Where a Plaintiff files a bankruptcy action and later files a personal injury lawsuit based on a pre-bankruptcy incident, the failure to disclose the personal injury claim on the bankruptcy petition will preclude the personal injury lawsuit based upon the defense of Judicial Estoppel. In Hernandez v. Atlas Roofing Company, the trial court granted ruled […]
Appellate
Cardelli Lanfear has won a significant appeal, reversing a trial court decision that allowed a City of Detroit to (a) operate a bus system, making it liable for first-party benefits owed to a passenger; (b) self-insure, rather than incur the expense of securing insurance for first-party benefits; and (c) pass along its obligation to pay […]
The appellate team of Cardelli Lanfear wanted to provide an update regarding the general timing trends for civil cases in the Michigan Court of Appeals. Based on information provided by the Court for 2018, the following average timelines are notable: Approximately 6 months to complete briefing in an appeal (from the date of filing). After […]
Cardelli Lanfear is pleased to report that the Michigan Court of Appeals has upheld a trial court ruling granting summary disposition to a firm client. In Griffin v Swartz Ambulance Services, the plaintiff was injured in an automobile accident. While being transferred to the emergency room by the firm’s client’s ambulance, there was a second […]
The firm is pleased to report that the Michigan Court of Appeals has reversed a trial court order granting summary disposition against a crossclaim for indemnification filed by one of its clients. In Jackson v. Spartan Barricading, the plaintiff sued a firm client, alleging negligence in the supplying of a road construction sign to her […]
The law firm of Cardelli Lanfear, P.C. prevailed fully on appeal in a recent case of Smail v Mercedes-Benz, USA. In Smail, the plaintiff alleged injuries after tripping over a clear plastic barrier at the Mercedes-Benz exhibit at the Detroit Auto Show. The plaintiff alleged that Mercedes-Benz was liable in premises liability, but sought and […]
In a recent Michigan Court of Appeals case of Giammarco v Diverse Facility Solutions, the law firm of Cardelli Lanfear, P.C., with the assistance of Lewis Johs Avallone Aviles, LLP, obtained an affirmance of the summary judgment entered in Diverse Facility Solutions’ favor. The Giammarco case involved a slip and fall at the Detroit Metropolitan […]
The Michigan Court of Appeals affirmed a trial court’s decision to grant summary disposition to a Cardelli Lanfear client. See Giammarco Opinion. In this case, the plaintiff was allegedly injured following a slip and fall at the Detroit Metropolitan Airport. The plaintiff sued our client in tort, claiming a duty with respect to maintenance of […]
