Blog Posts
Featured Blog Posts
The latest from our team at Hertz Schram, where we provide our clients with the bold,
forward-thinking and uncommonly creative legal solutions they deserve.
The Thrill is Gone, But the Problems are Just Beginning: A Cautionary Tale
2015 saw the end of legendary bluesman B.B. King. While the 15-time Grammy winner died peacefully in his sleep, the time since his passing has been decidedly less so. King’s estate, which is estimated to be anywhere between $5…
Videotape Testimony Can Be Powerful Evidence When Mental Competency is Questioned
A California judge dismissed a challenge to the mental competency of 92 year old billionaire Sumner Redstone (Viacom and CBS’s controlling shareholder) after reviewing videotaped testimony where Mr. Redstone appeared to be competent and clearly indicated his desires to…
Michigan Custody Law Must be Amended to Encompass Artificial Reproductive Technology
Michigan is considering an amendment to the Child Custody Act that will enable parents who have children as result of in vitro fertilization from anonymous sperm and egg donors to be legally considered the child’s parents. Based upon current…
Michigan Court of Appeals Confirms That Proximate Cause Is A Question Of Fact In Medical Malpractice Cases
In Jennifer Stamler v Anuj Mittal, M.D. and M-Amin Badawi, M.D., Case No. 325261 (March 10, 2016), the Michigan Court of Appeals reversed the trial court’s decision granting summary disposition in favor of the defendant physicians in a medical malpractice case. In reversing…
Department of Labor Changes Financial Advisers’ Standard of Care Rule
The Department of Labor dramatically changed the landscape for financial advisers and investors, announcing final rules that will change most financial advisers standard of care to clients from a “suitability” analysis to a “fiduciary duty”. A fiduciary duty is…
Class Action Filed on Behalf of Flint’s Poisoned Children
March 29, 2016 (Flint, Michigan) Hertz Schram PC has filed a class action lawsuit on behalf of Flint’s children who were poisoned by drinking and bathing in its tap water. This class action is unique in that it seeks monetary…
Supreme Court of the United States Hears Controversial Abortion Case
On March 2, 2016, the Supreme Court of the United States (“SCOTUS”) heard oral argument in Whole Woman’s Health v Hellerstedt, a critical abortion rights case challenging a 2013 Texas law requiring medical facilities where abortions are performed meet ambulatory…
Contract Attorney’s Quest for Overtime Pay Fails
On December 30, 2015, a federal court in New York dismissed Plaintiff William Henig’s claim against the law firm of Quinn Emanuel Urquhart & Sullivan LLP and the legal staffing firm Providus, for overtime wages…
Can Your Lawyer Inherit Your Assets?
Is it acceptable practice for a lawyer to prepare estate planning documents that leave a client’s assets to him or her? A very interesting case pending before the Michigan Supreme Court should answer this question. The Michigan Code of…
Conduit Loans Are Back…proceed With Caution
Attention Michigan owners of commercial real estate; conduit lending has made a dramatic comeback from the crash of 2008. It took some time but conduit loans have been readily available for qualified projects, not just trophy properties, even in…
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