The Law Firm of Cummings, McClorey, Davis & Acho, P.L.C.
17436 College Parkway - Livonia, Michigan 48152
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We are pleased to present to you the latest Law Blog from Cummings, McClorey, Davis & Acho, P.L.C. We hope you find the content interesting and useful. Should you ever have any questions, concerns or require legal assistance of any kind, please do not hesitate to contact us. |
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Caregivers: Five Steps to Eliminate Legal Hurdles |
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The U.S. population is increasingly aging. Family members of aging loved ones are increasingly stepping into the role of helper or caregiver. Fulfilling these responsibilities requires a great deal of time, energy and focus. Caregivers should be able to act with minimal complication and resistance. Too frequently, caregivers struggle to overcome legal hurdles when making decisions for their charges. Attorney Norman E. Richards shares five steps caregivers should take to eliminate frustrating, and often costly, legal challenges.
1. Determine the legal authority needed. If an aging person merely needs guidance or prompting with decision-making, this can usually be accomplished informally. If, on the other hand, the caregiver must step in and act on behalf of the aging person, this will require... READ MORE >
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Avoid Risky Policies when Collecting Assessments from Delinquent Condominium and HOA Homeowners
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Question: Can the Board of a Condominium Association or HOA post a list of delinquent members on the Association’s website to shame them into paying?
Answer: In a word, NO. Associations who post a list of delinquent members by name may face a defamation/slander lawsuit or violate other privacy protections by doing so if the information is incorrect. (Some Board’s and management companies may also be slow to update the list and so it is usually not a good business practice to publish). However, Associations have the right to publish Board minutes listing unpaid assessments without identifying the delinquent owner by name or other specific identifying information. The Board has a fiduciary duty to membership to share financial information as to the overall financial health of the Association, but must also balance individual member's privacy concerns... READ MORE >
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Attorney Joseph Ramirez Successfully Mediates Dispute Between Insurer and Insured |
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Joseph M. Ramirez, an attorney in our Kansas City office, successfully negotiated coverage for a client that was involved in a car accident in California. A third-party claim for damages in excess of $75,000 was made against Mr. Ramirez’s client. Coverage questions arose leading to a dispute between insurer and insured, which could have resulted in his client being personally at risk.
Mr. Ramirez used his experience and expertise with insurance law to successfully negotiate a resolution on the issue of coverage saving everyone time... READ MORE >
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Attorney Stephen Johnston Joins Livonia Office |
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Please join us in welcoming Stephen Johnston to CMDA.
Stephen C. Johnston is an attorney in both our Livonia and Clinton Township offices where he focuses his practice on estate planning, probate litigation and administration, and transactional matters. He enjoys working in probate and estate planning for the comfort it can provide to his clients. During what can be a troubling time, he focuses on building a strong attorney-client relationship and through honest and open communication, working hard to satisfy the desires of his clients. Mr. Johnston is a frequent public speaker on the areas of estate plan and probate avoidance, and he has handled matters in over 30 Michigan counties. He was admitted to... READ MORE >
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Summary Disposition Granted Based on Graves Amendment |
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CMDA Attorneys Joel Ashton and Stanley Okoli recently had a third-party automobile negligence action dismissed on summary disposition in favor of the dealership that owned the automobile driven by the allegedly negligent driver.
In this case, a car dealership customer was involved in an accident while driving a loaner vehicle owned and provided by the defendant dealership while it repaired the customer’s vehicle. The plaintiff, who also sued the customer as the driver of the loaner vehicle, sued the dealership based on Michigan’s Ownership Liability Act, MCL 257.401, which generally provides that the owner of a motor vehicle, including a person engaged in the business of leasing motor vehicles for a period of 30 days or less, is liable for an injury caused by the negligent operation of the leased vehicle.
We immediately moved for summary disposition based on federal preemption, arising from the Graves Amendment, 49 U.S.C. sec. 30106(a), to the Federal Transportation Equity Act, which provides... READ MORE >
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The Law Blog from CMDA is intended for informational purposes only and should not be used as a substitute for individual legal advice. Please consult an attorney regarding your particular situation. |
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Livonia, MI I Clinton Township, MI I Grand Rapids, MI I Traverse City, MI I Kansas City, MO I Riverside, CA I New York, NY |
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Cummings, McClorey, Davis & Acho, P.L.C.
17436 College Parkway - Livonia, Michigan 48152
Copyright © 2022 Cummings, McClorey, Davis & Acho, P.L.C., All rights reserved.
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