Litigation
Racketeering Lawsuit Against Cannabis Company Proceeds
While marijuana continues to become legal in more and more states, business owners should be aware of some in their communities who view them as no better than traditional criminal organizations. Multiple lawsuits brought against cannabis companies under the Civil Racketeer Influenced and Corrupt Organizations Act – better known as RICO – that traditionally has been associated with organized c
FBMJ Client Prevails in Dismissal of Medical Malpractice Action
The Michigan Court of Appeals (COA) recently sided with arguments made by FBMJ attorneys, Anthony Pignotti and Randall Juip, resulting in a victory for their client. In an unpublished opinion issued by a panel of the Court of Appeals on August 13, 2019, the Court unanimously reversed the trial court’s partial denial of summary disposition and remanded the case to the trial court for entry of an
Federal Government Sues City of Troy, Michigan for Violation of RLUIPA
The Department of Justice (DOJ) has brought suit against the City of Troy on behalf of a Muslim organization that alleges violations of the Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”). RLUIPA is a federal law that protects the First Amendment rights of religious assemblies of all faiths to open houses of worship. The lawsuit is part of a nationwide program on the pa
FBMJ Attorneys Featured Speakers at Hospital Live Lecture Grand Rounds
On November 4, 2019, FBMJ attorneys, Clyde Metzger and Mitchell Jackson, presented “Defending Your Care Through Documentation” to residents, interns, physicians and Risk Managers at St. Joseph Mercy Oakland (SJMO) in Pontiac, Michigan as part of its live lecture Grand Rounds, a continuing medical education (CME) program. The presentation was designed to enhance the medical professionals’ und
Nicole Joseph-Windecker Joins Foley, Baron, Metzger & Juip, PLLC as an Associate
Foley, Baron, Metzger & Juip, PLLC (FBMJ) is pleased to announce that Nicole Joseph-Windecker has joined the firm as an Associate Attorney. Clyde M. Metzger, Managing Member, made the announcement.Nicole’s practice will focus on defending healthcare professionals and entities in medical malpractice litigation. In addition to defending healthcare professionals, Nicole has experience defending
FBMJ Attorneys Featured Speakers at Michigan Radiological Society Conference
FBMJ attorneys, Randall A. Juip and Anthony D. Pignotti, presented “Current Issues in the Overlap Between Radiology and the Law” to members of the Michigan Radiological Society on October 12, 2019, at their UpNorth Conference in Traverse City, Michigan. The conference was an opportunity for diagnostic radiologists, interventional radiologists, radiation oncologists, nuclear medicine physicians
FBMJ Attorneys Featured Speakers at U of M College of Pharmacy Event
FBMJ attorneys, Kim Sveska, RPh, MS, JD and Eric Nordan, RPh, PharmD, JD, presented “Current Status of Marijuana in Michigan” to more than 200 members of the University of Michigan College of Pharmacy on October 4, 2019, at the Tom D. Rowe 68th Annual Pharmacy Lectures in Ann Arbor, Michigan. The lectures presented important and emerging issues in pharmacy practice and drug therapy. Sveska’s
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
SCOTUS Allows Takings Claims to Bypass State Courts
On June 21, 2019 the U.S. Supreme Court overturned a 35-year old precedent and held that a private landowner who alleges the government has taken their land without just compensation can immediately sue in federal court. Previously such claims had been directed to state courts under state inverse condemnation claims, including here in Michigan. However, under this ruling, land owners would file th
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