State, Federal, and Appellate Courts

• Opinion Highlights Danger of Vicarious Liability based on Teaching Contracts with Non-Employed Physicians

  November 1, 2016

  (November 1, 2016) In a recent unpublished opinion, the Court of Appeals reversed the trial court’s decision granting partial summary disposition in favor of defendant Oakwood Healthcare on the plaintiff’s claim of vicarious liability based on the conduct of on-call surgeon Alice Shanaver, DO.  Thomas v Oakwood Healthcare (COA Docket No. 326072).  The plaintiff’s claims […]

• Playground flooring sheds light on implied warranties

  October 13, 2016

  (October 13, 2016) The implied warranty of merchantability requires that goods reasonably conform to an ordinary buyer’s expectations.  However, many contracts disclaim implied warranties in the terms and conditions section. The Kent County Specialized Business Docket (“Business Court”) recently addressed the issue of disclaiming implied warranties in Noble Polymers LLC v Hanover Specialties Inc. In […]

• Recent Ruling May Have Insurance Companies Dusting Off Old Files for New Claims

  September 22, 2016

  (September 22, 2016) Ordinary medical malpractice suits must be commenced within two years of the event at issue or six months after the plaintiff discovers or should have discovered the claim.  In Jendrusina v. Mishra, the Court of Appeals defines in 2-1 newly published decision that when a plaintiff “should have discovered a claim” in […]

• Business Court Weighs in on Employee vs. Independent Contractor Dispute Regarding Insurance Coverage

  September 13, 2016

  (September 13, 2016) There are a number of legal issues that can be triggered depending upon whether a worker is an independent contractor or an employee. The Kent County Business Court recently addressed this issue in a somewhat unusual setting when it determined that a worker was an independent contractor of defendant, rather than an […]

• Breaking Up Is Hard To Do

  September 6, 2016

  5 Ways to a Messy Business Divorce (September 6, 2016) As business litigators, we routinely review corporate documents such as operating and shareholder agreements. Most times, those documents are signed with the best of intentions and when the owners are simply trying to make sure they are “on the same page.” But when a dispute […]

• Michigan Court of Appeals Affirms Order Striking Plaintiff’s Sole Standard of Care Expert

  August 16, 2016

  (August 16, 2016) In a recent unanimous opinion in Walworth v Metropolitan Hospital, et al (Docket No. 327795), the Michigan Court of Appeals affirmed Kent Court Circuit Court Judge Mark Trusock’s order striking the plaintiff’s sole standard of care expert and dismissing the plaintiffs’ complaint shortly before trial.  Walworth involved the performance of a canaloplasty […]

• Court of Appeals and Supreme Court Face-off Over Daubert Standards

  August 8, 2016

  (August 8, 2016) A face-off between the Court of Appeals and Supreme Court over Daubert standards leaves the medical malpractice community; practitioners and parties on all sides without a firm foundation as to how or when scientific literature may be used to pursue or fend off challenges to expert testimony. But, it may lead to […]

• Business Court Rules on Post-Termination Commissions

  August 1, 2016

  (August 1, 2016) The Michigan Sales Representatives’ Commissions Act (“SRCA”) provides for enhanced damages if an employer intentionally fails to pay sales commissions when due. The Kent County Specialized Business Docket (“Business Court”) recently addressed the issue of enhanced damages for post-termination sales commissions in the case of Grado, Inc. v. Zebra Skimmers Corporation. In […]

• “Prevailing Party” Does Not Need to Win Claim to Collect Attorney Fees

  July 28, 2016

  (July 28, 2016) Can a party collect attorney fees available to “prevailing parties” under the Construction Lien Act without actually winning its lien foreclosure claim? According to a recent decision by the Michigan Supreme Court, the answer is “Yes” – at least when that party receives an arbitration award establishing that it proved a breach […]

• Michigan Supreme Court Clarifies Standard Applied to B2B Noncompetition Agreements

  July 19, 2016

  On Friday, July 14, 2016, the Michigan Supreme Court issued an opinion addressing what standard must be applied by courts reviewing noncompetition agreements in business-to-business transactions. The case, Innovation Ventures LLC v Liquid Manufacturing LLC, involved a noncompetition agreement found in contracts between Innovation Ventures, LLC (“Innovation”), the maker of “5 Hour Energy” drinks, and […]