MBL’s Appellate Team Leader, Kaitlyn Cramer, successfully defended a trial victory with a recent Michigan Court of Appeals decision.

MBL Executive Partners Marc McDonald and Randi Davis previously obtained a No-Cause verdict in a trial where the plaintiff’s pre-suit demand was nearly $1 million and the tort carrier had paid $650,000. Following the verdict, the plaintiff appealed, arguing that the trial court allowed evidence and arguments during the case that were highly prejudicial and demanded a new trial.

Cramer led the appellate defense, with assistance from MBL Associate Jeremy Bass, and obtained a ruling from the Court that endorsed the defense team’s arguments regarding fraudulent and excessive treatment. The Court’s opinion specifically notes that McDonald and Davis’s theory of the case was supported by the clear evidence, which included surveillance, fraudulent replacement services submissions, and credibility issues regarding Plaintiff’s doctors. In fact, following Cramer’s oral argument, the Court condemned plaintiff’s arguments as “not meritorious.”

The decision carries significance beyond the underlying tort action, as it also impacts a related provider lawsuit brought by the plaintiff’s surgeon and therefore avoids exposure for both cases.

MBL’s trial and appellate teams work closely together throughout any trial to ensure that a favorable verdict stands, and this ruling shows the outcome of an integrated approach – that coordination of pre- and post-judgment efforts can result in “appeal-proof” victories.

Congratulations to the team on another outstanding result and their unwavering commitment to client success.