Articles Posted in Other Stuff

If you get hit by a drunk driver and break your arm or leg, do you think you should be able to sue the drunk who caused the accident, even if you make a good recovery?

If you get in a car accident but only miss three months of work, or a few semesters of school think you should be able to recover from the at-fault driver?

Not in Michigan, Not anymore. Why not? Because Cliff Taylor says so, that’s why.

If the City plows the snow off the street and blocks the sidewalk and a child who is forced off the sidewalk is hit by a car and killed, do you think the City has any responsibility?

Not in Michigan, not anymore. Why not? Because Cliff Taylor says so, that’s why.

In the case of Chantelle Buckner v City of Lansing, 480 Mich 1243 (2008) Justice Taylor’s court told the dead child’s family that the City of Lansing had no responsibility for plowing the snow off the street and blocking the sidewalk forcing the children into the street where she was struck and killed.

Think a landlord has a duty to fix the electrical wiring in a home.

What about if the tenant repeatedly tells the landlord that the electrical outlet sparks and smokes.

What if the landlord ignores the tenants repeated complaints and there is a fire which results in the death of six children? Think the family should be able to file a lawsuit?

If your loved one dies as a result of bad medical care, but lives for more than two years, do you think you can still sue the doctor who provided the poor care?

Not in Michigan. Not anymore

The Taylor led supreme court in Wickens v Oakwood Healthcare System, 465 Mich 53 (2001) changed well established law and held that a person cannot sue for the loss of an opportunity to survive until after they die, and they must die within the two year statute of limitations or the person’s heirs will be denied court access.

Think you should be able to sue a rapist no matter how long it takes to catch him?

Think gender based discrimination is actionable?

Think your employer has an ongoing responsibility to prevent sexual harassment in the workplace?

Think a store owner has any responsibility to maintain their premises?

To fix a pothole?

To shovel the snow? To spread salt on the ice?

This Blog is normally devoted to issues surrounding long term disability insurance and other related issues. However, in case you haven’t noticed we have an election just around the corner and I want to try to provide some information to the public about the state of the law in Michigan and in particular how one judge up for reelection has affected the legal landscape. I hope to post new enties regularly as we approach election day.

Michigan Supreme Court Justice Cliff Taylor, who is up for reelection, has repeatedly turned the law on its head to the benefit of insurance companies and big business at the expense of the average Michigan citizen. Following is one example.

JUSTICE TAYLOR EVISCERATES ENVIRONMENTAL LAWS

Patrick Derkacz, an attorney and partner with the firm attended the 11th National Advanced Forum on Litigating Disability Insurance Claims which was held in Boston. The conference provided an opportunity to hear from industry insiders on the latest trends involving Long Term Disability Insurance Claims.

The three day conference included presentations from various respected advocates on a range of topics including developing discovery strategies to expand the record and an in-depth discussion about the pending Supreme Court opinion in Metlife v Glenn.

Counsel were able to share various litigation tips and strategies that have proven effective in an effort to increase the likelihood of a favorable outcome and increase the amount of each recovery.

In a recent study by the University of Chicago School of Law, the Michigan Supreme Court was ranked dead last in Independence. The academic study determined that the justices on this court (including Taylor, Markman, Young and Corrigan) demonstrated the least ability of the hundreds of state supreme court judges to withstand partisan pressures.

The results of this study come as no surprise to attorneys actively practicing in Michigan. These justices have consistently ruled in favor of the insurance companies, the chamber of commerce and the corporations who fund their reelection campaigns. This Court has overturned more cases faster than any other court in memory.