Kelly Caplan

Rochester

Digital Editor at Michigan Lawyers Weekly

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Articles

Justices order argument in long-running premises liability case

Dec 6, 2024 | milawyersweekly.com | Kelly Caplan

The Michigan Supreme Court has ordered arguments to address whether a man who was injured while visiting a friend’s home that was under construction was a licensee or an invitee. Michael Radke suffered severe injuries when he fell through a large opening to the basement. There was no barrier around the opening; a subcontractor was going to install stairs, but had not yet done so.
Vicarious liability, ski shares spat on December argument agenda

Dec 2, 2024 | milawyersweekly.com | Kelly Caplan

Whether a pizza delivery driver’s employer escapes vicarious liability in a woman’s lawsuit and a sibling spat over ski shares are among the seven cases on the schedule for December arguments at the Michigan Supreme Court. The high court convenes at 9:30 a.m. on Wednesday, Dec. 4. Arguments will be heard in the Supreme Court courtroom on the 6th floor of the Michigan Hall of Justice in Lansing. Oral arguments also will be livestreamed from the high court’s website.
Justices decline to review reformation of military member’s auto insurance policy

Nov 22, 2024 | milawyersweekly.com | Kelly Caplan

A divided Michigan Supreme Court has declined to review a case involving reformation of a military member’s automobile insurance policy. Chief Justice Elizabeth T. Clement and Justice Brian K. Zahra would have granted leave to appeal. Justice Richard H. Bernstein did not participate due to a family member with an interest that could be affected by the proceeding. The Michigan Court of Appeals in Hahn v. Geico Indem.
High court majority partially vacates appeals court judgment in swamp drowning

Nov 15, 2024 | milawyersweekly.com | Kelly Caplan

A Michigan Supreme Court majority has vacated part of an appeals court judgment in an estate’s claim for wrongful death where the decedent drowned in a swamp on property where the defendant lived. In Farrar v. Misch (MiLW 08-107964), the Michigan Court of Appeals said in an unpublished decision that there was no dispute the decedent drowned in a swamp and a swamp is a condition of the land. As such, the plaintiff’s claim sounds in premises liability rather than ordinary negligence.
PIP reimbursement cases on agenda for November argument

Nov 8, 2024 | milawyersweekly.com | Kelly Caplan

A pair of cases involving counter-assignments and purchase agreement amendments for PIP reimbursement are among the half dozen on the schedule for November arguments at the Michigan Supreme Court. The high court convenes at 9:30 a.m. on Wednesday, Nov. 13. Arguments will be heard in the Supreme Court courtroom on the 6th floor of the Michigan Hall of Justice in Lansing. Oral arguments also will be livestreamed from the high court’s website.
Justices deny leave in parties’ land contract dispute

Nov 4, 2024 | milawyersweekly.com | Kelly Caplan

The state’s top court won’t review an appeals court ruling that reversed a lower court’s finding that the parties entered into a valid land contract for the sale of property via a lease with an option to purchase. In Veldkamp v. Ribble (MiLW 08-108038), Donald and Donna Ribble and Russell Veldkamp executed a “Lease with Purchase Option” regarding a property located at 11575 Winchester Drive in Shelbyville.
Michigan removes Upper Peninsula clerks from election duties over planned hand count

Oct 31, 2024 | milawyersweekly.com | Kelly Caplan

Two township clerks in the Upper Peninsula were removed from their election duties this week after they planned to hand count votes in Tuesday’s election, state officials said. Director of Elections Jonathan Brater said in a letter dated Monday that Rock River Clerk Tom Schierkolk and Deputy Clerk David LaMere intended to conduct a hand count prior to the county process of canvassing the results.
High court declines to review arbitrator’s award reinstating female trooper

Oct 31, 2024 | milawyersweekly.com | Kelly Caplan

The Michigan Supreme Court has declined to review an appeals court decision that enforced an arbitrator’s award requiring the Michigan State Police to reinstate a female trooper who was terminated after several male coworkers accused her of sexual assault. Last year, a Michigan Court of Appeals panel in Michigan Dep’t of State Police v. Michigan State Police Troopers Ass’n (MiLW 07-107544) reversed the Ingham County Circuit Court’s order that vacated the award.
Justices order argument in med-mal ostensible agency case

Oct 29, 2024 | milawyersweekly.com | Kelly Caplan

The Michigan Supreme Court has ordered argument in a long-running medical malpractice case between a patient and the hospital and independent contractor physician who treated her. Earlier this year, a divided Michigan Court of Appeals panel held in Markel v. William Beaumont Hosp. (MiLW 08-107572) that the trial court correctly awarded summary disposition to the defendant hospital.
‘Excessive’ sanctions case to be heard by high court

Oct 23, 2024 | milawyersweekly.com | Kelly Caplan

The Michigan Supreme Court has ordered oral argument in a case involving “excessive” sanctions for spoliated evidence. Earlier this year, a split panel of the Michigan Court of Appeals vacated a trial court’s order sanctioning a defendant for spoliation of evidence because the evidence was not material to the plaintiff’s lawsuit and the sanctions were disproportionate. In McDuffie v.