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Michael F. Schmidt Obtains Summary Judgment In Parking Lot Construction Defect Case

Tanger Grand Rapids, LLC v Rockford Construction Company, Materials Testing Consultants, Inc., Nederveld, Inc., Michigan Paving Materials Company and Kamminga & Roodvoets, Inc., 2023 Wl 3000428; 2023 U.S. Dist. LEXIS 68882 (WD Mich, 2023).  Claim by plaintiff Tanger Grand Rapids, LLC seeking to recover damages for alleged degradation and failure […]

Proposed Michigan Insurance “Bill of Rights” Imposes Significant Burdens on Insurers

Proposed Michigan Insurance “Bill of Rights” Imposes Significant Burdens on Insurers

A new bill has been proposed in the Michigan Senate to create a “Bill of Rights” for insureds. This bill applies to all insurance policies, other than health insurance policies, and also applies to the handling of claims under insurance policies. The bill outlines various responsibilities and duties of an […]

Changes Coming to the Open and Obvious Defense in Michigan?

Changes Coming to the Open and Obvious Defense in Michigan?

Since the Michigan Supreme Court decision in Lugo v Ameritech Corp Inc, 464 Mich 512; 629 NW2d 384 (2001), Michigan courts have allowed defendants in premises cases to argue the open and obvious defense. This defense acts as a complete bar to a premises liability claim where the premises’ condition […]

Harvey Kruse Names David B. Roth Shareholder

Harvey Kruse Names David B. Roth Shareholder

Harvey Kruse, P.C. is pleased to announce that David B. Roth has been named shareholder. Dave Roth is an experienced litigator in Michigan and Federal courts who delivers favorable results for his clients. His practice encompasses the defense of civil matters including employment claims such as those brought under the […]

Caps on Noneconomic Damages for 2023

The Michigan Department of Treasury announced on January 31, 2023, that the 2023 cap on noneconomic damages in product liability cases where the product did not cause death or permanent loss of a vital bodily function is $537,900 (an increase of $40,900 compared to 2022). The indexed cap in cases involving […]

Should CPA Firms and Others Pay Their Employees Overtime?

Should CPA Firms and Others Pay Their Employees Overtime?

Companies are facing a complex employment landscape. From the recent job-hopping trends and an overall smaller workforce pool, staffing has never been more challenging. Sometimes, employers must choose between paying employees overtime or hiring contract workers to help bridge their staffing gap. But what are CPA firms’ choices? Dale Burmeister, […]

Harvey Kruse President Michael F. Schmidt Selected to the Michigan Lawyers Weekly’s 2023 “Hall of Fame” Class

Harvey Kruse President Michael F. Schmidt Selected to the Michigan Lawyers Weekly’s 2023 “Hall of Fame” Class

We are pleased to announce that Harvey Kruse President Michael F. Schmidt has been selected to the Michigan Lawyers Weekly’s 2023 “Hall of Fame” class. “The Hall of Fame program recognizes Michigan’s legal leaders who are over the age of 60 or who have been in practice for 30 years […]

MAIPF Claim Doesn’t Toll One-Year Statute of Limitations for Personal Injury Protection Insurance Claims

MAIPF Claim Doesn’t Toll One-Year Statute of Limitations for Personal Injury Protection Insurance Claims

In most Michigan car accidents, the drivers act responsibly, remaining on the scene and exchanging insurance and contact information. In such cases, identifying applicable personal injury protection (“PIP”) insurance coverage for injuries and losses and pursuing a timely claim against the insurer is relatively straightforward. But in hit-and-run accidents and […]

Michael F. Schmidt Obtains Reversal of Court of Appeals Decision by the Michigan Supreme Court

Meemic Insurance Company v Jones, ___ Mich ___, (Supreme Court Docket No. 161865, June 14, 2022).  The court made important rulings on issues of rescission and subrogation.  The case involved a homeowner policy which was rescinded due to misrepresentations made by the insured in the application.  The policy contained a […]

Michael F. Schmidt Obtains Summary Judgment in US District Court Rescinding Insurance Policy for Misrepresentation in The Application and Allowing Insurer to Obtain Reimbursement of Defense Costs

Security National Insurance Company v Salient Landscaping, Inc., et al., 2022 U.S. Dist. LEXIS 194971; 2022 WL 15088848 (ED Mich, 2022).  We filed a declaratory complaint that the policy of insurance issued by Security National Insurance Company to Salient Landscaping, Inc. should be rescinded based on a material misrepresentation made […]