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 […]

Employers should re-evaluate the creation of indemnity with clients where workers are placed at client work sites and also analyze any existing indemnity provisions of contracts with others where either has agreed to provide indemnity. The National Labor Relations Board (NLRB) reversed more than 30 years of precedent in the recent case of Browning-Ferris Industries of California, Inc., which effectively changed the rules regarding protection for previously protected employers. Most […]

Stolle v. Kent State University 610 Fed. Appx. 476, United States Court of Appeals, 6th Circuit, May 1, 2015 Dr. Ronald Stolle, a non-tenure track faculty instructor in the Department of Finance for Kent State University (KSU) sued the College and several administrators alleging retaliation for exercising his First Amendment Rights. The facts of the case show that on January 8, 2011, Dr. Stolle wrote a three page letter to […]