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  • Article

    Where Can A Company Be Sued?

    The United States Supreme Court just issued a major opinion on where companies can be sued: Mallory v. Norfolk Southern Railway Co (June 27, 2023). Depending on which side of the debate...
    United StatesCorporate/Commercial Law
    Collins Einhorn Farrell
    Collins Einhorn Farrell
  • Article

    Preparing To Dock: COVID-19 Return-to-Office Plans For Professional Corporations

    In our previous posts, we addressed two topics that affected employers at the height of the COVID-19 pandemic: paid leave and return to school.
    United StatesCoronavirus (COVID-19)
    Collins Einhorn Farrell
    Collins Einhorn Farrell
  • Article

    Just Riding Along: The Michigan Court Of Appeals Clarifies When A Passenger's Claim Is Barred When The Vehicle Is Uninsured

    In Tiffany King, et al v MAIPF, et al, the Michigan Court of Appeals considered when a passenger in an uninsured motor vehicle is barred from seeking PIP benefits and making a claim for automobile negligence.
    United StatesTransport
    Collins Einhorn Farrell
    Collins Einhorn Farrell
  • Article

    What Did You Say?

    In Redmond Funeral Home v Heller, __ Mich App __; __ NW2d ___ (2020) (Docket No. 347505), the Michigan Court of Appeals considered whether statements made by Theresa Heller...
    United StatesLitigation, Mediation & Arbitration
    Collins Einhorn Farrell
    Collins Einhorn Farrell
  • Article

    Removing The Teeth Of Utilization Reviews

    At first glance, the no-fault reform legislation's introduction of utilization reviews for no-fault medical claims signaled promising days ahead for insurers and providers.
    United StatesInsurance
    Collins Einhorn Farrell
    Collins Einhorn Farrell
  • Article

    Michigan Supreme Court Eliminates Mandatory Case Evaluations And Sanctions

    Some justices believe that the amendments will facilitate docket management.
    United StatesLitigation, Mediation & Arbitration
    Collins Einhorn Farrell
    Collins Einhorn Farrell
  • Article

    A Lawyer's Obligation Under The ADA When Representing Deaf Or Hard Of Hearing Clients

    As a lawyer, you're probably familiar with the Americans with Disabilities Act, at least in name.
    United StatesEmployment and HR
    Collins Einhorn Farrell
    Collins Einhorn Farrell
  • Article

    Motion Granted

    Motions are extremely important tools in any litigator's practice. Clients often ask, "Why can't we do (insert any number of scenarios)?" Fulfilling your client's request...
    United StatesLitigation, Mediation & Arbitration
    Collins Einhorn Farrell
    Collins Einhorn Farrell
  • Article

    Walking The Line: Best Practices For A Potential New Era Of Expert

    The right expert can make or break a case. Expert testimony comes with a certain aura of credibility and inherently carries more weight than other witness's testimony.
    United StatesLitigation, Mediation & Arbitration
    Collins Einhorn Farrell
    Collins Einhorn Farrell
  • Article

    More Of The Same: Michigan Supreme Court Affirms The No-Fault Fee Schedule And Attendant Care Limitations Do Not Apply To Pre-Reform Losses

    When the Michigan No-Fault Act was reformed on June 11, 2019, the new legislation introduced, among other changes, limitations on the amounts that a medical provider could charge for treatment...
    United StatesLitigation, Mediation & Arbitration
    Collins Einhorn Farrell
    Collins Einhorn Farrell
  • Article

    Joint Representation Of Spouses In Estate Planning: Understanding Your Ethical Obligations

    And with complicated family dynamics comes the potential for, and actual existence of, conflicts of interest.
    United StatesFamily and Matrimonial
    Collins Einhorn Farrell
    Collins Einhorn Farrell
  • Article

    The Computation Of Time For Statute Of Limitations Under Administrative Order 2020-18

    During the COVID-19 pandemic, the Michigan Supreme Court enacted Administrative Order 2020-18.
    United StatesGovernment, Public Sector
    Collins Einhorn Farrell
    Collins Einhorn Farrell
  • Article

    Invitee Falls Through A Room With No Floor: An Update On The Open-And-Obvious Doctrine In Premises-Liability Claims, With A New Twist On Ordinary Negligence

    The line between premises liability and ordinary negligence is often clear, but it can become blurred when an invitee is injured by overt acts taken by a premises possessor.
    United StatesLitigation, Mediation & Arbitration
    Collins Einhorn Farrell
    Collins Einhorn Farrell
  • Article

    End Of An Era: What Remains Of The Open And Obvious Doctrine In Michigan After The Michigan Supreme Court's Ruling In Kandil-Elsayed v F&# Oil, Inc?

    On July 28, 2023, the Michigan Supreme Court released its long-anticipated opinion in Kandil-Elsayed v F&E Oil, Inc., which addresses the open-and-obvious doctrine in premises-liability cases.
    United StatesLitigation, Mediation & Arbitration
    Collins Einhorn Farrell
    Collins Einhorn Farrell
  • Article

    Wrongful-Death Damages In The Denney Era

    Damages in wrongful-death cases experienced a tectonic event in 2016--the Court of Appeals held that estates can recover the decedent's lost earning capacity.
    United StatesLitigation, Mediation & Arbitration
    Collins Einhorn Farrell
    Collins Einhorn Farrell
  • Article

    Sue And Be Sued: The Reality Of Fee Suits Against Former Clients

    "A lawyer's time and advice are his stock in trade," Abraham Lincoln once famously said. Unless you agree to handle a matter pro bono, you expect payment for your time and advice.
    United StatesLitigation, Mediation & Arbitration
    Collins Einhorn Farrell
    Collins Einhorn Farrell
  • Article

    Open Letter To A DEI Skeptic

    My law firm is one of many to form a committee on diversity, equity, and inclusion, or DEI, over the past few years. You're right: this seems to be a national trend.
    United StatesCorporate/Commercial Law
    Collins Einhorn Farrell
    Collins Einhorn Farrell
  • Article

    Reducing Risk Through Engagement Agreements

    Attorneys can mitigate the risk of a malpractice claim from the moment a prospective client knocks on their door.
    United StatesLitigation, Mediation & Arbitration
    Collins Einhorn Farrell
    Collins Einhorn Farrell
  • Article

    What Now? The Fall Of The 'Open And Obvious' Doctrine

    On July 28, the Michigan Supreme Court overturned its long-standing rule that property owners have no duty to protect against open-and-obvious dangers.
    United StatesLitigation, Mediation & Arbitration
    Collins Einhorn Farrell
    Collins Einhorn Farrell
  • Article

    The Small Print Taketh Away! Considerations For Settling Your Next Michigan No-Fault Auto Claim

    A large majority of civil lawsuits settle before trial. While some statistics reflect that 95% of cases settle, the percentage is likely higher.
    United StatesLitigation, Mediation & Arbitration
    Collins Einhorn Farrell
    Collins Einhorn Farrell

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