Jason L. Byrne
- Partner
My admin
- Ann Eller
Clients know I’m going to give them 100% of my attention when they call. They trust me to make their problems my own and do whatever it takes to solve them efficiently. I ask the right questions to pinpoint relevant underlying issues, but avoid “paralysis by analysis.” Instead, I take action — plotting a sensible path forward that gets them where they need to be.
With years of experience advising on complex insurance and risk management issues, including high-stakes coverage disputes, Jason Byrne advocates for clients in state, federal and appellate courts. Jason’s two-pronged practice includes work in higher education, where he regularly consults with academic institutions on their policies and procedures and their obligations under federal law. Jason draws on several years of experience to help colleges and universities navigate ever-shifting governmental guidance and oversight and a constant stream of economic threats to their very existence.
industries
practices
- Obtained judgment in federal court that Chinese insurance company was obligated to defend major American manufacturer in products liability action arising out of Chinese-supplied component part.
- Regularly advises corporate clients, including biotech firms, manufacturers, banks and other financial institutions on legal issues involving insurance and indemnity.
- Represented businesses in connection with insurance claims for major property damage and equipment breakdown, including addressing issues related to business income and extra expense coverage.
- Lead Appellate Counsel, Ile v. Foremost Ins. Co., 493 Mich. 915; 823 NW2d 426 (2012) (Michigan Supreme Court adopted insurance policy interpretation advanced by Warner and rever
- Obtained judgment in federal court that Chinese insurance company was obligated to defend major American manufacturer in products liability action arising out of Chinese-supplied component part.
- Regularly advises corporate clients, including biotech firms, manufacturers, banks and other financial institutions on legal issues involving insurance and indemnity.
- Represented businesses in connection with insurance claims for major property damage and equipment breakdown, including addressing issues related to business income and extra expense coverage.
- Lead Appellate Counsel, Ile v. Foremost Ins. Co., 493 Mich. 915; 823 NW2d 426 (2012) (Michigan Supreme Court adopted insurance policy interpretation advanced by Warner and reversed lower courts’ judgment against client).
- Lead Appellate Counsel, Malpass v. Dep’t of Treasury, 494 Mich 237; 833 NW2d 272 (2013) (Michigan Supreme Court agreed with Warner’s interpretation of the Michigan Income Tax Act and reinstated a judgment granting clients’ income tax refund).
- Former Corporate Counsel to the Michigan Professional Insurance Exchange, a reciprocal insurer offering professional liability coverage to Michigan physicians and hospitals.
- Represented Michigan college in responding to issues related to the Americans with Disabilities Act and Title IX.
- National Insurance Counsel for Major Trucking Company – Counseled client on insurance-related issues arising out of client’s Chapter 11 bankruptcy filing, including:
- analysis of coverage and deductible obligations under liability policies.
- advising on claims handling and settlement issues.
- negotiating with insurance carriers.
- Represented various wireless providers and property owners in navigating the legal and regulatory hurdles surrounding the placement and co-location of wireless communication towers, antennae and other equipment.
- Represented a prominent Michigan law firm in connection with a $30 million claim of legal malpractice related to foreign patent applications. Prevailed by obtaining both summary disposition and case evaluation sanctions against plaintiff.
- Counsel for major Michigan manufacturer in multimillion-dollar environmental contamination claim brought by Michigan Department of Environmental Quality. Secured a judgment of no liability in favor of the manufacturer after a multi-week trial.
- Counsel for trust beneficiaries in a breach of fiduciary duty case against co-trustee involving misappropriation of trust property, and obtained a jury verdict for beneficiaries of over $2.3 million.
- Successfully represented various homeowners in negotiations with insurance carriers and others to ensure complete restoration of their homes after severe fire damage.
- Represented a county land bank in the successful settlement of a fire damage insurance claim to industrial property.
- Lead the legal team in negotiation and execution of an asset sale of a Michigan reciprocal insurance exchange, allowing for the delivery of the exchange’s enterprise value to the exchange’s subscribers.
- Consulted with various family office clients on unique insurance and risk management issues.
- Identified and executed an insurance-driven solution to reduce delay and expense associated with a design error on a client’s major capital construction project, without the need for litigation.
- Handled various coverage disputes between insurers and policyholders related to general and professional liability policies, directors and officers coverage, as well as home and auto policies.
- “How Michigan’s Legalization of Cannabis Affects Insurance Policies, Terms, Insurance Fraud and Claims,” Michigan State Chapter of the IASIU Events and Resources March 2023 General Membership Meeting, March 16, 2023
- Presenter, “Cyber Liability and Insurance, Are You Covered?,” Information Technology Management Association (ITMA) meeting, December 8, 2022
- Presenter, “
- “How Michigan’s Legalization of Cannabis Affects Insurance Policies, Terms, Insurance Fraud and Claims,” Michigan State Chapter of the IASIU Events and Resources March 2023 General Membership Meeting, March 16, 2023
- Presenter, “Cyber Liability and Insurance, Are You Covered?,” Information Technology Management Association (ITMA) meeting, December 8, 2022
- Presenter, “Gender Issues on Campus: Title IX, Student Housing/Facilities, Athletics & Speech, “Vaccine Mandates,” “Cyber Insurance, “Back to School–Preparing for Legal Challenges in Higher Education Warner Webinar, July 28, 2021
- Presenter, “Legal Issues Related to COVID-19 Vaccination Policies in Higher Education,” Warner Webinar, March 4, 2021
- Presenter, “Cyber Liability Webinar,” co-sponsored by Warner and Sterling Insurance Group, September 15, 2020
- Presenter, “Insurance Coverage for Emerging COVID-19 Claims Against Businesses,” Webinar, April 30, 2020
- Presenter, “The California Consumer Privacy Act” Webinar, December 12, 2018
- Moderator, Legal Trends and Challenges Facing Higher Education Institutions Webinar, November 29, 2018
- “Is Insurance Coverage Available under Standard Commercial Insurance Policies?,” Medical Marihuana – Legal Answers to Your Tough Questions webinar, December 4, 2017
- What You Don’t Know About Cyber Insurance Could Be Putting Your Company at Risk, November 28, 2017, Troy, Michigan
- Moderator, What You Don’t Know About Cyber Insurance Could Be Putting Your Company at Risk, October 5, 2017, Grand Rapids, Michigan
- Do You Have Choice of Counsel in Insurance Litigation?Legacy Matters
- What Can Cybersecurity Insurance Do for You?Legacy Matters
- COA: Defendant did not waive standing defense where consent judgment did not expressly show intent to waive a standing argument
- COA: A Petitioner is entitled to a Principal Residence Exemption even if the subject property is rented for more than 14 days in a year
- MSC to consider property tax exemption for subsidiary of non-profit entity
- COA: A vehicle only became uninsured upon a court’s ruling of no coverage
- COA: Court order for physical transfer of a child from a parent constitutes removal triggering the protections of the Michigan Indian Family Preservation Act
- COA: Unjust Enrichment claim is not barred by governmental tort immunity
- COA: Cash value of life insurance policy is exempt from garnishment
- MSC imposes nine month suspension on District Court Judge for interfering with a criminal investigation and misrepresentations
- MSC invalidates post hoc causation reasoning
- COA determines that public school employees are required to be deemed totally and permanently disabled by an independent medical advisor to receive disability benefits
- COA: Insurer does not have to defend a lawsuit against a police officer that alleges conduct outside the of scope of employment
- COA: Schools Boards do not have to recall laid off teachers to fill job openings in different subject matter
- COA: There is no statute of limitations for filing a Qualified Domestic Relations Order
- COA: Under the Adoption Code courts can only preclude expenses that are related to the adoption of a child
- COA endorses streamlined process for amending pleadings
- MSC: Supreme Court “adds” extra day to statute of limitations period for medical malpractice actions
- MSC: The ecclesiastical abstention doctrine does not limit Courts’ subject matter jurisdiction
- COA: Fit parents have the right to adjust grandparenting time
- COA: Government Computerized Databases Can Be FOIA’ed, But It Will Cost You.
- COA: The University of Michigan’s Ban on Firearms Does Not Violate the Second Amendment
- COA: Photographs and fingerprints do not trigger a clear Fourth Amendment violation eliminating immunity
- COA: A claim for “reimbursement” against medical providers under the Assigned Claims System is subject to a 2-year limitations period
- COA: If a fire truck has to try to drive safely—then so does a snowplow. There is no immunity from negligence claims while working on roadways
- COA: Businesses that peripherally participate in auto maintenance and repair are not excluded from coverage under the No Fault Act
- COA: Self-sustaining operations of the Blue Water Bridge do not trigger exemption to governmental immunity
- COA: State recovery under Medicaid liens is limited by federal Medicaid anti-lien statute
- COA: Unrefined – but unambiguous – contract terms do not create a ripe judicial controversy
- COA: An easement is vacant if it is non-exclusive and temporary, not when it is not exclusive or permanent
- COA: Individual’s membership in and seasonal operation of LLC not enough to establish that he personally “conducts business” in LLC’s county for venue purposes
- COA: Junior mortgagee has a right to surplus foreclosure funds after foreclosure by a senior mortgagee
- COA: Right-to-work statute forbids union rules that limit members’ rights to end union affiliations at will
- COA held vested retirement rights may not be altered without the retiree’s consent
- COA: MUTSA preemption limited to misappropriation of trade secret, does not encompass other common-law unfair competition claims
- COA – Generally applicable statement is allowed in contested case order so long as it is made after public notice and hearing
- COA: In a bifurcated class action suit, a court may dismiss a class action suit by contemporaneously incorporating notice of the dismissal into a general notice of the action
- COA holds that proposed parenting-time change alters the established custodial environment.
- COA holds that a statutory instruction to “consider” factors, does not require findings on the record as to each factor
- COA holds that a question of fact prevents summary disposition on a PIP claim based on an insurer’s fraud exclusion
- COA upholds 20-day filing period for appealing a Tobacco Products Tax Act decision
- COA: Prenups cannot deprive court’s ability to divide property in a divorce
- When throwing a dinner party at your home, keep all your lights on to avoid premises liability suits.
- MSC grants MOAA on whether an employee’s communication with her attorney constitutes a report to a public body within the meaning of the Whistleblowers’ Protection Act
- COA upholds prior ruling that a custom-furnishing carpenter is liable for use tax as construction contractor because its products met the fixtures test
- COA: when it comes to driving a golf cart, the applicable standard of care is ordinary negligence, not reckless misconduct
- COA: Trial court overstepped its authority in blocking state access to Legionella-related records from Flint area hospital
- COA determines that the actual water’s edge is the boundary of a critical dune area
- MSC: Onus is on plaintiff not defendant, to prove notice of hazard in slip and fall case
- COA holds identities of anonymous bloggers protected by First Amendment
- COA: Stein not an “aggrieved” candidate because she has no chance of overturning the result
- COA: “replacement” senior mortgage does not retain priority in quiet-title action to the extent loan amount is increased
- COA reinforces publication requirement for slander of title claim and holds that deed restrictions recorded outside the chain of title cannot impact a property interest
- COA finds that fair reporting privilege does not cover alleged libel that is not part of a public record
- COA determines that a government agency can be liable for injury allegedly caused by failure to maintain a road
- PIP benefits are available to injured parties in lawful possession of another’s vehicle, whose owner knew such injured party’s use of the vehicle would be unlawful
- COA doubles down, holding that Pontiac emergency manager’s order eliminating retiree benefit contributions is not retroactive
- COA: Dismissal of lawsuit for PIP benefits because of discovery violations bars related claims for insurance benefits brought by service providers
- COA: Bring more than $40 for a hearing on an abandoned vehicle
- COA clarifies that repossessed property is excluded for “bad debt” tax credit
- COA finds that prior litigation bars additional unfunded mandate challenge
- COA: Probate inventory fee must be paid if estate has sufficient assets, even if it means selling the personal representative’s home
- COA: Statutory language requiring rescission “in writing” of personal residence exemption not constrained to Treasury Form 2062
- COA: Calculate renaissance zone tax credit by following Department of Treasury’s interpretation of renaissance zone business activity factor
- COA: Foster care is not a requirement for termination of parental rights
- COA upholds receiver sale of mortgaged property
- COA: County’s use of a shooting range does not have priority over township ordinance
- COA awards summary disposition to insurer based upon its recent elimination of the innocent-third party doctrine
- COA holds that hospital cannot be held vicariously liable for on-call physician
- COA: More evidence is required to determine whether complaint’s allegations sound in medical malpractice or ordinary negligence
- COA Panel disagrees with recent precedent that limits plaintiffs’ no-fault recovery options
- COA – Boat seller is no longer an “owner” after delivery of title to a purchaser
- COA: Michigan’s civil forfeiture scheme is unconstitutional as applied to a claimant could not afford to post bond to challenge forfeiture
- COA: Three year limitations period governs plaintiff’s discrimination claims
- COA: Question of fact existed as to whether title insurer participated in a fraudulent scheme with bank’s funds
- MSC: A lien claimant who succeeds on a breach of contract claim may be a “prevailing party” entitled to attorney fees under the Construction Lien Act
- MSC grants mini-oral argument for application regarding termination of parental rights of cognitively impaired parent
- COA find that arguments must be devoid of arguable legal merit to award attorneys fees arising from a frivolous argument
- COA holds that DHHS is not statutorily required to grant hardship waivers for Medicaid costs
- COA determines 60-day appeal period applies to challenges to the issuance of permits to install control devices
- COA finds old-age social security benefits should be included in survivor’s loss calculations under the No-Fault Act
- COA: Public Service Commission order approving utility program can be lawful and reasonable even if there is conflicting evidence about the benefits of the program
- COA requires strict compliance with the marriage component of the equitable parent doctrine in rejecting individual’s standing to challenge custody of former same-sex relationship partner’s child
- COA: A previous owner of property cannot file an affidavit that the property was qualified agricultural property for tax purposes
- COA: Tender does not constitute payment of redemption funds sufficient to void a sheriff’s deed
- COA holds that members of the Parole and Commutation Board do not have vested contractual rights to hold their positions
- COA holds that the insurers are not required to pay no-fault benefits to innocent third parties if the insured obtained automobile insurance coverage through fraud
- COA: No premises liability unless defendant has possession and control of the property
- MSC grants oral argument to consider the applicability of a Michigan Civil Rights Act case to a Whistleblower Protection Act claim
- MSC to consider whether a timely filed motion to extend time to file an affidavit of merit, which is not granted until after the limitations period expires, tolls that limitations period
- COA holds that a spouse be must willfully and physical absent from her decedent spouse for at least a year before death to be disqualified from electing against the decedent’s will
- COA holds that insurer may rescind policy even after an accident, if it is determined that the insured made misrepresentations in obtaining the policy and insurer relied on the misrepresentations.
- COA holds that power companies have an obligation to reasonably inspect and maintain power lines
- COA holds that there can be statutory grounds for termination of parental rights because of abuse even if the parent has not been criminally convicted of that abuse
- COA holds that governmental liability for failure to properly maintain a highway extends not only to physical injury but to other damages flowing from physical injury
- COA upholds the right to file a civil action for a denial of health insurance benefits, even after an unfavorable regulatory decision
- MSC holds that cities can regulate wages in municipal contractor agreements that affect or involve city property
- COA: Notice under the No Fault Act does not need to identify a specific injury in order to be effective
- COA concludes that notice under the No Fault Act does not need to identify a specific injury in order to be effective
- COA says that the mere continuation exception to a successor corporation’s non-liability is alive and well in Michigan jurisprudence
- MSC holds that, under the Public Works Bond Act, actual receipt of notice is not necessary
- COA concludes that a consent judgment does not have preclusive effect where factual issues were not tried in the prior proceeding and where the judgment was intended to be temporary
- COA: Judgment interest is not included with a sanctions award
- COA: Closed informal sessions do not violate the Open Meetings Act
- COA: DHHS must conduct an individualized assessment before terminating the rights of a cognitively impaired parent
- COA – No contract was ever formed in loan modification agreement left partially unsigned by home owner and unsigned by loan servicer
- COA – Where Court of Appeals previously ruled that there was sufficient evidence of causation to go to a jury, that issue could not be re-litigated on remand
- “Cousins by marriage” are not treated as a “relative” under no-fault
- Terminating parental rights because parental rights have previously been terminated violates due process, says the COA
- COA: A carryforward of a credit earned under the SBTA is refundable as a “credit” under the MBTA
- COA – Because Plaintiff’s uninsured vehicle was not being operated at time of accident, insurer for State assigned claims plan must pay for PIP benefits as insurer of last priority
- COA – Genuine issues of material fact exist where home health aide could not avoid inherently dangerous condition when all routes to home were covered in ice and snow
- COA: Unfit parents cannot raise religious objections to the immunization of their children
- COA: Delay of personal protection benefits improper where reasonable proof has been provided
- COA says that defendant in a child protective proceeding must be allowed to appear and defend himself
- COA: Ordinance prohibiting noise that destroys peace and tranquility is unconstitutionally vague
- Proceeds from the sale of a home do not qualify for “home of modest value” hardship waiver for Medicaid reimbursement by a decedent’s estate
- COA is bound by prior holding to conclude that res judicata does not bar uninsured motorist claim, but openly expresses opposition to the prior decision
- COA – Reimbursement for chiropractic services not required under Michigan No-Fault Act as services did not fall under 2009 definition of “practice of chiropractic service”
- COA says that ordering a property owner to cease all activity on a designated wetland does not constitute a taking
- COA – Be careful when you impugn the character of a nonparty in the course of discovery because you could be liable for defamation
- COA – A live power line on the ground is more dangerous than one in the air making an injury caused by a downed line more foreseeable
- Due process concerns may necessitate public funding for expert witnesses in parental termination proceedings, says the COA
- COA – Insured’s sexual molestation of a minor did not constitute an “occurrence” under the plain meaning of insurance policy
- COA: Requiring a personal representative to mail or personally serve herself with notice would be absurd
- Dictionary definition of the word “under” controls in the Court of Appeals’ ordering of tax credits pursuant to the Michigan Business Tax Act
- COA determines that the Public Service Commission does not have the authority to uphold a settlement agreement
- Grandparenting visitation time should only be awarded upon a clear denial of visitation by the custodial parent, says the COA
- COA holds that the Court of Claims does not have jurisdiction over production company’s challenge of Michigan Film Office certification denial
- COA says test vehicles with manufacturer’s license plates are “licensed for use on public highways” under former provision of Michigan’s Use Tax Act
- COA finds charter school’s sale of bonds without the proper authority triggered insurance policy’s fraud exclusion
- COA reaffirms that the framework established by Smith should be followed in determining the award of attorney fees
- COA: Property owners association cannot use bylaws to impose new and expanded restrictions on a development without unanimous consent
- COA affirms Michigan Public Service Commission’s orders setting rates for gas utilities
- COA: geographic cost of living variations do not justify deviation from Michigan Child Support Formula
- COA: Monthly charge collected by FOC from child and spousal support payments is not an unconstitutional taking nor does it violate substantive due process
- COA: A hospital has no common law duty to assist a discharged patient with transportation
- COA: A motor vehicle that was not driven is not statutorily required to pay for accidental damage arising out of its ownership or maintenance
- COA: Transfer of personal property solely for the purpose of providing a service is nontaxable under Michigan’s Use Tax Act
- COA concludes that the plain terms of trust authorized “Lady Bird” Quitclaim Deed and there is no presumption of undue influence without a fiduciary or confidential relationship
- COA: Disinheriting language in a will does not deprive children of their statutory right to exempt property, says the COA
- COA holds that a recent amendment to MCPA does not apply to conduct that occurred before March 28, 2001
- COA holds that a deed may remain valid even if the acknowledgment is defective
- COA: Order regarding grandparenting time is a final judgment and therefore appealable by right
- COA upholds retroactive repeal of the Multistate Tax Compact
- COA holds that court-appointed guardian ad litem is entitled to compensation for services rendered in tort litigation
- COA holds that church advisory body is congregational in nature and therefore judiciary could not resolve wrongful termination dispute
- COA rules insurer of commercial transportation vehicle may be liable for claims arising from injuries sustained in accident involving an uninsured vehicle sharing common ownership
- COA vacates custody order for referee’s violation of procedural and substantive requirements
- COA: Courts must consider whether less intrusive arrangements are available before granting a contested petition for conservatorship
- COA holds that a manager of an LLC does not have standing to bring a suit on behalf of its company and that the relation back doctrine for amending a complaint does not apply to adding a party
- COA: Unchallenged DNA evidence plus a reasonable belief that an individual may be the biological father of a child is enough to establish a mistake of fact under Michigan’s Revocation of Paternity Act
- COA concludes that exemplary damages are not available in suits for libel unless claimant seeks a retraction
- COA holds there is no right to a limited medical license for individuals denied access to postgraduate residency program
- COA re-affirms presumption that municipal utility rates are reasonable
- COA affirms custody, child support, and attorney fee decisions in custody battle
- COA finds that ESPN is entitled to names of MSU student-athletes named as suspects in University police incident reports
- COA: Res judicata does not bar separate actions for uninsured motorists benefits and personal injury protection benefits under Michigan’s No-Fault Act
- COA holds that The Friend of the Court office is shielded from liability when acting as an arm of the family court
- COA holds that PERA prohibits an employer from collective bargaining over any decision with regard to teacher placement
- COA: A properly crafted named-driver exclusion in a vehicle insurance policy allows insurers to exclude coverage for damages caused by specific drivers
- COA requires clear and convincing evidence of arbitrary and capricious decision-making to overturn adoption decisions of the Michigan Children’s Institute
- COA: Condominium association must follow formalities in bylaws before initiating suit
- COA determines that an assignee of a cause of action becomes the real party in interest with respect to that cause of action
- COA holds that utility companies may install “smart meters” on customer property and enter onto property without owner permission
- COA: Tort claimant suing transit authority cannot satisfy statutory requirement of timely written notice of claims by filing application for no-fault benefits
- COA: Statements made to police for the purpose of reporting criminal activity are entitled to absolute privilege in defamation suits
- COA holds that the presumed father is a necessary party for paternity actions under the RPA
- COA: Wrongful death actions on behalf of a nonviable fetus get same treatment as if brought on behalf of a “person”
- COA determines that renewals of insurance policies are not applications for insurance for purposes of Michigan statute
- COA affirms constitutionality of DNR’s classification of Russian boar as an invasive species
- COA clarifies rules for awarding spousal support, attorney fees in divorce cases
- COA holds teacher’s termination in violation of the Revised School Code gives rise to private cause of action
- COA holds that the terms of an installment sales contract did not apply to the down payment on a vehicle
- COA finds that the No Fault Act limits work loss benefits to a specified income level, not a specified income loss.
- COA: Michigan’s Child Custody Act allows third-party custodians to rebut the parental presumption
- COA reaffirms that employees who file for disability benefits must present certified statements of disability
- COA upholds court’s right to order child support for high school students, even after age 18
- COA affirms DTE’s power supply cost recovery plan
- COA holds that a parent’s failure and inability to protect children from abuse supports termination of that parent’s rights
- COA: Michigan’s No Fault Act does not allow out-of-state residents to sue in tort for economic damages outside of those provided for by personal protection benefits
- COA upholds public body’s right to require down payment of fees before processing FOIA requests
- Michigan Supreme Court upholds full privilege from discovery for reports created by peer-review committees in hospital investigations
- COA considers alternative arguments in Galien Township school funding case and upholds its earlier decision
- COA holds that an affidavit of merit in a medical malpractice action is proper where it was reasonable to believe an expert is qualified to testify at trial at the time the affidavit was signed
- COA concludes that member oppression claim was timely as relevant statute operated as statute of limitations and not statute of repose
- COA finds that trustees lack standing to sue for breach of contracts ancillary to a trust agreement
- COA: Pontiac emergency manager’s order eliminating retiree benefit contributions is not retroactive
- COA holds guaranty actions and foreclosure actions are separate actions for the purposes of compulsory joinder and res judicata.
- COA holds public employers have no duty to bargain over choice of healthcare contribution limit under new law
- COA determines that there is no intentional tort exception to the Governmental Tort Liability Act
- COA finds Defendant does not lose immunity under Emergency Medical Services Act for failure to timely file an affidavit of meritorious defense
- MSC orders reconsideration of attorney fees awarded under the Open Meetings Act
- COA finds that suspicion of future violation of law suffices in whistle-blower claims
- COA: Parties may move for modification of spousal support after support obligation ends
- COA holds municipalities may provide electrical delivery services to customers outside of city limits so long as another utility company is not presently providing such services
- COA holds Quiet Title statute is constitutional and clarifies a party’s right to a jury under the statute
- COA holds that a trial court’s decision terminating parental rights under the one-parent rule may be challenged on direct appeal
- MSC grants mini-oral argument to determine whether lifeguard’s failure to rescue was the proximate cause of student’s drowning death
- MSC grants oral argument to consider several parts of the Revocation of Paternity Act
- MSC vacates COA’s opinion where it provides a hypothetical that modifies the defendants’ business purpose
- COA vacates recent opinion on admissibility of expert medical testimony and reaches the same conclusion that surgeon was qualified to testify about the standard of care
- COA holds that expert testimony on the standard of care need not be supported by peer-reviewed literature or general acceptance in the community
- COA Holds No-Fault Statute of Limitations Protects Insurers after One Year
- MSC finds that the Michigan Business Tax Act did not repeal the Multistate Tax Compact
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- 47 Warner Attorneys Named Top Lawyers by Grand Rapids Magazine
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- COA: Defendant did not waive standing defense where consent judgment did not expressly show intent to waive a standing argument
- COA: A Petitioner is entitled to a Principal Residence Exemption even if the subject property is rented for more than 14 days in a year
- MSC to consider property tax exemption for subsidiary of non-profit entity
- COA: A vehicle only became uninsured upon a court’s ruling of no coverage
- COA: Court order for physical transfer of a child from a parent constitutes removal triggering the protections of the Michigan Indian Family Preservation Act
- COA: Unjust Enrichment claim is not barred by governmental tort immunity
- COA: Cash value of life insurance policy is exempt from garnishment
- MSC imposes nine month suspension on District Court Judge for interfering with a criminal investigation and misrepresentations
- MSC invalidates post hoc causation reasoning
- COA determines that public school employees are required to be deemed totally and permanently disabled by an independent medical advisor to receive disability benefits
- COA: Insurer does not have to defend a lawsuit against a police officer that alleges conduct outside the of scope of employment
- COA: Schools Boards do not have to recall laid off teachers to fill job openings in different subject matter
- COA: There is no statute of limitations for filing a Qualified Domestic Relations Order
- COA: Under the Adoption Code courts can only preclude expenses that are related to the adoption of a child
- COA endorses streamlined process for amending pleadings
- MSC: Supreme Court “adds” extra day to statute of limitations period for medical malpractice actions
- MSC: The ecclesiastical abstention doctrine does not limit Courts’ subject matter jurisdiction
- COA: Fit parents have the right to adjust grandparenting time
- COA: Government Computerized Databases Can Be FOIA’ed, But It Will Cost You.
- COA: The University of Michigan’s Ban on Firearms Does Not Violate the Second Amendment
- COA: Photographs and fingerprints do not trigger a clear Fourth Amendment violation eliminating immunity
- COA: A claim for “reimbursement” against medical providers under the Assigned Claims System is subject to a 2-year limitations period
- COA: If a fire truck has to try to drive safely—then so does a snowplow. There is no immunity from negligence claims while working on roadways
- COA: Businesses that peripherally participate in auto maintenance and repair are not excluded from coverage under the No Fault Act
- COA: Self-sustaining operations of the Blue Water Bridge do not trigger exemption to governmental immunity
- COA: State recovery under Medicaid liens is limited by federal Medicaid anti-lien statute
- COA: Unrefined – but unambiguous – contract terms do not create a ripe judicial controversy
- COA: An easement is vacant if it is non-exclusive and temporary, not when it is not exclusive or permanent
- COA: Individual’s membership in and seasonal operation of LLC not enough to establish that he personally “conducts business” in LLC’s county for venue purposes
- COA: Junior mortgagee has a right to surplus foreclosure funds after foreclosure by a senior mortgagee
- COA: Right-to-work statute forbids union rules that limit members’ rights to end union affiliations at will
- COA held vested retirement rights may not be altered without the retiree’s consent
- COA: MUTSA preemption limited to misappropriation of trade secret, does not encompass other common-law unfair competition claims
- COA – Generally applicable statement is allowed in contested case order so long as it is made after public notice and hearing
- COA: In a bifurcated class action suit, a court may dismiss a class action suit by contemporaneously incorporating notice of the dismissal into a general notice of the action
- COA holds that proposed parenting-time change alters the established custodial environment.
- COA holds that a statutory instruction to “consider” factors, does not require findings on the record as to each factor
- COA holds that a question of fact prevents summary disposition on a PIP claim based on an insurer’s fraud exclusion
- COA upholds 20-day filing period for appealing a Tobacco Products Tax Act decision
- COA: Prenups cannot deprive court’s ability to divide property in a divorce
- When throwing a dinner party at your home, keep all your lights on to avoid premises liability suits.
- MSC grants MOAA on whether an employee’s communication with her attorney constitutes a report to a public body within the meaning of the Whistleblowers’ Protection Act
- COA upholds prior ruling that a custom-furnishing carpenter is liable for use tax as construction contractor because its products met the fixtures test
- COA: when it comes to driving a golf cart, the applicable standard of care is ordinary negligence, not reckless misconduct
- COA: Trial court overstepped its authority in blocking state access to Legionella-related records from Flint area hospital
- COA determines that the actual water’s edge is the boundary of a critical dune area
- MSC: Onus is on plaintiff not defendant, to prove notice of hazard in slip and fall case
- COA holds identities of anonymous bloggers protected by First Amendment
- COA: Stein not an “aggrieved” candidate because she has no chance of overturning the result
- COA: “replacement” senior mortgage does not retain priority in quiet-title action to the extent loan amount is increased
- COA reinforces publication requirement for slander of title claim and holds that deed restrictions recorded outside the chain of title cannot impact a property interest
- COA finds that fair reporting privilege does not cover alleged libel that is not part of a public record
- COA determines that a government agency can be liable for injury allegedly caused by failure to maintain a road
- PIP benefits are available to injured parties in lawful possession of another’s vehicle, whose owner knew such injured party’s use of the vehicle would be unlawful
- COA doubles down, holding that Pontiac emergency manager’s order eliminating retiree benefit contributions is not retroactive
- COA: Dismissal of lawsuit for PIP benefits because of discovery violations bars related claims for insurance benefits brought by service providers
- COA: Bring more than $40 for a hearing on an abandoned vehicle
- COA clarifies that repossessed property is excluded for “bad debt” tax credit
- COA finds that prior litigation bars additional unfunded mandate challenge
- COA: Probate inventory fee must be paid if estate has sufficient assets, even if it means selling the personal representative’s home
- COA: Statutory language requiring rescission “in writing” of personal residence exemption not constrained to Treasury Form 2062
- COA: Calculate renaissance zone tax credit by following Department of Treasury’s interpretation of renaissance zone business activity factor
- COA: Foster care is not a requirement for termination of parental rights
- COA upholds receiver sale of mortgaged property
- COA: County’s use of a shooting range does not have priority over township ordinance
- COA awards summary disposition to insurer based upon its recent elimination of the innocent-third party doctrine
- COA holds that hospital cannot be held vicariously liable for on-call physician
- COA: More evidence is required to determine whether complaint’s allegations sound in medical malpractice or ordinary negligence
- COA Panel disagrees with recent precedent that limits plaintiffs’ no-fault recovery options
- COA – Boat seller is no longer an “owner” after delivery of title to a purchaser
- COA: Michigan’s civil forfeiture scheme is unconstitutional as applied to a claimant could not afford to post bond to challenge forfeiture
- COA: Three year limitations period governs plaintiff’s discrimination claims
- COA: Question of fact existed as to whether title insurer participated in a fraudulent scheme with bank’s funds
- MSC: A lien claimant who succeeds on a breach of contract claim may be a “prevailing party” entitled to attorney fees under the Construction Lien Act
- MSC grants mini-oral argument for application regarding termination of parental rights of cognitively impaired parent
- COA find that arguments must be devoid of arguable legal merit to award attorneys fees arising from a frivolous argument
- COA holds that DHHS is not statutorily required to grant hardship waivers for Medicaid costs
- COA determines 60-day appeal period applies to challenges to the issuance of permits to install control devices
- COA finds old-age social security benefits should be included in survivor’s loss calculations under the No-Fault Act
- COA: Public Service Commission order approving utility program can be lawful and reasonable even if there is conflicting evidence about the benefits of the program
- COA requires strict compliance with the marriage component of the equitable parent doctrine in rejecting individual’s standing to challenge custody of former same-sex relationship partner’s child
- COA: A previous owner of property cannot file an affidavit that the property was qualified agricultural property for tax purposes
- COA: Tender does not constitute payment of redemption funds sufficient to void a sheriff’s deed
- COA holds that members of the Parole and Commutation Board do not have vested contractual rights to hold their positions
- COA holds that the insurers are not required to pay no-fault benefits to innocent third parties if the insured obtained automobile insurance coverage through fraud
- COA: No premises liability unless defendant has possession and control of the property
- MSC grants oral argument to consider the applicability of a Michigan Civil Rights Act case to a Whistleblower Protection Act claim
- MSC to consider whether a timely filed motion to extend time to file an affidavit of merit, which is not granted until after the limitations period expires, tolls that limitations period
- COA holds that a spouse be must willfully and physical absent from her decedent spouse for at least a year before death to be disqualified from electing against the decedent’s will
- COA holds that insurer may rescind policy even after an accident, if it is determined that the insured made misrepresentations in obtaining the policy and insurer relied on the misrepresentations.
- COA holds that power companies have an obligation to reasonably inspect and maintain power lines
- COA holds that there can be statutory grounds for termination of parental rights because of abuse even if the parent has not been criminally convicted of that abuse
- COA holds that governmental liability for failure to properly maintain a highway extends not only to physical injury but to other damages flowing from physical injury
- COA upholds the right to file a civil action for a denial of health insurance benefits, even after an unfavorable regulatory decision
- MSC holds that cities can regulate wages in municipal contractor agreements that affect or involve city property
- COA: Notice under the No Fault Act does not need to identify a specific injury in order to be effective
- COA concludes that notice under the No Fault Act does not need to identify a specific injury in order to be effective
- COA says that the mere continuation exception to a successor corporation’s non-liability is alive and well in Michigan jurisprudence
- MSC holds that, under the Public Works Bond Act, actual receipt of notice is not necessary
- COA concludes that a consent judgment does not have preclusive effect where factual issues were not tried in the prior proceeding and where the judgment was intended to be temporary
- COA: Judgment interest is not included with a sanctions award
- COA: Closed informal sessions do not violate the Open Meetings Act
- COA: DHHS must conduct an individualized assessment before terminating the rights of a cognitively impaired parent
- COA – No contract was ever formed in loan modification agreement left partially unsigned by home owner and unsigned by loan servicer
- COA – Where Court of Appeals previously ruled that there was sufficient evidence of causation to go to a jury, that issue could not be re-litigated on remand
- “Cousins by marriage” are not treated as a “relative” under no-fault
- Terminating parental rights because parental rights have previously been terminated violates due process, says the COA
- COA: A carryforward of a credit earned under the SBTA is refundable as a “credit” under the MBTA
- COA – Because Plaintiff’s uninsured vehicle was not being operated at time of accident, insurer for State assigned claims plan must pay for PIP benefits as insurer of last priority
- COA – Genuine issues of material fact exist where home health aide could not avoid inherently dangerous condition when all routes to home were covered in ice and snow
- COA: Unfit parents cannot raise religious objections to the immunization of their children
- COA: Delay of personal protection benefits improper where reasonable proof has been provided
- COA says that defendant in a child protective proceeding must be allowed to appear and defend himself
- COA: Ordinance prohibiting noise that destroys peace and tranquility is unconstitutionally vague
- Proceeds from the sale of a home do not qualify for “home of modest value” hardship waiver for Medicaid reimbursement by a decedent’s estate
- COA is bound by prior holding to conclude that res judicata does not bar uninsured motorist claim, but openly expresses opposition to the prior decision
- COA – Reimbursement for chiropractic services not required under Michigan No-Fault Act as services did not fall under 2009 definition of “practice of chiropractic service”
- COA says that ordering a property owner to cease all activity on a designated wetland does not constitute a taking
- COA – Be careful when you impugn the character of a nonparty in the course of discovery because you could be liable for defamation
- COA – A live power line on the ground is more dangerous than one in the air making an injury caused by a downed line more foreseeable
- Due process concerns may necessitate public funding for expert witnesses in parental termination proceedings, says the COA
- COA – Insured’s sexual molestation of a minor did not constitute an “occurrence” under the plain meaning of insurance policy
- COA: Requiring a personal representative to mail or personally serve herself with notice would be absurd
- Dictionary definition of the word “under” controls in the Court of Appeals’ ordering of tax credits pursuant to the Michigan Business Tax Act
- COA determines that the Public Service Commission does not have the authority to uphold a settlement agreement
