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Executive Order 2020-77 Emphasizes the State’s Requirement for COVID-19 Specific Preparedness Plan to Protect In-Person Workers

It should now be clear to business owners that a return to in-person work will require employers in Michigan, as well as much of the rest of the country, to implement a COVID-19 preparedness and response plan prior to workers returning to in-person work. These plans are mandated regardless of the type of work the business performs and require businesses to take a hard look at the many routine proc

Governor Whitmer’s New Stay-At-Home Order (Executive Order 2020-42) Has Legal Requirements for Business Owners to Fulfill Before Starting In-Person Operations

In addition to the Stay-at-Home provisions and exceptions in Governor Whitmer’s Executive Order 2020-42 which are outlined below, the Order requires business owners to address three legal requirements to conduct in-person operations. These are: (1) Preparation of a COVID-19 Preparedness and Response Plan consistent with OSHA guidance; (2) determine who, if any, qualify as critical infrastructure

Executive Order 2020-21 (COVID-19) – What the Stay at Home Order Means for Michigan Citizens and Businesses

On March 23, 2020, Governor Whitmer issued a “stay-at-home” order titled Executive Order 2020-21 (“EO 2020-21”). The stated purpose of the Order is to assist in slowing the spread of novel Coronavirus COVID-19 and to protect the healthcare system from being overwhelmed. This article provides an overview of the Order and how it may impact Michigan citizens and businesses.At the most fundame

The Ol’ Expert Switcheroo: COA Holds AOM Signed by New Expert “Amendment” and Relates Back

If a plaintiff replaces an affidavit of merit (AOM) signed by an unqualified expert with one signed by a qualified expert, does the subsequent AOM constitute an “amendment” to the original AOM, such that it relates back for statute of limitations purposes? Surprisingly, yes—at least according to the Court of Appeal’s recent opinion in Legion-London v. Surgical Inst. of Mich Ambulatory Surg

2020 Michigan Non-Economic Damages Caps

The State of Michigan Department of Treasury has announced the 2020 Non-Economic Damages Caps for medical malpractice claims. With respect to obtaining compensation for the injured plaintiff, Michigan has a statutory cap on the amount of noneconomic loss that a plaintiff may be awarded in a medical malpractice lawsuit. Noneconomic damages are intended to compensate the plaintiff for injuries and l

COA: Medicaid Lien Reimbursement Made Easy…

On February 4, 2020, the Michigan Court of Appeals issued its published opinion in the matter of Theresa Byrnes, et al. v. Jacob Martinez, M.D., et al. This opinion provides much-needed guidance to attorneys and courts regarding the methods used to consider and implement when attempting to settle a lawsuit involving a Medicaid lienholder. The opinion also provides specific guidance regarding how t

FDA Says CBD is Illegal to Market & Possibly Unsafe

FBMJ attorneys Kim Sveska and Eric Nordan co-authored “FDA Says CBD Is Illegal To Market And Possibly Unsafe” published in the January 2020 issue of Michigan Pharmacist. The article concentrates on the legal uncertainty of the cannabidiol (CBD) products market.“FDA Says CBD Is Illegal to Market and Possibly Unsafe” discusses hemp and the confusion regarding its removal from the controlled

Is Your Vape Safe?

According to the Centers for Disease Control’s (CDC), as of January 21, 2020, 2,711 EVALI cases (e-cigarette or vaping product use-associated lung injury) or deaths have been reported to the CDC. There have been sixty (60) confirmed deaths in 27 states and the District of Columbia, including three (3) from Michigan. More deaths are under investigation. So far, 82% of EVALI patients reported usin

Attorneys Baron, Cortez & Nordan Co-Author Article for CLM Magazine – “The Path Forward For Cannabis”

FBMJ attorneys Richard Baron, Daniel Cortez and Eric Nordan co-authored “The Path Forward For Cannabis,” published in the December 2019 issue of CLM Magazine. The article focuses on legal and regulatory developments in 2019 that signal clarity and confusion for insurers.“The Path Forward For Cannabis” discusses a look back at the developments in the cannabis industry in 2019, including the

FBMJ Attorney Featured Speaker at Annual Nursing Professional Development Day

On November 7, 2019, FBMJ attorney, Sarah Tupica Berard, presented “Anatomy of a Lawsuit” at Beaumont Hospital Farmington Hills at its Second Annual Nursing Professional Development Day. The presentation was designed to enhance the nursing staff’s understanding of the litigation process, best practices in documentation and the interplay between documentation and giving a deposition in a malp