Attached is the amicus curiae brief I wrote and filed in the Michigan Supreme Court on Friday, November 30, 2012, concerning the issues to be addressed by the Court in the near future. Oral argument has not been set.
The case is Bailey v. Schaaf, et al., Supreme Court Docket No. 144055. The question being addressed by the Court is whether landlords and property management companies have a duty to prevent or otherwise respond to potential criminal acts or assaults perpetrated on their tenants and their guests. The Court is considering whether to extend the ostensible duty articulated in MacDonald v. PKT, Inc., 464 Mich. 322 (2001), “to involve the police when a situation on the premises poses an imminent risk of harm to identifiable invitees…to landlords and other premises proprietors, such as the defendant apartment complex and property management company.”
The outcome of this case will have significant impact on commercial and residential property owners, property management companies, and their insurers.
If anyone has any questions concerning this case, please do not hesitate to call or e-mail me. Thanks, Carson
Here is the brief:
Amicus Curiae Brief for MDTC in Bailey v. Schaaf, Supreme Court Docket No. 144055
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Published by Carson J Tucker, JD MSEL
Owner of law firm since July 2014; Handles all types of appellate matters and assists other lawyers with complex litigation and insurance coverage issues; Admitted to the Supreme Court of the United States, the Sixth Circuit Court of Appeals and the State Bar of Michigan; Expertise in prosecuting and defending appeals with several significant successes in the Sixth Circuit Court of Appeals, the Michigan Supreme Court and the Michigan Court of Appeals; Author of briefs amicus curiae in the Michigan Supreme Court for the Michigan Defense Trial Counsel and the Insurance Institute of Michigan; Represents Insurance Companies, Major International Business, Governmental Entities, Law Enforcement Officers and County Sheriffs.
Board of Directors, Michigan Defense Trial Counsel
Amicus Committee Co-Chair, Michigan Defense Trial Counsel
Military - Retired Major in the Judge Advocate General (JAG) Corps of the United States Army, Brigade Judge Advocate and Staff JAG officer for the Maneuver Training Center, Camp Grayling, Michigan; Recipient of the Army's Meritorious Service Medal (the highest medal of honor available to Soldiers serving in non-combat roles); 2012 Graduate of the Judge Advocate Officer Advanced Course, at The Judge Advocate Legal Center and School, Charlottesville, Virginia.
United States Navy Reserves, Combat Warfare Qualification, January 1989 to July 2003
Former law clerk to Justice Stephen J. Markman, Michigan Supreme Court, Research Attorney, Michigan Court of Appeals. Insurance Coverage Associate Plunkett Cooney; Environmental Law Attorney at Squire Sanders, now Squire Patton Boggs; Master's Degree in Environmental Law; Environmental Law Scholar, ALI/ABA Washington, D.C., Juris Doctorate, Vermont Law School, Environmental Editor, Vermont Law Review; Treasurer and Finalist, Moot Court Advisory Board.
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