Blog

  • Michigan Court of Appeals Clarifies Next Friend Appointments

    June 6, 2019

    The Michigan Court of Appeals recently published an opinion addressing “whether a lawsuit, timely filed by or on behalf of a minor plaintiff, is defective and invalid until the trial court formally appoints a next friend for the minor.”  Estate of Olin v Mercy Health (Docket Nos: 341523; 342937).  The Michigan Court Rules require the […]

  • Recent Ruling Defines “Issued” Date for Letters of Authority in Wrongful Death Cases

    May 20, 2019

    In an opinion published on May 14, 2019, the Michigan Court of Appeals clarified when letters of authority are “issued” to a personal representative for purposes of determining the running of the two year period of limitation provided by the wrongful death savings provision of MCL 600.5852.  Estate of Jesse v Lakeland Specialty Hospital (Docket […]

  • Court of Appeals Maintains Status Quo

    April 23, 2019

    Crego MD vs. DO Ruling The Michigan Court of Appeals released its long anticipated published opinion in Crego v McLean on April 16, 2019.  The issue presented in Crego was whether an allopathic physician (i.e. M.D.) is qualified to testify regarding the standard of care applicable to an osteopathic physician (i.e. D.O.) under MCL 600.2169(1)(b)(i).  […]

  • Exploring a World of Options: Key Considerations for Option Contracts

    March 11, 2019

    It’s good to know your options.  You don’t want chips with your sandwich? You’ll be happy to know you have the option to substitute fries (or fruit, for those more health conscious). You want a heated steering wheel, touchscreen navigation, and the DVD system in your SUV? You’re in luck. Those options can all be […]

  • Shareholder Oppression: Will You “Know It When You See It?”

    February 14, 2019

    A US Supreme Court Justice once famously stated that, while he might not be able to intelligently define what qualifies as obscene or pornographic, “I know it when I see it.”1 Many advisors and owners say the same thing about “shareholder oppression.”  They might not know the exact definition of “shareholder oppression,” but they claim […]

  • Appeal Affirms Jury Verdict and Holds That Res Ipsa Loquitur Applies in Premises Liability Cases

    January 31, 2019

    In October of 2014, John Pugno, a Rhoades McKee client represented by Stephen Hulst, was injured when a stack of heavy cardboard fell on top of him while he was walking through Blue Harvest Farms’ facility.  Blue Harvest created the stack of cardboard that measured over 14 feet high and weighed over 1,000 pounds. Blue […]

  • Escalating Environmental Due Diligence Costs Ahead?

    November 15, 2018

    Escalating Environmental Due Diligence Costs Ahead? In 2019, we may see an increase in due diligence costs associated with many commercial real estate transactions in Michigan. There is proposed legislation to impose government fees on customary environmental due diligence reports, as described below. Pending before the Michigan legislature is a bill (Senate Bill 943) that […]

  • Court Ruling Lacks Direction on Ordinary Negligence and Malpractice Claims

    July 30, 2018

    On July 23, 2018, the Michigan Supreme Court released its opinion in Trowell v Providence Hospital (Docket No. 154476) addressing whether the plaintiff’s claims are sounded in ordinary negligence or medical malpractice.  If a claim sounds in ordinary negligence or malpractice is often a critical issue as ordinary negligence claims are not subject to the […]

  • Non-Disclosure Agreements: The Beginning of a Deal

    May 20, 2018

    Sellers and Buyers want to negotiate, but need to protect themselves in the event a deal is not completed. The Non-Disclosure Agreement, or NDA, is the key to opening meaningful conversation, while protecting valuable interests. There are several topic areas you should expect to address in an NDA, though Sellers and Buyers each have their […]

  • Why First Impressions Matter in Business Valuation Litigation

    April 26, 2018

    In a business-divorce case or marital divorce case involving a business, each side typically hires an expert to provide the court or jury with an opinion as to the value of the business. Depending on a party’s position, their expert will seek to establish as high or low a value as possible. For example, a […]