State, Federal, and Appellate Courts

• 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 […]

• I Dissent! How to Exercise Dissenter’s Rights Under Michigan Law

  March 1, 2020

  A shareholder has the right to receive fair value for his or her shares in the event of certain corporate transactions, such as a merger or sale of assets, by exercising dissenter’s rights.  But in order to exercise your right to dissent and obtain that fair value, you must follow the specific requirements of Michigan […]

• Court of Appeals Expands Scope of Amendments of Affidavits of Merit

  February 20, 2020

  Recently, The Michigan Court of Appeals published a 2-1 opinion addressing whether filing an affidavit of merit (AOM) signed by a new expert in a different specialty constitutes an “amendment” under MCR 2.112(L)(2)(b) in a medical malpractice action.  Legion-London v Crawford (Docket No. 344838).  MCR 2.112(L)(2)(b) requires that “all challenges to an affidavit of merit […]

• Starting the Year off Right

  January 22, 2020

  Welcome to a new decade! (Or is it?) The start of a new year always presents a good opportunity to reflect on the year that was. Looking back at 2019, the Rhoades McKee Commercial Litigation Group was privileged to represent a wide range of clients, each with their own unique legal issues and challenges. We […]

• Court Enforces Shareholder Valuation Agreement

  October 18, 2019

  Shareholders who want to avoid protracted litigation over shareholder rights and valuation can specify a valuation protocol in their operative agreements – including a forced redemption on termination of employment of a shareholder for any reason – and the courts will enforce the resulting purchase price. In its October 1, 2019 decision in Niewiek v […]