9 Michigan Municipalities File Federal Lawsuit Against Pharmaceutical Companies

UpNorthLive reports that nine Michigan municipalities have joined together and filed federal lawsuits against dozens of pharmaceutical companies who they say had a part in the crisis: “Over 64,000 people died of opioid overdoses last year in America,” Said Dr. Joneign Khaldun, director and health officer for the City of Detroit. “In Michigan, the number’s […]

The New Era of Medical Provider No-fault Litigation

So if you have not heard, the auto no-fault insurance law has changed in Michigan for medical providers.  After nearly 40 years of permissible statutory action under the no-fault act, the Michigan Supreme Court abruptly changed the law for medical providers.  The case that changed the law is Covenant v State Farm (here).  Simply, the court held there […]

Carbon Monoxide Exposure Inexcusable

The tragic news out of Niles, Michigan, this past weekend is both shocking and inexcusable.  The children were exposed to over 800 parts per million of carbon monoxide, which exceeds the permissible 35 parts per million industry standard.   Authorities investigating the incident have discovered that the hotel’s exhaust ventilating system was failing.  This is inexcusable.  Michigan […]

2016-2017 No-Fault Year in Review

[From time-to-time, Smith & Johnson, Attorneys, P.C.’s law partner, L. Page Graves, has been a featured speaker at the joint State Bar of Michigan’s and Institute of Continuing Legal Education’s Upper Michigan Legal Institute where he reviews and discusses the latest appellate cases in Michigan’s No-Fault Jurisprudence.  Below is a copy of the materials hand-out for […]

Slip and Fall cases and the “Open and Obvious” defense

Over the last few years Michigan courts have gone out of their way to throw plaintiffs out of court. Even “Black Ice” which by its very nature can’t be seen, was looked at as “Open and Obvious” which allowed a court to dismiss valid claims against business owners who failed to keep their premise safe […]

Call A Cab: Don’t Drink & Drive

With summer tourism in full swing here in Northern Michigan, particularly with the upcoming Cherry Festival and 4th of July festivities in all our harbor towns and area inland lake communities, it is never too late or too redundant to advocate against drunk driving.  It affects us all.  The risks are immeasurable and sadly, in some instances, […]

No-Fault Medical Provider Actions Now At Potential Risk

On May 27, 2016, the Michigan Supreme Court has effectively signaled a complete 180 from its stated opinion exactly one-year ago, despite no change in the Court’s current composition of justices.  Last May 28, 2015, the Michigan Supreme Court denied an application to appeal a decision issued by the Michigan Court of Appeals, in Wyoming Chiropractic Health Clinic, PC v Auto-Owners […]

UBER & Michigan No-Fault Insurance Risks Before getting into an “Uber” car in Michigan, or for that matter becoming an Uber driver in Michigan, it would be prudent to thoroughly investigate the idea before proceeding with either plan.  There are several inherent insurance related risks associated with doing so when it comes to no-fault insurance coverage […]

Boat Owner’s Duty & Liability To Passenger While Boarding

The Michigan Court of Appeals has just reaffirmed a boat owner’s duty and resulting liability to his/her passengers while boarding.  The case is Lenhoff v Rechter, an unpublished per curiam opinion (Docket No. , dated May 12, 2016).  In Lenhoff, the plaintiff was injured when she fell while attempting to board the defendant’s boat.  The defendant had […]

Generic Notice of Injury Satisfies Statutory Notice for No-Fault PIP Benefits

The Michigan Court of Appeals issued a published decision affirming the basic rule that an injured claimant’s generic notice of injury constitutes sufficient notice to a liable no-fault insurer.  The case is Dillon v State Farm Mut Auto In Co, ___ Mich App ___ (May 3, 2016)(Docket No. 324902).  When Ms. Dillon was injured in a […]