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Fassihi v. Sommers, Schwartz, Silver, Schwartz and Tyler, P.C.

Michigan Court of Appeals
309 N.W.2d 645 (Mich. Ct. App. 1981)


Dr. Fassihi, a radiologist, (plaintiff), was a 50 percent shareholder, officer, and board member in Livonia Physicians X-ray. P.C. (Livonia), a company formed with fellow physician Dr. Rudolfo Lopez who owned the other 50 percent. As a result of his involvement with Livonia, Fassihi obtained medical staff privileges at a nearby hospital. The hospital had an agreement with Livonia for the company to exclusively provide radiology services. After about 18 months of working with Fassihi, Dr. Lopez consulted with Livonia’s counsel, Sommers, Schwartz, Silver, Schwartz and Tyler, P.C. (Sommers) (defendant), regarding how Fassihi could be ousted from the company. Concurrently, Sommers represented Lopez personally in some legal matters. Donald Epstein, a Sommers attorney, notified Fassihi by letter that he had been terminated from Livonia. As a result, Fassihi lost his medical staff privileges at the hospital. Fassihi filed suit against Sommers for breach of attorney-client relationship, breach of fiduciary, legal, and ethical duties, fraud, and legal malpractice. The trial court denied Sommers’ motion for summary judgment and also denied Fassihi’s motion to compel discovery of information from Epstein and Sommers, which it refused to provide based on the attorney-client privilege. Each party filed an interlocutory appeal of the trial court’s order.

Rule of Law


Holding and Reasoning (Per curiam.)

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