Volume 11 #1 Fall 2019

Message from the Chair

James Bradley Secrest Wardle Email

In my years with the Negligence Section, I have never seen legislation which affected all members of the section council, let alone all members of the section membership. Today, however, is a new world with the legislature’s recent enactment of the revisions to the Michigan No-Fault Statute. This legislation affects not only the entirety of our membership, but the entire Michigan population. It substantially alters 50 years of statutory and common law history governing Michigan automobile insurance and does so in a way that is neither inconsequential nor particularly clear. Regardless...

Everyone’s (Got) An Expert

Kyle Smith Collins Einhorn Farrell PC Email

Expert discovery is an essential aspect of almost every case you’ll litigate. Many cases ultimately come down to a “battle of the experts.” So before you ride off to do to battle in the trial arena, make sure you’re well-equipped and that you’ve prepared your experts as well as possible. Doing so requires preparation from the very beginning of litigation, if not sooner. Here are some things to consider as you formulate your expert discovery strategy...

Nickola and the Limitations on Penalty Interest Awards in Tort Actions

James Bradley Secrest Wardle Email

Drew W. Broaddus Secrest Wardle Email

Reprinted with permission from the June 2018 issue of the  Michigan Bar Journal Although MCL 500.2006(4) has long provided for the imposition of 12 percent “penalty” interest on insurers who are “delinquent” in paying first-party (as well as certain third-party) claims, this provision is receiving renewed attention in light of the Michigan Supreme Court’s decision in Nickola v MIC General Insurance Company . While Nickola dealt with underinsured motorist (UIM) benefits, the overlap between UIM and tort claims has led some to interpret Nickola as expanding the situations in which third-party claim- ants can recover penalty interest. However, a thorough reading of this opinion confirms that Nickola has little impact outside of the underinsured motorist and uninsured motorist contexts. The standard to recover under § 2006(4) remains high for true third-party tort claimants who have no contractual relationship with the insurer...

“Qualified Health Coverage” Under the New No-Fault Law

Robert B. June Law Offices of Robert June PC Email

The term " qualified health coverage " is a term of art that will become crucial to some coverage issues under the newly amended Michigan no-fault act. To exercise the so-called 'Medicare opt-out' of coverage for personal protection insurance under the new MCL § 500.3107d, the named insured must have coverage under parts A and B of Medicare, and the named insured's "spouse and any relative of either that resides in the same household" must have "qualified health coverage." Similarly, insurers must offer any named insured "an exclusion related to qualified health coverage" under the revised MCL § 500.3019a, which governs coordination of benefits in Michigan no-fault policies. So what is this " qualified health coverage "?

Opioid Litigation and Michigan Law

Todd Tennis Capitol Services, Inc. Email

Recently, Oxycontin manufacturer Purdue Pharma announced a settlement offer for approximately 2,600 lawsuits filed against it regarding the opioid crisis. Concurrently, multiple other pharmaceutical manufacturers, wholesalers and retailers face similar lawsuits around the country. In a case against Mallinckrodt PLC seen as a bellwether for opioid lawsuits, the defendant recently agreed to settle litigation with Cuyahoga and Summit Counties in Ohio for...

Michigan Lawyers Weekly wants to hear about your verdicts and settlements:

Please submit recent civil cases (within the past six months) where you prevailed - whether in a jury verdict or a settlement -- so MLW may publish them. Questions about Lawyers Weekly's Verdicts and Settlements policy may be directed to the editor at (800) 678-5297 or  editor@mi.lawyersweekly.com.

New Members of the Negligence Law Section as of 10-1-19

Richard P. Peterson, II Joseph W. Phillips Thomas Raymond Schultz Betty R. Widgeon Gerald H. Acker Eugene David Black Stephanie B. Burnstein John D. Burtch Thomas R. Charboneau, Jr. Wendell N. Davis, Jr. Timothy Gilley Sarah Louise Gorski John Ali Hamood Lee Hornberger Livia Khemmoro

Hon. Alexander C. Lipsey Danielle Lofton Karen Libertiny Ludden Megan A. Mast William B. Murphy Thomas F. Myers Carmine G. Paterra Todd R. Perkins David Lawrence Ravid Scott Robert Reizen Alexus B. Ringstad Barry A. Seifman Brande Nicole Smith Valentine J. Temrowski, Jr. Eisha Vatsal

Upcoming Meetings and Events for the Negligence Law Section

October 10, 2019 -- Education Session - MSU Education Center, Troy, MI November 18, 2019 -- Education Session - MSU Education Center, Troy, MI April 9, 2020 -- YL Social Event, Jolly Pumpkin, Royal Oak - 5:30 pm - 7:30 pm June 10, 2020 -- Past Chair Dinner - Detroit Golf Club August 13, 2020 -- Summer Meeting - Lansing Country Club Spring Meeting -- Friday, May 1- Monday, May 5, 2020 -  Nobu at Caesars Palace, Las Vegas, NV

Spring Meeting: Register Today!

Friday, May 1 - Monday, May 4 Nobu at Caesars Palace  Las Vegas, NV

Registration Form

New Commissioner Liaison: Thomas H. Howlett

Thomas H. Howlett The Googasian Firm, P.C. 6895 Telegraph Road Bloomfield Hills, Michigan 48301 Direct: 248-502-0862 Email

State Bar of Michigan Negligence Council

James R. Bradley Chairperson Secrest Wardle Email

Thomas R. Behm Vice Chair Gruel Mills Nims & Pylman PLLC Email

Robert F. Riley Secretary Riley & Hurley PC Email

Chad D. Engelhardt Treasurer Goethel Engelhardt PLLC Email

Timothy A. Diemer Council Member Jacobs and Diemer PC Email

Debra A. Freid Council Member Freid Gallagher Taylor & Associates PC Email

Mark A. Gilchrist Council Member Smith Haughey Rice & Roegge Email

Mark R. Granzotto Council Member Mark Granzotto PC Email

Jenna Wright Greenman Council Member Kitch Drutchas Wagner Valitutti & Sherbrook Email

Deborah A. Lujan Council Member Collins Einhorn Farrell PC Email

Donna M. MacKenzie Council Member Olsman MacKenzie & Wallace Email

Todd J. Stearn Council Member Law Offices of Todd J Stearn PLC Email

Jeffrey Ver Beek Council M ember Ruggirello Velardo Novara & Ver Beek PC Email

Robert Raitt Ex-Officio Michigan Auto Law Email

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