Publications

  • Michigan Supreme Court to Reconsider Scarsella v Pollak

    January 3, 2022

    Continuing a recent trend of granting leave in medical malpractice cases, the Michigan Supreme Court recently granted the plaintiff’s application for leave in Ottgen v Katranji to address whether its 2000 opinion in Scarsella v Pollak, 461 Mich 547 (2000) was “correctly decided.”  In Scarsella, the Michigan Supreme Court held that a timely complaint filed […]

  • State of the Estate Tax

    December 20, 2021

    If you’ve followed along this year, it has been quite the saga of events in Washington, D.C. regarding the future of the estate and gift tax.  Despite all the proposals that floated through both chambers of Congress and President Biden’s proposals, the estate tax is ending the year right where we started – with just […]

  • Michigan Supreme Court to Consider Significant Medical Malpractice Issues

    December 7, 2021

    The Michigan Supreme Court (MSC) recently entered orders in two cases signaling its intent to consider two important issues in medical malpractice litigation.  On October 20, 2021, the MSC granted the plaintiff’s application for leave in Markel v William Beaumont Hospital from the Court of Appeals’ unpublished opinion affirming the trial court’s order dismissing claims […]

  • OSHA Mandates COVID-19 Vaccination or Weekly Testing for Employers with 100+ Employees

    November 4, 2021

    Today, November 4, 2021, the Department of Labor’s Occupational Safety and Health Administration (OSHA) released an Emergency Temporary Standard (ETS) implementing President Biden’s mandate that all employers with 100 or more employees to require employees either be fully vaccinated or produce negative test results for COVID-19 on at least a weekly basis before coming to […]

  • OSHA Expected to Require Employers With 100+ Employees to Mandate COVID-19 Vaccination or Weekly Testing

    September 10, 2021

    On September 9, 2021, President Biden announced that the Department of Labor’s Occupational Safety and Health Administration (OSHA) is developing a rule that will require all employers with 100 or more employees to require employees either be fully vaccinated or produce negative test results for COVID-19 on at least a weekly basis before coming to […]

  • New Legislation to Expand Scope of Practice for Nurse Anesthetists

    July 29, 2021

    On June 30, 2021, House Bill 4359 was presented to Governor Gretchen Whitmer for signature. The bill will expand the scope of practice for certified registered nurse anesthetists (“CRNA”) in Michigan; making them solely responsible for the planning and administration of anesthesia care without physician involvement. This bill provides essential flexibility regarding physician supervision of […]

  • Senate Majority Leader Announces Draft Legislation to Decriminalize Cannabis on the Federal Level

    July 21, 2021

    Although more than half of the states in America have decriminalized marijuana at some level, with eighteen states fully legalizing recreational use of marijuana, cannabis remains illegal on the federal level, classified as a Schedule 1 substance under the Controlled Substances Act. Last week, Senate Majority Leader, Chuck Schumer, reported that he plans to introduce […]

  • Governor Whitmer Enacts Changes to State Definitions of “Marijuana” and “THC” to Include Synthetic Derivatives

    July 14, 2021

    The use of so-called “synthetic marijuana” products, particularly by those not old enough to purchase “real” marijuana from licensed and regulated cannabis businesses in Michigan, has been a source of major concern among law enforcement, regulators, and legitimate cannabis businesses who see business stolen away by those who have skirted existing statutes by exploiting what […]

  • The Death of the Non-Compete Agreement?

    July 13, 2021

    President Biden made a big splash last week with an Executive Order announcing steps to restrict or limit non-competition agreements which are prevalent in the private sector. According to the Fact Sheet issued by the White House, roughly half of all private sector businesses require at least some employees to enter non-compete agreements, affecting some […]

  • Penalizing the Aggressor: The First-Breach Defense Under Michigan Law

    June 7, 2021

    You see it in sports all the time.  Two players get into a heated exchange, one pushes the other, who then retaliates by pushing back even harder.  The referee, however, only sees the second push, and so the retaliator and his team get penalized, and the instigator walks back to their sideline with a grin […]

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