Giarmarco, Mullins & Horton, P.C.

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Employment, Whistleblower Protection Act

The state Court of Appeals tossed out a jury’s $1-million award for a former Genesee Intermediate School District employee who was fired from her position after she allegedly misused taxpayer money to fund an affair. The appeals court overturned the jury verdict and ordered a new trial in the lawsuit brought against the GISD by former Assistant Superintendent Beverly Knox-Pipes.

$933,052

Contract Dispute, Hidden Fees

Midland County won a $933,052 jury verdict against Blue Cross Blue Shield of Michigan over allegations that it billed the county hidden fees to administer its health benefits.

Medical Malpractice

GMH partners LeRoy H. Wulfmeier and John R. Fleming secured a victory for their clients in a medical malpractice jury trial. The case involved allegations regarding the treatment of thoracic outlet syndrome and a deep vein thrombosis. The Oakland County jury returned a verdict in favor of the defendants.

Workers' Compensation, Mental Disability Claims

Michigan Court of Appeals issued a published decision in Cramer v Transitional Health Services of Wayne (Dkt. No. 347806). The Court of Appeals ruled in favor of Transitional Health, affirming an earlier decision from the Michigan Compensation Appellate Commission. The case involved a request to modify the causation standard for mental disability claims under the Michigan Workers’ Compensation Act.

Employment Discrimination, Retaliation

Timothy Mullins, Kenneth Chapie and John Miller had a significant victory in the 6th Circuit Court of Appeals. A female high-school basketball coach in Michigan failed to show she experienced unlawful retaliation after she won a previous sex discrimination lawsuit against the school district. The Sixth Circuit affirmed summary judgment for the school district.

Product Liability

A six-person jury in Fort Lauderdale, Florida, recently decided that a glass shower door was not defective and did not cause a Home Depot customer’s injury. Liza Favaro led the defense of the company responsible for the door’s production. The plaintiff’s claimed injuries included a hand laceration and permanent nerve damage due to the presence of an alleged sharp condition on the door, but the jury’s decision means that the plaintiff recovered no damages.