Publications

• Michigan Supreme Court Addresses Admissibility of Expert Standard of Care Opinions and Qualification of Expert Witness in Medical Malpractice Action

  June 14, 2016

  On June 6, 2016, the Michigan Supreme Court released its unanimous opinion in Rock v Crocker (Docket No. 150719).  In this opinion authored by Justice Bernstein, the Supreme Court addressed two issues in the context of a medical malpractice action:  (1) the admissibility of testimony by the plaintiff’s expert witness that the defendant physician breached […]

• Jury Awards Damages and Sends a Message to an Unclaimed Property Firm

  May 19, 2016

  (May 19, 2016) Without our client’s authorization, Unclaimed Property Recovery & Reporting, LLC and UPRR Securities, LLC (“UPRR”) exchanged 247,000 shares of our client’s stock in a company called JDS Uniphase, Corp., for 30,850 new shares. They also, again without the client’s authorization, sold 5,326 of those new shares for $64,391.34, pocketing $55,991.81 of the […]

• Michigan Supreme Court Recognizes Municipalities’ Right to Adopt Local Prevailing Wage Ordinances

  May 18, 2016

  On May 17, 2016, the Michigan Supreme Court ruled in Associated Builders and Contractors v City of Lansing that local municipalities have the right to adopt local ordinances that govern the wages paid to third-party employees working on municipal construction contracts. The Court’s ruling overturned a nearly 100 year old case which had been used […]

• DOL Overtime Rule Finally Announced

  May 18, 2016

  On May 18, 2016, the U.S. Department of Labor announced a final rule updating the regulations governing the exemption of executive, administrative, and professional employees from the minimum wage and overtime pay protections of the Fair Labor Standards Act (“FLSA”). This rule will go into effect December 1, 2016 and is estimated to extend the […]

• OSHA Online Injury Reporting Rule Finalized

  May 12, 2016

  On May 11, 2016, OSHA announced final changes to its rules governing reporting of workplace injuries.  The new reporting rules will kick in for submissions due July 1, 2017.  While the new guidelines do not change who or what needs to be reported to OSHA, the method of reporting has changed for larger employers and […]

• Jury Protects West Michigan Business With “No Cause” Verdict in Sales Commission Dispute

  May 6, 2016

  (May 11, 2016) Doing business “on your word” and with a hand shake is nothing new. Many businesses trust that those they do business with will treat them fairly and live up to their end of the deal. Unfortunately, that does not always happen and, when a dispute arises, it often comes down to a […]

• Are Your Digital Assets Included in Your Estate Plan?

  May 2, 2016

  (May 3, 2016) For many of us life has changed drastically.  Although, if you are like me, the change has been slow, we must face the inevitable.  We used to pay bills by check through the USPS, receive hard copy bank statement in our mailbox, organize receipts in filing cabinets, and store photos in photo […]

• Should I Sign a Trust?

  March 1, 2016

  People regularly ask me whether they should have a Trust, or “just” a Will.  The answer is:  “It depends.”  First, let’s start with some definitions. What Is a Will? Most people have a general understanding of a Will.  In short, it lays out instructions for the distribution of property upon the owner’s death, names a […]

• Are Your Arbitration Provisions Enforceable?

  February 8, 2016

  (February 8, 2016) Arbitration is a form of alternative-dispute resolution where an arbitrator, as opposed to a court, decides the dispute between the parties.  Many businesses include arbitration provisions in their contracts, hoping to avoid the time and expense associated with litigating disputes in court. And, time and again, the Michigan Court of Appeals has […]

• Obtaining Injunctive Relief in the Michigan Business Court: When Your Business Needs Immediate Court Action

  December 14, 2015

  (December 15, 2015) As the saying goes, “the wheels of justice grind slowly.” That often holds true in litigated matters, where cases sometimes take years to resolve. One purpose of creating Business Courts in Michigan is to provide those in the business community with a more flexible and efficient forum to resolve disputes. So far, […]