State, Federal, and Appellate Courts

  • Jomaa v Prime Healthcare Services-Garden City, LLC & Vasquez v Nugent

    May 10, 2022

    J.R. Poll recently filed amicus curiae briefs on behalf of the Michigan Society for Healthcare Risk Management (MSHRM) in the Michigan Court of Appeals in the matters of Jomaa v Prime Healthcare Services-Garden City, LLC (Docket No. 358209) and Vasquez v Nugent, et al (Docket No. 358134).  The Michigan Court of Appeals has granted leave to appeal […]

  • Rhoades McKee Obtains Emergency Injunctive Relief to Protect Client

    April 26, 2022

    Rhoades McKee attorney Stephen Hulst recently obtained a significant victory for catastrophically injured individuals and their fight to keep the care they need to survive. Stephen Gedda suffered a spinal cord injury in a 2011 auto accident, rendering him a quadriplegic and dependent on a ventilator.  Gedda’s auto insurer, State Farm, paid for the 24/7 […]

  • 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the MSC granted the plaintiff’s application for leave in Markel v William Beaumont Hospital from the Court of Appeals’ unpublished opinion affirming the trial court’s order dismissing claims […]

  • 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 […]

  • 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 […]

  • Using Your Best Judgment: Does the Business-Judgment Rule Protect Me From a Shareholder Oppression Claim?

    February 24, 2021

    Those in charge of running a business have countless decisions to make every day.  Those decisions are generally protected under Michigan law by the so-called “business-judgment rule.”  But as numerous recent decisions make clear, the business-judgment rule is not an absolute defense to claims of oppression by minority shareholders, and the business decisions of the […]

  • Whitmer vetoes legislation expanding and clarifying immunity for health care providers

    August 12, 2020

    On August 10, 2020, Governor Gretchen Whitmer vetoed Senate Bill 899 that would have amended the Emergency Management Act (EMA) to expand and clarify the scope of qualified immunity provided to health care providers during the COVID-19 pandemic. Among other things, Senate Bill 899 would have extended the period of qualified immunity to January 20, […]

  • Potential Pitfalls of Derivative Claims

    June 22, 2020

    Many owners believe that if those in control of the company are taking advantage of them or the company (for example, using company funds for personal expenses) that they can simply file suit.  Unfortunately, it’s not that easy.  In order for an owner to bring such a claim, they first need to identify whether or […]

  • Michigan Supreme Court Grants Application to Address “Possible Cause of Action Standard”

    May 27, 2020

    On May 22, 2020 the Michigan Supreme Court granted the plaintiffs’ application for leave in Bowman v St. John and Medical Cntr. In Bowman, the Court of Appeals reversed the trial court’s denial of the defendants’ motion for summary disposition based on expiration of the statute of limitations under the six month discovery rule. Bowman […]

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