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Where the defendants in a medical malpractice suit have moved for summary judgment, that motion should be allowed in part and denied in part, as the plaintiffs are foreclosed from recovering for decreased odds of survival pursuant to the Michigan Supreme Court’s decision in Wickens v. Oakwood Healthcare Sys., 465 Mich. 53, 62; 63 N.W.2d 686 (2001), but a jury may conclude that the defendants’ negligence in failing to order imaging was a proximate cause of the plaintiff developing brain metastasis requiring radiation treatment and causing him to suffer pain, anguish and loss of earnings.
Layoffs often accompany corporate bankruptcy, and employers should be aware of the legal obligations that impact mass layoffs and plant closures. Most notably, the federal WARN Act.
Large employers intending to lay off a significant number of their employees are required by the Worker Adjustment and Retraining Notification Act of 1988 (the "WARN Act") to give the.
Massachusetts Court dismissed, pursuant to Fed. R. Civ. P. 56, ERISA claims brought by a former employee who retired early at the age of 62 and receives retirement benefits in the form of a joint and survivor annuity. Belknap v. Partners Healthcare Sys.