Attorney Kali Lester recently received a dismissal in Federal Court where the plaintiff alleged a local police department had an unconstitutional policy for mental health commitments. The policy permits officers to rely on statements from witnesses to evaluate an individual’s mental condition. The plaintiff argued that Michigan’s Mental Health Code requires officers to personally observe the individual exhibiting dangerous behavior before seizing the individual for the purpose of a mental […]

Attorneys Ethan Vinson, Andrew Brege, and Allan C. Vander Laan are attending the Michigan Association of Chiefs of Police Mid-Winter Conference on February 4-5, 2015.  If you are attending the conference, stop by booth #75 to learn more about CMDA’s legal services.  We hope to see you there.

In 2014, Robert L. Blamer handled a first party no-fault case which on its surface was very easy, but made very difficult by fighting insurance companies. Mr. Blamer won both at the trial court level and the Court of Appeals level where the Court of Appeals awarded Mr. Blamer and CMDA substantial attorney fees because of the insurance companies’ failure to act reasonably and also awarded the Plaintiff all first […]

Both private and public employers are subject to the Family Medical Leave Act (FMLA), which allows eligible employees to take up to 12 weeks of unpaid leave from their employment if they meet certain statutory requirements (employed for at least 12 months, and worked 1250 hours within the preceding 12 months). The FMLA defines a “covered employer” as being “any person engaged in commerce or in any industry or activity […]

Michigan’s No-Fault Law was designed to take care of certain financial needs of an injured person or injury party when the injury occurs during the ownership, operation, or maintenance of an automobile accident regardless of who caused the injury. These financial losses, more commonly referred to as economic losses, can arise not only in the traditional sense when one is driving or riding in a motor vehicle, but also when […]

If an accident occurs: Try to remain calm and thoughtful. If you or anyone in your car is injured, stay in the car unless there is danger of fire or another accident. Use your cell phone to get help from the police and medical personnel. Avoid making statements about responsibility to other drivers, witnesses, the police or insurance representatives without talking to your own insurance representative. Assist the police with […]

Since 1972 Michigan has operated under a no-fault law for accidents that occur involving the use, operation, or maintenance of a motor vehicle. This article explains the no-fault law, along with some tips to ensure you have appropriate motor vehicle coverage. When you purchase automobile insurance you obtain certain minimum, standard coverages. If you do not buy motor vehicle insurance for a vehicle you own and are injured while driving […]

The Michigan No-Fault system provides two mechanisms of recovery when a person is injured in a motor vehicle accident. First party benefits provide the claimant with medical expenses, wage loss, replacement services and, in the case of death, survivors’ loss benefits. Meanwhile, third party benefits provide the claimant with compensation for pain and suffering. The focus of this article is on first party benefits only. With regard to first party […]

On January 9, 2015, the U.S. Department of Education issued a Dear Colleague Letter providing guidance to institutions that contract with third-party servicers to administer any aspect of the institution’s participation in Title IV student services programs. Title IV of the Higher Education Act and related regulations require these institutions to report the names of any individual or entity that performs for, or on behalf of, the institution any of […]

Title IX of the Education Amendments of 1972 (Title IX) and the U.S. Department of Education implemented regulations that prohibit discrimination on the basis of gender in federally assisted education programs and activities. Title IX protects students in connection with all of the academic, educational, extra-curricular, athletic, and other programs of a college, whether they take place in the facilities of the college or at a class or training program […]