Michigan Supreme Court Rules on Retroactivity of 2019 No-Fault Amendments

On July 31, 2023, the Michigan Supreme Court held that the new fee schedule and attendant care limitations contained in MCL 500.3157 do not apply retroactively to PIP insureds who sustained accidental bodily injuries prior to the effective date of the 2019 No-Fault amendments.  In Andary et al v USAA Casualty Insurance Company and Citizens Insurance Company of America, the Court reasoned that the No-Fault insurance policy and disputed portions […]

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Michigan Supreme Court Grants Leave to Appeal on Student-on-Student Sexual Harassment Issue Under Elliot-Larsen Civil Rights Act

In December 2022, in a case of first impression, the Michigan Court of Appeals held that the Elliott-Larsen Civil Rights Act (ELCRA) supported a claim for student-on-student sexual harassment. The Michigan Supreme Court has now granted an application for leave to appeal. In Doe v Alpena Public School District, 2022 WL 17868146, a female fourth grade student’s mother brought action against the school district and board of education claiming that […]

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Michigan Court of Appeals Clarifies Parked Vehicle Exclusion of No-Fault Act

In an unpublished opinion, the Michigan Court of Appeals found that an exception applied to the parked car exclusion of the No-Fault Act to provide Personal Injury Protection (PIP) coverage in a case in which a stretcher overturned while attempting to load a patient into an ambulance. In Djeljaj v American Alternative Insurance Corporation, 2023 WL 3556897, while being transferred from one medical facility to another, the Plaintiff was purportedly […]

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Attorneys Participate in CAI Annual Conference and Expo

Attorneys John Gwyn and Joel Ashton from the Firm’s Community Association and Real Estate Law practice group are at the Community Associations Institute (CAI) Annual Conference and Expo today, Friday, March 3.  If you are attending the Conference, please plan on stopping by CMDA’s booth (#201).  We look forward to sharing information on the various legal services our Firm’s Community Association and Real Estate Law practice group provides.

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Michigan Court of Appeals Provides Guidance On Denials and Tolling for PIP “One Year Back Rule”

Noting that no published authority had yet addressed the interplay of the 2019 No-Fault amendments with pre-amendment case law for the “one year back rule,” the Michigan Court of Appeals has concluded that the amendments return the state of law to that provided in the 1986 Michigan Supreme Court ruling in Lewis v. Detroit Auto Inter-Ins. Exch., 426 Mich 93, and its progeny.  Notably, this includes the requirements that for […]

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Summary Disposition Granted Based on Graves Amendment

CMDA Attorneys Joel Ashton and Stanley Okoli recently had a third-party automobile negligence action dismissed on summary disposition in favor of the dealership that owned the automobile driven by the allegedly negligent driver. In this case, a car dealership customer was involved in an accident while driving a loaner vehicle owned and provided by the defendant dealership while it repaired the customer’s vehicle. The plaintiff, who also sued the customer […]

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Michigan Supreme Court Denies Plaintiff’s Application for Leave in Favor of Condominium Association

Joel Ashton and Stanley Okoli recently had dismissals upheld on two related Condominium Association cases in the Michigan Court of Appeals and Michigan Supreme Court. To say the least, these were contentious cases in which a co-owner experienced a sewer back-up in her basement in October 2016, with the alleged subsequent discovery of rod hole leaks in the foundation, for which she initially sued the Condominium Association, its insurer, the […]

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John Gwyn and Joel Ashton Participate in CAI Great Exhibitor Outdoor Fair

Attorneys John Gwyn and Joel Ashton from the Firm’s Community Association and Real Estate Law practice group participated in the Community Associations Institute’s (CAI) Great Exhibitor Outdoor Fair at Mill Race Park in Northville, Michigan.  John Gwyn was a speaker at the event’s Q&A Education Panel of Experts where he offered his legal expertise on a variety of questions regarding Homeowners’ Associations and Condo Associations. Both attorneys enjoyed interacting with […]

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John Gwyn and Joel Ashton Participate in CAI Great Exhibitor Outdoor Fair

Attorneys John Gwyn and Joel Ashton from the Firm’s Community Association and Real Estate Law practice group participated in the Community Associations Institute’s (CAI) Great Exhibitor Outdoor Fair on May 19, 2021 at Mill Race Park in Northville, Michigan.  John Gwyn was a speaker at the event’s Q&A Education Panel of Experts where he offered his legal expertise on a variety of questions regarding Homeowners’ Associations and Condo Associations. Both […]

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Slip and Fall on Sidewalk in Housing Cooperative

In dismissing a slip and fall case that occurred in a common area, the Michigan Court of Appeals delved into the differences between a housing cooperative and a condominium. Jeffrey-Moise v. Williamsburg Towne Houses Cooperative, Inc., No. 351813, 2021 WL 650475 (Mich. Court of Appeals, approved for publication on April 1, 2021). In this case, the Plaintiff, a member and resident of the Defendant housing cooperative, cleared snow from her […]

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