October 1, 2024 - Jury Trial Training | |
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Tim Diemer
Jacobs and Diemer PC
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It is fitting (but totally coincidental) that the theme of my most recent Message from the Chair i puts a bow on the themes from the first two and that my final column ties them all together. The Michigan Supreme Court’s 2023-2024 term confirms that the uptick of jury trials in Michigan is here to stay ii and the Court’s most important decisions for negligence practitioners are equally balanced between “wins” for the plaintiff and defense bars. iii This is not the outcome many expected. | |
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Section Amicus Briefs
On August 11, 2021, the Negligence Council adopted guidelines governing the submission of amicus briefs.
The Council is consistently requested by the Michigan Supreme Court to address important matters before the court. Every submission to the courts is scrutinized by these guidelines.
In addition, our voting requirements mandate consensus among plaintiff and defense council members. Accordingly, this balanced approach is consistent with our mission and our views on the most critical matters impacting negligence law.
These guidelines are set forth below.
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The section encourages authors to submit articles regarding relevant and timely issues and may not reflect the opinions of the section or its council.
Journal editors:
David Shafer
Email
D. Lee Khachaturian
Email
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Todd Tennis
Capitol Services, Inc.
Email
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At a little after 5am on June 27, the Michigan House and Senate completed their work on the Fiscal Year 2024-25 budget and recessed for what will likely be the next two months. The allnight session, which occasionally happens when passing controversial legislation such as appropriations bills, concluded with a handful of policy bills passing through either the House and Senate as well. | |
Establishing Corporate and Institutional Liability with Agency Principles and Equitable Doctrines | |
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Jennifer Engelardt
Goethel Engelhardt, PLLC
Email
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Chad Engelhardt
Goethel Engelhardt, PLLC
Email
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At a Glance:
1. While Michigan law generally respects the shield of corporate liability, there are circumstances where an entity or individual can be held accountable for the acts of an individual wrongdoer or separate entity.
2. Michigan has a robust body of agency law which includes actual agency based on control, and apparent agency based on whether a putative agent reasonably appears to be acting on behalf of the principal.
3. In addition to legal principles under agency law, the equitable remedy of piercing the corporate veil may be available to prevent or remedy fraud or injustice.
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What's old is new again: Recent decisions on legal duty harken back to time-honored precedent | |
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Timothy A. Diemer
Jacobs and Diemer, PC
Email
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During oral argument near the end of 2021, then Michigan Chief Justice Bridget Mary McCormack asked a rhetorical question that did not ultimately control the Court’s opinion in the case of Rowland v. Independence Village of Oxford, LLC.1 In hindsight, McCormack’s point that a defendant’s legal duty is supposed to be framed generally and not specifically has proven prescient. Recent Michigan Supreme Court decisions have followed this direction by reorienting the law of legal duty to general considerations of whether one owes any obligation to another, moving away from legal authorities that framed questions of legal duty in very specific terms. With legal duty framed in broad terms, specific actions or inactions of the defendant inform questions of breach, which the Supreme Court has invoked as a legal defense in three decisions. | |
Court of Appeals to Insurers: $250,000/$500,000 does not equal $50,000/$100,000 | |
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Tom Sinas
Sinas Dramis Law Firm
Email
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What is the state-mandated minimum amount of auto liability insurance coverage? This is a common question across the country that should be easy to answer. And before July 2020, the answer for Michigan was relatively straightforward: $20,000 per person/$40,000 per person. | |
First Named Insured, Named Insureds, Described Insureds, Additional Insureds, and Additional Named Insureds | |
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Rabih Hamawi
Law Office of Rabih Hamawi PC
Email
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This topic may sound simple, but like many insurance topics, it has a few wrinkles. Naturally, the question begins with what “insured” means in a policy, and why is it important.
The first step in the analysis is to review the Declarations Page (or formally known as the Common Policy Declarations) to determine who is the Named Insured. The Common Policy Declarations usually contains the following information:
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The Young Lawyers Committee is looking for promising young lawyers to submit articles to be featured in the E-Newsletter! This is a great opportunity for newer attorneys to get their name out there to members of the Negligence Law Section.
If you are interested, please contact the Young Lawyer Committee Co-Chairs:
Amanda P. Waske: AWaske@zausmer.com
Robbie Gaines: robbie@gaineslawyers.com
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Annual Meeting & Awards Reception Photos | |
We had a wonderful time during this year's Annual Meeting and handed out the awards. Check out the photos with the link below! | |
Young Lawyers Committee Co-Chair | |
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Amanda P. Waske
Zausmer, PC
Email
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Brian E. Fischer PLLC
Foster Swift Collins & Smith PC
Freid Gallagher Taylor & Associates PC
Garan Lucow Miller, PC
Gruel Mills Nims & Pylman PLLC
Jacobs and Diemer PC
Kitch Attorneys & Counselors, PC
Olsman, MacKenzie, Peacock & Wallace, P.C.
Riley & Hurley PC
Ringler Associates - Troy/Metro Detroit
Shafer Swartz, PLC
Sinas Dramis Law Firm
Smith Haughey Rice & Roegge PC
The Law Offices of Brian A. Robillard PLLC
Trickey Law PLLC
Ven Johnson Law
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Civility in Civil Litigation Webinar | |
For those who couldn't attend the live session with Dale Hebert, Amy Blackwell, and Chad Engelhardt, the full recording is available for viewing on the State Bar of Michigan Negligence Law Section YouTube channel, or by using the link below. | |
Supreme Court Decisions Webinar | |
For those who couldn't attend the live session with Tim Diemer, Beth Wittmann, and Donna MacKenzie, or wish to revisit the content, we are delighted to provide you with access to the recording with each case discussed timestamped. You can watch the webinar at your convenience by clicking on the following link: | |
Negligence Law Section Bylaws | |
View the bylaws of the Negligence Law Section of the State Bar of Michigan below, which were adopted at the 2023 Annual Meeting and Awards Reception. | |
New requirements for Michigan private practice attorneys became effective September 1, 2023. Read the Supreme Court Order here. Required information is being collected during the current license renewal process for the 2023-2024 Bar Year. | |
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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Be on the Lookout for Phishing Scams | |
- Emails may appear to come from the Section's leadership, but may be from scammers
- Always verify payments verbally before making them
- Once you have identified a scammer, alert us and delete it
- There is no harm in waiting
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Civility in the Courtroom | |
Civility is extremely important in our courts, and many of these courts have released court orders regarding civility guidelines. Click below to check them all! | |
- Act conscientiously and responsibly in your interactions with others.
- To the extent possible, always cooperate with others.
- Do not disparage or attack others.
- Treat others fairly and respectfully notwithstanding the fact you may have differing perspectives, viewpoints or politics.
- Always act in good faith.
- Always accord professional courtesy whenever reasonably possible.
- Seek to exemplify the best of our profession in all interactions with others.
- Do not act upon or exhibit bias toward others and seek to reasonably accommodate the needs of those who may require such accommodations.
- Strive to be the best version of yourself.
- Be patient with others and seek to follow the Golden Rule.
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State Bar Michigan Calendar of Events | |
Want to see what other events are going on in the State Bar? Check out the calendar below! | |
Negligence Section YouTube | |
Rule 21: Law Practice Succession Planning Webinar | |
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Negligence Law Section Council Members
Officers & Committees
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Chairperson
Timothy A. Diemer
Jacobs and Diemer PC
Vice Chair
Donna M. MacKenzie
Olsman MacKenzie Peacock & Wallace
Secretary
Mark A. Gilchrist
Smith Haughey Rice & Roegge PC
Treasurer
Debra A. Freid
Smith Haughey Rice & Roegge PC
Advisory Committee
Mark R. Granzotto
Mark Granzotto PC
James R. Bradley
Progressive Michigan Insurance Company
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Commissioner Liason
Thomas H. Howlett
The Googasian Firm PC
ABOTA Chapter Liaison
Cameron Getto
Zausmer PC
Amicus Committee
Jesse M. DePauw
Tanoury Nauts McKinney & Dwaihy
Mark R. Granzotto
Mark Granzotto PC
Young Lawyers Committee
Robbie Gaines
Gaines & Gaines PLC
Ex-Officio
Chad D. Engelhardt
Goethel Engelhardt PLLC
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Diana Lee Khachaturian
Law Offices of Diana Lee Khachaturian
Dora A. Brantley
Foster Swift Collins & Smith PC
Michael J. Behm
Behm & Behm PC
Jenna Wright Greenman
Kitch Attorneys & Counselors, PC
Deborah A. Lujan
Collins Einhorn ADR
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David P. Shafer
Shafer Swartz, PLC
Sarah S. Stempky-Kime
Christensen Law
Bryan J. Waldman
Sinas Dramis Law Firm
Ronald K. Weiner
Lipton Law
John W. Whitman
Garan Lucow Miller PC
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Advertise in the next Negligence Section Journal | |
The Neg Law E-Journal comes to you as a member benefit | | | | |
