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In A Published Decision The Michigan Court Of Apppeals Affirms Summary Dispostion For Dale Burmeister In A Case Raising Constitutional And Real Property Issues In A Dispute Between A Cable Operator And A Large Landowner

In Heydon v MediaOne, the Michigan Court of Appeals has affirmed in a published decision a variety of dispositive rulings involving a dispute between a large landowner and a cable television operator. The four major questions before the Court where 1) whether the Cable Communications Policy Act of 1984 violates the […]

Michael F. Schmidt Persuades A Federal Court To Grant Summary Judgment In Homeowner Misrepresentation Case

In Lacresia Nolan v Nationwide Mutual Fire Insurance Company, plaintiff filed suit seeking recovery for fire damage to her home insured by Nationwide for $161,000.  After completing discovery we moved for summary judgment on the basis that the policy of insurance was rescinded from its inception due to the plaintiff/insured’s misrepresentations in the application for […]

Michael F. Schmidt Victorious In Tree Stand Case In Federal Court For Bass Pro Shop

Hilaski v Bass Pro Shop, U. S. District Court for the Western District of Michigan, claim by the plaintiff for injuries including a fractured ankle resulting in surgery and internal fixation from falling from a tree stand which he claimed was improperly designed, manufactured and sold. We filed a motion for […]

Michael F. Schmidt Wins Motion For Summary Judgment In Construction Accident Case Removed To Federal Court

Thomas Craig v Walsh Construction Company of Illinois, U. S. District Court for the Eastern District of Michigan, plaintiff brought suit against Walsh Construction Company of Illinois as general contractor for injuries from a construction accident. Craig fell approximately 25 feet from shoring which was being dismantled by his employer’s […]

Michael F. Schmidt Persaudes Court To Reform Insurance Policy And Deny Enhanced Coverage As A Matter Of Law

Manier v MIC General Insurance Corporation, Washtenaw County Circuit Court.  Plaintiff filed suit seeking a declaratory judgment that MIC had improperly rescinded and reformed an auto liability insurance policy based on a misrepresentation in the application. The minor plaintiffs were all severely injured in an auto accident and sought recovery […]

Michael F. Schmidt Wins $10 Million Insurance Coverage Arbitration

Machining Enterprises, Inc. v Wausau Business Insurance Company, Oakland County Circuit Court number 04—056494—CK, claim by Machining Enterprises, Inc. for insurance coverage for underlying claims made against Machining Enterprises, Inc. (“MEI”) based on a General Motors recall, in which MEI sought in excess of $10,000,000 for indemnification and defense costs.  […]

Michael F. Schmidt Wins Underinsured Heart Attack Death Case And Saves Client $250,000

Jimmy Kasmikha, as Personal Representative of the Estate of Selma Kasmikha, Deceased v Integon National Insurance Company, Oakland County Circuit Court, plaintiff filed a claim for underinsured motorist benefits seeking the underinsured motorist limits of $250,000 as a result of an auto accident with an alleged underinsured motorist which allegedly […]

Michael F. Schmidt Wins Summary Disposition In Breach Of Contract And Bad Faith Action

Latta v Nationwide Property & Casualty Insurance Company and Kimberly Byrne, claim for bad faith and breach of contract seeking to enforce an alleged settlement agreement of an underlying claim by Chad Latta against a Nationwide insured, Glenwood Apartments, for an alleged premises injury claim. The plaintiff’s claim in the […]

Mike Guss Wins Defense Verdict In Paramedic Malpractice Death Case

Mike won a defense verdict in a two week paramedic malpractice wrongful death case, wherein the decedent’s survivors alleged that the decedent, after having sustained a fall and a C2 odontoid fracture, was mishandled by the paramedic and EMS crew, resulting in a shift and/or displacement of an odontoid fracture.  […]

Dennis Goebel Prevails In Death Case In Michigan Court Of Appeals

This is a wrongful death product liability case in which Vernon Wingard was caught between the end of a conveyor and fixed barrier guarding.  He was crushed to death.  The Estate claimed that the conveyor was negligently designed, was defective and was unreasonably dangerous.  The case was defended on the […]