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Litigation

Nicholas J. Tatro Joins Foley, Baron, Metzger & Juip, PLLC as a Senior Associate

Foley, Baron, Metzger & Juip, PLLC (FBMJ) is pleased to announce that Nicholas J. Tatro has joined the firm as a Senior Associate. Clyde M. Metzger, Managing Member, made the announcement.Nick’s practice focuses on environmental, toxic tort, mass tort and products liability litigation, permitting and compliance with environmental regulations, and defending against alleged violations of envir

(Ian) Eric Nordon Joins Foley, Baron, Metzger & Juip, PLLC as an Associate

Foley, Baron, Metzger & Juip, PLLC (FBMJ) is pleased to announce that (Ian) Eric Nordon has joined the firm as an Associate. Clyde M. Metzger, Managing Member, made the announcement.Eric has joined the Healthcare Law practice group and will be representing pharmacists, physicians and other healthcare professionals with licensure and/or regulatory issues, buy-sell transactions, contracts and ot

2019 Michigan Non-Economic Damages Caps

On January 18, 2019, the State of Michigan Department of Treasury announced the 2019 Non-Economic Damages Caps for medical malpractice claims. Michigan has placed these limitations on the total amount of damages for non-economic loss that are recoverable in a medical malpractice action since 1993. The limitations are enacted by statute in MCL § 600.1483, which defines “non-economic loss” as d

Elyse L. Heid Joins Foley, Baron, Metzger & Juip, PLLC as an Associate

Foley, Baron, Metzger & Juip, PLLC (FBMJ) is pleased to announce that Elyse L. Heid has joined the firm as an Associate. Clyde M. Metzger, Managing Member, made the announcement.Elyse’s practice focuses on defending healthcare professionals and entities in medical malpractice litigation. Her experience includes handling birth trauma, radiology, urology, orthopedic surgery, nursing, and other

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

Fruchey Co-Presents “A Legal Perspective on PFOS/PFAS Contamination Issues”

FBMJ attorney Ben Fruchey co-presented “A Legal Perspective on PFOS/PFAS Contamination Issues” to the Environmental Law Section of the State Bar of Michigan (SBM) on July 10, 2018.  The presentation provided an overview of the physical properties, regulation and remediation of Per- and polyfluoroalkyl substances (PFAS), with an emphasis on sites and regulation in Michigan.  The presentatio

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