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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

Documentation Beats Conversation

Are you properly documenting prescriber interventions before dispensing opioids to your patients? Documentation must support a pharmacist’s professional judgment with clarity and specificity. During a recent Michigan Board of Pharmacy (BOP) inspection, the state inspector advised caution to the pharmacy staff regarding opioid dispensing and documentation of opioid prescription interventions, 

State Clarifies “Applicants” for Marijuana Licensure

The Michigan legislature has given further guidance to individuals and businesses interested in obtaining a license for or participating in a new marijuana business. Public Act 3 of 2019, signed into law in April 2019, has clarified the confusion over who is considered an “Applicant” for application disclosure purposes on MMFLA applications submitted after the beginning of 2019.Only “applica

New Steps to Advance FDA’s Evaluation of CBD

The Food and Drug Administration (FDA) is moving forward with evaluating ways to allow cannabis and cannabis-derived products like cannabidiol (CBD) into foods, beverages, and dietary supplements. A public hearing will be held on May 31, 2019 at its White Oak Campus in Silver Spring, Maryland to discuss ways to bring products containing CBD and other cannabinoids to market. The information gathere

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

Cannabidiol & Cosmetics – Changing Federal & State Regulations

Based on recent enforcement actions and rule changes at the state and federal levels, the focus on cannabidiol (CBD), the non-psychoactive component of both hemp and marijuana, as an additive to consumer products is on consumable products such as foods, beverages, and dietary supplements rather than topical products such as cosmetics.  The FDA is advising that they may pursue enforcement actions

State Allows Provisioning Center to Reopen, Sell Untested Marijuana

There were four recalls of marijuana in January 2019 while more than 70 unlicensed provisioning centers were permitted to reopen as the state continues to struggle to find a balance of making marijuana available to those with a medical need and to ensure all provisioning centers that dispense such marijuana are licensed – a process that can take up to one year.For now, provisioning centers that

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

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