Michigan Supreme Court Addresses the Ability to Add Non-Party At Fault Through Amendment of the Complaint
By Matthew Smith Notices of non-party fault are common and frequently lead to multi-defendant, multi-tiered litigation. After a plaintiff asserts one or more claims against a defendant, MCR 2.112(K)(3)(a) requires defendant to file a notice identifying any non-party the defendant believes “is wholly or partially at fault.” The notice “must be filed within 91 days after the party...Women’s Bar Association and the Negligence Law Section Each Honor Altior Law Partner Jennifer Grieco
The Women’s Bar Association presented Jennifer Grieco with is 2019 Evelyn Forrest Distinguished Advocate Award in a ceremony held on May 30, 2019 in Birmingham. In her remarks accepting the award, Jennifer focused on the many challenges that women have overcome in gaining a foothold in the male-dominated legal profession and the many challenges that still remain before women can...Michigan Supreme Court Makes Two Clarifications to the Summary Disposition Standard
By Stephen McKenney The Michigan Supreme Court recently clarified the standard for evaluating motions for summary disposition based on the plaintiff’s failure to state a claim for relief (i.e., MCR 2.116(C)(8)). The July 10, 2019 opinion in El-Khalil v Oakwood Healthcare, Inc. (Docket No. 157846) made two important holdings regarding how trial courts should evaluate: (1) pleading the...Michigan Supreme Court Adopts New Civil Discovery Rules
By Stephen McKenney Culminating a years-long review process – the progress of which we have been tracking closely – the Michigan Supreme Court made it official in June 2019: it has adopted the State Bar of Michigan’s Civil Discovery Amendments. The changes to the civil discovery rules will become effective January 1, 2020. The new rules are available online. ...Neuman Anderson Grieco McKenney is now Altior Law
Neuman Anderson Grieco McKenney, P.C. has rebranded to Altior Law as the firm reinforces its commitment to setting the standard in the practice of business law. Altior is derived from “altiorem,” which is the Latin word for higher, representing the elevated core values of the firm. Attorneys will continue to implement the meaning going forward in their work by providing high caliber...Michigan Bar Journal October 2018 — President’s Page — Jennifer M. Grieco
To be good, and to do good, is all we have to do. — John Adams I recently attended the American Bar Association Annual Meeting in Chicago. During the meeting, former ABA President Hilarie Bass shared her experience traveling to the southern border to assess the impact of the U.S. family separation policy. As you can imagine, the stories she shared were heartbreaking and the need for legal...Wait, What Happened to MCR 2.114?
By Steve McKenney Michigan state court litigators are familiar with MCR 2.114, the court rule that, among other things, authorizes the court to impose sanctions against a party or an attorney for filing any paper with the court that is not well grounded in fact or warranted by existing law. MCR 2.114 is the main tool courts use to punish parties and attorneys for taking a frivolous...Expert Witnesses Beware – The Court of Appeals Expands Professional Malpractice Liability
By Laura DePonio In a case of first impression, the Michigan Court of Appeals recently ruled that expert witnesses in professional malpractice actions may themselves be sued for malpractice if their testimony is not competent. The court ruled that witness immunity does not apply to bar all claims against expert witnesses. Voutsaras v. Mogill, issued January 3, 2019 (Docket No...Declarations Allowed to Replace Affidavits (on a Limited Basis) in Michigan State Courts
By Matt Smith Amidst the September 1, 2018 e-filing uniformity revisions to MCR 1.109, the Michigan Supreme Court inched a bit closer to providing Michigan state court litigators a tool previously reserved for federal practice – the unsworn, un-notarized declaration. For those unfamiliar with this creature of federal statute, please check out the prior post here:...