Publications

• Michigan Court of Appeals Affirms Order Striking Plaintiff’s Sole Standard of Care Expert

  August 16, 2016

  (August 16, 2016) In a recent unanimous opinion in Walworth v Metropolitan Hospital, et al (Docket No. 327795), the Michigan Court of Appeals affirmed Kent Court Circuit Court Judge Mark Trusock’s order striking the plaintiff’s sole standard of care expert and dismissing the plaintiffs’ complaint shortly before trial.  Walworth involved the performance of a canaloplasty […]

• Court of Appeals and Supreme Court Face-off Over Daubert Standards

  August 8, 2016

  (August 8, 2016) A face-off between the Court of Appeals and Supreme Court over Daubert standards leaves the medical malpractice community; practitioners and parties on all sides without a firm foundation as to how or when scientific literature may be used to pursue or fend off challenges to expert testimony. But, it may lead to […]

• OSHA Online Injury Regulations Take Effect August 10

  August 4, 2016

  (August 4, 2016) Earlier this year, OSHA announced final changes to its rules governing the reporting of workplace injuries. These final rules are effective August 10, though the new electronic reporting requirement does not begin to phase in until January 1, 2017. The bulk of the new OSHA regulations deal with electronic reporting and new […]

• Business Court Rules on Post-Termination Commissions

  August 1, 2016

  (August 1, 2016) The Michigan Sales Representatives’ Commissions Act (“SRCA”) provides for enhanced damages if an employer intentionally fails to pay sales commissions when due. The Kent County Specialized Business Docket (“Business Court”) recently addressed the issue of enhanced damages for post-termination sales commissions in the case of Grado, Inc. v. Zebra Skimmers Corporation. In […]

• “Prevailing Party” Does Not Need to Win Claim to Collect Attorney Fees

  July 28, 2016

  (July 28, 2016) Can a party collect attorney fees available to “prevailing parties” under the Construction Lien Act without actually winning its lien foreclosure claim? According to a recent decision by the Michigan Supreme Court, the answer is “Yes” – at least when that party receives an arbitration award establishing that it proved a breach […]

• Michigan Supreme Court Clarifies Standard Applied to B2B Noncompetition Agreements

  July 19, 2016

  On Friday, July 14, 2016, the Michigan Supreme Court issued an opinion addressing what standard must be applied by courts reviewing noncompetition agreements in business-to-business transactions. The case, Innovation Ventures LLC v Liquid Manufacturing LLC, involved a noncompetition agreement found in contracts between Innovation Ventures, LLC (“Innovation”), the maker of “5 Hour Energy” drinks, and […]

• Michigan Supreme Court Addresses Pandora and Privacy

  July 18, 2016

  (July 18, 2016) Michigan’s Preservation of Personal Privacy Act, or “PPPA,” is a relatively obscure law aimed at protecting individuals’ privacy with respect to the purchase, rental, or borrowing of books and recordings.1 The law was enacted in 1988, but with the subsequent explosion of the internet its application is now being tested to more […]

• Michigan Supreme Court Vacates Prior Order Granting Leave to Appeal and Leaves the Issue of Damages for Negotiated Insurance Discounts to the Legislature

  July 14, 2016

  (July 14, 2016) Michigan Supreme Court vacates prior order granting leave to appeal in case involving the impact of negotiated insurance discounts on a plaintiff’s recovery of damages. Unless the Legislature takes action, plaintiffs will be permitted to admit and recover the entire billed amount of medical expenses even if the medical providers accepted a lower […]

• Court of Appeals Rules on Parenting Rights for Unmarried Same-Sex Couples

  July 11, 2016

  A July 5, 2016 decision by the Michigan Court of Appeals will affect unmarried same-sex couples. In Lake v Putnam, the court rejected a claim for custody and parenting time made by the former same-sex partner of the child’s biological mother, where the parties had been in a relationship for 13 years, the child was conceived […]

• You Ask, We Answer.

  June 16, 2016

  Q: I run a nonprofit organization. We pay our managers a salary, but most of them do not meet the new salary basis requirements published by the Department of Labor. What do I do? A: Depending on the details of your organization, as well as the details of the work performed by your employees, the […]