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Michigan Law

Legal News

FILE MOTIONS IN LIMINE AND DON’T GET EATEN BY THE REPTILE

A Motion in Limine is a pretrial request asking a trial court to limit or exclude certain evidence from being presented to the jury. Attorneys and litigants tend to overlook the importance of filing these motions. They are either constrained by clients who want to minimize legal expenses, or are without sufficient resources to do the work necessary to research, draft, file and argue the motions. These things take time. This article discusses the failure to take that time.

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IS A CLAIM COVERED? LOOK BEYOND THE OBVIOUS

Every insurance adjuster is taught to first determine whether a claim is covered under the policy. The basics are to look at the date of loss, look at the dates of insurance coverage, look at the named insured, determine whether the defendant is an insured under the policy, by applicable statute, or common law.  But how often do insurance examiners adjusters miss the more nuanced coverage issues?

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Michigan Supreme Court Does Away with Open and Obvious Rule

In the recent Michigan Supreme Court decision in Kandil-Elsayed v F & E Oil, Inc. the Court reversed (abrogated) the open and obvious doctrine concluding that whether a defective condition was open and obvious would weigh against a claimant’s comparative negligence and not immediately bar the claim. This is a monumental change and will undoubtedly open the flood gates for new trip/slip and fall cases.

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