Update: Judge Janet Neff has entered a final judgment in the federal lawsuit tried this spring by Attorney Carol Smith and her paralegal, Suzanne Fuhrman.  The court agreed with Carol that the entire amount awarded by the Jury was either not applicable or subject to offsets.  Carol’s clients will pay nothing. The lawsuit was filed by a family physician from Chicago, who was visiting the Silver Lake State Park in […]

Judge Meinecke (44th District Court – Royal Oak) granted Motion to Dismiss a case filed by an MRI facility based on repeated discovery violations in a case handled by CMDA attorney Jonathan Brown. In granting the Motion, the Court dismissed the facility’s entire action, with prejudice, just weeks prior to the scheduled start of trial. The main dispute in this matter was allegedly unpaid medical expenses related to MRI scans […]

Judge Allen (Wayne County) granted motion for reconsideration after initially denying a Motion for summary disposition in a case for personal injury protection (PIP) benefits filed by a medical facility in a case handled by CMDA attorney Jonathan Brown. In granting the motion for reconsideration, Judge Allen reversed its prior denial of the Motion and dismissed the matter with prejudice. In this case, the underlying claim of the patient was […]

Judge Geddis (Livingston County) granted a motion for partial summary disposition on a large-exposure case handled by attorney Carol Smith.  The case arises from an accident that occurred when the driver of a motor coach transporting a 40+ middle-schoolers and chaperones took a highway exit ramp too fast and rolled the bus. Numerous individuals reported injuries, including several broken bones and concussions, as well as a chaperone who suffered burst-type […]

Carol Smith, an attorney in our Livonia office, and her paralegal, Suzanne Fuhrman, recently scored an impressive trial win in federal court. The plaintiff, a family physician from Chicago, was visiting the Silver Lake State Park in west Michigan when he rented a Jeep Wrangler from Carol’s corporate client to drive on the sand dunes. Following a one-hour guided tour by the client through the dunes, the plaintiff crested a […]

Access to state and local government meetings has been a hallmark of American democracy for most of our country’s history. All states have enacted open meetings laws that generally require municipalities and local agencies to provide advance notice to the public of meetings held by commissions, boards, tribunals, and councils. This includes a broad spectrum of entities, such as unemployment commissions, tax tribunals, and school boards. These statutes permit any […]

A common query posed to collection attorneys by their small business clients is whether, upon the default of a standard contract agreement, the client will receive the “benefit of the bargain” and be made whole as part of the collection process. Many business agreements have not been drafted in a comprehensive manner, nor with the aid of competent legal counsel. As a result, an often-raised question is whether accrued interest […]

Konschuh v. Turkelson, et al. (Lapeer County Circuit Court No. 17-050850-CL(H); Oakland County Circuit Court No. 17-SC0045-SC; Michigan Court of Appeals No. 349041) is a unique and highly-contentious case that involved a circuit court judge who filed suit against Lapeer County and several of its officials. Judge Byron Konschuh – who remains a sitting judge at the Lapeer County Circuit Court – was charged with embezzlement related charges for depositing […]

Joel Ashton, a partner in our Livonia office, recently had a case dismissed for a Condominium Association on summary disposition pursuant to MCR 2.116(C)(8) in the Oakland County Circuit Court. In this case, a disgruntled condominium owner represented himself in his quest to obtain a preliminary injunction to avoid the imminent March 2020 election of three directors to the Board of Directors or, alternatively, to set aside the results of […]

In the case of Highfield Beach at Lake Michigan v. Sanderson, the Michigan Court of Appeals recently ruled on the issue of enforceability of a condominium Bylaw which affected short-term rentals of units. The ruling effectively negated the plan of a new unit owner to use his condominium for rental to vacationers. As a result, the Association was successful in its efforts to limit the types of rentals allowed, similar […]