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Mike Guss Obtains Summary Disposition For City Of Flint In Age Discrimination Law Suit; Donna Poplar -V- City Of Flint, Genesee County Circuit Court

In 2011, the City of Flint was facing a financial emergency. Thus, the State of Michigan appointed an Emergency Financial Manager. On the EFM’s first day in office, he discharged the plaintiff, along with six other employees, and replaced them with his own trusted advisors. Three months after she was […]

Mike Guss Obtains Summary Judgment For The City Of Flint In A Federal Civil Right Class Action Law Suit; Robert Garceau, Et. Al. -V- City Of Flint, Et. Al., United States District Court For The Eastern District Of Michigan

In late 2011, a large number of sergeants within the police force decided to retire. The former chief of police, relying upon the Personnel Rules and Regulations, decided to “provisionally” appoint 15 sergeants to temporarily fill the sergeant vacancies until a sergeants promotional exam could be created and administered. To compile a listing […]

Anne Mcardle Obtains Summary Judgment For Midland County Fairgrounds In Civil Rights Lawsuit; Lloyd Wilkerson -V- Midland County Agricultural And Horticultural Society D/B/A Midland County Fairgrounds, Midland County Circuit Court

Plaintiff was employed as the head of maintenance at the Midland County Fairgrounds and filed an age discrimination claim for violations of the ELCRA after he was terminated. Upon the close of discovery, we filed a motion for summary disposition arguing that plaintiff could not establish a prima facie case […]

Mike Guss Obtains Summary Disposition For Titan Insurance Company In First-Party No-Fault Suit Seeking Benefits For An “Innocent Third-Party”; Rita Foster, Et. Al. -V- Titan Insurance Company, Et. Al., Genesee County Circuit Court

In October 2015, Plaintiff, Rita Foster, brought suit against Titan Insurance Company and the Michigan Automobile Insurance Placement Facility, stemming from an automobile collision that occurred on September 5, 2014. Plaintiff sought PIP coverage under an insurance policy that was written issued to Vincent Millender. However, through discovery, it was […]

Mike Guss Obtains Summary Disposition For Hurley Medical Center In Slip And Fall; Marva Williams -V- Hurley Medical Center, Genesee County Circuit Court

Plaintiff brought suit against Hurley Medical Center stemming from a fall that occurred on Hurley’s premises. As Plaintiff entered the main lobby entrance, due to the weather conditions outside, she shuffled her feet on a rubber backed carpet runner in an effort to dry the soles of her shoes. As she shuffled […]

Michael F. Schmidt And Nate Peplinski Obtained Summary Disposition On A Claim For Injury At A Gymnastics Class

In Holly Leshinsky v Livonia Ultimate Gymnasticz, plaintiff sued in Wayne County Circuit Court for injuries incurred when she fell from a spotting block which was part of an obstacle course set up for a parkour class as part of family day activities at the defendant’s premises. After discovery, we filed […]

Michael F. Schmidt And Nate Peplinski Obtained Summary Disposition On First Party Property Loss Insurance Claim

Monica Ayala v Meemic Insurance Company, plaintiff sought reimbursement for damage to her home from water and sewage. After discovery including the deposition of the plaintiff, we filed a motion for summary disposition on the basis that coverage was excluded based on the plaintiff’s testimony and an affidavit from the […]

Michael F. Schmidt And Nate Peplinski Obtain Summary Disposition On Appeal Against Claim For Reimbursement Of Over $850,000 In No Fault Benefits Paid

Auto Owners Insurance Company v Integon National Insurance Company, Michigan Court of Appeals docket number 321396 (2015), Auto-Owners sought reimbursement from Integon of $838,610.48 in no fault benefits and $56,470.45 in legal expenses paid by Auto-Owners for catastrophic injuries incurred by Terry Dunn in a single vehicle accident while occupying […]

Mike Guss Obtains Summary Disposition On Medical Provider Claim; Procare Injury & Rehab Centers, Llc, (For Sher-Ron Lusane) -V- Titan Insurance Company, Royal Oak District Court

Procare Injury and Rehab Centers filed a lawsuit against Titan Insurance Company alleging entitlement to No-Fault provider expense benefits arising out of Procare’s alleged treatment to Sher-Ron Lusane who was allegedly involved in a motor vehicle collision. After Mr. and Mrs. Lusane’s EUO, we filed a motion for summary disposition […]

Michael F. Schmidt And Nate Peplinski Defeat Claims For Utpa Penalty Interest And Sanctions

Joseph G. Nickola, Personal Representative of the Estate of George and Thelma Nickola v MIC General Insurance Corporation, Mich App (2015), a claim for underinsured motorist benefits, following an arbitration award plaintiff sought recovery of sanctions for MIC’s denial of the initial request for arbitration and also sought UTPA penalty interest of […]