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Jana Berger
Jana Berger
Partner - Detroit
Email
248-721-4200

Bar Admissions
  • California
  • Michigan
  • Tribal Court (Little River Band of Ottawa Indians)
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Western District of Michigan

Jana’s enthusiastic approach to the practice of law lends to successful and effective representation and defense of large corporations, small businesses, insurance companies and individuals involved in complex product liability, premises liability, coverage disputes, construction defect, general civil and toxic tort litigation. She consults with insurance companies, corporate officers, tribal governments and business managers on preventative liability measures, strategies and pending legislative and Supreme Court initiatives involving tort reform, amendments to court rules and litigation.

Exemplifying her devotion to and strong support of Native American peoples and their causes, Jana is licensed to practice in tribal courts and is knowledgeable on federal Indian law. More recently, she represented tribal members embroiled in Tribal Constitutional issues of first impression. Her briefing and argument established case precedent on important governmental issues within the Tribe. Jana has also been recognized for her independent research on tribal gaming issues. She is published in Gaming Law Review – her paper criticizing legislative interference with the rights of Tribes under the Indian Regulatory Gaming Act.

Never shying away from challenging or unique cases, Jana also took on representation of the Michigan Association of Counties – representing over 80 counties in the State of Michigan - as amicus curiae counsel before Michigan Court of Appeals on an issue of first impression invoking Constitutional issues, counties and the inherent power of courts. Her briefing and argument led to the establishment of case precedent favorable to counties.

Very recently, Jana successfully defended a high profile worldwide pump manufacturer in a highly complex product liability lawsuit involving a chemical and pulp explosion at a paper mill. The lawsuit – which advanced numerous theories of liability against the manufacturer – was brought by a prominent Texas law firm on behalf of paper mill employees who were injured in the work-related accident. Despite Plaintiffs’ “seven-figure” demand, Jana continued the charge of the defense and proceeded through the litigation. Ultimately, her briefing and argument resulted in an award of summary disposition for the manufacturer and the dismissal of the Plaintiffs’ claims against it.

She is recognized as an expert on Health Insurance Portability & Accountability Act (HIPAA) privacy rules and regulations. She counsels and trains government entities, including counties, cities, townships, colleges and universities, emergency response teams and public safety departments, as well as private businesses, on compliance measures and on the impact of the privacy rules.

Jana is currently serving her fifth year on the Board of Directors of Michigan Defense Trial Counsel. She serves on the Board of Editors of Michigan Lawyers Weekly and works as an adjunct professor at DePaul University where she teaches property law and workplace law. She is a member of the State Bar of Michigan – American Indian Law Section, and a member of the Defense Research Institute.

Publications
  • Michigan Insurance Law Updates - Author (2006, 2007, 2008, 2009)
    • Insurance Law Digest
      •
  • Michigan Courts Weigh in on HIPAA - Author (March 2006)
    • Health Care Weekly Review
      •
  • Treating Doctors, Defense Lawyers Beware: Here Comes HIPAA - Quoted (Spring 2006)
    • Michigan Medical Law Report
      •
  • Plaintiff Entitled to Notice of Defense Meeting with Doctors, - Quoted (March 2005)
    • Michigan Lawyers Weekly
      •
  • Time to Secure Your ‘Business Associate’ Contracts - Author (April 2005)
    • Midwest In-House (Lawyers Weekly)
      •
  • Complying with HIPAA – Employee Medical Records - Author (January 2004)
    • Midwest In-House (Lawyers Weekly)
      •
  • Courts Struggle to Apply HIPAA Privacy Rules in Discovery - Author (July 2004)
    • Midwest In-House (Lawyers Weekly)
      •
  • HIPAA and the Not So Covered Entity - Author (April 2004)
    • Midwest In-House (Lawyers Weekly)
      •
  • HIPAA and the Not So Covered Entity - Author (April 2004)
    • Midwest In-House (Lawyers Weekly)
      •
  • HIPAAthetically Speaking - Contributing Author (2003 – 2004)
    • Health Care Weekly Review
      •
  • HIPAA: Loose Lips Sink Ships - Author (September 2003)
    • Health Care Weekly Review
      •
  • So Your Authorization Violates HIPAA - Author (October 2003)
    • Midwest In-House (Lawyers Weekly)
      •
  • Narragansett Tribal Gaming vs. The Indian Giver: An Alternative Argument to Invalidating the Chaffee Amendment - Author (February 1999)
 
Presentations
 
News
Legal Service Focus
 
Memberships
  • California Bar Association
  • Defense Research Institute
  • Michigan Bar Association
  • Michigan Defense Trial Counsel
 
Education
  • Roger Williams University School of Law, 1998, JD
  • Northern Michigan University, 1993, BA, Political Science/Pre-Law and German
    • Alpha Gamma Delta
 
Awards
 
  
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