As in all premises liability cases, a dangerous condition is open & obvious if “an average user with ordinary intelligence would have been able to discover the hazard and risk presented upon casual inspection.”  The Court of Appeals and Supreme Court have been using this defense to have cases tossed out of court and many Plaintiffs’ attorneys will not take such cases. However, inroads have been made against this open […]

Congratulations to Greg Grant, an attorney in our Traverse City office, who was recently inducted into the Maritime Law Association of the United States (MLA). Mr. Grant is one of only 17 attorney members admitted to the association in Michigan. The MLA is the oldest and most recognized maritime legal organization in the United States, furthering the understanding and advancement of maritime law among lawyers, scholars, and maritime industries. Additionally, […]

Black Ice Not an Open & Obvious Case Allowing Plaintiffs a Recovery: In any slip and fall case the Defendants in today’s system of justice always argue that the condition was open & obvious to a person of ordinary intelligence with casual observation. If the condition is in fact open & obvious and does not meet any of a very limited number of exceptions, there is no duty, and if […]

Jim Acho, a partner in our Livonia office, was a keynote speaker at the 2016 Sports and Entertainment Law Symposium hosted jointly by the Chaldean American Bar Association and Sommer Schwartz, P.C.  Mr. Acho discussed highlights of his law career, including being nominated to run as a candidate for the position of Executive Director of the National Football League Players Association (NFLPA) in 2015.  Entertainment lawyer Jay Yasso of Sommer […]

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 […]

As a new year is upon us, we reflect back on 2015 and the successful year we had at CMDA. We recognized a monumental milestone, hired several attorneys, and celebrated some remarkable anniversaries. CMDA was honored to have celebrated our 50th Anniversary in 2015. This monumental anniversary would not have been possible without Owen Cummings, the founder of the Firm.  Mr. Cummings had a vision of developing a Firm whose […]

We are delighted to be celebrating a very remarkable anniversary at the Firm. Vicki DeVitis is celebrating her 40th (yes, 40th!) anniversary at CMDA. Aside from those attorneys whose names are on the building, she has worked at the Firm the longest. When a friend told Vicki about a secretarial opening at CMDA in 1976, she crossed her fingers and hoped she got the job. She had recently graduated from […]

CASE LAW UPDATE Dyshawn Pierre v. University of Dayton (2015 WL 6125303, United States District Court, S.D. Ohio, Western Division) October 19, 2015 In this case, the student Plaintiff claimed that his rights under Title IX and the Americans with Disabilities Act (ADA) were violated. The Plaintiff requested a temporary restraining order to prevent his one semester suspension from the University from taking effect. The Plaintiff further sought to vacate […]

Michigan Governor Rick Snyder recently signed several bills into law affecting local municipalities. The bills are aimed at clarifying the operations of local municipalities and should make it easier for counties, cities, townships, and villages to file documents and save money at the local government level.   Karen Daley, an attorney in our Livonia office and head of the Firm’s appellate law practice group, explains Public Act 131 of 2015. […]

On November 2, 2015, President Barack Obama announced a new executive order to “Ban the Box,” which is a check off on federal job applications that requires job applicants to disclose their criminal conviction history on the face of the application. This initial disclosure often causes employers to eliminate applicants before ever considering their qualifications. Background investigations will still occur, but at the federal level, agencies will delay inquiries into […]