved an ureteral injury that developed in

RICO, Nuisance Lawsuits Pop Up Against Medical Marijuana Businesses

It used to be the stuff of Hollywood movies featuring organized crime. Yet, while the Michigan Medical Marijuana Licensing Board is formulating the regulations that will govern medical marijuana growers, processors, transportors and dispensers in Michigan, courts in a number of states are issuing rulings that will allow marijuana grow operations – even if compliant with state regulations – to

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

2017 Non-Economic Damages Caps

The State of Michigan Department of Treasury has announced the 2017 Non-Economic Damages Caps for 2017 for medical malpractice claims. With respect to obtaining compensation for the injured plaintiff, Michigan – by statute – places a cap on the amount of noneconomic loss that a plaintiff may be awarded in a medical malpractice lawsuit.  Noneconomic damages are designed to compensate for injur