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COA "Curbs" Governmental Immunity Claim

In Sharp v City of Benton Harbor, the COA held that a curb comes within the definition of "a public highway, road, or street," for purposes of applying the highway exception to governmental immunity to municipalities.

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COA Publishes Prescription for Privacy

The COA issued a published opinion addressing application of federal law (HIPAA) and state law of physician-patient privilege to discovery requests for non-party patient information.

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The Kline Conflict - A Row over Rowland

In Kline v Dep't of Tranportation, the COA "begrudgingly" followed McCahan v Brennan, holding that the defendant was entitled to summary disposition where the plaintiff failed to comply with the notice provision.

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COA: No Seal of Approval for Sealing Court Orders

The Michigan COA held that MCR 8.119(F)(5) does not give a trial court the discretion to seal prior court orders. Jenson v Puste arose out of a 2006 divorce case where the plaintiff wife obtained a PPO against her ex-husband.

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MSC Declines to 86 Nix When Prosecution Harbored Error at Trial

In People v Szalma, the Michigan SCT held that a case for a new trial would subject a defendant to double jeopardy where the trial court had already determined that the prosecutor failed to present sufficient evidence to convict and granted a directed verdict of acquittal.

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Why a COA Opinion is Forcing Me to Change Insurance Companies

Some auto insurance companies include an exclusion that lowers the amount the insured can recover for bodily injury if the injured person is a family member. The exclusion is known as the "family drop down" and it was at issue in Ruzak v USAA Insurance Agency.

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