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Mass Torts

FBMJ Attorneys Win Change for Toxic Tort Causation Standards in Michigan

FBMJ Attorneys recently prevailed in convincing the Michigan Court of Appeals to require more stringent causation proofs from plaintiffs in toxic tort cases. The case will have far reaching consequences for all toxic tort cases, as the opinion brought causation analysis in Michigan toxic tort cases in-line with the causation analysis adopted by many other jurisdictions. This will provide all entit

Michigan State of Emergency Extends Into July: Here’s What Litigants Need to Know

Many of the more than 160 Executive Orders and Administrative Orders Gov. Whitmer and the Michigan Supreme Court have issued in response to the COVID-19 pandemic impact the legal system, the litigants, and their insurers. Below is a brief review of how these orders change important civil litigation deadlines ranging from the statute of limitations, motion practice and trials. These changes will co

Attorneys Fruchey & Tatro Co-Author Article for MDTC Quarterly – “PFAS Litigation: An Overview of Cases, Claims, Defenses, Verdicts & Settlements”

FBMJ attorneys Benjamin Fruchey and Nicholas Tatro co-authored “PFAS Litigation: An Overview of Cases, Claims, Defenses, Verdicts & Settlements,” published in the December 2019 issue of Michigan Defense Quarterly, Volume 36, No. 2 - 2019. The article, as the title suggests, focuses on contamination cases involving Per- and polyfluoroalkyl substances (PFAS) litigated cases.“PFAS Litigatio

Ben Fruchey Appointed to SBM Environmental Law Section Council

FBMJ attorney Benjamin Fruchey has been appointed to a three-year term on the State Bar of Michigan (SBM) Environmental Law Section Council. His term begins September 18, 2019 and runs until the SBM annual meeting in 2022. Before his appointment to the Council, Fruchey served on the Hazardous Substance and Brownfield Committees, during which time he presented on a new class of contaminants, per-an

Supreme Court Amends Discovery Rules

By:  Christopher J. Ryan, Esq.On June 19, 2019, the Supreme Court issued an order amending multiple Court Rules in ways that will significantly alter the daily practice of attorneys engaged in civil litigation. 11 of the 16 rules contained in subchapter 2.300 (addressing discovery in civil proceedings) were amended. The amendments take effect January 1, 2020. This article highlights some of what

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

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