State, Federal, and Appellate Courts

  • 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 […]

  • Executive Order (EO-64) prohibits discrimination in allocation of medical resources

    May 5, 2020

    Governor Gretchen Whitmer issued an executive order requiring hospitals to develop protocols to guide medical decision making in circumstances where demand for critical medical resources exceeds supply during the COVID-19 pandemic.  EO-64 further requires that the protocols prohibit “medical decision-making based on social stigma or stereotypes” regarding a long list of categories.  The preamble of […]

  • Executive Order (EO-61) Fails to Clarify Scope of Immunity for Health Care Providers

    April 27, 2020

    On April 26, 2020, Michigan Governor Gretchen Whitmer issued a new executive order (EO-61) expanding certain provisions of a previously issued executive order (EO-30) which addressed immunity of health care providers.  As outlined in the prior alert, Executive Order Provides Immunity to Health Care Providers, EO-30 included a provision extending immunity from liability to “licensed […]

  • Business, Interrupted: Does Insurance Cover Your Business Losses Due to COVID-19?

    April 20, 2020

    If your business has business interruption insurance and has shut down due to the current COVID-19 pandemic, there are at least three steps you should take now in order to understand what coverage your policy may provide and to protect any possible rights you may have. Three Critical Factors to Understand Your Business Interruption Insurance […]

  • Healthcare Workers and First Responders Eligible for Workers’ Compensation for COVID-19 Exposure

    April 15, 2020

    Michigan has taken steps to mitigate the financial risks that healthcare workers and first responders face by continuing to serve the rest of us.  Under this revised Emergency Rule, issued on March 30 by the Department of Labor and Economic Opportunity, “first response employees” diagnosed with COVID-19 by test or by a physician are presumptively eligible […]

  • Executive Order Provides Immunity to Health Care Providers During COVID-19

    April 10, 2020

    A measure of relief has been afforded to health care providers on the frontlines of the battle in the COVID-19 pandemic.  On March 29, 2020 the Governor issued Executive Order 2020-30 (“EO-30”) containing a number of provisions designed to support and enhance the ability of health care providers to respond to the COVID-19 pandemic.  One […]

  • Court of Appeals Holds That Radiology Technician is Not Capable of Committing Malpractice

    April 8, 2020

    Whether a claim sounds in ordinary negligence or medical malpractice can have a significant impact on the viability of a plaintiff’s claim and the scope of damages available in the action. For a claim to sound in malpractice, the defendant must be an individual or entity capable of committing professional negligence as defined in MCL […]

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