ArticleNo Insurable Interest In Vehicle Required For PIPUnited StatesInsuranceSecrest Wardle Lynch Hampton Truex & Morley
ArticleGrapes, The Slippery FruitUnited StatesLitigation, Mediation & ArbitrationSecrest Wardle Lynch Hampton Truex & Morley
ArticleMichigan Supreme Court Permits Introduction Of Evidence Of A Plaintiff ’s Own Pretreatment Negligence As An Element Of Comparative Fault In Medical Management DisputesThis month the Michigan Supreme Court issued an opinion which will be of great assistance to health care administrators and practitioners in the proportioning of fault between plaintiffs and defendants for injuries claimed in a medical management dispute.United StatesLitigation, Mediation & ArbitrationSecrest Wardle Lynch Hampton Truex & Morley
ArticleNo Fault - "Household Exclusion" - MCL 500.3123(1)(b)United StatesInsuranceSecrest Wardle Lynch Hampton Truex & Morley
ArticleFailure to Designate Leave Under FMLAIs an employee entitled to begin her FMLA leave after the birth of a child if her employer failed to tell her that the FMLA leave begins at date of disability and not date of birth? <B>Court: </B>United States District Court - Eastern District of Michigan.United StatesLitigation, Mediation & ArbitrationSecrest Wardle Lynch Hampton Truex & Morley
ArticleCollege Student Living On-Campus Held a "Resident" of Family HomeIs a college student living on campus a "resident" of the household where her parents and brother lived at the time of the accident for purposes of determining coverage for a third-party claim?United StatesLitigation, Mediation & ArbitrationSecrest Wardle Lynch Hampton Truex & Morley
ArticlePlaintiff Not a Beneficiary Under Lease AgreementUnited StatesReal Estate and ConstructionSecrest Wardle Lynch Hampton Truex & Morley
ArticleOkay to Use Examinations Under Oath in No Fault CaseUnited StatesLitigation, Mediation & ArbitrationSecrest Wardle Lynch Hampton Truex & Morley
ArticleNo-Fault Statute of Limitations is no Longer Subject to the Tolling Provisions of The Revised Judicature ActThe tolling of the one year statute of limitations of the Michigan No-Fault Act due to mental impairment resulted in substantial claims for increased attendant care benefits dating back many years and in some instances to the original date of loss. United StatesStrategySecrest Wardle Lynch Hampton Truex & Morley
ArticleThreshold Defense Strengthened by Michigan Supreme Court DecisionIn Kreiner v Fischer __ Mich __ 2004, the Michigan Supreme Court reversed the Court of Appeals decision finding as a matter of law that Plaintiff ’s injuries did not constitute a serious impairment of body function.United StatesLitigation, Mediation & ArbitrationSecrest Wardle Lynch Hampton Truex & Morley
ArticleLandlord Cannot Contract Away Duty To Warn In LeaseUnited StatesReal Estate and ConstructionSecrest Wardle Lynch Hampton Truex & Morley
ArticleMichigan Court Of Appeals Applies Loss Of Opportunity Doctrine In A Manner Favorable To Medical Malpractice DefendantsOn February 2, 2005, the Michigan Court of Appeals issued an opinion which will be of great assistance to health care administrators and practitioners in cases in which a plaintiff claims a lost chance or opportunity.United StatesFood, Drugs, Healthcare, Life SciencesSecrest Wardle Lynch Hampton Truex & Morley
ArticleSpecial Care Owed to Minor Church Volunteer/LicenseeWas a teenage volunteer at a vacation bible school a licensee or an invitee; Whether a plain glass (rather than safety glass) door was an open and obvious condition to a minor.United StatesLitigation, Mediation & ArbitrationSecrest Wardle Lynch Hampton Truex & Morley
ArticleEmployee Qualified Under the ADA Loses Disability Status if Rejects a Position Offered by EmployerPlaintiff brought a lawsuit against her employer for discrimination based on the ADA and the Age Discrimination Act after she rejected a new position and after she was rejected for a different opening within the hospital. Plaintiff was employed as a registered nurse for twenty-two years when she took a medical leave of absence.United StatesEmployment and HRSecrest Wardle Lynch Hampton Truex & Morley
ArticleSixth Circuit Court of Appeals Clarifies Application of The Hearsay Exception For Statements Made In Connection With Medical Diagnosis or TreatmentThe United States Court of Appeals for the Sixth Circuit has recommended for full text publication a decision with far reaching potential ramifications on the issue of what constitutes an exception to the hearsay rule regarding statements made for medical diagnosis or treatment.United StatesLitigation, Mediation & ArbitrationSecrest Wardle Lynch Hampton Truex & Morley
ArticleJury to Decide if "Black Ice" is Open and ObviousIn <I>Woodard v ERP Operating Limited Partnership, </I>2005 U.S. Dist. LEXIS 114 (E.D. Mich., January 7, 2005), Plaintiff filed suit after slipping and falling on a patch of ice on a cracked and broken concrete sidewalk on Defendant’s property. United StatesLitigation, Mediation & ArbitrationSecrest Wardle Lynch Hampton Truex & Morley
ArticleNo Open and Obvious Defense for ContractorIs the open and obvious defense available to a defendant in a non-premises liability and non-failure to warn case? Plaintiff allegedly received second and third degree burns from hot water in his shower at his apartment. The shower and shower elements were installed by Cornwall Plumbing, a subcontractor for the owner of the complex. United StatesLitigation, Mediation & ArbitrationSecrest Wardle Lynch Hampton Truex & Morley
ArticleContaminated Pet Food: What’s The Damage?Reports of contaminated pet food have been filling the news in recent weeks. The question on everyone’s mind is "What are the damages?" In Michigan, the answer is "Not much."United StatesConsumer ProtectionSecrest Wardle Lynch Hampton Truex & Morley