CMDA is pleased to announce that on behalf of our client, a large Michigan utility company, the Firm received an order from the Court of Appeals affirming summary disposition in defendant’s favor in a negligence action arising from the electrocution of plaintiff that occurred while he was power-washing a home for a customer. CMDA Partners Robert Blamer and Shane Nolan represented the utility company in this case, as well as […]

On June 24, 2022, the United States Supreme Court issued its opinion in Dobbs v Jackson Women’s Health Organization, which overturns Roe v Wade. Even as Supreme Court opinions go, it is a giant in size as well as societal impact. The opinion has generated a flood of commentary from voices on all sides of the abortion policy debate. Seemingly, not everyone commenting on the opinion has actually read it. […]

We are pleased to announce that Douglas Curlew and Shane Nolan have been elected partners at CMDA. Both attorneys are recognized for their ability to lead, manage, and develop the Firm through their professional skills, client relations, and work effort. “Doug has demonstrated excellence in the area of appellate law and has a very strong work ethic,” said Chris Schultz, managing partner. “With his academic approach, pragmatic writing style, and […]

The “freedom of speech” protected by the First Amendment encompasses both actual speech and expressive conduct.  R.A.V. v. City of St. Paul, Minn. (S.Ct. 1992).  Embodied within the concept of “free speech” is recognition that advocates of unpopular views must be protected, even though their speech may provoke anger in persons who hear it.  Terminiello v. City of Chicago (S.Ct. 1949).  When a speaker passes the bounds of mere argument […]

Jim Acho, Doug Curlew and Jennifer Richards, all attorneys in our Livonia office, co-wrote an article highlighting two recent cases that impact law enforcement agencies. The article was published in the Michigan Association of Chiefs of Police’s publication Michigan Police Chiefs. The article, “Unfavorable Outcome Affects Law Enforcement” summarizes two recent cases from the United States Court of Appeals for the Sixth Circuit that resulted in rulings against law enforcement […]

Under the American legal system, there is no realm of human activity that fails to spawn litigation. The financial cost of a potential judgment is easily recognized. Less understood is the cost of time, energy, and resources (financial and human) of the litigation process itself. Even the defendant who avoids judgment by “winning” his case will still have expended resources that the law generally affords no avenue to recover. The […]

Recent decisions issued by the U.S. Supreme Court and the U.S. Sixth Circuit Court of Appeals have clarified the law regarding the force police officers may use to stop a person attempting to flee from police by driving away in a motor vehicle. The Supreme Court had previously established in Tennessee v. Garner (1985) that officers can apply potentially deadly force to stop a fleeing suspect if the officer has […]

In two seminal opinions, Wilkie v Auto-Owners Ins. Co. and Rory v Continental Ins. Co., the Michigan Supreme Court emphatically confirmed that insurance contracts are to be enforced by the courts “as written.”  The parties to an insurance contract remain free to waive or modify the terms of the contract by mutual consent, but one party cannot demand enforcement of an insurance contract, contrary to the mutually agreed terms, based upon that party’s unilateral belief […]