Anthony Caffrey and Thomas Cardelli report a major victory in Faran v Lapan, 2023 U.S. App. LEXIS 10458 * | 2023 FED App. 0201N (6th Cir.) | 2023 WL 3151093. The Sixth Circuit Court of Appeals recently affirmed the well-written opinion of Judge George Caram Steeh granting a motion to dismiss the case based on fabrication of evidence. This was a serous traffic accident matter involving one fatality to a minor child, where the mother also amended her Complaint to state a cause of action for a miscarriage allegedly caused by the accident. Despite same-day hospital records refuting the notion of a pregnancy, the trial court denied partial summary judgment based on a photograph of several positive pregnancy tests purporting to have been taken just before the accident. Later, the Cardelli defense team discovered that the “photos” were internet images that had been circulating for years, further doctored to reflect a new date. With this persistent investigation, as well as excellent drafting and oral arguments, the team of Caffrey and Cardelli were able to convince Judge Steeh to GRANT a motion to dismiss in a comprehensive and well-written opinion that rocked the legal community in southeastern Michigan. The Sixth Circuit Court of Appeals affirmed in a written opinion, and a petition for an en banc hearing was also denied. Plaintiffs were represented by the Mike Morse law firm, while Defendants were represented by Cardelli Lanfear PC, Anthony Caffrey and Thomas Cardelli.
Chase Allen Sixth Circuit Opinion
Chase Allen Order Denying Summary Judgment
Chase Allen Order Granting Motion to Dismiss
