Jason L. Byrne
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- Ann Eller
industries
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- 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
- Beyond the Policy: A Full-day Insurance Coverage Program
- Automotive Roundtable Series Qtr 4: Cybersecurity Liability Concerns for Automotive Suppliers
- How Michigan’s Legalization of Cannabis Affects Insurance Policies, Terms, Insurance Fraud and Claims
- Cyber Liability and Insurance, Are You Covered?
- Webinar: Back to School — Preparing for Legal Challenges in Higher Education
- Webinar: Legal Issues Related to COVID-19 Vaccination Policies in Higher Education
- Cyber Liability Webinar
- Webinar: Insurance Coverage for Emerging COVID-19 Claims Against Businesses
- Webinar: The California Consumer Privacy Act
- Webinar: Legal Trends and Challenges Facing Higher Educational Institutions
- Webinar: Medical Marihuana – Legal Answers to Your Tough Questions
- What You Don’t Know About Cyber Insurance Could Be Putting Your Company at Risk
- What You Don’t Know About Cyber Insurance Could Be Putting Your Company at Risk
- 47 Warner Attorneys Named Top Lawyers by Grand Rapids Magazine
- Warner Named as Leading Michigan Law Firm by Chambers USA 2024
- Warner Represents Macatawa Bank Corporation in Its Pending Merger with Wintrust Financial Corporation
- 66 Warner Attorneys Named Top Lawyers by Grand Rapids Magazine
- Warner Represented Linamar in Acquiring Three Battery Enclosure Factories
- Warner Serves as Counsel for Public-Private EMU Student Housing Project
- 51 Warner Attorneys Rated 2022 Top Lawyers by Grand Rapids Magazine
- Warner Represented Kendall Electric, Inc. In Its Acquisition of Rumsey Electric Company
- Warner Represents The Kendall Group in its Acquisition of Forberg Scientific
- IJGlobal Names Gordie Howe International Bridge 2018 Deal of the Year
- Gordie Howe International Bridge Named Canadian Deal of the Year by Lexpert® in its Top 10 Deals of 2018
- Gordie Howe International Bridge Named PFI’s 2018 Transport Deal of the Year
- Warner Represents SpartanNash in its Acquisition of Martin’s Super Markets
- Warner Represents Structural Concepts Corporation in Its Sale to Mason Wells
- Warner Serves as U.S. Counsel to Windsor-Detroit Bridge Authority on Historic Agreement for Gordie Howe International Bridge
- Warner Represents TCSB Bancorp, Inc. in Its Merger With Independent Bank Corporation
- Warner to Host Webinar on Medical Marihuana
- 25 Warner Attorneys Recognized as Rising Stars
- Warner Advises in the Sale of American Grease Stick Company
- Warner Advises Xcentric Mold & Engineering on Investment from The Riverside Company
- 26 Warner Attorneys Recognized as Rising Stars
- Warner Representing Birmingham Bloomfield Bancshares, Inc. (Bank of Birmingham) in Merger with Arbor Bancorp, Inc. (Bank of Ann Arbor)
- Do You Have Choice of Counsel in Insurance Litigation?
- Proposed Title IX Regulation Addresses Transgender Student Eligibility for Athletic Teams
- SCOTUS Strikes Down Affirmative Action
- What Can Cybersecurity Insurance Do for You?
- The Battle Over COVID-19 Vaccines in Higher Ed
- Rutgers University Requires COVID-19 Vaccination
- MI Federal Court Allows Salon’s Covid-19 Insurance Case to Proceed in Court Under Communicable Disease Provision
- Michigan Student Athletes May Now Commercialize Themselves, But the Scope of Their Rights Remains Unclear
- Opening the Floodgates? North Carolina Court Finds Business Interruption Insurance Covers COVID-19 Losses
- Supreme Court Redraws the Boundaries of Copyright Law for State Governments and Agencies
- Sixth Circuit’s Title IX Ruling Raises Specter of Simultaneous Liability to Victims and Accused Harassers
- 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
