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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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]