An “appeal” involves a complaint to a superior court of an error allegedly committed by an inferior one, whose judgment or decision the superior appellate court is asked to correct or reverse. When you find yourself and your case heading to appeal, the trial court judge has just made a decision that is either great or horrible from your perspective. When that occurs, and the success of your case may now come down to resolution of a single issue, you need an experienced team to handle your appeal. We have that appellate team here at Henn Lesperance.
Named partner Bill Henn has successfully handled appeals on a wide variety of legal issues for over 20 years of practice, including oral arguments before the Michigan Court of Appeals, Michigan Supreme Court, and the United States Court of Appeals for the Sixth Circuit. Partner Andrew Cascini also handles appeals of employment discrimination and civil rights cases in federal and state court, and of labor disputes before administrative adjudicative bodies like the National Labor Relations Board and the Michigan Employment Relations Commission. Andrea Nester and David Busscher, both former research attorneys at the Michigan Court of Appeals, assist Bill and Andrew in the appellate practice here at Henn Lesperance. View Past Cases
Like many of our practice areas at Henn Lesperance, our experience handling business disputes arose from firm clients asking us to help them with more than just the defense of personal injury or medical malpractice lawsuits. Often these disputes cannot be avoided because, as you know from your own experience, things do not always go as planned – contractual promises get broken and business partnerships break down. When that occurs, common sense would dictate that you want to retain counsel that you can trust, who will treat your problem and the solution as if it were their own (and not a firm money-making opportunity). That is what we do every time.
At Henn Lesperance, we have assisted clients in both enforcing and terminating contracts with contractors, suppliers, and business partners. We have also assisted firm clients in dissolution of their partnerships. And perhaps even more importantly, we have assisted clients in consulting on these matters before the dispute turns into litigation.
At Henn Lesperance, we are actual trial and appellate lawyers, not mere litigators. We have the horsepower and experience to successfully handle nearly any type of civil litigation you could possibly find yourself in. And because we actually try cases before juries and judges – and argue before the appellate courts, we set a strategy from the outset that is focused on your desired resolution, whether that is a favorable early resolution or defense of the matter (and your reputation) to the end.
We believe this approach is why our current clients have asked us to represent them in many types of civil litigation, including, for example:
– Contract Disputes
– Property Disputes
– Regulatory Law Disputes
– Business Dissolution
– Citations by CMS (Centers for Medicare and Medicaid Services)
– Negligence Defense
– Civil Rights Claims
– Insurance Defense
– Premises Liability
– Governmental Immunity
Employment and Labor
An employer’s business depends on the knowledge and skill of its workforce, the affordability of its labor costs, and its relations with its employees. Henn Lesperance’s Employment and Labor practice group represents both public and private sector employers of all sizes, from family-owned service companies to unionized health care providers, and from Michigan’s largest counties to some of its most rural municipalities. Whether our clients are facing an employee relations crisis, an arbitration demand from a union, or a federal discrimination lawsuit, Henn Lesperance will serve as your representative, advisor, counselor, investigator, or litigator.
Partner Andrew Cascini leads our labor and employment practice. Mr. Cascini and his team assist employers with issues such as:
- Labor Arbitration
- Employment Discrimination Litigation
- Collective Bargaining and Labor Relations Counseling
- External Investigations
- Employee Handbook and Personnel Policy Drafting and Revising
- Unfair Labor Practice Litigation
- Federal Employment Law Compliance and Counseling
- Management and Employee Training
Founding member Bill Henn has successfully represented many government entities throughout Michigan, especially County Road Commissions, for nearly 20 years. Partner Andrew Cascini also has extensive experience representing counties, townships, municipalities, and police and fire departments. Bill and Andrew regularly provide firm clients with presentations and publications to keep them abreast of developments in the law.
Our firm’s work in governmental law is wide-ranging. We have extensive knowledge and experience representing government entities in the litigation context, from pre-suit investigation through appeal. However, our services reach far beyond litigation. We counsel our clients on the full spectrum of issues they face, including contract negotiation, permit disputes, FOIA requests, insurance disputes, property damage claims, development of policies and procedures, legislative activity, employment and labor relations, civil rights defense, and more.
As our medical malpractice practice has grown, so has the need for our assistance with health law matters. Specifically, we have assisted clients in performing HIPAA analyses and recommendations (including risk assessments), reviewing and drafting both internal policies and external contracts, providing guidance on various changes to Michigan and federal laws, and investigating and responding to CMS violations (e.g., EMTALA). Whether you are considering a system-wide change or you have a quick question about a single issue, our team is ready to help.
Named partner Kevin Lesperance has successfully defended healthcare professionals and healthcare institutions for over 20 years. This includes, for example, successfully defending family medicine doctors, internists, hospitalists, emergency room physicians, radiologists, anesthesiologists, cardiologists, dermatologists, pediatricians, urologists, general surgeons, trauma surgeons, cardiothoracic surgeons, orthopedic surgeons, colorectal surgeons, vascular surgeons, obstetricians and gynecologists, neurologists, nurse midwives, certified nurse anesthetists, physician assistants, nurse practitioners, registered nurses, licensed practical nurses, nurse aides, physical therapists, and occupation therapists.
At Henn Lesperance, we understand that a medical malpractice lawsuit is never “just business” to the healthcare provider; it is always personal. We find that our clients made the great sacrifices necessary to begin and maintain their medical careers to help others, and as a result it is extremely difficult to be accused of wrongfully harming a patient. That is why, although some cases need to be resolved during the pre-trial process, when our client believes that she or he did nothing wrong, and Michigan-based experts in their chosen field agree, then we believe that case is worth fighting to trial, and beyond if necessary. We find that the vast majority of the time, juries of our peers (people just like us) agree.
Nursing Home Defense
As the elderly segment of our population continues to grow, so too has this aspect of our practice. This has included educating ourselves in the laws and regulations unique and particular to nursing homes and assisted living facilities, because as everyone in the business knows, there is a significant difference between a nursing malpractice case and a nursing home case. At Henn Lesperance, we have experience navigating both worlds. Elder care facilities can face claims of liability in a wide variety of circumstances, including claims of general negligence, premises liability, wrongful death, licensing violations, and more. We have the experience and expertise to help you avoid litigation before it happens, and to zealously represent your interests in court when necessary.
In addition to healthcare providers, we have also successfully represented fellow attorneys, accountants, stockbrokers, and other professionals sued for malpractice.