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James Bradley
Secrest Wardle
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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...
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Everyone’s (Got) An Expert
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Kyle Smith
Collins Einhorn Farrell PC
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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...
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Nickola and the Limitations on Penalty Interest Awards in Tort Actions
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James Bradley
Secrest Wardle
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Drew W. Broaddus
Secrest Wardle
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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...
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“Qualified Health Coverage” Under the New No-Fault Law
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Robert B. June
Law Offices of Robert June PC
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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
"?
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Opioid Litigation and Michigan Law
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Todd Tennis
Capitol Services, Inc.
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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...
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Michigan Lawyers Weekly wants to hear about your verdicts and settlements:
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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.
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New Members of the Negligence Law Section
as of 10-1-19
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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
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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
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Upcoming Meetings and Events for the Negligence Law Section
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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
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Spring Meeting: Register Today!
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Friday, May 1 - Monday, May 4
Nobu at Caesars Palace
Las Vegas, NV
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New Commissioner Liaison: Thomas H. Howlett
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Thomas H. Howlett
The Googasian Firm, P.C.
6895 Telegraph Road
Bloomfield Hills, Michigan 48301
Direct: 248-502-0862
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State Bar of Michigan Negligence Council
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James R. Bradley
Chairperson
Secrest Wardle
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Thomas R. Behm
Vice Chair
Gruel Mills Nims & Pylman PLLC
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Robert F. Riley
Secretary
Riley & Hurley PC
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Chad D. Engelhardt
Treasurer
Goethel Engelhardt PLLC
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Timothy A. Diemer
Council Member
Jacobs and Diemer PC
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Debra A. Freid
Council Member
Freid Gallagher Taylor & Associates PC
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Mark A. Gilchrist
Council Member
Smith Haughey Rice & Roegge
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Mark R. Granzotto
Council Member
Mark Granzotto PC
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Jenna Wright Greenman
Council Member
Kitch Drutchas Wagner Valitutti & Sherbrook
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Deborah A. Lujan
Council Member
Collins Einhorn Farrell PC
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Donna M. MacKenzie
Council Member
Olsman MacKenzie & Wallace
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Todd J. Stearn
Council Member
Law Offices of Todd J Stearn PLC
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Jeffrey Ver Beek
Council M
ember
Ruggirello Velardo Novara & Ver Beek PC
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Robert Raitt
Ex-Officio
Michigan Auto Law
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Advertise in the next Negligence Section E-Newsletter!
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The Neg Law E-News comes to you as a member benefit
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