Cullen McKinney, an attorney from Detroit, Michigan, is a founding partner at Tanoury, Nauts, Mckinney & Dwaihy (TNMD). Prior to beginning with TNMD, Cullen McKinney was selected to the Super Lawyers’ Rising Star list in 2008.
The Super Lawyers Rising Stars list is comprised of attorneys who are 40 or younger. The selection process for this list is similar to that of attorneys selected to the Super Lawyers list, except Super Lawyers’ Rising Stars comprise 2.5 percent of lawyers practicing in each state. The selection process involves four steps beginning with peer nominations. The organization also accepts informal nominations from marketing directors, clients, readers, and ineligible attorneys. Although nominated lawyers receive no points from these nominations, the names are added to the pool for consideration for formal nomination. After nominations close, the Super Lawyers research staff verifies all of the credentials, professional experience, awards, and other accomplishments. The next step involves assessing each candidate based on 12 measures. These indicators include verdicts/settlements, experience, awards, and scholarly lectures/writings among others. Nominees then undergo a blue ribbon review from top Rising Star nominees within each specialization. These candidates have scored the most points during the first two steps. This involves candidates evaluating peers within their practice, scoring them on a scale of one to five. Finally, the selections are made based on firm size. The list is generated annually and each state has its own list.
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An attorney based in Detroit, Cullen McKinney has received recognition for his work from the American Institute of Trial Lawyers, Leading Lawyers, and the American Institute of Legal Advocates. A principal with Tanoury, Nauts, McKinney & Dwaihy, PLLC (TNMD), Cullen McKinney focuses his practice on medical malpractice defense.
Every year, thousands of medical malpractice cases are filed in US courts. In a comprehensive study, researchers from the National Practitioner Data Bank (NPDB) analyzed data on medical malpractice reports they received from 2009 to 2018. They found an average of 12,414 cases reported annually. The states with the highest incidences of reports over the 10-year period were New York with 16,688 cases, California with 13,157, and Florida with 10,788. In terms of payout costs, NPDB data showed that medical malpractice claim payments grew from an average of $3.67 billion in 2009 to $4.02 billion in 2018. New York recorded the highest overall payouts over the period with $7.025 billion. Next was Pennsylvania with $3.416 billion, and Florida with $2.488 billion. Michigan was 14th, with $697 million in total payouts. The vast majority of medical malpractice cases in the country are against physicians. In fact, another comprehensive study published in the New England Journal of Medicine found that by age 65, 99 percent of physicians will have faced a medical malpractice suit, with surgeons being the most exposed. While there are genuine cases of medical malpractice giving rise to personal injury suits, others are frivolous. In fact, 78 percent of medical malpractice cases do not result in a judgment or settlement. A founding partner and litigation attorney at Tanoury, Nauts, McKinney, and Dwaihy, PLLC (TNMG) based in Detroit, Michigan, Cullen McKinney holds extensive experience representing hospitals and medical practitioners against malpractice. Cullen McKinney’s success in defensive medicine saw him honored as a Super Lawyer in the Rising Star category in 2008.
The Super Lawyers directory lists attorneys across the United States who have excelled in their disciplines according to top cities, state, region, or practice area. The directory aids prospective clients seeking legal assistance to narrow the search for an experienced lawyer conveniently. The Super Lawyer’s selection process combines peer nominations, evaluations, and independent research as self-nominations and campaigns are prohibited. This includes verdicts and settlements, experience, honors, education and employment background, community service history, and other achievements. The candidates with the highest points from the indicators undergo evaluation from the Blue Ribbon panel, composed of other candidates who have completed the nominations and independent research stages. Finally, a team of attorneys drawn from small, medium, and large firms conducts and confirms the successful candidates. At this stage, two different categories get the honors-rising stars and super lawyers. The former applies if the candidate is under 40 years old or holds less than 10 years of practicing experience. An accomplished attorney in Detroit, Michigan, Cullen McKinney has been a partner at Tanoury, Nauts, McKinney, and Garbarino, PLLC (TNMG) since founding the firm in 2009. To inform his activities at TNMG, Cullen McKinney maintains active membership in multiple professional associations, including the Michigan Society of Hospital Risk Management (MSHRM).
The Michigan Society of Hospital Risk Management monitors events that may impact the Michigan healthcare industry as well as supports its membership base and other state healthcare professionals. To further its mission, MSHRM offers valuable resources, including free educational seminars online. On May 20, 2020, MSHRM hosted a webinar sponsored by Trinity Health and presented by Claudia Gering and Christopher J. Allman. Attendees were eligible for continuing education credits as required by the American Society for Healthcare Risk Management and the American Nurses Credentialing Center's Commission on Accreditation. Specific topics covered during the MSHRM Webinar include identifying risks and expectations in multiple healthcare sectors. The webinar also stressed the importance of effective ligature risk assessment and mitigation and paid special attention to the prevention of self-harm in the clinical setting. Cullen McKinney, a founding partner at Tanoury Nauts McKinney & Garbarino (TNMG), PLLC, in Detroit, Michigan, focuses on representation of medical professionals against malpractice claims. Rated AV by Martindale-Hubbell, he is a popular conference speaker on a range of liability matters. Cullen McKinney’s publications include a well-received article in the New York Monthly Digest of Tax Articles, in which he details issues affecting doctors’ home offices.
The title of the piece excellently encapsulates its points: “Home Office Deductions and I.R.C. Section 280A: Did Commissioner v. Soliman Really Clear Up the Meaning of Principal Place of Business?” In the referenced 1993 Supreme Court case, Commissioner v. Soliman, 508 U.S. 168, the Court decided in an 8-1 verdict that Dr. Nader Soliman, an anesthesiologist working as a solo practitioner, was not entitled to claim a tax deduction for the use of a spare bedroom in his home as an office. Justice Anthony delivered the Court’s opinion, with Justice John Paul Stevens as the lone dissenter. The Court ruled against Soliman, saying it could not deem his home office to be his principal place of business, despite the fact that none of the hospitals at which he worked provided him with office space, and he spent 15 hours a week using the spare room for all his administrative activities. Congress responded by amending the Taxpayer Relief Act of 1997, authorizing a home office as a principal place of business if it serves as a business’ only administrative location. A founding partner of the law firm of Tanoury, Nauts, McKinney & Garbarino, PLLC (TNMG) in Detroit, Michigan, Cullen McKinney has a wealth of experience representing hospitals and medical professionals as a malpractice defense litigator. To better serve his TNMG clients, Cullen McKinney holds active membership in industry organizations such as the Michigan Society of Hospital Risk Managers and maintains a strong professional interest in US health law.
One of the most important federal rules and regulations in recent history, the Patient Safety and Quality Improvement Act of 2005 (PSQIA) has had a profound effect on health law in America. This landmark legislation encourages the reporting and examination of errors in the health care industry by establishing a voluntary whistleblowing and analysis system that promotes optimum transparency and accuracy. Under the PSQIA, individuals who report workplace errors or unsafe conditions receive a range of privileges and confidentiality protections through the federal government. The PSQIA also protects patients’ rights by allowing the Department of Health and Human Services to levy fines for confidentially breaches, and authorizes the Agency for Healthcare Research and Quality to designate patient safety organizations for the safekeeping and analysis of vital patient safety data. With nearly 25 years of experience, Cullen McKinney serves as a litigation attorney at Detroit's Tanoury, Nauts, McKinney & Garbarino, PLLC, which he helped launch in 2009. A 2018 Top Lawyer selection by the American Law Society, Cullen McKinney also maintains an AV Preeminent rating from Martindale-Hubbell. Recognized as the gold standard in attorney rankings, the Martindale-Hubbell Peer Review Ratings highlight the work of outstanding attorneys who demonstrate a commitment to the legal profession while upholding high ethical standards of practice. Attorneys who appear in the Martindale-Hubbell Law Directory stand out among their peers for their legal knowledge and experience, judgment, analytical capabilities, and communication skills. The highest Martindale-Hubbell ranking is AV Preeminent, held by only 10 percent of all attorneys. Other Martindale-Hubbell rankings are Distinguished and Notable. Martindale-Hubbell also collects client reviews and awards its annual Client Champion awards to those attorneys who receive multiple reviews with an average score of 4.0 and higher. Litigation attorney Cullen McKinney is a founding partner of Tanoury, Nauts, McKinney, and Garbarino, PLLC, in Detroit, Michigan. In this role, he defends medical professionals and hospitals against medical malpractice claims. Cullen McKinney has also published articles on a wide range of legal topics, including the case of Commissioner v. Soliman.
Commissioner v. Soliman was a 1992 case between Soliman, the respondent in the case and a professional anesthesiologist, and the commissioner of internal revenue. As an anesthesiologist, Soliman worked at three different hospitals, but lacked an office at each facility. In 1983, Soliman had claimed a home office deduction on federal income tax forms, describing the office as a location where he spent multiple hours per day tending to various tasks relevant to his profession. He did not, however, host patients in his home office. The commissioner of internal revenue rejected this claim, stating that the office was not Soliman’s principal place of business and, therefore, not eligible for a deduction. Following arguments, the Tax Court sided with Soliman, stating that a principal place of business can be any room that is essential to the taxpayer’s professional operations. Furthermore, the term “home office” can be legally used for any space in which the taxpayer spends a significant amount of time, particularly when the individual is not provided with a traditional work space by an employer. Founding member of Tanoury Nauts McKinney and Garbarino, PLLC, in Detroit, Cullen McKinney Michigan, received his law degree from the University of Detroit Law School in 1993. Over the course of his career as a litigation attorney, Cullen McKinney has achieved a number of accolades and honors, including Super Lawyers Rising Star status in 2008. To qualify for Super Lawyers Rising Star status, individuals must meet a number of criteria. To begin, lawyers must be 40 years of age or younger, or have been in practice for 10 years or less. Eligible professionals begin the Super Lawyers process following a formal nomination from a peer or by the organization’s research staff. Individuals may also come to the organization’s attention through informal nominations, such as those made by Super Lawyers readers or satisfied clients. Accepted nominations are thoroughly vetted by the Super Lawyers research staff. Common areas of analysis include the outcome of verdicts and settlements, honors and awards received, the lawyer’s status within their firm, and total number of publications, though these areas represent just a fraction of research the Super Lawyers staff conducts. The organization subsequently takes into account peer evaluation by practice specialty, a step sometimes referred to as the blue ribbon review. The voting body for this stage is made up of attorneys with the highest scores after phases one and two. Finally, Rising Star selections are made from the highest-scoring lawyers across four firm-size categories. No more than 5 percent of a state’s lawyers can achieve Super Lawyer status, regardless of point total. Rising Star status is even more selective, with only 2.5 percent of a state’s legal professionals qualifying. Litigation attorney Cullen McKinney is a founding partner of Tanoury Nauts McKinney & Garbarino in Detroit, Michigan. Among the areas of practice that Cullen McKinney focuses on is premises liability. This concept is often involved in personal injury cases, when the aggrieved party must prove the property owner was negligent in keeping the premises safe. Simply being injured on a property does not necessarily indicate negligence, nor does the existence of an unsafe condition always constitute negligence. In order to prove negligence, a personal injury lawyer must establish that the owner knew or should have known of a hazardous condition and did not address it. In some states, however, the duty of the owner is determined by the type of person who is on the property. Visitors are individuals who have the owner’s permission to visit the premises. Invitees are persons like friends, family, or neighbors, for whom the owner is expected to provide a reasonable standard of care. Licensees are persons like sales representatives, who are visiting for their own purposes, that the owner must simply warn. Trespassers are uninvited or unauthorized persons. Owners traditionally owe them no duty unless they are children. |
AuthorA founding partner and principal of the law firm Tanoury, Nauts, McKinney & Dwaihy, PLLC, in Detroit, Michigan, attorney Cullen McKinney provides trial defense for individuals and corporations involved in civil litigation cases before the Wayne County and Oakland County Circuit Courts. Archives
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