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Covenant Broken?

The recourse for healthcare providers in recouping costs from No-Fault insurers was cast into serious doubt in the wake of the Michigan Supreme Court’s ruling in Covenant Medical Center v State Farm Mutual Automobile Insurance Co. (Supreme Court Case No. 152758). In its May 25, 2017 Opinion, the high court held that a healthcare provider does not have an independent statutory cause of action aga

Richard Baron to Speak at 2017 Perrin Conferences’ Environmental Risk & Litigation Conference

FBMJ attorney Richard Baron will be a featured speaker at the upcoming Perrin Environmental Risk & Litigation Conference to be held June 20, 2017 at the Westin New York at Times Square in New York City. Rich will be the moderator and part of a panel of experienced environmental practitioners and insurance industry personnel examining relevant environmental issues. Their panel presentation titl

Solid, Liquid or Gas: What’s the Matter with Vapor Intrusion?

Imagine yourself as the owner of a small company that is looking for additional office space needed to expand your business. Lo and behold, you find the perfect commercial building, on a busy street, in the town you want to be in, and at the right price. You scoop up the building, noting only in passing that the adjacent business is a large gas station. Your company moves in, and business is good,

Juip Featured in Another Video in the Series, “Two Minutes, What’s the Risk?”

FBMJ Partner, Randall Juip was again featured in the continuing YouTube video series “Two Minutes, What’s the Risk?” produced by ProAssurance, a provider of innovative healthcare liability insurance solutions.In this video Juip explains that statistics show the question of whether a physician will be sued is not “if,” but “when.” He offers three important recommendations on how pract

Randall Juip Featured in New Videos Released in the “Two Minutes, What’s the Risk?” Series

FBMJ Partner, Randall Juip was recently featured in a continuing YouTube video series “Two Minutes, What’s the Risk?” produced by ProAssurance, a provider of innovative healthcare liability insurance solutions.In this video, Randy explains the disconnect that often occur in the minds of jurors when physicians order various patient tests, but fail to follow up with them on the results. He fur

Randall Juip Featured on ProAssurance YouTube Video Series “Two Minutes, What’s the Risk?”

ProAssurance, a provider of innovative healthcare liability insurance solutions, recently featured Foley, Baron, Metzger & Juip Partner Randall Juip on its YouTube video series “Two Minutes, What’s the Risk?”In the video, Randy explains the importance of electronic health records (EHR) and charting in the context of litigation. In particular, he discussed why it's critical to review EHRs

FBMJ Attorneys Co-Author Article for The Litigation Journal on the History & Development of Woodard v. Custer

FBMJ attorneys Anthony Pignotti and Mitchell Jackson co-authored “The 10th Anniversary of Woodard v. Custer: Where We’ve Been and Where We’re Going” published in the Summer 2016 issue of The Litigation Journal. The article focused on issues surrounding standard of care qualification requirements set forth for expert witnesses in medical malpractice cases in MCL § 600.2169, 10 years after

Critics State Proposed Changes to the SMS Will Only Benefit Those Who Can “Buy” Safety Credits

Trucking companies may soon be graded using another parameter to measure their safety if proposed changes to the Safety Measurement System (SMS) are effected as a result of a new Beyond Compliance Program proposed by the Federal Motor Carrier Safety Administration (FMCSA) on April 20, 2016. Under the proposed program, motor carriers will be recognized and rewarded for exceeding regulatory safety r

FBMJ Attorneys Co-Author Article for CLM on Flint Water Crisis – “Tragedy on Tap”

Richard Baron and Ben Fruchey co-authored “A Tragedy on Tap,” published in the May 2016 issue of Claims Management Magazine. The article focused on issues surrounding the Flint, Michigan water crisis that are of interest to claims professionals and attorneys, concentrating on the claims and litigation aspect of the recent crisis.“A Tragedy on Tap” included a summary of the underlying facts

Non-adherence to Reporting Changes Could Lead to Pharmacy Suspension or De-participation

Caremark has recently sent out an Amendment to the 2016 Caremark Provider Manual to those pharmacies that participate in its pharmacy networks concerning the “Reporting of Investigations and Disciplinary Actions.”This provision requires a pharmacy to report to Caremark in writing the occurrence of certain events within 10 business days of the event, such as:When the pharmacy’s license is in