CMDA Law Blogs

How College Disability Services Differ from K-12 Special Education Services

Students with disabilities are entitled to accommodations in school, whether it is K-12 (public) or post-secondary education. The nature and delivery of those services, however, differ greatly between K-12 and college. Laws That Impact All Students: IDEA The Individuals with Disabilities Education Act (IDEA) is a federal law governing special education service delivery for students aged 3-21 or until high school graduation. An educational team develops the Individualized Education Plan […]

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Service Dogs Expected to take on Expanded Role in Public Places

Recently, a Southern California school district settled a case brought in the Federal District Court where a minor plaintiff sought to enjoin the school district from denying his service dog access to the classroom.  The minor plaintiff was not visually or otherwise impaired, but diagnosed with a form of autism.  The school district objected to having the dog in the classroom after learning of several persons who had allergies to dogs.  It also […]

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The Failure of Public Act 222: Sewer Backup Legislation

In 2001 the State of Michigan enacted Public Act 222 (MCL 691.1416 seq.) to provide a statutory exception to governmental immunity for sanitary sewer backups onto real property. Prior to Act 222, the legal theory used by plaintiffs to recover for sewer backup events was the Trespass-Nuisance exception. That common law action carried strict liability for property damages upon a simple showing that sewage or water in a basement came […]

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Advantages of Intergovernmental Agreements for Municipal Services and Programs

Many municipalities throughout Michigan are still reeling from the affects decreased housing values have had on tax revenues. Counties, Cities, Townships and Villages have all been forced to adjust budgets and, in many situations, cut back on services provided to residents. One of the few good things that have resulted is the increased intergovernmental cooperation in providing services. Many municipalities are entering into intergovernmental agreements between two or more entities […]

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Attorney Jim Acho Nominated to Run for Executive Director of NFL Players Association

On Saturday January 3, 2015, Jim Acho, a senior attorney in our Livonia office, received a letter signed by numerous retired NFL players, including Hall of Famers, informing him that he was their nominee to challenge DeMaurice Smith for the NFL Players Association Executive Director position. A conference call followed and, with time of the essence, Acho accepted within 24 hours and declared his candidacy to the Executive Committee of […]

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Court Rules: Electrical Inspector’s Actions Not Cause of Plaintiffs’ Injuries

Gregory R. Grant, an attorney in the Firm’s Traverse City office, obtained dismissals of two cases on behalf of a Northern Michigan County building official and electrical inspector.  In June 2011, the decedent, a 17-year-old male, and his friend were walking along a floating dock at a busy City-owned marina.  The decedent jumped off the dock and into the marina water and was immediately electrocuted.  His best friend, and plaintiff […]

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Attorney Defeats Environmental Nuisance Claim

Timothy Young, a partner in our Livonia office, successfully defeated an environmental nuisance claim presented on behalf of 13 homeowners.  The homeowners alleged that daily noise and diesel fumes from the property of Mr. Young’s client interfered with the peaceful and quiet enjoyment of their property. The depositions of each of the plaintiffs and their noise expert revealed that the plaintiffs did not sustain personal property damage, real property damage or […]

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Attorney Gets Case Against Circuit Court Judge, County Prosecutor Dismissed

In December, 2014, Jim Acho, a senior attorney in our Livonia office, defended a sitting Circuit Court Judge and her predecessor, a now-retired Circuit Court Judge, as well as the County Prosecutor, in a case brought by a Plaintiff who was found guilty and sentenced on a charge of providing false information to police officers.  The Plaintiff alleged his guilty verdict stemmed from his polygraph results in his pre-sentence report being […]

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Sixth Circuit Holds That Obesity is Not a Disability as Defined by the ADA

On September 14, 2006, the United States Court of Appeals for the Sixth Circuit ruled that morbid obesity, unless caused by a physiological disorder or condition, was not a defined disability under the Americans with Disabilities Act (ADA). Title I of the ADA was intended to eliminate disability discrimination in employment. The Act prohibits employers from discriminating against a qualified individual with a disability regarding job application procedures, hiring, advancement, […]

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Three Attorneys Join Firm in Community Association, Construction and Real Estate Law practice group

We are pleased to announce that Kevin Hirzel, William Kolobaric, and Joe Wloszek have joined our Firm’s Livonia office in our Community Association, Construction and Real Estate Law practice group.  All three attorneys are extremely detail-oriented and will apply their 30+ years of combined legal experience to represent our clients’ interests while striving to obtain the best possible results. The group represents condominium associations (both residential and commercial), cooperative associations, […]

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