McClain v. University of Michigan Board of Regents - The loss by miscarriage of a non-viable fetus is enough of a physical injury to permit recovery of damages for emotional distress.
Kenkel v. The Stanley Works - A claim for breach of implied warranty for a sliding door system may be maintained even when the plaintiff admits the product was not defective in manufacture or in design, in light of the defendant's expert's acknowledgement that the accident would not have occurred if it had worked properly. Another holding: the caps on non-economic damages adopted in 1995 for product liability cases are constitutional. (The similar caps in medical malpractice cases were upheld in 2002 in the case of Zdrojewski v Murphy, 254 Mich App 50 (2002).)
Ayre v. Outlaw Decoys, Inc. - When there is more than one plaintiff, the attorney for the defendant may not recover all of his fees as case evaluation sanctions. The award of attorneys' fees may properly be based only on the portion of the defense attributable to the rejecting plaintiff.
Patel v. Wyandotte Hosp. and Medical Ctr., Inc. (unpublished, PDF) - The plaintiff, an Indian physician, had raised a jury question as to the claim of discrimination based on national origin. The physician's employment was terminated after several complaints of inappropriate sexual contact with patients. The employer's investigation had included references to his race and his Hindu religion and its alleged prohibition against touching females.
Holland v. The Gordy Co. (unpublished, PDF) - A plaintiff's attorney who inadvertently received privileged documents in the course of discovery was held to have violated ethical rules by reviewing the documents and by failing to notify the defense attorney of the error.
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