Every client and every case is unique. The following summaries are examples of a few of the problems Mr. Zelenock has assisted clients with solving successfully. Your case or legal problem is also unique, and arises out of unique facts and circumstances. Your results will depend on the facts of your case and the legal principles that apply to your unique situation. These illustrations are intended to help you understand some of the complex issues that can arise in civil litigation and insurance coverage disputes. They are not intended to imply that all cases are equally successful.
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Recent Results for Clients
- Car Crash Injuries $1.2 Million+
- Wrongful Employment Termination - $500,000+
- No Fault Insurance Litigation - $340,000+
- Defective Machine Breaks Ankle - $300,000+
Client Success Stories
- Business Law
- Contracts and Property
- Employment Law
- Government Regulation
- Health Care
- Personal Injury and Accident Law
- Premises Liability
- Sexual Harassment
- Short Term and Long Term Disability Insurance
- Veteran's Rights
- Wrongful Death
- Wrongful Termination
PERSONAL INJURY AND ACCIDENT LAW SUCCESS STORIES
Personal Injury Accident Law
Recent Win #1
A woman was very badly injured in a motor vehicle accident on December 11, 2016. As a result, she required around-the-clock 24/7. Her injuries were severe and catastrophic, including a traumatic brain injury. Subsequently, insurance industry lobbyist groups convinced the Michigan legislature to enact significant revisions to the no-fault statute, which arguably would retroactively reduce the amount of no-fault benefits available to a severely injured person who needed round-the-clock care, even though the person bought her policy and suffered her injuries before the new law.
The firm assisted the woman’s husband with monitoring the appellate court landscape to see if there was a good decision for claimants in the works. Fortunately, the Court of Appeals decided a case entitled Andary v USAA Casualty Insurance Company, Case No. 356487 (August 25, 2022), which assisted in strengthening the potential legal claims of severely injured people by holding that the legislature’s revisions to the no-fault statute would not be applied retroactively to people who were injured before the new, more restrictive law was enacted. This was good news for the severely injured woman in her husband, who faced devastating injuries and also huge expenses for catastrophic care without the protection of the no-fault statute. The appellate court’s decision in the Andary v USAA Casualty case litigation is ongoing currently, and in fact, the insurers have taken an appeal to the Supreme Court. The firm is assisting the woman and her husband with litigation to recover the insurance benefits to which they are entitled under the No Fault statute and the Andary v USAA case.
Recent Win #2
A young mother was injured in a car accident, which was not her fault. The Firm assisted her successfully with a claim for first-party No Fault insurance benefits, so that her medical bills and wage losses were paid promptly. Also, the Firm made a negligence claim against the at-fault driver who caused the accident and obtained a separate $90,000 settlement for her benefit.
Recent Win #3
A motorist was driving her car on Old Mission Peninsula toward Traverse City, when another car suddenly crossed the centerline and hit her head-on. Both vehicles were destroyed as a result of the force of the accident. The woman suffered multiple soft tissue and abdominal injuries, as well as being emotionally traumatized by the accident. The firm assisted with litigation against the at-fault driver. A successful resolution was reached to provide appropriate financial compensation for her injuries.
Personal Injury and Insurance Law
A young woman was a passenger in a car when she was rear-ended at fairly high speed by an inattentive driver. Unfortunately, the no-fault insurer responsible for her first-party personal injury protection benefits withheld payments of some of her claims, particularly her wage loss benefits because she had been unemployed during a portion of the pandemic. However, the Michigan No-Fault Act permits the claimant to recover PIP work loss benefits when he or she is “temporarily unemployed” (MCL 500.3107a) and the firm assisted the woman in getting her claim efficiently processed and paid in full.
Personal Injury: Motor Vehicle Accident
A retired woman was walking through a restaurant parking lot in Ludington, when she was struck by a minivan. She sustained serious leg fractures, and the firm made efforts to resolve her claims with the insurance company before filing suit. However, the case could not be settled pre-suit, and significant discovery and litigation work was done to assist the woman and her husband in recovering a fair settlement. The client’s medical bills and household services were paid in full, and an additional $250,000-plus was recovered to compensate for her pain and suffering.
Personal Injury and Insurance Law
The firm assisted a medical transport company, when it was sued over an accident caused by another driver. The case involved a number of unusual circumstances including the bankruptcy of an insurance company, which had to be dealt with through some unusual procedures. The Michigan Property & Casualty Guaranty Association is an unincorporated association of all insurance companies authorized to transact business in Michigan, and there is a state statute providing definitions of “covered claims” in the event of the bankruptcy of an insurer authorized to do business in Michigan. See, e.g., MCL 500.7925
Personal Injury and Contract Law
A woman suffered significant property loss in a motor vehicle accident, but the insurer refused to pay for her property losses. The firm assisted in recovering the full amount permitted under the statute in a prompt manner.
Personal Injury No-Fault Law
A young mother was injured in a motor vehicle accident that occurred during the Covid pandemic. The insurance company refused to pay a number of No-Fault personal injury protection (“PIP”) benefits, including her wage loss, when it failed to realize that she was “temporarily unemployed” do to the Covid crisis. The No-Fault Act, MCL 500.3107a, requires payment of work loss benefits for an injured person who is “temporarily unemployed” at the time of their accident. Suit was filed for the client in circuit court to rectify the insurer’s mistakes.
Personal injury Accident Law
The No-Fault Act was amended recently, and significant appellant litigation is underway to determine whether those statutory amendments will be “retroactive” or not. The firm is assisting a family with a very seriously injured woman, who requires round-the-clock care. The insurance company argues her rights were impacted (and substantially reduced) by the amendments, even though she bought her policy years before the statutory amendments and her accident occurred years before the statutory amendments. A lot of careful documentation and legal research was done to best preserve the woman’s rights to the care that she desperately needs, and litigation is ongoing to protect her rights.
Personal Injury and Accident Law -- No-Fault Insurance
The firm recently assisted a client litigate a claim for no-fault insurance benefits. After a fatal vehicle accident, the No-Fault insurance company failed to make proper payment of survivor’s loss benefits to the decedent’s survivors. The firm assisted with preparing and litigating the client’s rights to insurance benefits. The firm recovered more than $120,000 in overdue benefits for the client.
Personal Injury -- Accident Law
A young woman was injured in a car accident in Southwest Michigan (Ottawa County). She was stopped in the right lane of travel on the highway, when another driver carelessly rear-ended her. The force of the impact pushed her vehicle into a guardrail. Unfortunately, the young woman suffered a traumatic brain injury with post-concussion syndrome, in addition to neck and back injuries. The firm successfully litigated a claim against the at-fault driver, the vehicle’s owner and their insurance company. A fair settlement was reached during the litigation.
Personal Injury -- Accident Law
The firm assisted a widow in recovering no-fault survivor’s loss benefits due to a commercial truck accident. The widow’s husband was a truck driver for a commercial operation and died as a result of a freeway accident. After his death, the various insurers involved attempted to limit the widow’s survivor’s loss benefits to benefits that were payable under the Worker’s Compensation Insurance system. However, because this was also a motor vehicle accident, the widow was also entitled to additional benefits under the no-fault insurance system. After some surprisingly difficult exchanges with the insurers and corporations involved, the firm was ultimately able to get the no-fault benefits paid.
Personal injury – Accident Law
A public employee was injured and unable to work, so he pursued the short-term disability and long-term disability insurance coverages he had through his employer. Unfortunately, the insurance company miscalculated his benefits and then asked for a large repayment or recoupment of tens of thousands of dollars in insurance benefits they claimed they had “overpaid.” The firm assisted the disabled employee with filing an administrative appeal to seek equitable relief from the consequences of insurer’s own mistakes.
Personal injury – Accident Law
A woman was injured when she was rear-ended by a tourist, who was not paying attention to the road while “making a Meijer run” for supplies. As a result, she needed medical care and also assistance from her daughter to keep her small business running. The firm assisted the woman and her daughter in making a claim for no-fault insurance benefits to allow her to get the medical care she needed, as well as assistance in keeping her small business open and running. The case was litigated and then resolved on reasonable terms.
Personal injury – Accident Law
A woman was injured in a serious rollover motor vehicle accident in 2003. Her insurer paid no-fault personal injury protection benefits for years as a result of her serious injuries, but then began challenging some of her regular medical care appointments and transportation costs. The firm assisted the injured woman with several rounds of litigation and an appropriate substantial settlement with the insurer.
Personal Injury – Dog Bite
The firm assisted a dog bite victim, who was bitten by a neighbor’s dog while he was out walking his own dog through the neighborhood. Thankfully his injuries were not serious; Michigan law provides for strict liability of a dog owner in many circumstances, and the dog bite statute assisted the firm and the client in reaching a quick and reasonable resolution with the dog owner’s insurance company.
Personal Injury and Accident Law
A woman was broadsided in an automobile and Wexford County and suffered a number of injuries. She also had significant “pre-existing conditions” that led the insurer to attempt to deny her claims. The firm assisted her with litigating and reaching a fair settlement for her injury claims.
Personal Injury -Auto Accident – No Fault Insurance Law
A young women was driving a pickup truck in snowy conditions in Leelanau County. The truck fishtailed, and she spun off the road, with the truck flipping over. She sustained multiple injuries requiring extensive medical care. Her No Fault insurer paid some of her bills, but then cut-off insurance benefits before she recovered completely. The firm filed suit against the insurer and the PIP benefits were paid.
Personal Injury -Auto Accident – No Fault Insurance Law
An employee was driving her own vehicle for work, when she was rear-ended. She sustained injuries requiring extensive prolonged time off of work and significant medical care. Her No Fault insurer refused to pay any of her wage loss or medical bills. The firm provided advice to the client, and then filed suit against the insurer for the unpaid No Fault PIP benefits.
Personal Injury and Accident Law – No Fault Insurance
A client needed help resolving a long-standing no-fault PIP insurance benefit claim. The firm negotiated a resolution with the insurance company to the client’s satisfaction.
Personal Injury and Accident Law
The firm recently assisted a client with filing extensive appellate briefing in the Michigan Supreme Court addressing issues of slander/libel law. The case raises important issues of media law and statutory construction for review and decision by the Michigan Supreme Court.
Personal Injury and Accident Law
A client was rear-ended at low speed by a commercial vehicle and sustained aggravation of prior back injuries. The firm assisted in litigating and settling the claims against the trucker and his commercial insurance company.
Personal Injury Law – Insurance Law – Construction Accident
The firm assisted a young man who suffered several bone fractures in his foot while working on a construction site recover a $350,000 settlement. Interestingly, the client had been told by another law firm that advertises extensively on television that he “had no case,” before he called our firm. This shows the importance of careful and thorough factual investigation and legal analysis, in evaluating a potential legal claim.
Personal Injury and Accident Law – No-Fault Insurance Law
A client needed help with the long-standing no-fault PIP insurance benefit claim. The firm filed suit in local court and assisted the client in reaching a resolution of her claims with her insurance company to her satisfaction.
Personal Injury – Defective Shots
The firm assisted a disabled veteran who suffered additional injuries as a result of receiving contaminated steroid shot injections which were made and distributed by a New Jersey pharmaceutical company. As a result of litigation, the client recovered a substantial payment for the additional injuries that were caused by the contaminated steroid injections.
Commercial Truck Accident - Work Injury - Hit-and-Run Driver - Uninsured/Underinsured Motorist Insurance - Insurance Coverage Litigation - Arbitration Award Enforcement
A commercial truck driver had a terrible day at work, when a car pulled out into the path of his 18-wheeler. He braked and tried to swerve, and suffered severe right wrist fractures when his tractor trailer jack-knifed. Sadly, the at-fault car driver fled the scene without taking responsibility for causing the crash or even calling for help. The truck driver's employer had purchased $1 million in uninsured/underinsured motorist insurance coverage from an international insurance company. Unfortunately, the employer and insurance company joined forces to fight the truck driver's claim. The insurance company had sold the policy to the employer with a "$150,000 self-retention" (essentially, a huge "deductible" payable by the employer in the event of a claim) which provided the employer a powerful incentive to "cooperate" with the insurer's arguments that there was no coverage intended for employees, like the truck driver who suffered disabling injuries in this hit-and-run accident. Extensive investigation and discovery of internal insurance documents led to a favorable result for the client. The trial court granted Mr. Zelenock's motion to enforce a $775,000 arbitration award in favor of the trucker and also granted Mr. Zelenock's motion on the insurance coverage issues, defeating the arguments of the employer and the international insurance giant. Judgments totaling approximately $1 million were entered against the employer and insurer. They appealed and lost. $1.2 million was recovered, as taxable costs and interest were also collected from the insurer. After losing the appeal, the insurer filed an additional motion in the trial court to attempt to reduce the recovery. The insurer asserted it was entitled to reduce the award by the amounts of all worker's compensation benefits paid to the trucker pursuant to the worker's compensation statute. Mr. Zelenock filed a motion to extinguish the insurer's alleged statutory lien. The trial court granted Mr. Zelenock's motion, entered an order extinguishing the alleged lien, and sanctioned the insurer an additional $4,400 for raising the lien issue.
No-Fault Insurance Law – Personal Injury Law – Insurance Claims
A motorist was injured in wintry conditions when another drive was inattentive and turned left in front of him. A head-on collision resulted. Both cars were “totaled.” The motorist suffered wrist sprains and whiplash injuries to his and back. The firm assisted the motorist with litigation that resulted in a favorable settlement from the other driver’s insurance company.
Personal Injury -- Insurance Coverage -- Commercial Litigation
The firm recently assisted a client with an insurance coverage matter. After prevailing in the coverage litigation with the insurer, the firm obtained an award of more than $100,000 for costs and attorney fees from the insurer for the client.
Motorcycle Accidents - Future Damages - Loss of Future Earnings or Earning Capacity - ORV Accidents - No Fault Insurance Coverage - Litigation
Mr. Zelenock obtained a verdict of $500,000 in past, present and future damages for a 31-year-old factory worker, who suffered serious wrist fractures in a head-on collision between two "4-wheeler" off road vehicles (ORVs). The ORVs collided in a blind curve on a "two track" dirt road. The accident and jury trial were in rural Northern Michigan County. The other driver's No Fault car insurance coverage was triggered in this accident, because the ORVs had 4 wheels and were operated on a "two-track" road that was publicly maintained or used. The verdict exceeded insurance policy limits. The client suffered a broken wrist, but kept his factory job. The other driver's insurance lawyer argued that he could not prove any vocational damages or earning loss, because he was "still on the job." However, the client expected to suffer significant future losses, because his surgeon believed that he would need to have his wrist surgically "fused" in the future. The case was hard fought. The insurer never made a significant offer to settle the case before trial. Issues of social class, regional and age bias seemed to come into play. The insurance claims representative and attorney could not seem to accept that an "Up North" jury would be fair to the young 31-year-old factory worker from lower Michigan. The defense portrayed the case as a contest between a young, reckless "hooligan" from downstate, who was suing a kindly, 67-year-old, white-haired grandfather and retired factory manager who was a county resident. But the truth came out in the trial process. The client was a nice man, not like the defense attempted to portray him. The older rider, while also a nice man, made serious mistakes. Older drivers can make mistakes, just like everyone else. Both riders shared some responsibility for causing the collision. Michigan law contemplates such as situation and requires the jury to "allocate" percentages of fault to each party. MCL 600.6304. The client collected 50 times the insurer's highest pre-trial settlement offer.
Automobile Accident Claim - No Fault Insurance - Insurance Coverage - Insurance Underwriting
A 16-year-old boy with behavior problems was given 2 Camaro Z-28's to play with by his father. The boy caused a serious crash, while driving over 80mph and passing four cars at once during a rainstorm. He eventually spun-out, lost control and hit the client head-on. The father's attitude was "boys will be boys." He had a history of refusing to discipline his son, or to even see anything wrong with his destructive behavior. "He wanted to be a friend, not a father," the mother (and ex-wife) testified in her deposition. The father's insurance company recognized the boy was at fault for causing the accident and injuries, but attempted to reduce the amount it was liable to pay by trying to limit the claim to the boy's minimal $20,000 insurance policy. Mr. Zelenock did a thorough investigation and discovered proof that the father was liable under theories of negligent entrustment and ownership liability. The trial court ruled that the father's full $100,000 insurance policy was available to the client as a result -i.e. five times the $20,000 the insurer had attempted to limit the client's recovery to.
Motorcycle Accident - No Fault Insurance - Uninsured/Underinsured Motorists - Insurance Coverage
A motorcyclist sustained serious leg injuries, when a pickup truck turned left into his path. The at-fault driver only had a minimal insurance policy. Fortunately, the motorcyclist had purchased Uninsured Motorist and Underinsured Motorist protection on his own insurance policies (a type of insurance that protects you, if you are injured by a driver with no insurance or too little insurance). Unfortunately, his insurance company fought his claim with numerous arguments to try to get out of paying. Mr. Zelenock filed civil lawsuits for the motorcyclist. Insurance proceeds were eventually collected from both the pickup truck driver's insurer and the motorcyclist's own Underinsured Motorist insurance policy.
Pre-existing Conditions - Head Trauma - Aggravation of Pre-Existing Conditions and Mental Illness
A woman with a significant history of pre-existing medical and difficult emotional problems was hurt in a low-speed automobile accident. Both the other driver's insurer and her own No Fault insurer fought her claims, seeking to blame her "pre-existing conditions" for all her problems, rather than the accident. However, Michigan law follows the traditional common law "eggshell skull rule" - i.e. if a pre-existing condition makes a person more susceptible to injury, that does not excuse the at fault party from paying damages resulting from the accident. Investigation showed that the women was functioning quite well immediately before the accident, despite her pre-existing problems. Then, the accident sent her on a downward spiral with devastating health consequences (her body weight dropped below 90 lbs). With proper medical help, her condition slowly improved. Mr. Zelenock's litigation work secured payment for medical bills and also provided a large cash settlement. You don't have to be in perfect health to have legal rights. You can recover insurance benefits, even if you have significant pre-existing health problems, injuries or conditions.
Drunk Driver - House Damage - Coordination or Competing Insurance Coverages
A drunk driver fleeing the police lost control, left the road, and drove into the side of the client's home. No Fault automobile insurance and home owner's insurance policies both may provide coverage for this type of accident. There are advantages and disadvantages to both. It often makes sense to check your policies and to consult with an experienced insurance attorney at the outset of a claim to choose the best approach to protect your family. In this case, the insurance coverages and property damages were assessed, and the claims settled so that the home could be repaired.
Uninsured Motorist - Excess Economic Loss Damages
In this case, the client had allowed her insurance to lapse in violation of Michigan law. Another driver ran a stop sign and caused very serious lower leg injuries to the client. As an uninsured driver, the client was barred from recovering non-economic damages (i.e. pain and suffering). However, she could recover her future wage loss expected due to her permanent leg injuries. A civil case was filed and $90,000 was recovered, despite her uninsured status. In some cases, a client who loses some legal rights and privileges due to her own mistakes, still has other legal rights that can be vindicated in civil litigation. Careful evaluation of your legal rights with an attorney can prepare you to deal with problems successfully.
Motorcycle Accident – No Fault Insurance — Medical Benefits – Insurance Coverage Litigation - Statutory Construction – Attorney’s Fees Awarded – Appellate Litigation — Published Case Decision
A retired steel worker from Kentucky was enjoying a summer motorcycle ride in Northern Michigan with a group of tourists on a multi-state ride organized by a Harley- Davidson owners group, when he was struck by a car driven by a Michigan resident. He was thrown from his motorcycle and suffered severe left ankle fractures and shoulder injuries (torn rotator cuff). As a result, his motorcycle and vacation were ruined. He required multiple surgeries and other medical care and was unable to do work on his farm and horse ranch.
As is too often true, the insurance company refused to pay any claims voluntarily and forced extensive litigation, which increased expenses for all involved. During the litigation, the insurer insisted on traveling to Ohio, Kentucky, and West Virginia to conduct depositions of medical experts near the client’s Kentucky home (near Marshall University).
Mr. Zelenock’s firm met and defeated the insurer’s delay tactics step-for-step, and prevailed on the claims entirely. The trial court granted Mr. Zelenock’s motion for summary disposition on the insurance “coverage” issues and entered Judgment in favor of the motorcyclist/tourist client on the medical bills and other insurance benefits owed by the insurer totaling over $75,850. The Court also granted Mr. Zelenock’s motion for an award of attorney’s fees, costs and interest against the insurance company adding more than $51,000 to the Judgment for the client. Nevertheless, the insurance company remained stubborn and refused to pay, and filed an appeal with the Michigan Court of Appeals, causing additional substantial delay and expense for all involved, including the judicial system. The insurer’s tactics were again defeated. After extensive briefing and oral arguments in Lansing, the Michigan Court of Appeals issued a unanimous, published opinion affirming the decisions in favor of the motorcyclist on the more than $75,850 in insurance benefits and $51,000 in additional costs, fees and interest. (“Published” cases are given more weight as common law binding precedent than “unpublished” decisions from the Court of Appeals.) This case is now controlling, binding law throughout the State of Michigan on the issues decided. This case has been cited repeatedly by other courts in adjudicating other cases, as well as academic and other persuasive legal authorities.
The insurer remained stubborn and caused additional delay and expense. It filed another appeal, this time to the Michigan Supreme Court. Mr. Zelenock’s firm filed extensive appellate briefings with the Supreme Court. The Supreme Court affirmed the decision of the lower courts, and the insurer’s days of delays were over (at least on this matter). After more than 3 years of litigation, and work on the file that included travel to 3 other states (as well as multiple counties in Michigan), the insurer was defeated and forced to pay in full the Judgment, costs, and fee award, as well as more than 3 years of interest on these amounts. The total recovered from the insurer was over $300,000, considering the awards paid in this case and the third-party tort case.
Automobile Accident – No Fault Insurance — Brain Injuries — Quadriplegia - “Family Attendant Care” Benefits – Declaratory Relief -Attorney’s Fees Awarded
A Great Lakes tugboat captain and married man with two children was severely injured in a 1995 motor vehicle accident. As a result, he required multiple surgeries and other medical care, and suffered extensive partial paralysis and brain injuries. He was totally disabled and required extensive, “around-the-clock” assistance for all activities of daily living as well as all medical needs. Fortunately, the family had significant insurance coverage (health and auto) to address the devastating injuries and losses, in part.
The gravity of his injuries profoundly changed his life, and the lives of his family, forever. He suffered extensive paralysis in his limbs (quadriplegia) and severe brain injuries that made it impossible for him to eat, talk, or do most things without huge amounts of assistance from a team of care providers put in place by his wife, and the 24/7 care provided by his wife. His wife spent a year with him at a special brain injury facility, learning extensively from experts about his highly-specialized medical and care needs.
His wife worked extensively as his advocate, and Court-appointed Guardian and Conservator, to make sure all of his care was excellent. She also worked extremely hard every day to make sure that, despite his severe injuries and disabilities, he was able to return to his community, church, and family life to the greatest extent possible. She worked as an “internal case manager,” essentially an onsite skilled nurse every day. Her tenacious hard work benefited her husband, and also saved the insurance companies involved large amounts of money. Without her work, 8-12 hours a day of additional skilled-nursing care would have been needed to help her husband. The excellent care she provided and put in place kept her husband free of medical complications that require long, expensive hospitalizations – which are common for people with such extensive injuries.
Over time, as is too often the case, one of the insurance companies began “tightening” its views of what it would pay for under the insurance policy the family had in place at the time of the 1995 accident. In effect, the insurer made efforts to reduce the insurance benefits provided for under the policy, even though the accident had occurred more than a decade ago, and there was no right to “amend” the policy in place at the time, after the accident. For example, the insurer had originally indicated it would pay for a new wheelchair accessible van every 7 years. The wife kept the van in good shape for 12 years (saving the insurer more money), and then the insurer tried to “back-out” of its promises and claimed it would not pay for a replacement wheelchair accessible van. The insurance company’s “revised” position threatened the family’s freedom of transportation, and indirectly their freedom of choice of doctors, clinics and therapists, as well as the freedom to be “out-and-about” in the community at church and family events.
Up until the insurer’s decision to back-out of paying for the van and other items, the wife had been working hard on her husband’s care team for years without pay. The insurer admitted that its insurance policy required it to pay for family-provided attendant care services, as well as guardian and conservator services. The insurer had avoided paying these “family attendant care benefits” to the wife for about 15 years, even though she was providing critical services every day.
Given that the insurer was taking a “tighter” reading of the coverage and reducing the benefits payable (and shifting expenses like van purchases to the family), the wife needed assistance with obtaining payment of a number of insurance benefits, including proper payment for the daily work she was doing, providing “family attendant care services,” as well as guardian and conservator, and internal case management services.
The insurer steadfastly refused to pay. A prolonged litigation battle ensued with extensive medical and scientific investigation about the many highly-complicated and specialized medical issues involved in the specialized care needs of a quadriplegic person (specialized feeding needs; medications; specialized nebulizers and other breathing equipment; how to safely conduct transports; physical therapy; speech therapy; “pool” or aquatherapy; full assist for all needs; medical charting; scheduling and supervising workers and medical appointments).
After a five-day jury trial, the wife prevailed on her claims for her services in their entirety. The jury rejected every argument and defense offered by the insurance company and its team of lawyers. A Judgment for more than 1,000 days of services was entered, along with an award of costs and attorneys’ fees totaling more than $265,000. Importantly, the Court also granted a Declaratory Order requiring the insurer to continue to pay $140 per day (about $50,000/year) for her services in the future. The couple is in their 50s and should benefit from this jury trial win and Declaratory Order for years to come. (This award was for the value of the wife’s services alone - there was no award for “non-economics” or other damages, as those issues had been addressed by another law firm many years ago).
Personal Injury and Accident Law – No-Fault Insurance – Auto and Truck Accident
The firm assisted a client who was rear-ended by a negligent driver with a claim for no-fault first-party PIP benefits. The client had been injured before in a prior snowmobile accident, so the insurance company tried to argue that her problems were all “pre-existing conditions” that stemmed from the prior snowmobile accident, rather than from the motor vehicle accident at issue. However, the firm was able to obtain a favorable settlement for the client and ensure that her medical bills and work loss benefits were paid in full.
Personal Injury and Accident Law – No-Fault Insurance Claims – Automobile and Truck Accidents – Serious Injury and Insurance Claims
A motorist suffered a closed head injury and eye injuries when another car failed to yield and T-boned him, totaling both cars. The insurer for the at-fault driver refused to pay an appropriate settlement and litigation ensued. After the exchange of many documents and depositions of several treating physicians, the insurer finally agreed to pay a fair settlement to the injured man and his family. The firm secured deposition testimony from the eye doctor (ophthalmologist) that established with solid proof that the client had suffered a serious “objectively manifested” injury to his eye. The doctor made clear in his testimony that the eye injury was “objective” and visible with the imaging tools in his medical office. Fortunately, the client was not blinded or cosmetically deformed in the accident, but the doctor’s testimony and technological photographs of the interior of the eye demonstrated the “objective” evidence needed to show the client’s injuries under Michigan law. Michigan No-Fault Insurance Law requires that a claimant demonstrate an “objectively manifested” injury/impairment before recovering for noneconomic damages. See, e.g., MCL 500.3135(1) and (7). The firm was able to satisfy the requirements of the Michigan No-Fault Insurance Law through the doctor’s deposition testimony and photographic imaging.
Personal Injury and Accident Law – No-Fault Insurance Claims – Automobile and Truck Accidents
The firm was able to assist a client in recovering all of his work loss and medical bill payments after a serious motor vehicle accident. The insurer paid many benefits immediately after the accident on a voluntary basis but then discontinued benefits on the theory that the client was no longer disabled. However, by that time, the client had lost his job in a wood flooring factory, because his employer had replaced him with another worker, while he was “off work” due to the accident.
However, Michigan No-Fault Insurance Law allows an injured employee to recover benefits for the work he “would have” performed if he had not been injured in the accident. See MCL 500.3107(b). The Michigan appellate courts have applied the plain language of this Michigan No-Fault statutory provision to allow the recovery of work loss benefits even after a period of physical disability and if an employee loses his job because the employer replaces him during his period of disability. The firm’s knowledge of the Michigan No-Fault Statute and favorable case law allowed the client to recover all of the work loss benefits he was entitled to, despite the insurer’s efforts to cut off his benefits.
Personal Injury - Health Care - Meningitis
The firm assisted clients with contaminated injections products liability claims. The drug company went into bankruptcy, but significant funds were located for distribution among the many people injured by the defective, contaminated shots.
Automobile Accident - Closed Head Injury and Broken Femur
A young man was badly injured in a school van accident. Both the driver of the school van and the driver of the other vehicle involved were at-fault for causing the accident. A sophisticated search for insurance coverage, along with thorough investigation, briefing and mediation work with multiple insurers and attorneys for school systems lead to a favorable confidential settlement.
Motor Vehicle Accident -- Insurance Coverage Issues
An older gentleman had a medical problem while driving on a high-speed road. He crossed the centerline and struck another vehicle, causing serious injuries to the other driver. The older gentleman and his wife (the owner of the car) were both sued by the injured person. They were concerned that they did not have enough insurance coverage, given the serious injuries to the other party. The firm assisted the clients with negotiating a settlement with the injured party and also in persuading their own insurance company to make a good-faith policy-limits offer to get the matter settled and protect the clients’ interest. The clients were very pleased to have the litigation resolved without risks to their nest egg, personal savings, and property in the aftermath of a very serious accident.
Motor Vehicle Law
The firm assisted a client in a one-vehicle accident in obtaining dismissal of misdemeanor charges for allegedly leaving the scene of the accident. The firm performed some factual investigation and legal research, which produced a good result for the client.
Motor Vehicle Accident -- No-Fault First-Party Insurance Benefits
A gentleman was hurt in a motor vehicle accident and lost his job as a result. His No-Fault first-party PIP insurer paid his wage loss and replacement services benefits for a while, but then “cut off” benefits based on the opinions of doctors hired by the insurance company (DMEs or defense medical examiners). The firm was able to negotiate a settlement requiring the insurer to pay the wage loss and replacement services benefits through the three-year time period that is the maximum allowed under the No-Fault first-party PIP statutory benefits.
Personal Injury and Accident Law
A driver was struck by another car when his vehicle rolled over. His own insurer was legally responsible to pay his medical bills and wage loss, but failed to do so in a timely way. The firm filed suit against the insurer and obtained payment of the expenses, much to the client’s satisfaction.
Personal Injury and Accident Law
A woman was injured in a car accident and needed medical bill payments and wage loss benefits. Before the accident she was a self-employed person running a business out of her home. After the accident she was not able to organize her records and take care of insurance claim issues at the same time as managing her medical care. The firm assisted her with organizing her self-employment bookkeeping and tax records to present a suitable wage loss claim to the insurance company and to obtain medical bill payment in a timely manner. The client was pleased to have these issues resolved appropriately.
Personal Injury and Accident Law -- No-Fault First-Party Benefits – Home Accommodation Benefits
The No-Fault Insurance Act provides for numerous allowable expenses for those who are seriously hurt in an automobile accident in Michigan. No-fault benefits include home modification benefits for those who need their house altered or modified to accommodate their mobility problems after serious injuries. The firm assisted a client with home modification claims after she was seriously injured in an accident and needed a lift/elevator and other modifications to her home to allow her to get around in it after suffering multiple serious fractures from the accident. The client was pleased to be able to get back to her own home.
Learn more about our expertise in:
MOTORCYCLE CRASH LAW PERSONAL INJURY SERIOUS INJURIES AND INSURANCE CLAIMS BICYCLE AND PEDESTRIAN ACCIDENTS MACHINERY DEFECTS AND INJURIES SNOWMOBILE AND BOATING ACCIDENTS NO FAULT INSURANCE WORKPLACE ACCIDENTS INJURY AND DISABILITY INSURANCE MOTORCYCLE AND ORV LAW DOG BITE INJURIES AUTO AND TRUCK ACCIDENTS
BUSINESS LAW SUCCESS STORIES
Small Business Law
A construction company was sued by a general contractor for more than $630,000 in alleged contractual damages, after disputes about a substantial Northern Michigan construction project came to a head in litigation. The firm reviewed the facts of the project, and the detailed language of the lengthy contract between the parties, and filed a motion to dismiss the case. The court case was dismissed with prejudice.
Small Business Law
The Firm recently assisted a partnership with filings in the Michigan Supreme Court to defend prior wins obtained for the partnership at the trial court and appellate court levels. While there are no guarantees in litigation, the Firm anticipates another victory for the partnership at the Supreme Court level given the proofs and arguments developed for the client.
Small Business Law
A small businessman operating a concrete contracting business was hired by a local municipal government to make big improvements to one of the municipality’s public parks. His company performed the upgrades and installed of a lot of new equipment and other installations for the municipality. Unfortunately, the municipality sought to withhold 10% of the payments that were due and owing to his company for its work. So, he retained the firm to assist him in obtaining full payment. The firm filed written submissions to the municipality, and also made in-person appearances to attend a public meeting before the village officials to persuade them to do the right thing, and make full and complete payment as was due and owing under the contractual agreement. This work paid off, as the municipality did agree to make full, complete payment. The matter was worked out efficiently and without formal litigation.
Small Business Law
A small business owner needed assistance in enforcing contractual agreements with its employees. The firm consulted and advised the employer on how to best enforce the agreements as a practical matter, so that the disputes could be (and were) resolved efficiently.
Small Business Law
A small business owner needed assistance with a large judgment that had been entered years ago against her, her husband, and their business. The firm assisted the client with obtaining a full release of all claims and the satisfaction of the existing judgment against her and her husband, as well as their business, and resolve the claim for much less than the judgment amount.
Small Business Law - Employment Law
A small business was faced with real problems, when several employees left and attempted to “steal” client lists and other protected information belonging to the business. The firm reviewed the situation and the related documents and contractual agreements to address the issues with the miscreant former employees. The thefts stopped and the property belonging to the business was safely protected.
Small Business Law - Employment Law
A small health insurance agency had to address problems with former employees, who left the agency and then tried to steal the agency’s clients. The firm assisted with taking steps to review and enforce the agency’s contracts with the former employees’, including non-compete and non-solicitation provisions. The firm successfully took action to stop the theft of the agency’s clients by the former employees.
Small Business Law
A client needed assistance setting up several LLCs to help him pursue some entrepreneurial businesses. The work was done efficiently, and the client was able to get his business going quickly.
Small Business Law -- Property Damage Claims
The firm recently assisted a small business with defending property damage and breach of contract claims.
Small Business Law – Employment
A business had issues with one of its former employees who was spreading unfounded allegations about the business. With the firms assistance, the business was able to put a stop to the communications.
Small Business Law
The firm recently assisted a client with filing extensive appellate briefing in the Michigan Supreme Court addressing issues of slander/libel law. The case raises important issues of media law and statutory construction for review and decision by the Michigan Supreme Court.
Small Business Law – Government Regulation and Administrative and Agency Counsel
The firm represented a small closely-held corporation in legal action against a restaurant owner who was in default on his obligations under a series of financial agreements. The firm obtained a judgment against the restaurant owner, and then obtained a Court Order transferring ownership interests in valuable liquor licenses and permits from the restaurant owner to the client (to pay the judgment in favor of the client). The firm worked with the Michigan Liquor Control Commission to properly allow for the transfer of ownership of the liquor licenses and permits, and their ultimate sale for fair market value. The client recovered a substantial sum of money as a result.
Small Business Law – Construction Law
A construction company needed assistance in collecting a debt from a customer. The firm assisted the company with working out an agreed-upon resolution where the company received full payment of the money owed.
Small Business Law – Contract Disputes
The firm recently assisted several small businesses with negotiated resolutions of amounts due under contracts, and also with litigating contract disputes.
Small Business Law – LLC Formation
The firm assisted small business clients with business start-up advice and LLC formation, including in the hospitality, bed-and-breakfast business, construction and design fields.
Business Law – Contracts and Property – Confidentiality Agreements — Art Sales
The firm assisted a long-time art collector by obtaining a Court Order enforcing a confidentiality agreement in a contract for the sale of expensive artwork. The art collector client had engaged in many high-end and mid-range art transactions over several decades. He was very familiar with the industry customs and practices of the art world. Many high-end art sales involve confidentiality agreements to protect the privacy of wealthy art collectors and owners. Unfortunately, after the piece of art was sold, a later owner filed a lawsuit and attempted to force the client to breach his confidentiality agreement.
The firm filed a motion to quash subpoena and for protective order, which the Court granted. This accomplished the client’s goal of preventing a litigant from forcing him to break his promise under the confidentiality agreement. Sales of expensive artwork, like the sale of other expensive property, can lead to significant litigation. Many wealthy art owners do not want to be repeatedly asked about their ownership (or their family’s historical ownership) of art in Court proceedings; thus, confidentiality agreements are common in the art industry. The client was very satisfied when the Court ruled in his favor and enforced the confidentiality agreement. He wanted to keep his promise.
Small Business Law – Business Dispute – Contract Law
A client invested a substantial sum of money in a business venture. After the business venture stalled, the investors were unable to reach an agreement on the future of the project. As a result, the client sought the firm’s help to recoup his investment and leave the business venture. Through negotiation and an understanding of the various business entities involved in the project, the firm was able to assist the client with the recovery of his investment in the stalled business venture.
Small Business Law – Government Regulation
The firm assisted a group of small businesses address concerns about and compliance with the Affordable Care Act (“Obamacare”).
Small Business Law
The firm assisted a partnership with a dispute involving the business operations of a competitor.
Small Business Law – Contracts
The firm assisted a partnership with a dissolution of an LLC, settlement agreement, and press release.
Small Business Law – Contract Law
A number of investors wanted to terminate business dealings with another investment group and also account for and settle distribution of capital issues amongst themselves. The firm assisted the investors in completing both parts of this transaction.
Small Business Law – Administrative Law – Employment Discrimination
The firm assisted a northern Michigan retailer in defeating claims of age discrimination in a state administrative proceeding. An employee claimed that age discrimination was the reason for her termination, but the firm assisted the small business in presenting proofs that the termination was lawful. The Michigan Civil Rights Department dismissed the claims of age discrimination in favor of the business.
Contract Law – Small Business Issues
A tech company had a contract and service dispute with another business. The firm assisted the tech company with negotiating a resolution to their disputes quickly and efficiently.
Construction Law – Small Business Law
The firm recently assisted a construction company in setting up its business and LLC documentation.
Real Estate – Contract Law--Small Business Law
The firm assisted a condominium association obtain payments from co-owners who had breached provisions of their condominium documents.
Small Business Law - Contracts
The firm assisted a small business in exiting a contractual relationship after a dispute arose between the parties.
Small Business Law
The firm assisted a homebuilding contractor with resolving a dispute about workmanship. The matter was put to rest with the release of all claims in favor of the contractor.
Small Business Law
The firm assisted a small business with resolving a contract dispute with a vendor. The matter was handled expeditiously, and client was pleased with the result.
Small Business Law – Entity Creation
The firm has assisted numerous businesses get their start with entity formations such as setting up an LLC with the state.
Contract and Property Law –– Nonprofit Law
A nonprofit organization sought advice and counsel from the firm about how to deal with potentially difficult personalities amongst its membership at meetings. The firm provided education to board members about numerous substantive and procedural issues that would help them run meetings more effectively (even with difficult people present), and also manage their procedures and meetings to ensure that all members were fairly heard and treated fairly, while efficiently dealing with the organization’s legitimate business. It’s a basic truth: one of the smartest things a client can do is seek legal advice before a difficult situation gets out of hand.
Learn more about our expertise in:
SMALL BUSINESS LAW PROPERTY DAMAGE CONDOMINIUM LAW GOVERNMENT REGULATION
CONTRACT AND PROPERTY LAW SUCCESS STORIES
Contract and Property Law
Recent Win #1
A husband and wife owned a home together. They homeowners hired a contractor to do construction work on their property. Unfortunately, the contractor did a bad job with significant poor workmanship and incomplete work. The firm filed lawsuit a lawsuit behalf and obtained a judgment for more than $85,000 in their favor of the homeowners against the contractor himself, as well as his company. The Court system can provide justice for homeowners wronged by contractors.
Recent Win #2
Disputes amongst neighbors can lead to many practical problems, and in some cases litigation. The firm recently assisted Traverse City homeowners with resolving a dispute with some neighboring property owners. The neighbors sent a letter raising allegations that the homeowners’ property was causing or contributing to water runoff and other problems on their adjacent property. The firm assisted the homeowners in negotiating and reaching a resolution of these problems quickly, without any litigation.
Recent Win #3
The firm recently assisted a general contractor with negotiating the details of a complicated contract for a luxury home construction project.
Contract and Property Law
The firm recently helped homeowners with a slander of title and declaratory judgment action, due to an inaccurate property recording filed against their home. As a result of the firm’s work, the improperly recorded document was invalidated.
Contract and Real Property Law
The firm assisted a client with the buyout of a property owned by multiple families for multiple generations. The parties had different personal situations that were no longer were conducive to joint ownership of the property and through extensive negotiation the firm helped reach a satisfactory resolution for all of the involved parties.
Contract and Property Law
The firm assisted a condominium association with dealing with a difficult co-owner, who created some problems with others. The firm helped the association resolve those issues without litigation.
Contract Property Law
The firm assisted a business with filing administrative appeals regarding the City’s inaccurate decisions about variances, as well as other related claims challenging the City’s erroneous decision making.
Contract and Property Law
The firm assisted a gentleman who was sued over a boat sale transaction. An early mediation was scheduled, and all issues were resolved efficiently in a favorable manner for the client.
Contract - Real Property Law
The firm recently assisted a client with the resolution of a dispute involving real property owned by numerous family members. With significant negotiation, the firm was able to secure the outright purchase of the property for its client from the other family members.
Contract and Property Law
A man was concerned about the way a construction contractor was treating his elderly parents. The firm assisted the man with advice and counsel on steps to take to ensure that the contractor did not rip off his parents, and steps to take to otherwise protect their interests.
Contract -- Property Law
A homeowner was unfairly treated by home repair contractor. The contractor placed a “mechanic’s lien” on the homeowner’s property, even though the contractor had no legitimate right to do so. The firm attempted to negotiate with the contractor, but the contractor was unwilling to take appropriate action or to remove the claimed lien. The firm filed suit, and the lien was removed.
Contract -- Property Law -- Municipal Litigation
The firm assisted the citizens’ rights group Save Our Downtown in litigation against the City of Traverse City. The Traverse City Charter provides the people the right to vote on proposed development projects that are over 60 feet in height. The City opposed the charter amendment when it was enacted in November 2016. Subsequently, the firm successfully established the Charter was valid in a court case in 2019. In 2021, additional litigation arose, when the City approved a building that was over 78 feet tall, without holding the vote required by the City Charter. The City argued its “methods of measurement” allowed it to conclude the 78+foot building was “under 60 feet” and thus the city could approve the building without holding the vote of the people required by the City Charter. The Firm and Save our Downtown disagreed. The circuit court agreed with the Firm and Save Our Downtown that the “plain language” of the Charter had to be applied as written. So, a 78+ foot building was not less than “60 feet” as the City argued. The vote of the people required by the City Charter must be held, for buildings over 60 feet – exactly as written in the Charter itself. The City has taken an appeal to the Michigan Court of Appeals, and the firm is representing Save Our Downtown on appeal.
Contract -- Property Law
The firm represented homeowners, in a case where a contractor improperly placed a “mechanic’s lien” on their marital home, without any right to do so. The firm attempted to persuade the contractor to remove the improper lien, but he refused to do so. So, the firm filed suit for slander of title. Eventually, the contractor admitted that the firm was right and he was wrong, so the lien would be removed and he would pay the homeowners’ attorney’s fees and costs incurred.
Contract and Property Law
A business owner in Traverse City suffered from flooding due to defects with the city’s sewer system, which cost him thousands of dollars in flood damage to his property. Unfortunately, the city refused to reimburse him for his losses, and instead denied responsibility by claiming various governmental defenses. The firm filed suit, and ultimately the city agreed to settle the claim and pay the property owner’s losses.
Contract and Property Law
The firm assisted a condominium Association in collecting approximately $50,000 in unpaid condominium fees and assessments. Also, after the suit was filed, the other side (the original developer of the condo project, who still owned more than 45 of the condo units), filed a counterclaim against the Association seeking to “reform” the condominium documents. According to the developer, the proposed “reformation” of the condo documents in the manner requested would provide the developer $1 million or more in in monetary advantages over a period of 20-some years.
The firm was able to collect the overdue condominium association fees and attorney’s fees and costs of more than $50,000 from the developer. Further, and perhaps more importantly, the firm was also able to obtain a complete dismissal with prejudice of the developer’s counterclaims, which he claimed were worth very large sums of money. The association was very pleased with what it considered to be an excellent and just result for the condominium association and its members.
Contract and Property Law
A family farmer was interested in selling their farmland to others to continue the tradition of farming, and to allow themselves to enter retirement. The firm assisted with drawing up a series of contractual and land transfer agreements to assist them and to allow the farmers to retire successfully with their rights protected.
Contract -- Property Law
A property owner leased out a portion of farmland and a house to an acquaintance. Unfortunately, the relationship deteriorated, even though the landlord and tenant had known each other personally for many years. The firm assisted the landowner with negotiating a resolution to their disputes, where the tenant agreed to move out quickly and do no damage to the property. The parties put all of their disputes behind them. The resolution and move-out was negotiated and resolved completely in less than two weeks, which was a great outcome for the landowner.
Contract and Property Law
The firm advised a nonprofit association that owns significant recreational land on issues of documentation and Michigan’s Recreational Use Act (RUA). The RUA provides significant legal protection to owners of land who hold it open at no charge for others to use for recreational purposes, such as hiking or sightseeing, MCL 324.73301. While the RUA does not provide complete protection to the landowner, it does provide some significant protection from liability to landowners who do not charge or collect a fee for the use of their land by fishermen, hunters, campers, hikers, etc., and is an area of law that owners of significant parcels of land should be familiar with.
Contract and Property Law
A condominium Association needed advice about the application of several bylaw provisions, before undertaking large repair-and-rebuild projects throughout the Association. The firm reviewed the scope of the project in light of the relevant bylaw provisions and advised the Association on the appropriate path forward, so that the rights of all the co-owners would be considered and protected appropriately.
Real Property Law – Government Regulation
The firm assisted a landowner with a moderately complicated process to sell property to a government entity. A public election was required for aspects of the deal. The voters approved the project and the sale was completed after months of work.
Wills, Trusts, and Probate
A client needed help getting an inheritance paid from her grandma’s estate. After her grandmother died, a personal representative was slow to deliver funds from the estate, and the client needed the funds quickly, especially given the COVID19 pandemic crisis. The firm advised and counseled the client and negotiated with the personal representative, and as a result a satisfactory disbursement of much-needed funding was made to the client. This brought the issue to a close quickly and efficiently, and on terms that made the client very happy.
Contract and Property Law
A client who owned a classic automobile entered into an agreement with a company for painting and restoration work to the car. When the work was done in an unsatisfactory manner, and the company wouldn’t make things right for the client, the firm got involved in pressing legal action, until a settlement was reached on terms satisfactory to the client.
Contract and Property Law
An entrepreneur entered a series of complicated agreements with another business in the entertainment field. The agreement spelled out a series of commission terms, and the client was extremely successful in closing large multi-year sales, which entitled his company to large commissions on renewals over a number of years. Unfortunately, the other party to the contract was not willing to honor the agreements, and the firm had to get involved to assist the client in receiving the amounts of sales commissions he was owed. Fortunately, this was done relatively quickly and without litigation, and the client was able to secure the large commission payments he was entitled to.
Real Property Law – Government Regulation
The firm assisted a residential property owner in a dispute with a municipality regarding the use of a right a way on the client’s property. The firm dug into the history of the use of the property, the right of way, and the municipality’s assertions to halt the proposal and allow the property owner to continue to use the property in its current state.
Real Property Law – Landlord/Tenant – Land Contract
The firm helped an out of state client enforce the terms of a land contract involving a local property. Upon review of the land contract and communicating with the other party, the firm was able to negotiate a satisfactory resolution to the dispute.
Probate – Estate Administration – Real Property Law
The firm assisted a client with the administration of a probate estate. The estate included real property with chain of title issues. The firm was able to clear up issues with the title to effectuate a sale of the real property. The firm was also able to effectuate the transfer of retirement accounts as part of the administration of the estate.
Probate – Estate Administration – Real Property
Following the death of a parent, the firm assisted a client with the probate administration of the parent’s estate. With the firm’s assistance, the client effectuated the transfer of real property, bank accounts, and retirement accounts.
Contract and Property Law – Insurance Claim
The firm assisted a client with an insurance claim following significant storm damage to real property.
Product Liability – Breach of Warranty
A client retained the services of a contractor to perform repair and restoration work on personal property. After making payment in full on the work performed, the client discovered major defects and issues with the work performed. The firm assisted the client with addressing the defects and issues.
Wills, Trusts, and Probate Law
The firm recently assisted a long-time client with completing a detailed estate plan to address a “blended family” situation appropriately.
Contract and Property Law
A professional service corporation needed assistance with evaluating and structuring “hold harmless and indemnity” agreements contained in numerous complicated business and corporate transactions. The firm provided the professional corporation with extensive analysis and legal advice with a focus on the appropriate handling of hold harmless and indemnity agreements in their business dealings and contracts, so that the company could be better prepared to negotiate and engage in these complicated transactions.
Contract and Property Law
A residential landlord needed assistance with addressing disputes with a tenant and eventually evicting a tenant. The client was advised and represented effectively with a complete resolution to all the disputes with the client favorable to the landlord.
Contract and Property Law
A high level executive employee needed assistance with difficulties created by a disruptive nonprofit governmental board member. The firm provided advice and counsel on how to navigate the delicate balance between the numerous fiduciary and legal problems created by the cantankerous board member. The client was able to move forward successfully with his high-level responsibilities.
Contract and Property Law
A client needed assistance with a dispute with a utility company about the proposed installation of natural gas lines on their family property. The firm assisted the clients with advice and counsel regarding their legal rights and negotiations with the utility.
Contract and Property Law
A client needed assistance with contract and mortgage documents related to a business deal. The firm assisted the client with reviewing the documents and providing counsel to ensure his rights and interests were protected.
Contracts and Property – Contracts/Real Estate Building and Business Nuisance
The firm assisted a residential property owner with complaints about annoying activities and conditions on a nearby business owner’s property. The client wanted to deal with an unpleasant nuisance in her neighborhood. The firm filed suit seeking to “abate” the nuisance (i.e. get a Court Order requiring a property owner to remedy conditions creating a nuisance, to benefit the public and their neighbors). After brief litigation, the business owner agreed to make changes to the appearance and use of the business property to make his activities much more tolerable for his neighbors. A real property deed was recorded to require the business (and all future owners of the property) to keep his promise to maintain the improvements on the property for the benefit of the neighbors forever.
Real Property Law -- Personal Property -- Probate Litigation
A client had trouble receiving his inheritance, after the death of his parents. The firm assisted him with the necessary court filings. After some litigation and negotiation with the personal representative of the estate, the matter was resolved with the client receiving his full inheritance.
Product Liability – Breach of Warranty
A client purchased an expensive recreational vehicle, which was defective in numerous ways. The firm contacted the dealership and manufacturer, and client was offered a new recreational vehicle to replace the defective one.
Probate Law—Real Property Law
The firm assisted a court-appointed fiduciary with properly disposing of significant assets to raise money for a disabled person, including selling a house under the supervision of the probate court, for a substantial amount of money for the benefit of the disabled person.
Real Estate – Contract Issues
The firm assisted a client with litigation of a dispute over family-owned property.
Contracts and Property – Contracts/Real Estate
The firm helped a long-time lease holder resolve a dispute over a piece of property near a desirable northern Michigan lake. Before contacting the firm, the client had lodged a complaint regarding the harmful and offensive conduct of a neighbor and in response, the client received an eviction notice from the property manager. Through negotiation, the firm was able to reach a favorable resolution on behalf of the client in which the client was able to renew her long-time lease, and put a stop to the harmful and offensive conduct of the neighbor.
Contract and Property – Construction and Condominium Law
A residential property owner hired a contractor to construct an outdoor patio and perform landscaping. After accepting the property owner’s initial deposit, the contractor repeatedly delayed the project, changed the project’s design without approval, and left large portions of the property a mess. Through negotiation, the firm was able to help the client reach an agreement with the contractor whereby the project was completed to the satisfaction of the property owner.
Building and Property Damage - Small Business Law
The firm assisted a property owner with a property damage and unpaid rent claim and lawsuit against tenants who had caused significant property damage to a house. A judgment was entered for the full amount requested by the property owner and it will be paid-off over time “with interest.”
Contract and Property Law – Construction and Condominium Law
An irresponsible contractor did incomplete work to the homeowner/client’s home. Nonetheless, the contractor filed a lawsuit against the homeowner, claiming she had not paid her bill in full. The firm was able to quickly prepare the necessary Court filings to obtain a dismissal of all claims by the contractor, without any additional payment to him. The firm’s knowledge of construction, contract and property law, as well as the rules of procedure, resulted in a prompt dismissal of the claims by the contractor.
Contract and Property Law – Contract Real Estate and Business Law
The firm assisted a property owner collect payments due to him under a land contract agreement. The person buying the real property fell behind on his payments and then threatened to “file bankruptcy” in an effort to short-change the client of money due under the land contract agreement. The firm was able to successfully help the property owner/client “call the bluff” of the property buyer and collect all payments in full.
Real Estate - Condominium Project Issues
A husband and wife owned a condominium in Traverse City. They invested in nice improvements and updates to their patio and yard area. The Condo Board made a stink about the improvements, claiming that they were “rule violations.” The firm assisted the clients with demonstrating that there were no rule violations, and in fact their investments in improvements to the property made it nicer for all involved. The couple invited their neighbors over to look at the nice improvements and see how nicely the improvements looked, to the benefit of the neighborhood. The neighbors agreed with the clients and voted out the Condo Board that had taken an unnecessarily heavy-handed approach to minor alleged “rule violations” that were actually nice improvements to the property.
Timber Theft - Property Damage - Property Rights - Hardwood Timber
During the housing boom of the mid-2000's, the theft of hardwood timber from Northern Michigan land (for use in hardwood flooring) was a serious problem. Michigan law provides protection for landowners in the form of a statutory cause of action that allows for the recovery damages and even "treble damages" in some cases involving harm to land, timber or minerals on land. MCL 600.2919 et seq. A landowner's property was "overcut" by a timbering contractor, with many more valuable hardwoods removed than was agreed to originally. An expert forester was hired to assess the damages, and a civil litigation was filed. A good result was obtained from the timber company's insurer.
Real Estate – Condominium Law – Condo Rules – Condo Elections
The firm assisted condominium owners, when their Condo Board claimed that some paving stones on a new patio, decking, a “water feature” and other improvements allegedly “violated the condominium rules and condominium documents.” The firm investigated and determined that the clients had done nothing more than make beautiful improvements to the property, that enhanced the property for the current owners, as well as the neighbors. The firm assisted the clients in responding to the Condo Board’s allegations and reaching out to their neighbors to present their side (as the Condo Board had already circulated charges to all of their neighbors). The clients invited their neighbors over for tea and to look over the backyard improvements. The neighbors decided the improvements looked nice, and that there were no “violations” of the rules. They held an election and “threw out” the Condo Board, by electing a new slate of Board members who appeared less likely to make “much ado about nothing” in the future.
Contract and Property – Contracts and Real Estate – Foreclosure
A client had his hours cut at work and was unable to make his monthly mortgage payment. The client reached out to his lender, but the lender was unwilling to refinance the home and initiated foreclosure proceedings. The client contacted the firm and we were able to negotiate with the client’s lender to avoid foreclosure and reach a favorable settlement agreement for the client.
Property Law – Estate Administration
A client had issues collecting and administering accounts after the death of her husband. The firm assisted her with the necessary filings and the matter was resolved with the client collecting and administering the funds as desired.
Government Regulation – Appellate Litigation – Zoning and Property Issues
The firm assisted clients with appellate ligation in the Michigan Court of Appeals regarding the “tall building” zoning litigation in Traverse City, Michigan. The Court of Appeals agreed with the firm’s arguments that the developer’s motion for peremptory reversal should be denied, and entered an order denying that motion on June 2, 2016. The appellate litigation continues, but this ruling from the appellate court was a significant defeat for the developer and its claims that the Grand Traverse County Circuit Court had committed manifest error. The Court of Appeals rejected those arguments.
Contract and Property Law
A husband and wife were looking to get into the rental business and consulted with the firm on a number of the legal compliance issues, including proper forms for leasing and tenant management.
Learn more about our expertise in:
CONTRACTS AND REAL ESTATE BUILDING AND PROPERTY DAMAGE CONSTRUCTION AND CONDO LAW CONTRACT & PROPERTY
EMPLOYMENT LAW SUCCESS STORIES
Employment Law
A female employee was sexually harassed in the workplace. When she complained to her company’s Human Resources Department, she was targeted for retaliatory action and then fired. The employer claimed that it had “legitimate business reasons” for firing her, and claimed it was not retaliating against the employee for her reports to Human Resources about the sexual harassment. Employees and Employers should both be aware that Michigan’s Elliott Larsen Civil Rights Act (“ELCRA”) protects workers from sexual harassment in the workplace, and also from workplace retaliation such as reduction of work benefits or compensation, or retaliatory termination of employment. In this case, the firm assisted the employee with bringing a lawsuit and reaching a successful settlement agreement.
Employment Law – Appellate Issues
The Firm recently assisted a city employee, who was also an honorably discharged veteran, with an interlocutory appeal taken by the employer. The case deals with Michigan’s Veterans Preference Act, MCL 35.401 et seq, (which does not allow a municipal employer to fire a protected veteran without providing appropriate notice and a hearing to ensure fairness) and a host of other substantive and procedural legal issues that could be important to the future of “veterans’ rights” in Michigan employment law. The Court of Appeals is considering whether to accept the interlocutory appeal.
Employment Law
An employee needed assistance with negotiating a severance agreement, including fair severance pay and reasonable contractual terms in the separation agreement. The Firm assisted the employee with these issues, and she was able to move on to new work efficiently.
Employment Law
An employee held a mid-level executive position with a company in the medical technology business. The company and the employee wanted to end their relationship, and the firm assisted the employee with negotiating a reasonable settlement and severance agreement, including payment of fringe benefits, including very valuable retirement benefits.
Employment Law
The firm assisted a veteran with a hearing before a prosecuting attorney regarding the veteran’s wrongful discharge. Honorably discharged veterans of the U.S. armed forces should be aware that they have rights under the Veterans Preference Act, MCL 35.401 et seq, when they work for a government employer. The VPA statue provides protections to the veteran, so he or she can’t be fired “at will” and instead are entitled to a hearing before discharge, suspension, or termination from their government job. The VPA also provides an honorably discharged veteran with the right to a “preference” in employment, at the hiring stage when applying for or seeking a government job. See, MCL 35.401 et seq. The case law on the VPA can be complicated, and government employers too often do not comply with the statute. Unfortunately, there is a short 30-day time limit for a veteran to protect his or her rights when they are violated in some circumstances, and not all veterans are aware their rights or act quickly enough to protect them.
Employment Law
The firm assisted several lawyers working at a business with complicated questions about legal ethics and employment law to assist them to make wise and appropriate decisions about steps to take in a difficult situation that raised thorny ethical and employment law issues.
Employment Law or Government Regulation Accident Insurance
The firm assisted a disabled attorney with appealing a claim under ERISA, and attended oral arguments in the United States Court of Appeals for the Sixth Circuit in Cincinnati. A decision from the Court of Appeals has not been rendered yet.
Employment Law
The firm assisted an employee with reviewing the terms of his employment contract, given his desire to separate from the oppressive conditions he was suffering in his current job. The firm provided advice and counsel on the best ways to move forward and reach a successful resolution to the issues with the company.
Employment law
A recent engineering college graduate wanted assistance reviewing a detailed employment agreement, including restrictive covenants and non-competes. The firm assisted with the engineer with document review and advice to ensure that his engineering career could move forward productively under appropriate contractual terms.
Employment Law
A high-level executive employee at a nonprofit was confronted with allegations of misconduct, which seemed unfounded and potentially retaliatory. The firm provided advice and counsel to the executive to assist him in managing the crisis created by others in the organization, and protected his employment effectively.
Employment Law
The firm recently assisted an executive in planning her exit from one high level job, to a new position at a new company. The firm assisted the executive with carefully reviewing her employment agreement to ensure that all of her obligations were met to her old employer, in preparation for departing and moving on to a new job. The terms of her written employment agreement had to be reviewed carefully, along with numerous factual and practical issues in her industry. The client was enabled to make a smooth exit to other prosperous employment.
Employment Law and Contract Law
A physician needed assistance negotiating the terms of his employment contract with the Michigan hospital that he worked for. The firm assisted him with reviewing his prior contracts, and preparing for his contract negotiations. Key terms of the existing agreement were reviewed and revised, to protect the doctor’s interests in his current work, as well as to promote his future career and employment opportunities.
Employment Law
A governmental employee was subjected to an unfair campaign of harassment by an elected official. The firm was able to assist the employee with extended legal advice, negotiations and litigation in several forums, which resulted in a settlement over $300,000 in favor of the government employee.
Employment Law
A governmental employee, who was also an honorably discharged United States Air Force veteran, was unfairly fired by a city manager after the employee made Whistleblowing reports to the State of Michigan’s Department of Natural Resources. But Michigan’s Veterans Preference Act, MCL 35.401 et seq, does not allow a municipal employer to fire a protected veteran without providing appropriate notice and a hearing to ensure fairness. The firm assisted the employee with pursuing his rights under the VPA as an honorably discharged U.S. Air Force veteran. The Veterans’ Preference Act is a statute that all honorably discharged veterans should know about, especially if they work for state or municipal government.
Employment Law
A Traverse City employer had to lay off employees during the pandemic. Several employees claimed that the layoff was discriminatory and filed claims with an administrative agency. The employer needed advice and counsel in responding to those claims, and the firm assisted with providing advice on properly and lawfully responding to the complaints in the administrative process.
Employment Law - Contract Law
An employee left the company where he worked for a long time and had to find new work; however, the employer who had laid him off unfairly during the pandemic also tried to enforce a noncompete agreement in a way that would preclude the client/employee from working in his field. The firm assisted the client by offering advice and counsel and also communicating with the new company’s legal department to reach a reasonable resolution that allowed the client to go to work in new employment while also not running afoul of his existing noncompete agreement.
Employment Law – Small Business Law
A local employer had to layoff several employees during the covid pandemic, due to the business downturn. Several employees filed complaints alleging age discrimination with the EEOC. The firm assisted the employer with responding and explaining that the company respected and employed numerous older workers, and there was no age discrimination whatsoever. Rather, the extraordinary circumstances of the global pandemic and related economic slowdown unfortunately required the business to make layoffs in response to bad business conditions in the economy.
Employment law –Veterans Rights
The firm assisted a US Army veteran discharged from public service employment by bringing claims under the Veterans Preference Act and the Whistleblower Protection Act. The Veterans Preference Act is a state statute that requires public employers (governmental employers) to give certain procedural and substantive due process rights to veterans in public employment, with certain very limited exceptions. The client was a U.S. Army veteran who had served two tours of duty overseas in Iraq and had been injured while deployed in Iraq due to IED’s and rocket attacks. In the firm’s view, he was a perfect example of the type of soldier-employee that the VPA was intended to protect. The firm filed a lawsuit in the 13th Circuit Court seeking to enforce the veteran’s legal rights, and the case was reported on by the Traverse City Record-Eagle, https://www.record-eagle.com/news/local_news/former-bata-employee-sues-claiming-retaliation/article_52a078d4-bbe0-11ea-9757-37dd8d79330b.html.
Employment Law -- Contract Law
A high wage earner was dismissed from employment during the COVID-19 pandemic from his long-term employment. The former employer then wanted to assert that the employee could effectively no longer work in his field because of a “noncompete agreement” that had been signed years before. The firm assisted the client with potential legal and practical resolutions to the numerous problems created by the former employer, so that he could move towards new employment and a good job.
Employment law –– Professional Licensing Issues
A healthcare professional needed help when she was charged with a misdemeanor violation arising out of an alleged criminal incident that allegedly occurred away from her workplace on her personal time. However, the alleged incident could have had potentially significant ramifications for her work as a licensed professional. The firm assisted the client with preparing a defense to the charges. The charges were dismissed without a trial, and without the client suffering any damage to her professional license or reputation. It was a very good outcome for the client and her professional life.
Employment Law
An employee needed advice and counsel regarding a noncompete agreement and restrictive covenants in an employment agreement. The firm reviewed the documents carefully with the client and gave advice and counsel to guide the employee’s next steps forward to protect his career and future opportunities.
Small Business Law – Employment
A business had issues with one of its former employees who was spreading unfounded allegations about the business. With the firms assistance, the business was able to put a stop to the communications.
Employment Law
The firm assisted an executive-level employee in defending against allegations of retaliation and violations of state and federal discrimination laws. The executive client needed assistance with successfully navigating the corporate investigation process without losing his own job, as well as defending his own interests. The allegations and claims were complicated and high-stakes, with the potential to hurt the executive’s career. A review of the executive’s employment agreement, as well as an investigation into the facts of the case, were conducted to ensure the executive’s interests were protected.
Employment Law
A professional employee working in multiple states in the US from his Traverse City home was being pressured to move away to a new state to a new headquarters. The employee sought advice regarding numerous questions presented by the circumstances, and was assisted in reaching a good solution.
Employment Law
A high level executive employee needed assistance with difficulties created by a disruptive nonprofit governmental board member. The firm provided advice and counsel on how to navigate the delicate balance between the numerous fiduciary and legal problems created by the cantankerous board member. The client was able to move forward successfully with his high-level responsibilities.
Civil Litigation - Employment Law - Whistleblower - Appellate Court Jurisdiction
A northern Michigan county wrongfully terminated several employees and the case was tried to a large verdict. The county's attorneys sought to take the cases to the Michigan Court of Appeals, which could potentially extend the proceedings for another year or more, but did not follow certain procedural steps in post-trial pleadings and filings. Mr. Zelenock filed motions and obtained rulings that effectively deprived the County of the opportunity to take an appeal "as of right" to the Michigan Court of Appeals and stepped up collection efforts against the County and its insurer. A large settlement was paid in full within several months, rather than years later, without an appeal.
Employment Law – Counsel and Advice
The firm assisted a high level executive employee at a national manufacturing company about age discrimination and other problems with the company’s policies and procedures. The client felt pressured and retaliated against by the company as a result, and isolated from the management team. The company hired a law firm to conduct an “interview” of her, and she felt very threatened in her employment. The firm assisted her with meeting the challenges of the attorney interview process, and she kept her high-level employment with the company.
Government Employment – Arbitration – Wrongful Termination
The firm assisted a city worker get his job back through litigation and arbitration. A city worker was unfairly fired, but the firm assisted the employee with litigation and arbitration, which resulted in his reinstatement as a full-time city employee.
Self Employment - Lost Wages - No Fault Insurance Coverage
A hardworking excavation and timbering worker sustained injuries in an automobile accident. He was an independent contractor or "self employed." The No Fault insurer took issue with his recordkeeping, and refused to pay wage loss benefits. The client was assisted with his bookkeeping and banking records. His wage loss claims were put in order, and full payment was obtained from the No Fault insurer.
Employment Law - Sales Commissions - Breach of Contract
A salesman worked for a company under a commission agreement. He decided to resign and start up his own business in a different field. Under his commission agreement, he earned sales commission when he "closed sales," and then the commissions were paid later, when the receipts from the sales were received from the customer. The former employer withheld payment of his commissions, arguing no commissions were owed because the salesman quit the company. Disputes over unpaid commissions are a common problem faced by commissioned salesmen and saleswomen. Michigan has enacted a statute to help provide relief, the Sales Representative Commissions Act, MCL 600.2961. The Act allows a salesmen or saleswomen to recover unpaid commissions from an employer, and treble damages (with a $100,000 “cap” for these statutory damages), interest, costs, and attorneys' fees in proper circumstances. Mr. Zelenock filed a civil action for the salesman, and the unpaid commissions were recovered in full.
Employment Law – Benefits and Compensation – Employment Contracts
The firm assisted a 15+ year employee reach a large confidential settlement in an employment retaliation/discrimination matter. Both Michigan and federal laws prohibit unlawful employment practices, including inappropriate employment retaliation and employment discrimination. There are also many instances in which employment agreements can be enforced to the benefit of a discharged employee. In this successful case, the firm helped the employee obtain a large financial settlement that included the transfer of valuable beachfront property to the employee as settlement payments resolving the disputes in a favorable way for the employee. Michigan’s Elliott-Larsen Civil Rights Act can be found at: https://www.michigan.gov/documents/act_453_elliott...
Employment Law - Refusal to Promote – Employment Discrimination Litigation
The firm successfully litigated a complicated employment matter involving workplace retaliation and discrimination. An employee was unlawfully penalized and not awarded a promotion, after she “blew the whistle” on a supervisor’s unlawful practices against a disabled individual. After 10+ depositions, many rounds of discovery, and the compelled disclosure of damaging documents showing workplace harassment and retaliation, the case resolved resoundingly in the client’s favor including the client’s promotion. The Michigan Whistleblowers’ Protection Act can be found at MCL 15.361 et seq. http://www.legislature.mi.gov/%28S%28ynmpob0q1pdyg...
Non-Compete Agreements - Employment Contract Issues
A client worked as a commissioned salesmen for many years. His written employment contract contained a non-compete agreement. After leaving the job, the employer sued and sought an injunction to prevent the employee from working in his field, which would have been devastating for him and his family. The firm assisted the employee in avoiding an injunction, and also working out a resolution that allowed both him and his former employer the opportunity to move forward doing profitable work, without further litigation or ongoing disagreements. It was a good resolution for the client, who was faced with the loss of his ability to work in his occupation, due to a written agreement he had signed and worked under for years, several years before he retained our firm to assist him.
Government Employment – Employment Litigation
The firm assisted two public utility workers with reinstatement to their jobs in Traverse City. The City argued that they deserved to be terminated, but they were employed under “just cause” union contracts with the City that allowed the employees significant contractual rights to avoid termination, unless the government could establish a just and fair cause for their termination. After negotiations, the municipality agreed to reinstate the two employees to their full-time employment with full benefits.
Employment Law – Benefits and Compensation – Disability and Insurance
The firm assisted an individual suffering from debilitating cancer to pursue rights under disability and life insurance policies. Originally, the individual’s eligibility for benefits was denied, but the firm later assisted the individual with assembling and submitting appeals; for example, the firm gathered medical expert opinions and testimony from surgeons and treating physicians clearly substantiating the individual’s claims to benefits. With the firm’s help and added proofs and analysis, the individual prevailed on appeal and the individual’s eligibility to benefits was reinstated. The client and his family received their back pay LTD benefits and will also receive monthly LTD benefits going forward as a result of the win. The clients were very pleased to win the insurance benefits they paid insurance premiums for over the years, and to defeat the insurer’s claims that the benefits were not owed.
Employment Law – Benefits and Compensation – Employment Contracts – Non-Compete Agreements
A company underwent a change in ownership and the retained employees were asked to sign employment agreements that contained restrictive non-compete provisions. The firm assisted the employees with drafting alternative employment agreement language that better served the employee’s interests, which were acceptable to the company.
Employment Law -- Government Regulation
The firm recently assisted a healthcare professional accused of HIPAA and privacy violations in state law administrative proceedings. The firm helped defend the healthcare professional with keeping her license, and martialing evidence satisfying regulators that any perceived violation was inadvertent and minimal.
Employment Law -- Government Regulation
A licensed healthcare professional was charged with license violations and allegedly serious neglect causing the death of an elderly patient. A comprehensive investigation assisted the professional with preparing a defense and establishing that she did not commit the many violations with which she was charged. Evidence suggested this was a “scapegoating” situation at an understaffed facility. The matter was closed on favorable terms and the healthcare professional kept her license.
Employment Law
Many clients need assistance with reviewing employment contracts, noncompete agreements, and severance agreements. Sometimes these agreements are combined with either an employment contract also including noncompete agreements within it. Severance agreement also sometimes include noncompete provisions. The firm recently assisted a healthcare professional with the review of a severance agreement and an employment agreement, and assisted with resolving a number of noncompete issues. This allowed the healthcare professional to move on to a new, more competitive position.
Learn more about our expertise in:
SALES COMMISSION DISPUTES BENEFITS & COMPENSATION WHISTLEBLOWER CASES NON-COMPETES EMPLOYMENT LAW
GOVERNMENT REGULATION SUCCESS STORIES
Government Regulation, Accidents and Insurance
The Firm assisted a disabled attorney in an action under federal ERISA law to recover disability benefits under a private insurance contract the attorney purchased in the 1980’s. The insurer refused to pay the disability benefits, and an administrative appeal was taken to the insurer’s internal appeal department, which also denied the claim. Then, the Firm litigated the issue in federal district court and then the U.S. Sixth Circuit Court of Appeals to a successful victory and judgment in favor of the client on the merits of all the issues litigated. Recently, the firm filed a motion to recover more than $250,000 in attorneys’ fees and costs for the client from the insurer, on top of his overdue disability benefits.
Government Regulation, Accidents and Insurance Law
The firm assisted a disabled attorney who suffered from major depression disorder with litigating a disability insurance policy claim pursuant to the insurance policy and federal ERISA law. The attorney had been disabled for 18+ years when the insurer hired an IME doctor to assist it with cutting off his benefits. The firm pointed out to Provident during the administrative appeal process that its IME doctors’ opinions were deficient, but the insurance company refused to change its position and remained stubbornly recalcitrant and defiant about its responsibilities to pay benefits under the insurance policy. The firm took the case to federal district court, and at that time the insurer raised the stakes by filing a counterclaim for more than $600,000 in damages against the disabled man. However, the firm was able to obtain summary judgment and dismissal of the insurance company’s counterclaims in the trial court. Unfortunately, the trial court ruled in favor of the insurance company on the man’s claims to recover his ongoing benefits due and owing under the policy. However, the firm took the case on appeal to the United States Court of Appeals for the Sixth Circuit, and completely prevailed. The Court of Appeals ruled that the insurer must pay the man’s claims for benefits, and also entered a final judgment dismissing the baseless counterclaims brought by the insurer against the man. This was a total and complete victory for the client, after several years of litigation. The disabled man was vindicated. He prevailed on his claims for benefits, and the complete dismissal of the insurer’s counterclaims.
Government Regulation, Accidents and Insurance Law
The firm assisted a large commercial property owner with filing objections to a variance proposed for a neighboring commercial property in board of zoning appeal proceedings, and then in circuit court litigation. When the board of zoning appeals made a “split decision” type order, the firm filed a formal appeal and briefed the issues. A decision from the Circuit Court is currently pending.
Government Regulation – Accident Insurance
The firm assisted a disabled young woman in administrative hearings in the Medicaid fair hearing process. The state claimed it had no obligation to assist the young woman in finding direct care providers, raising a host of factual and legal arguments that it claimed supported its position. However, the firm presented persuasive evidence and legal arguments to the administrative law judge, who ruled in favor of the young woman the firm represented. The state’s arguments were rejected, as the firm had argued they should be in legal filings and during the hearing. The client prevailed.
Government Regulation -- Accidents and Insurance
A Traverse City resident filed a lawsuit against the City of Traverse City for failing to comply with the city charter’s requirement that protects parkland by requiring a supermajority vote of the people, before implementing significant changes in the use of city parkland. The client represented himself pro se and prevailed in his request for injunctive relief. The City and Great Lakes Fishery Commission filed an appeal in the Michigan Court of Appeals, and the firm appeared for the client to assist with the appeal. When the City and Great Lakes filed motions for peremptory reversal and to expedite the appeal, the firm filed responses in opposition to their requests. The Court of Appeals agreed and ruled in favor of the firm’s client, which preserved his victory in the trial court and also preserved a better, more fair and thorough process in the Court of Appeals, rather than a more rushed process that had been requested by the City.
Government Regulation Accidents and Insurance
A disabled woman needed assistance from the firm in obtaining care from government agencies. The firm filed an emergency lawsuit and obtained a court order requiring the government agency to provide her the care she needed and was entitled to under state and federal statutes. The case was ultimately resolved with a permanent injunction so that the disabled woman will be entitled to ongoing care, as is appropriate under the law.
Real Property Law – Government Regulation
The firm assisted a landowner with a moderately complicated process to sell property to a government entity. A public election was required for aspects of the deal. The voters approved the project and the sale was completed after months of work.
Government Regulation -- Accident and Insurance
An attorney purchased a long-term disability policy to protect him in case he lost his ability to practice law full-time. The firm assisted with providing advice and counsel, and when the insurer cut off LTD benefits, the firm filed suit in federal court under the ERISA statute to assist with reinstatement of the attorney’s LTD benefits.
Government Benefits – Long Term Disability Benefits
A government employee suffered multiple health issues that made working in full capacity impossible. With the firm’s assistance, the client was able to obtain long term disability, state retirement, and social security disability benefits.
Government Regulation Acts and Insurance – Personal Injury and Insurance Claim – Long-Term Disability Insurance Policy Claim
The firm was able to assist a professional employee who suffered cancer and other chronic illness recover substantial long-term disability insurance benefits under his own paid-for, private long-term disability insurance policy. Many people purchase private disability coverage under short-term disability and long-term disability insurance policies sold in the private marketplace. It can be a very smart move to buy your own disability coverage under a private disability insurance plan, because injuries, illness, and chronic disease can cause serious disability for employees and render them unable to work. A private long-term disability insurance policy can help pay bills in times of disability. This can provide disabled workers and their families much-needed money to help them make it through hard times caused by a period of disability, whether it is temporary disability or permanent/chronic. Sometimes insurers are far too aggressive in denying long term disability claims for seriously ill white collar workers, arguing that they allegedly “can still do his or her job” because office work does not involve heavy lifting. The firm has seen insurers deny long-term disability benefits to clients who suffered from strokes, cancers, and other serious chronic conditions that rendered them unable to do their professional jobs (even after paying insurance premiums for decades). The firm helped a client suffering from cancer and other chronic illnesses prove that he was “disabled” within the meaning of his long-term disability insurance policy by gathering appropriate evidence from numerous medical care providers, as well as the client and his family. The client’s long-term disability insurance benefits were paid “retroactively and in full” as a result of the firm’s efforts.
Government Regulation -- Civil and Statutory Rights
A disabled woman needed help getting government officials to provide direct care she was entitled to under law and that she had been receiving appropriately for years. However, during the COVID-19 pandemic, the government bureaucrats announced that they could no longer provide adequate care and suggested that the young woman give up her independence or move into an AFC home, even though that would take away her independent living in a less restrictive environment. The firm file suit on behalf of the disabled woman, and obtained a Court Order requiring the government officials to do their job and provide the care as required by law.
Health Care Law – Professional Licensing
The firm assisted a licensed physician with negotiations and potential licensing issues, as the doctor approached retirement age.
Government Regulation – Health Care Licensing and Defense
The firm assisted a licensed health care professional in keeping her license in good standing in response to complaints filed against her by the state and a former employer. Unfortunately, the client’s former employment with a downstate hospital had “gone south,” and as a result, a series of complaints were filed against her with the State of Michigan by the former employer. The firm was able to assist the client by thoroughly investigating the facts underlying each alleged “report” of supposed infractions and demonstrating to the State Attorney General’s Office that each of the series of reports was weak and/or false. The client’s license was protected and preserved through the firm’s efforts, and the client was pleased with the outcome.
Health Care License Law – State Licensing Issues
A health care worker was provided advice on licensing requirements and staff privilege issues.
Learn more about our expertise in:
GOVERNMENT REGULATION, ACCIDENTS & INSURANCE HEALTH CARE LICENSING & DEFENSE
HEALTH CARE LAW SUCCESS STORIES
Business Law – Medical Bills – No-Fault Insurance Law – Judgment and Dismissal
A client was seriously injured in a motor vehicle accident and obtained a judgment against two insurance companies (one from California and one a Michigan insurer) requiring them to pay her medical bills. Several years later, she was sued by a hospital for unpaid medical bills. The hospital’s collections attorney filed a lawsuit against the client in Grand Traverse County District Court, which the firm was able to get quickly dismissed by filing a motion for summary disposition based on the prior judgment against the insurance carriers. The client was extremely pleased with the quick resolution of the case in her favor.
Employment - Health Care - License Defense - Unemployment Benefits Appeal
A nurse working at a northern Michigan hospital for 12 years was fired over an allegation that she had allegedly “violated HIPAA” by speaking with the adult daughter of an older female patient. The daughter was a nurse at the same hospital as well as a “patient-contact” family member for the patient. The hospital also denied her unemployment benefits, as was its standard practice. The hospital was unable to produce any evidence of a HIPAA violation. The ALJ listened to the witness testimony, reviewed the documentary evidence, and properly concluded that the employer had failed to carry its burden of proving misconduct. The employer appealed the ALJ decision, and the employee again prevailed.
Health Care - Professional License Defense
A respiratory therapist was “written-up” and reported to the State of Michigan for alleged wrongdoing on the job. Our team was able to use its experience with scientific and medical issues to show the licensing board that the worker was not guilty of any serious errors or omissions. The worker’s case was resolved at minimal expense, and she kept her valuable professional license and health care career that had been in great jeopardy, before our team showed the allegations were inaccurate. Our team’s knowledge of the healthcare workplace and professions, along with our experience with scientific and medical issues, were key to getting a good result for the client.
Employment Law - Unemployment Benefits - Health Care - License Defense
A nurse working at a northern Michigan hospital for 12 years was fired over an allegation that she had allegedly “violated HIPAA” by communicating with the patient’s adult daughter. Unfortunately, hospitals too often claim that laid-off workers are “not entitled to unemployment benefits,” by claiming that “misconduct” violating policy (or threatening patient safety or rights) occurred before the lay-off.
In this case, the hospital’s claims of an alleged “HIPAA violation” were shown to be completely unfounded and inappropriate, a situation the firm unfortunately has seen with other female health care workers/medical employees. The hospital’s claim that the client “violated HIPAA” by talking to the adult daughter of the patient was baseless.
First, hospital policy allowed staff to talk to “family members” of patients, unless the patient indicated that was not desired. Second, the patient’s adult daughter was a nurse at the same hospital and was spoken to while she was wearing her nurse’s “scrubs” and employee identification when she picked up her mother from the appointment. Third, not surprisingly given that her daughter was a nurse, the patient had consented to having her adult daughter serve as an authorized medical contact.
The patient was an elderly woman, who lived in her daughter’s home. The nurse/daughter brought the patient to and from the appointment. In sum, the hospital employer’s claims for “misconduct” were without any reasonable support. The Administrative Law Judge ruled in favor of the client and indicated that the client did not commit misconduct, and that the hospital employer should have realized that the employee was acting in the best interests of the patient, as well as the hospital.
The ALJ listened to the witness testimony, reviewed the documentary evidence, and properly concluded that the employer had failed to carry its burden of proving misconduct. Remarkably, the hospital-employer took an appeal of the ALJ’s decision, but the firm briefed the issues and the employee again prevailed in the appeal.
Employment — Health Care Law — HIPAA — Technology
A nurse working as a reviewer for insurance companies was falsely accused of accessing a medical office’s computer “wireless” network. The medical office was (appropriately) concerned about the security of its wireless network, especially in light of new regulations from the federal government. However, the office had provided the nurse its wireless access code and given her permission to use its wireless network months before. When she returned for her next visit, her laptop computer automatically loaded the wireless password and accessed the wireless system. The medical office was very upset that the wireless system had been accessed (certainly somewhat appropriately), but the office’s employees unreasonably refused to acknowledge that this was an innocent mistake, at least partly of their own making. They had given the nurse the password on her prior visit; it is common knowledge that laptop computers often automatically “save” passwords/wireless accesses. There was no claim at any time that the nurse did anything wrong or inappropriate with the access - indeed, she was still allowed access to do her job. Unfortunately, the medical office’s employees created significant difficulties for the nurse with her employer, with baseless charges of wrongdoing, and also involved an attorney who at least momentarily claimed that the client was guilty of a “federal crime.” The actions of the employees at the medical office seemed to repeatedly “make mountains out of molehills” and pressing toward making an innocent mistake (that they shared responsibility for and which caused no harm to any patient – and no unauthorized access whatsoever) a “federal crime.” Mr. Zelenock and his firm were able to persuade the medical office and its attorneys to be much more reasonable and to accept their share of responsibility. They quickly admitted that there was no evidence of any crime, and the matter could be closed without further harm to the nurse. It was a good resolution for the client, after she had faced a difficult cascade of unreasonable behavior targeting her.
Government Regulation – Health Care Licensing
The firm recently assisted a health care worker with defending her license against claims that she inappropriately forged a supervisor’s signature on a form. The firm helped the client prepare a thorough defense and gather evidence that supported her innocence, and also assisted the client at an investigatory interview with state officials. As a result, the state was persuaded that the client had not done anything wrong and dropped the matter at the investigation stage without filing any charges against the client. The client was very pleased with the favorable outcome and kept her license “clean” of any allegation or charges.
Government Regulation -- Health Care Licensing
A health care worker was fired unfairly after a difficult incident with a very sick patient in an emergency room. The employer/hospital first claimed that the client may have been in some way responsible for the incident, which involved a very sick older patient brought in to the emergency room under very unstable condition. The firm was confident that the client did not do anything wrong, but instead did a good job dealing with a very sick patient brought into the emergency room in very bad shape, due to underlying health problems that were in no way the client’s fault. The hospital ultimately agreed that the client had not done anything wrong and the client kept her health care license “clean” and her professional employment in the healthcare field, despite the initial bogus claims raised against her.
Learn more about our expertise in:
LITIGATION SUCCESS STORIES
Wills, Trust and Probate Law
Following the sudden and unexpected death of a woman, the firm assisted a client probate her will.
Probate Administration - Real Property
The firm assisted a client with a probate administration and challenge to the equal distribution of the estate.
Probate Administration - Oil and Gas
The firm recently assisted a client with a probate adminstration involving assets held in multiple states. With the firm's assistance, the client was able to locate the various assets and effectuate transfers of those assets into the family's trust.
Probate Administration
The firm assisted a client with a probate administration and locating/obtaining insurance benefits payable to the Estate.
Probate Administration - Real Property
The firm assisted a client in locating and obtaining information and documentation from another state that was needed to effectuate the transfer of property.
Probate Administration - Real Property
The firm recently assisted a client with a probate administration following the death of a family member. The client was appointed personal representative and with the firm's assistance, was able to resolve claims against the Estate in order to effectuate a sale of real property and subsequent disbursement of Estate proceeds to heirs.
Litigation - Partnership Dispute
The firm assisted with litigation against the former managing director of a partnership, alleging that the former managing partner had breached fiduciary duties and partnership obligations and effectively overcompensated himself in a number of ways at the expense of the partnership. The firm litigated the case in circuit court, and a judgment was entered in favor of the partnership for over $150,000. The former partner has appealed, and the firm is representing the client in upholding the judgment in the Michigan Court of Appeals.
Wills, Trusts, and Probate
A man died as a result of Covid-19, leaving behind a business and a number of assets. His adult children in the man’s wife all had some claims to these assets. The firm assisted the adult children with negotiating a fair settlement of their share of the estate.
Probate Administration – Unclaimed Property
The firm recently assisted a client with probate administration following the unexpected death of a family member. During the administration process, the firm discovered a significant amount of money held by the state as “unclaimed property.” With the firms help, the client was able to claim the funds from the state for the benefit of heirs.
Probate Administration – Real Property
The firm recently assisted a client with probate administration following the death of a family member. The client was appointed personal representative and entered into a contract to sell real property held by the deceased family member. However, the real property had multiple title issues that prevented the sale. The firm was able to review the title history and address the issues to effectuate the real property transfer.
Insurance Litigation - Civil Litigation - Insurance Law - Alleged Overpayments of Benefits-Summary Judgment - Claims of "Mistake" of Law
A major insurer filed claims against Mr. Zelenock's client, claiming that it had "overpaid" tens of thousands of dollars in insurance benefits to the client, due to "miscalculations" of benefits owed. The insurer periodically increased its demand for money during the litigation, starting with a demand for approximately $77,000 in "repayments," then increasing to the $135,000 range, and finally demanding more than $295,000 from the client. Mr. Zelenock investigated these claims and deposed several insurance representatives, who eventually admitted that the client had provided accurate information to the insurer and that any "overpayment" resulted from the insurer's own mistakes in applying the No Fault Law to the facts of the case. Mr. Zelenock filed a motion for summary disposition based on the legal principle that an insurer generally cannot recover payments made due to its own "mistake of law." The motion was granted, and the insurer collected nothing on its $295,000+ claim against the client.
Probate Law – Civil Litigation
An appointed conservator needed assistance in probate court handling accountings and other probate court hearings and issues. The firm professionally assisted and counseled her, and she was able to complete all of her probate court tasks successfully.
Civil Litigation -- Defamation
The firm defended a client accused of defamation in circuit court litigation and the Court of Appeals. A stay of the litigation was obtained for the client, because unique legal issues were raised before the Court of Appeals. The client was pleased with the defense and stay pending appeal.
Real Property Law -- Civil Litigation
The firm recently assisted a client in a dispute with a family member over inherited land. After some litigation, the matter was resolved on favorable terms.
Government – Administrative and Agency – Litigation and Appeals
The firm was recently successful in assisting a severely disabled individual to obtain higher-skilled health services through a governmentally regulated body. The firm aggressively litigated and negotiated on behalf of the individual, citing regulatory and factual authority supporting the individual’s claim. The firm prevailed, recovering the benefit of higher and specialized care for the individual.
Learn more about our expertise in:
LITIGATION AND APPEALS NO FAULT INSURANCE
PREMISES LIABILITY SUCCESS STORIES
Premises Liability - Slip and Fall on Ice and Snow - Construction Defect
A woman slipped and fell on an icy patch created by a construction and drainage defect at a fast food restaurant. She suffered several lower leg fractures. The company sought to blame her for falling, despite the restaurant's failure to clear the walkways. A site visit during a snowstorm provided key evidence regarding the restaurant's snow and ice removal practices (or the lack thereof), and a fair settlement was promptly reached in the case.
Ankle Fracture – Defective Machine – Premises Liability — Insurance Litigation
A father of 3 young children was working near a heavy piece of equipment in a rural area. The equipment (a firewood conveyor) had been “cobbled together” from spare parts by a homeowner and was defective in a number of ways. The machine collapsed and caused a devastating “pilon fracture” in his ankle. These injuries threatened amputation or fusion and disabled him from full-time work as a mason. He required multiple serious surgeries and was told from the outset by his surgeons that his ankle injuries were permanent, and he would not regain anything close to his pre-accident status as to his ankle. The insurance company would not pay the claim. It instead chose to litigate with multiple lawyers, paying at least three law firms (each with multiple lawyers) to resist making proper payment on the claim. Mr. Zelenock’s firm fought tenaciously for the client’s rights and ultimately defeated the insurance company completely in two lawsuits in state circuit court. After a great deal of nonsense driving up attorneys’ fees and expenses for all concerned, the insurer eventually capitulated and paid the “full policy limits” of $300,000, which it should have done immediately after the accident without any litigation, given the obvious defects in the machine and the resulting severe, permanent, disabling injuries.
Insurance Law – Workplace Injuries
The firm assisted a worker who was injured overseas while performing missionary work, including assisting with assessing worker’s compensation benefits available in the United States as a result of the accident.
Personal Injury – Negligence
The firm was able to assist a client in recovering a monetary settlement, after she was injured in a premises liability incident. Michigan’s “open and obvious” doctrine makes premises liability cases involving snow and ice difficult in many circumstances, but this case was an exception. As a result, the client received a favorable settlement.
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Sexual Harassment - Unemployment Benefits Appeal
A 22 year-old waitress working at a resort restaurant was sexually harassed by her boss and a customer; she quit and the company denied her unemployment (UIA) benefits stating it was a voluntary quit. On her first day of work, the owner of the restaurant told her to go over to the bar area near a middle-aged male customer. She complied with the owner’s request, and the customer insisted she turn around for him (so he could admire her body); the owner nodded to her, agreeing that she should do this. She began to turn but realized the purpose and walked away. She reported the incident to her supervisor, and he told her to get used to this behavior because the customer was a regular. She returned on to work again the next day, and the same customer came in and she had the same experience. She quit, indicating she could not work under the conditions where an owner would condone such behavior. The employer appealed her initial award of UIA benefits and won; the waitress came to the Jay Zelenock Law Firm for assistance, and she appealed the redetermination decision. The ALJ concluded she should not have to endure that type of behavior in the workplace, and a reasonable, average or otherwise qualified worker would give up her employment in such circumstances. The ALJ reversed the redetermination decision and awarded her benefits.
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SHORT TERM AND LONG TERM DISABILITY BENEFIT SUCCESS STORIES
Government Benefits – Long Term Disability Benefits
A government employee suffered multiple health issues that made working in full capacity impossible. With the firm’s assistance, the client was able to obtain long term disability, state retirement, and social security disability benefits.
Insurance – Long Term Disability (LTD) Benefits
A tax professional suffered from several health problems that prevented her from effectively performing her job. Thankfully the client had purchased a long-term disability (“LTD”) policy and paid premiums for years. When her health problems became too severe, the client sought the firm’s assistance with navigating the LTD application as well a separate disability retirement policy available through her employer. With the firm’s assistance, the client was able to effectively transition over to her employer’s disability retirement policy as well as receive her long-term disability benefits.
Insurance - Long Term Disability (LTD) Benefits
A professional engineer working for utility company for 8 years was denied long-term disability benefits after a stroke diminished his mental and physical abilities and he was no longer able to perform his work. The employee had a stroke, took significant time off to recover and rehabilitate, and tried to return to work in his former position. However, his mental abilities did not return to normal and he suffered from memory and learning deficits. Due to constant changing technology, significant stress at work, and the inability to maintain stamina, he was unable to continue working in his prior position. The employer denied his long-term disability. The Jay Zelenock Law Firm put him in touch with a vocational rehabilitation expert, acquired affidavits from co-workers about his abilities, and assisted with providing vital information to the employer and its insurer. The employer and insurer dropped their appeal and awarded the employee his LTD benefits.
Insurance - Long Term Disability (LTD) Benefits
A 63-year-old man worked in media advertising sales. He developed complicated medical conditions, including a shattered bone in his foot, afibrillation, poly-myalgia rheumatic, and esophageal cancer. His doctors indicated that he was totally disabled. He went on short-term disability and applied for long-term disability. He received short-term disability but the insurance company denied his LTD. He appealed, and Mr. Zelenock called in a vocational rehabilitation expert, who also concluded he was completely disabled from work. Upon receipt of the expert report, the insurance company withdrew its denial and began paying the LTD benefits.
Insurance - Long Term Disability (LTD) Appeal
A products/manufacturing engineer suffered a stroke and several other health problems, after many years in the industry. He and his company had paid for Short Term Disability benefits and Long Term Disability benefits for many years. The stroke left him with very bad memory problems, and impaired his ability to learn and retain new information due to cognitive deficits and neurological (brain) injuries. Nevertheless, the Long Term Disability insurer refused to pay his benefits. The Jay Zelenock Law Firm helped the client prove he was entitled to the LTD benefits, through careful review of the insurance policy and the medical records. The firm obtained key statements from the clients’ treating doctors, which lead the insurer to change its mind and agree to pay the Long Term Disability benefits for the client. This made a huge difference for the client’s life, as he was in his 50’s and had lost his ability to work and earn a paycheck in the engineering field that he had worked in his whole life. The Long Term Disability benefits were key for him.
Long Term Disability (LTD) — Insurance Claim — Cancer Victim
A 63-year-old professional with life-long executive employment, including work in media and advertising sales developed complicated medical conditions, including esophageal cancer. He also suffered from orthopedic injuries (shattered bone in his foot), and some afibrillation, poly-myalgia rheumatica, and depression as a result of the many challenges he faced including a poor prognosis.
He had done the right thing throughout his life, including paying premiums for a long term disability (“LTD”) insurance policy for many years. Now that he needed the LTD coverage he had paid for, the insurance company refused to pay, making life difficult for him and his wife, under already challenging circumstances.
Mr. Zelenock and the firm worked closely with the client and his treating physicians to understand the client’s complicated medical circumstances, which involved interrelated, overlapping health problems. The firm retained vocational experts to help prove and explain thoroughly to the insurance company the facts about the client’s tough medical situation and the virtually non-existent chance that the client could ever be employed in the competitive Northern Michigan employment marketplace, especially given the challenges of his medical conditions, combined with aging and the slow “post-crash” economy in 2010-2012.
Once the firm assisted the client in preparing a detailed explanation of his medical conditions and disabilities, which were supported by his treating physicians and an independent vocational expert retained by the firm to assist the client, the LTD insurer finally agreed to pay the LTD benefits due and owing, much to the profound relief of the client and his wife.
Employment Law – Benefits and Compensation – Disability and Insurance
The firm assisted an individual suffering from debilitating cancer to pursue rights under disability and life insurance policies. Originally, the individual’s eligibility for benefits was denied, but the firm later assisted the individual with assembling and submitting appeals; for example, the firm gathered medical expert opinions and testimony from surgeons and treating physicians clearly substantiating the individual’s claims to benefits. With the firm’s help and added proofs and analysis, the individual prevailed on appeal and the individual’s eligibility to benefits was reinstated. The client and his family received their back pay LTD benefits and will also receive monthly LTD benefits going forward as a result of the win. The clients were very pleased to win the insurance benefits they paid insurance premiums for over the years, and to defeat the insurer’s claims that the benefits were not owed.
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SHORT TERM DISABILITY CLAIMS INJURY AND DISABILITY INSURANCE INSURANCE COVERAGE
VETERAN'S RIGHTS SUCCESS STORIES
Employment Law - Veterans Rights
A governmental employee, who was also an honorably discharged United States Air Force veteran, was unfairly fired by a city manager after the employee made Whistleblowing reports to the State of Michigan’s Department of Natural Resources. But Michigan’s Veterans Preference Act, MCL 35.401 et seq, does not allow a municipal employer to fire a protected veteran without providing appropriate notice and a hearing to ensure fairness. The firm assisted the employee with pursuing his rights under the VPA as an honorably discharged U.S. Air Force veteran. The Veterans’ Preference Act is a statute that all honorably discharged veterans should know about, especially if they work for state or municipal government.
Employment law –Veterans Rights
The firm assisted a US Army veteran discharged from public service employment by bringing claims under the Veterans Preference Act and the Whistleblower Protection Act. The Veterans Preference Act is a state statute that requires public employers (governmental employers) to give certain procedural and substantive due process rights to veterans in public employment, with certain very limited exceptions. The client was a U.S. Army veteran who had served two tours of duty overseas in Iraq and had been injured while deployed in Iraq due to IED’s and rocket attacks. In the firm’s view, he was a perfect example of the type of soldier-employee that the VPA was intended to protect. The firm filed a lawsuit in the 13th Circuit Court seeking to enforce the veteran’s legal rights, and the case was reported on by the Traverse City Record-Eagle, https://www.record-eagle.com/news/local_news/former-bata-employee-sues-claiming-retaliation/article_52a078d4-bbe0-11ea-9757-37dd8d79330b.html
Veteran’s Rights - Veterans Preference Act – Government Employment
In 2013, the firm helped an honorably discharged U.S. Air Force Veteran gain reemployment with a local government facility who terminated him in spite of the Veterans Preference Act (“VPA”), MCL 35.401, et seq. The VPA gives certain procedural safeguards (such as a fair hearing) and a hiring preference to qualified veterans seeking employment in a public department or public works of the state, county, city, etc., with limited exceptions. Because the local government facility terminated the Veteran without proving that he had committed “official misconduct” or other serious violations and failed to give the Veteran a full hearing, he was re-awarded his position. The firm even helped the Veteran ensure that his unemployment benefits were paid for the period he was unemployed as a result of the facility’s wrongful firing.
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VETERANS' RIGHTS
Another Satisfied Client
“In the midst of a very difficult and uncertain situation, Jay's careful personal attention to our case helped us weather the storm and reach a successful conclusion. He always made time for our questions and concerns.”
-Former Client
What Our Clients Say...
“We only can state that working with the Zelenock Law Firm is confidence-inspiring. Jay is accessible, he listens, he is knowledgeable and he executes.”
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Clients Testimonial
"If you're in crisis or simply have a question, the team at the law firm of Jay Zelenock wants you to get what you need so that you can move forward. They are smart, respectful, caring and down to earth"
-Former Client