State, Federal, and Appellate Courts

  • Two Weeks Down, Fifty More to Go!

    January 16, 2019

    We are off and running in 2019! As we begin the third workweek of 2019 and gear up for the remainder of the year, our Commercial Litigation Team at Rhoades McKee wants to take a moment to say “THANK YOU” for referring and recommending our team to your clients and contacts. We truly appreciate the trust you place […]

  • Court Ruling Lacks Direction on Ordinary Negligence and Malpractice Claims

    July 30, 2018

    On July 23, 2018, the Michigan Supreme Court released its opinion in Trowell v Providence Hospital (Docket No. 154476) addressing whether the plaintiff’s claims are sounded in ordinary negligence or medical malpractice.  If a claim sounds in ordinary negligence or malpractice is often a critical issue as ordinary negligence claims are not subject to the […]

  • Why First Impressions Matter in Business Valuation Litigation

    April 26, 2018

    In a business-divorce case or marital divorce case involving a business, each side typically hires an expert to provide the court or jury with an opinion as to the value of the business. Depending on a party’s position, their expert will seek to establish as high or low a value as possible. For example, a […]

  • Commercial Litigation Team Shares Insight on 2017

    January 15, 2018

    Happy New Year! Our Commercial Litigation Team would like to say THANK YOU to the many accountants, financial advisors and other professionals for the confidence you show in our team by referring clients to us in the past year.  Our commercial litigation team has worked diligently to develop unique capabilities in finance, accounting, and business valuation, […]

  • Court of Appeals Publishes Opinion Impacting Use of Experts

    January 4, 2018

    The Michigan Court of Appeals recently published a new opinion clarifying expert qualification for nursing experts and the standard applicable to a request for permission to disclose a new expert following a ruling that the party’s timely disclosed expert is unqualified.  Cox v Hartman, ___ Mich App ___; ___NW2d ____ (2017) (Docket Nos 333849, 333994). […]

  • Take 2? Supreme Court Asked to Revisit Harrison

    December 20, 2017

    Harrison v Munson Hospital leaves the Court of Appeals for a second time on its way to the Supreme Court to possibly consider whether or to what extent peer-review documents can serve as a basis for attorney sanctions. The Supreme Court is once again being asked to address the question of whether a peer-review document […]

  • Court of Appeals Addresses a Plaintiff’s Ability to Pursue New Theories of Malpractice Not Included in the Plaintiff’s Notice of Intent

    October 31, 2017

    The Court of Appeals released a published opinion on October 24, 2017 addressing the analysis required by a trial court where the plaintiff’s experts in a medical malpractice action abandon the standard of care theories in the plaintiff’s notice of intent (NOI) and articulate entirely new standard of care theories not addressed in the notice […]

  • Live to File Another Day

    July 11, 2017

    Michigan Supreme Court Addresses Significance of Notice of Intent Service Date to the Tolling of the Statute of Limitations in Medical Malpractice Actions On June 27, 2017, the Michigan Supreme Court released its opinion in Haksluoto v Mt. Clemens Regional Med Cntr addressing the significance of the date of service of a notice of intent […]

  • Court Sets Timer on Oppression Claims

    May 22, 2017

    (May 23, 2017) The managing member of a limited liability company makes a decision that unfairly impacts the minority members’ interest in the business, but does not have an immediate economic impact. Rather, the economic impact does not occur until several years later, when the LLC is sold and the proceeds of the sale are […]

  • Do You Want to Place a Bet?

    January 18, 2017

    The Strategic Use of Offers of Judgment (January 19, 2017) We previously discussed ways to recover fees in litigation through contract or statutory provisions. But what if you don’t have a contract or statute allowing you to recover your fees from the other party? The Michigan Court Rules provide another avenue for a party to […]

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