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A Better Partnership

August 2010

Aug 2010
25
August 25, 2010

Complaint filed in COA to bar "fake Tea Party" candidates from the ballot

As reported in today's Detroit Free Press, a group of Republican candidates and Tea Party activists have filed suit in the Michigan Court of Appeals to keep candidates from appearing on the ballot whom the plaintiffs claim represent a phony Tea Party formed by Mark Steffek, a retired UAW work

Aug 2010
14
August 14, 2010

COA Opinion: Mental-health professionals breached duty of care to patient by failing to protect her from former patient with whom she had been in group therapy

The Michigan Court of Appeals published its per curiam opinion on August 12, 2010 in Dawe v. Dr. Reuvan Bar-Levav & Assocs., P.C., No. 269147, on remand from the Michigan Supreme Court. The Supreme Court reversed the Court of Appeals' original opinion and held that a patient may pursue a common-law, medical-malpractice claim against her treating mental-health

Aug 2010
11
August 11, 2010

COA Opinion: Court of Claims has exclulsive jurisdiction in any action to recover monetary damages arising from an alleged failure to provide notice of tax foreclosure, even when such action is again

On August 10, 2010, the Court of Appeals published its per curiam opinion in River Investment Group, LLC v. Casab, No. 290645. In this case, the Wayne County Treasurer foreclosed on plaintiff's property and sold that property to defendant. Plaintiff initiated an action in circuit court for damages against defendant based on alleged improvements pla

Aug 2010
10
August 10, 2010

COA Opinion: The apex-deposition rule applies to corporate and government defendants

In Alberto v. Toyota Motor Corp., No. 296824 (published Aug. 5, 2010), the Court of Appeals adopted, in a divided opinion, the apex-deposition rule. The apex-deposition rule provides that before a plaintiff may take the deposition of a high-ranking or "apex" government official or corporate officer, the plaintiff must demonstrate (1) that the govern

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