Clark, Wagner and Chubb Prevail in Court of Appeals

On August 13, 2020, the Michigan Court of Appeals issued its decision in Frick, et al. v Hurley Medical Center, COA Dkt. No. 346747 (Mich Ct App 2020), a putative class action involving retiree healthcare benefits. The issue in Frick was whether Hurley Medical Center’s (“HMC”) 1999 Employee Handbook: (1) was an enforceable contract; and, if so (2) did it create a non-modifiable, lifetime right to a specific insurance plan.

In a thorough 15-page opinion, the Court held that the Handbook was not a contract under Michigan law and, therefore, granted summary disposition in favor of HMC. This is a significant victory for the City of Flint’s lone public hospital. The decision will help keep HMC in a strong financial condition, and allow it to continue providing the Greater-Flint community with first-rate medical care. Congratulations, John, Geoff and Tony!

John Clark is an equity partner and the Chair of the Municipal Practice Group. He concentrates his practice in the areas of labor and employment law, servicing clients in both the public and private sector. Mr. Clark represents a variety of public and private sector clients, including several high-profile Metro Detroit cities and townships, private sector manufacturing companies, non-profit organizations as well as public and charter schools. He has an AV Peer Review Rating from Martindale-Hubbell, the highest possible ranking for ethical standards and legal ability.

Geoff Wagner is an equity partner and a member of the Litigation Practice Group. He specializes in appellate practice, commercial litigation, municipal law and personal injury. Geoff has an AV Peer Review Rating from Martindale-Hubbell, the highest possible ranking for ethical standards and legal ability. He has been named a Top Lawyer by DBusiness Magazine, a Rising Star by Super Lawyers, and a Leading Lawyer by Law Bulletin Media.

Anthony Chubb is a partner in the firm’s Municipal Group. Mr. Chubb has over a decade of experience representing municipalities and governmental entities in the areas of labor and employment law, governmental immunity, prosecution, water quality and rate setting defense, medical and recreational marijuana regulation, and administrative law. He has an AV Rating from Martindale-Hubbell, and has been recognized as a Rising Star by Super Lawyers.