Business Issues
Michigan Gov. Signs Law Giving Healthcare Facilities Liability Protections
On October 22, 2020, Governor Whitmer signed into law House Bill 6159, creating a Pandemic Health Care Immunity Act to protect health care workers against liability for claims arising out of care provided in response to the COVID-19 pandemic. This law was part of a package of COVID-related bills signed last week that included a law that protects businesses that comply with “all relevant COVID-19
Pharmacies Can Be Sued For Ordinary Negligence But Not Medical Malpractice
By: Nicole Joseph-WindeckerIn its unanimous unpublished decision of Estate of Kevin Karl Gottschalk, by Kathleen Tocco, Personal Representative. v. Plumbrook Pharmacy, et al., the Michigan Court of Appeals held that pharmacies cannot be sued for medical malpractice as a matter of law. This ruling on September 17 was consistent with prior decisions from Michigan courts on the grounds that pharmacie
FBMJ Attorney Joseph McGill Elected Treasurer of the State Bar of Michigan
Foley, Baron, Metzger & Juip PLLC is pleased to announce that Joseph McGill, a principal with the firm, was recently elected as the treasurer of the State Bar of Michigan for the 2020-2021 bar year. McGill will be sworn in by Justice Bridget McCormack of the Michigan Supreme Court at the State Bar of Michigan annual meeting. The ceremony will be broadcast live on the State Bar of Michigan You
Attorney Anthony Pignotti Authors Article on COVID-19 Executive and Administrative Orders and Their Impact on the Legal System for MDTC Quarterly
FBMJ attorney Anthony Pignotti authored “Summary and Analysis of Executive and Administrative Orders Issued in Response to the COVID-19 Pandemic and Their Impact on the Legal System” for the September 2020 issue of Michigan Defense Quarterly Volume 37, No. 1 - 2020.The article addresses how COVID-19-related executive and administrative orders in Michigan have impacted civil litigation deadline
2021 Medical Marijuana Licensing Fees – Not So High
The annual regulatory fees set by state regulators and paid by licensed medical marijuana businesses are significantly decreasing – by up to 70% for some licensees. The decrease in these fees, which cover costs incurred by the state in maintaining the state medical marijuana program, is a welcome development to many who saw them as barriers to opening and maintaining a profitable medical marijua
Oakland County Violated Constitution by Keeping Tax Sale Proceeds
County governments that sell properties at auction to satisfy unpaid tax debts commit an unconstitutional taking when they keep the surplus proceeds of those sales beyond the amount of taxes owed. Relying in part on law from 800 years ago, the Michigan Supreme Court issued a ruling on July 17, 2020 that property owners’ interests in the surplus proceeds of any such sales remain even after the au
Gov. Whitmer Extends Remote Notarization Provisions Through August 31, 2020
Remote notarizations will continue to be permitted through August 31, 2020 under a new order Gov. Whitmer issued this week. Executive Order 2020-158 extended a previous order encouraging the use of electronic signatures and remote witnessing of signatures due to COVID-19 and suspending in-person notarization and signing requirements.NOTARIZATIONAs with the prior order, a notary is not required to
Attorney Anthony D. Pignotti Featured Presenter for Michigan Society of Healthcare Risk Management (MSHRM)
FBMJ attorney, Anthony D. Pignotti, presented “Use and Disclosure of Electronically Stored Information in Healthcare” to the Michigan Society of Healthcare Risk Management (MSHRM) on July 15, 2020, as part of its Summer Webinar Series. The presentation covered the potential types of ESI generated and maintained in healthcare systems, the legal rules governing ESI, the legal implications of E
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
More Businesses Allowed to Open But Must Be Compliant
The start of June brings further relaxed restrictions in the State of Michigan as the Governor announced an end to the Stay at Home orders applicable to most Michigan businesses. This is the Governor’s recognition of the State’s overall improvement in combatting COVID-19, correlating with improved tracing efforts, health system capacity, testing infrastructure, and a decline in the number of n