MAJ NEWSROOM

Celebrate MAJ’s rich past, present, and future with the 75th Anniversary Commemorative Book complete with the words and memories of over 50 past presidents as well as photos, essays, and historical highlights. Download your permanent record of MAJ’s history today! 

MAJ is proud to endorse these accomplished jurists for MI Supreme Court, MI Court of Appeals, and local courts:

Chief Justice Bridget Mary McCormack - Michigan Supreme Court;

Attorney Elizabeth Welch - Michigan Supreme Court;

Judge Michelle M. Rick - Michigan Court of Appeals - Fourth District;

Judge Kameshia D. Gant - 6th Circuit Court; and, 

Judge Alyia Hakim - 39th District Court 

"Throughout their careers, each has demonstrated a commitment to a fair and open civil justice system that protects people and allows those who have been harmed or wronged to seek justice," MAJ President Donna MacKenzie said.  "They represent the highest standards of the legal profession, and we urge voters to seat them on the bench this November."

Developed by MAJ Executive Board Member Marla Linderman, Linderman Law PLLC, the COVID-19 Plan Template and Forms Guide provides Michigan businesses with the tools to create a company-specific Covid-19 reopening response plan as required by Executive Order No. 2020-114.

Unlike the "kits" developed by other organizations that just provide general information, the COVID-19 Plan Template and Forms Guide offers a ready-to-use business reopening plan -- saving you hours of work! 

In addition, electronic and fillable versions of the forms and checklists contained in the guide are available for purchase. 

Preview the table of contents here. 

COVID-19 Plan Template and Forms Guide
MAJ Member Rate $200

Electronic and Fillable Forms
MAJ Member Rate $15 

Click here to order the guide. 

SB 899 would dramatically expand immunity protections medical professionals and facilities are granted under the state's Emergency Management Act. The bill would be retroactive to March 10, 2020 and remain in effect for the duration of the COVID-19 state of emergency or state of disaster or through September 30, 2020, whichever is later. 

The bill passed the Senate on May 7, 2020 25-13. Senate Republicans defeated two Democratic amendments that would have narrowly tailored the immunity to medical professionals who are specifically working with COVID-19 patients and allowed for legal complaints against discrimination, respectively. 

MAJ is opposed to the bill and working to stop or mitigate it in the House. The bill is currently in the House Judiciary Committee and has had two hearings. Language in SB 899 is overly broad and could apply immunity protections to non COVID-19 cases. The bill’s provisions specifically immunize hospitals and other health care providers for failure to provide adequate personal protection equipment, not merely with regard to employees (who might be able to receive workers compensation), but for patients, family members, visitor, or other persons.

Together with the State Bar of Michigan and other stakeholders, MAJ has developed a set of guidelines for Michigan lawyers and law firms to reopen offices. 

MAJ, along with the Criminal Defense Association of Michigan, Detroit Bar Association, Grand Rapids Bar Association, Grand Traverse Leelanau Antrim Bar Association, Saginaw County Bar Association, Oakland County Bar Association, Macomb County Bar Association, and Washtenaw County Bar Association, are urging Governor Whitmer to add legal services to the list of essential critical infrastructure businesses and to reopen law offices.

How would you feel if you worked for the same employer for 15 years and never got a raise?

Unfortunately, for the men and women we elect to serve us on the Michigan Supreme Court, this is their reality. The salary for a justice has been frozen since 2002.

I recently came across a Mackinac Center for Public Policy blog, “State Should Review Supreme Court Pay.” Now, rarely are MAJ and the Mackinac Center on the same side of an issue, but this happens to be the exception.

Prior to 2002, the State Officers Compensation Commission—the public body that recommends salary rates for certain public officials—determined justices’ pay. Voters passed a constitutional amendment that year requiring legislative approval of future salary recommendations for justices made by the compensation commission. For past 15 years, the commission has repeatedly called for pay increases. Each time, the legislature has refused.

The 15-year salary freeze is the longest such freeze in the nation. Over that time, compensation for federal judges has kept pace with inflation and continues to rise with the cost of living. The way the system is set up in Michigan, judges in lower courts may soon make more than Michigan Supreme Court justices.

If this trend continues, it will be increasingly more difficult to encourage qualified candidates to run for the Michigan Supreme Court and keep experienced justices from leaving the bench for more lucrative opportunities elsewhere.

The amount of money a justice makes may sound trivial to some. But put yourself in their robe. Would you accept a job or stick with an employer knowing your salary could stay the same for 15 years or longer?

It’s time for the legislature to do the right thing.  Heed to the recommendation of the commission and give our Michigan Supreme Court justices a long overdue raise.

As we speak, many Americans are panicking over the current Ebola case in Texas.  While Ebola is a horrifying disease and one that should not be taken lightly, we should look at how it got here and why.  For those that work in the medical negligence community it should come as no surprise that Texas would be ground zero for a potential deadly outbreak.  Our friends at The Pop Tort explain why:

Thanks to the state’s severe “cap” on compensation and other restrictions on patients’ legal rights, cases involving medical malpractice in emergency rooms have been knocked out almost completely, making Texas ER’s some of the most dangerous in the country.  “’What Texans don’t know is that their Legislature has mandated a very low standard of care — almost no care,’ says Brant Mittler, a Duke University-educated cardiologist in San Antonio who added malpractice law to his resume in 2001.’”

Read the entire article “Ebola: The Latest Texas Medical Negligence Nightmare,” to get the full case as to why medical malpractice caps and emergency room immunity are significant risks to public health. Before you head over there we’ll leave you with this important statistic:

Let’s begin with this one: “Between 210,000 and 440,000 patients each year who go to the hospital for care suffer some type of preventable harm that contributes to their death.… That would make medical errors the third-leading cause of death in America, behind heart disease, which is the first, and cancer, which is second.”

While Ebola may be scary, bad doctors are much more likely to kill you.

With the recent events that have left many residents in Southeast Michigan dealing with catastrophic damages to their homes due to rain water and sewer backups it is important to know your rights. MAJ member Steve Liddle of Macuga, Liddle & Dubin, P.C in Detroit has put together 9 steps to help deal with basement flooding damage.  Steve Liddle specializes in cases involving sewage backups, air pollution and consumer fraud.

Remember, your homeowners insurance probably doesn’t cover sewer damage, how you handle the next few days will have a big impact on whether you’ll get help paying for the damages or not.

1.    Contact the governmental agency that maintains your sewers. Not only does this alert the government that there is a problem with its sewers, but it also may preserve your ability to seek compensation. Many states require a written notice of the event be filed with the responsible governmental agency in order to preserve the right to recovery.

For example, Michigan basement flooding victims must file a written Notice of Claim with the responsible governments within 45 days from the date the basement flooding was discovered. If you do not file your notice within that time period, you may be barred from seeking damages for your basement flood.

2.    Contact your homeowner’s insurance company. If you make an insurance claim, keep all the records associated with the claim along with copies of your homeowner’s insurance policy.

3.    Photograph and videotape the damage to your home. Use a camera to take pictures and/or video of the current flood damage to your home and your property. Make sure to photograph high value items that were damaged.

4.    Make a timeline of the flooding event as it happens. Write down details of the flooding event as they occur, such as when you first discovered the water coming in, how long water was in your house, how deep the water was, what color the water was, and what did the water smell like. This information can be helpful in determining the cause of your flooding.

5.    Make a list of the personal and real property which has been damaged. If known, write down the approximate market value of the damaged property. If you wait too long to document the information, you may not remember everything that has been damaged.

6.    Obtain a written estimate to repair the damages to your real property. Real property loss includes damages to your paneling, drywall, tile, drop ceiling, carpeting, etc. This should be done even if you do not have the financial ability to pay for the repairs at that time.

7.    Keep track of your flood clean up. Keep all receipts related to cleaning of your house, including ones from commercial cleaning services and your personal cleaning supplies. Also, keep track of the amount of time that you spend cleaning.

8.    Seek legal assistance. Hiring an attorney is an important decision especially in basement flooding claims. Basement flooding claims involve complex issues of hydraulics, hydrology, engineering and governmental immunity. Hiring an attorney with significant experience in representing flood victims helps to effectively overcome those complex issues.

9.    Keep copies of your flood damage documentation. These documents include receipts, pictures, videos, insurance documents, estimates, insurance policies. You should also make copies of all correspondence that you have made or received from your local government regarding the flooding. Finally, it is important to keep all of your flood damage documentation in a safe place.

– See more at: http://mldclassaction.com/steps-to-protect-your-right-to-recovery-for-basement-flooding-damages/#sthash.ec3W7POK.dpuf

We here at the Michigan Association for Justice know that basement flooding can be a very traumatic experience.  Please call an MAJ member near you to get help working through this process. 

Last year, MAJ member Kassem Dakhlallah, a senior partner at the AT Law Group, PLLC in Dearborn, wrote a great article about your rights when it comes to a sewer backup.  Most likely your homeowners insurance won’t cover it so it is important to know what your options are.

In order to receive compensation for a sewage disposal system event, a claimant must notify the governmental agency of a claim of damage, in writing within, 45 days after the date the damage was discovered, or in the exercise of reasonable diligence should have been discovered. However, a claimant’s failure to comply with the notice requirements does not bar the claimant from bringing a civil action against a governmental agency whose contacting agency was notified orally or in writing of an event before providing the requisite notice of a claim if the claimant can show that: (1) the claimant notified the contacting agency during the 45-day notice period; and (2) the claimant’s failure to comply with the notice requirements resulted from the contacting agency’s failure to comply with its duties to provide information regarding the notice requirements.

View the entire article at The Arab American News.