Michigan Lawyers Weekly articles from April 2003

Michigan Lawyers Weekly archives from April 2003

Michigan Supreme Court Rules Users Of Approved Diet Drugs Can't Sue.
April 7, 2003... Byline: Karen M. Poole Consumers who claimed they were injured by FDA-approved diet drugs could not sue the manufacturers of those drugs, the Michigan Supreme Court has decided. The consumers argued that MCL 600.2946(5), which limits...

Michigan Court of Appeals 6th Circuit Rules Tardy Lawyer Can't Be Held In Contempt Under FRCP 42.
April 7, 2003... Byline: Michigan Lawyers Weekly Staff An attorney who twice failed to show up for court on time could not be cited for criminal contempt under Federal Rule of Civil Procedure 42, the 6th Circuit has ruled. The attorney argued that the...

Michigan Supreme Court Rules No-Fault Insurer Must Be Reimbursed.
April 7, 2003... Byline: Michigan Lawyers Weekly Staff A no-fault insurer that paid medical expenses on behalf of an injured employee was entitled to full reimbursement from the injured man's employer -- which was self-insured for workers' compensation --...

Verdicts & Settlements April 7, 2003: 'Hard Fought' Med-Mal Case Results In $1.45M Settlement.
April 7, 2003... Byline: Michigan Lawyers Weekly Staff A 23-year-old mother of two young children went blind as a result of raised intracranial pressure. The plaintiff went to the emergency room four times in 15 days and got three separate diagnoses. The...

Michigan Lawyers In The News: April 7, 2003.
April 7, 2003... Byline: Michigan Lawyers Weekly Staff Appointments Marci B. McIvor, Phillip J. Shefferly and Thomas J. Tucker have been appointed to 14-year terms as U.S. Bankruptcy judges for the Eastern District of Michigan. Elections ...

Michigan Court of Appeals Case Summaries: April 7, 2003.
April 7, 2003... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Aggravated Stalking. Sufficient Evidence. The evidence, viewed in the light most favorable to the prosecutor, sufficiently supported defendant's conviction. The complainant's...

U.S. District Michigan Eastern Case Summaries: April 7, 2003.
April 7, 2003... Byline: Michigan Lawyers Weekly Staff Habeas Corpus Transfer Of Prisoner Retroactive Application Of Transfer Policy Where petitioner claims that retroactive application of a new Bureau of Prisons policy, which would result in his...

Verdicts & Settlements April 7, 2003: Plaintiff Gets $725K Settlement For Securities Fraud.
April 7, 2003... Byline: Michigan Lawyers Weekly Staff The claimant, a widow and high school graduate with no investment experience, was introduced to a financial planner in conjunction with her estate planning with his daughter, an attorney. The...

Michigan Supreme Court Orders: April 7, 2003.
April 7, 2003... Byline: Michigan Lawyers Weekly Staff Court Rule Amendments 1999-10 - Amendment of Rules 703 and 1101 of the Michigan Rules of Evidence 1999-10 Amendment of Rules 703 and 1101 of the Michigan Rules of Evidence On order of...

U.S. Bankruptcy Court Case Summaries: April 7, 2003.
April 7, 2003... Byline: Michigan Lawyers Weekly Staff Chapter 13 Repossessed Vehicle Property Of Bankruptcy Estate Where, in these consolidated cases, creditors repossessed the debtors' vehicles and the debtors filed Chapter 13 petitions a few...

U.S. Supreme Court Case Summaries: April 7, 2003.
April 7, 2003... Byline: Michigan Lawyers Weekly Staff Administrative Law Application For Asylum Remand For Further Proceedings Where the Board of Immigration Appeals denied petitioner's request for asylum from Kuwait on the grounds that she could...

U.S. Court of Appeals 6th Circuit Case Summaries: April 7, 2003.
April 7, 2003... Byline: Michigan Lawyers Weekly Staff Administrative Law Application For Asylum Remand For Further Proceedings Where the Board of Immigration Appeals denied petitioner's request for asylum from Kuwait on the grounds that she could...

Michigan Supreme Court Rules Depressed Employee Not Entitled To Comp Benefits.
April 7, 2003... Byline: Lynn Patrick Ingram A prison employee who suffered depression after his employer disciplined him for sexually harassing female attorneys was barred from collecting workers' compensation benefits, the Michigan Supreme Court has...

Attorney Discipline Board: April 7, 2003.
April 7, 2003... Byline: Michigan Lawyers Weekly Staff Notice Of Reprimand - Case No. 00-197-GA Case No. 00-197-GA Notice Issued: March 26, 2003 Andrew G. Robertson, III, P 41528, Detroit, Michigan, by the Attorney Discipline Board Tri-County...

U.S. District Court Western District Case Summaries: April 7, 2003.
April 7, 2003... Byline: Michigan Lawyers Weekly Staff Negligence Federal Tort Claims Act Damages Where plaintiff was involved in a motor vehicle accident with a postal service truck and defendant-government has admitted liability, the court...

Verdicts & Settlements April 7, 2003: Mich. Jury Rules No Cause For Alleged Assault On Bar Patron.
April 7, 2003... Byline: Michigan Lawyers Weekly Staff The plaintiff was in the process of being escorted from a Pontiac night club, Tiki Bob's Cantina, and alleged that the employee who removed him improperly placed the plaintiff in a restraint-type hold,...

Michigan Man Convicted For Performing Castration.
April 14, 2003... Byline: Michigan Lawyers Weekly Staff A Taiwanese man who castrated another man on his kitchen table was convicted of practicing medicine without a license. A jury found Shuo-Shan Wang, 29, guilty for performing the voluntary...

New Episode Highlights Excuses For Soliciting Prostitutes.
April 14, 2003... Byline: Michigan Lawyers Weekly Staff "Johns TV" will return to area cable TV with a list of top 10 excuses given by real life "johns" when arrested. The list includes lines such as "I thought she was stranded and needed a ride," "I...

Five Judges Attend Forum In South Africa.
April 14, 2003... Byline: Michigan Lawyers Weekly Staff Five Michigan judges traveled to South Africa last month as participants in a judicial law delegation The delegation was composed of 29 judges and attorneys from around the United States, and spent...

Michigan Court of Appeals Case Summaries: April 14, 2003.
April 14, 2003... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery; Felony Firearm Armed Robbery; Felony Firearm. Ineffective Assistance. Defendant claims that "he was denied the effective assistance of counsel because trial...

Michigan Court of Appeals Rules Shopper Who Fell Over Pallet Can Get To Jury.
April 14, 2003... Byline: Michigan Lawyers Weekly Staff A shopper who was injured when she fell over a pallet can get to the jury on her negligence claim, the Michigan Court of Appeals has decided in an unpublished opinion. The store argued that the...

U.S. Bankruptcy Court Rules Bankruptcy Attorney Must Return Retainer.
April 14, 2003... Byline: Michigan Lawyers Weekly Staff Where a debtor's bankruptcy was converted from Chapter 11 to Chapter 7, the debtor's lawyer was required to disgorge more than $9,000 of his $10,000 retainer, the U.S. Bankruptcy Court for the Western...

Michigan Supreme Court Case Summaries: April 14, 2003.
April 14, 2003... Byline: Michigan Lawyers Weekly Staff Business Law Partnership Arrangement No Joint Enterprise Where the Michigan Court of Appeals determined that the commercial business relationship between the parties was a joint enterprise, but...

Verdicts & Settlements April 14, 2003: $16M Arbitration Award For Broker Raiding Case.
April 14, 2003... Byline: Michigan Lawyers Weekly Staff A National Association of Securities Dealers (NASD) dispute resolution panel recently ruled in favor of First of Michigan Co. (FOM) and Fahnestock & Co. Inc. against Louisville, Ky.-based Hilliard...

Michigan Lawyers In The News: April 14, 2003.
April 14, 2003... Byline: Michigan Lawyers Weekly Staff Appointments Nicholas J. Stasevich has been appointed honorary consul of the United Kingdom to Michigan. Stasevich, a shareholder with Butzel Long, concentrates his practice on global trade...

Michigan Attorney Discipline Board: April 14, 2003.
April 14, 2003... Byline: Michigan Lawyers Weekly Staff CORRECTION to Notice Of Automatic Reinstatement - Case No. 96-287-GA *********************************** CORRECTION *********************************** Due to an editing error, a...

U.S. Court of Appeals 6th Circuit Case Summaries: April 14, 2003.
April 14, 2003... Byline: Michigan Lawyers Weekly Staff Criminal Law Restitution Excessive Where the trial court ordered defendants to make restitution in the amount of the "intended" loss as determined by the court, which exceeded the actual loss...

U.S. District Court Western District Case Summaries: April 14, 2003.
April 14, 2003... Byline: Michigan Lawyers Weekly Staff Chapter 11 Interim Attorney Fees Disgorgement Where the Chapter 11 debtor paid a $10,000 retainer to an attorney, and the case was later converted to Chapter 7 after a sale of assets, the...

Verdicts & Settlements April 14, 2003: Financial Advisor Succeeds In Securities Arbitration Matter.
April 14, 2003... Byline: Michigan Lawyers Weekly Staff In a recent securities arbitration matter, defense counsel successfully defended a financial advisor who was the subject of a $1.5 million dollar claim arising from losses suffered by two private...

Verdicts & Settlements April 14, 2003: Michigan Jury Finds No Negligence In Med-Mal Matter.
April 14, 2003... Byline: Michigan Lawyers Weekly Staff The plaintiff suffered from a large ventral incisional hernia, which was surgically repaired by the defendant, a general surgeon. The surgery involved the use of a Gortex mesh material, which was...

Michigan Court of Appeals Rules Wrongful Death Lawsuit Is Not Subject To Med-Mal Cap.
April 14, 2003... Byline: Karen M. Poole A plaintiff whose wrongful death suit was based on medical malpractice was not subject to the medical malpractice damages cap, the Michigan Court of Appeals has decided. The plaintiff argued that damages in the...

Michigan Court of Appeals Rules No-Fault Insurer Must Pay Driver's Medical Expenses.
April 14, 2003... Byline: Lynn Patrick Ingram Even though a driver who was injured in a car accident did not produce direct evidence that his medical expenses were reasonably necessary, the insurance company was still required to pay, the Michigan Court of...

Driver Entitled To $1M Jury Award For Economic Damages.
April 21, 2003... Byline: Michigan Lawyers Weekly Staff A driver who was severely injured when her car collided with a Corvette that had spun out on a slippery road was entitled to the full $1 million jury award she received for economic damages, the...

Michigan Court of Appeals Made Big Strides In 2002, Report Says.
April 21, 2003... Byline: Michigan Lawyers Weekly Staff The Michigan Court of Appeals recently released its Annual Report for 2002 which details, among other things, the court's delay reduction effort, the long-awaited move to the new Hall of Justice and...

Michigan Lawyers In The News: April 21, 2003.
April 21, 2003... Byline: Michigan Lawyers Weekly Staff NewsMakers Elections Michael A. Zagaroli has been elected to the State Bar of Michigan's Representative Assembly. Zagaroli, a member of Mika Meyers Beckett & Jones PLC, focuses his...

Attorney Discipline Board: April 21, 2003.
April 21, 2003... Byline: Michigan Lawyers Weekly Staff Notice Of Interim Reinstatement Case No. 02-152-RP Case No. 02-152-RP Notice Issued: April 3, 2003 Geno T. Zayid, P 36629, Commerce Township, Michigan, by Attorney Discipline Board...

Michigan Supreme Court Orders: April 21, 2003.
April 21, 2003... Byline: Michigan Lawyers Weekly Staff Court Rule Amendments 2002-22 - Amendment of Rule 3.206 of the Michigan Court Rules 2002-22 Amendment of Rule 3.206 of the Michigan Court Rules On order of the Court, notice of the...

U.S. Court of Appeals 6th Circuit Case Summaries: April 21, 2003.
April 21, 2003... Byline: Michigan Lawyers Weekly Staff Civil Procedure Zoning Claims Res Judicata Where plaintiff's landfill-zoning claims should have been litigated in a prior state proceeding, plaintiff's claims are barred under the doctrine of...

Michigan-based Awrey Bakeries Inc. Buys Bill Knapp's Cake Recipe For $15,000.
April 21, 2003... Byline: Michigan Lawyers Weekly Staff A chocolate cake considered a favorite at the now-defunct Bill Knapp's restaurant chain could soon be back on store shelves. Awrey Bakeries Inc. bought the recipe and naming license for Bill...

Michigan Lawyers Weekly Introduces New Editorial Board.
April 21, 2003... Byline: Michigan Lawyers Weekly Staff Michigan Lawyers Weekly is proud to announce the members of its 2003-04 Board of Editors -- a distinguished group of judges and lawyers that will assist in drafting and refining the editorials published...

Michigan Attorney General Opinion: April 21, 2003.
April 21, 2003... Byline: Michigan Lawyers Weekly Staff Administrative Law Court Transportation Costs Commitment Applications Counties are responsible for transporting, and for the costs incurred by county peace officers associated with...

Commentary: Ethics And Advocacy In ADR Settings.
April 21, 2003... Byline: Marcia L. Proctor Some clients will hire lawyers for anticipated litigation matters, without understanding what alternate dispute resolution (ADR) options may be available or how they may benefit the client. MRPC 1.4(b)...

Michigan man challenges ticket given to him for owning more than 10 pigeons.
April 21, 2003... Byline: Michigan Lawyers Weekly Staff A city ordinance prohibits residents from owning more than 10 pigeons, but one man wants a judge to make an exception for his flock of up to 80 birds. Nikola Dimeski was ticketed after city...

Michigan Court of Appeals Case Summaries: April 21, 2003.
April 21, 2003... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Assault With A Dangerous Weapon; Carrying A Concealed Weapon; Felony Firearm. Double Jeopardy. Defendant's convictions for both felony firearm and carrying a concealed weapon...

Michigan Judge Pilots Self-Built Aircraft.
April 21, 2003... Byline: Michigan Lawyers Weekly Staff Donald Miller spends his days presiding over conflict and drama as a Macomb County Circuit Court judge, but much of his spare time is spent far above the fray. Miller enjoys building things from...

Operation NHL Freedom A Success.
April 21, 2003... Byline: Michigan Lawyers Weekly Staff NHL fans outside of Detroit are dancing in the streets this morning as the Detroit Red Wings' reign of terror over the hockey community appears to be over, for now at least. In a stunning four-game...

Michigan Supreme Court Case Summaries: April 21, 2003.
April 21, 2003... Byline: Michigan Lawyers Weekly Staff Wills And Trusts Will Contest Undue Influence Where the decedent's children challenged their father's will, claiming he was unduly influenced by his second wife to whom he had been married for...

Michigan Court of Appeals Rules Length Of Actual Marriage Determines Spousal Support.
April 28, 2003... Byline: Sonny N. Sheth A trial court could not consider the length of a couple's entire relationship in awarding spousal support, but instead was required to confine its consideration to the length of the actual marriage, the Michigan...

Estate Planning Expert On Lawyers Weekly Online Forum.
April 28, 2003... Byline: Michigan Lawyers Weekly Staff One of the country's leading experts on estate planning for retirement benefits will be available to answer your questions for free on the Lawyers Weekly Online Forum. The expert is Natalie B....

Michigan Court of Appeals Rules Drunk Driving Conviction Properly Given Felony Status.
April 28, 2003... Byline: Karen M. Poole A defendant's third drunk driving conviction was properly enhanced from a misdemeanor to a felony under MCL 257.525(8)(c) even though his two prior convictions occurred before the effective date of the statute, the...

Verdicts & Settlements April 28, 2003: Underage Drinker Injured In Crash Gets $350K Settlement.
April 28, 2003... Byline: Michigan Lawyers Weekly Staff The plaintiff was an 18-year-old Florida resident visiting relatives in mid-Michigan. During an evening of drinking with other underage drinkers, the car she was riding in lost control and hit a tree....

Verdicts & Settlements April 28, 2003: Jury Delivers No-Cause Verdict In Infertility Med-Mal Suit.
April 28, 2003... Byline: Michigan Lawyers Weekly Staff The 31-year-old plaintiff presented to the defendant for prenatal care. An ultrasound revealed a gestational sack in the uterus but no fetal pole or yolk sack. The defendant's impression was "early...

Michigan Supreme Court Orders: April 28, 2003.
April 28, 2003... Byline: Michigan Lawyers Weekly Staff Administrative Orders Administrative Order 2003-4 Video Proceedings (Family Division of Circuit Court and Probate Court) On order of the Court, the experimental use of two-way interactive...

U.S. Court of Appeals 6th Circuit Case Summaries: April 28, 2003.
April 28, 2003... Byline: Michigan Lawyers Weekly Staff Arbitration Enforcement Remand For Clarification Where the federal district court ruled that an arbitration award was ambiguous and in need of clarification without specifying the inambiguity...

U.S. District Court Case Summaries: April 28, 2003.
April 28, 2003... Byline: Michigan Lawyers Weekly Staff Bankruptcy 'Reasonably Equivalent Value' Mobile Home Sales Contract Where the debtor made a down payment on a mobile home, which created a contract right to obtain title to the mobile home upon...

U.S. District Court Western District Case Summaries: April 28, 2003.
April 28, 2003... Byline: Michigan Lawyers Weekly Staff Contract Time And Materials Contract No Excessive Hours Where the parties contracted for defendant-shipbuilding company to construct a dredge on a time and materials basis and plaintiff then...

New Michigan Governor Wants Balanced Judiciary.
April 28, 2003... Byline: Lynn Patrick Ingram If Gov. Jennifer Granholm has her way, justice in Michigan's courts will be "quick and balanced," and judicial predictability will become a thing of the past. According to Granholm, politics are...

Michigan Law Firm Growth, Salaries Stall In 2002.
April 28, 2003... Byline: Denise G. Callahan Young lawyers can be a little like the lady with the blindfold these days, with career options in the balance. But it's probably best to weigh those options with the blinders off. Many law firm surveys offer...

Verdicts & Settlements April 28, 2003: Head-on Crash Prompts $950K Settlement.
April 28, 2003... Byline: Michigan Lawyers Weekly Staff The plaintiff was the driver of a vehicle that was struck head-on by a vehicle that crossed the centerline of the roadway. The defendant driver denied negligence, blaming the collision on the plaintiff,...

Verdicts & Settlements April 28, 2003: Michigan Man Pleads Guilty In Check Fraud Case.
April 28, 2003... Byline: Michigan Lawyers Weekly Staff A Dearborn man pleaded guilty in federal court to possession of $12 million in counterfeit cashier's checks. Omar Shishani pleaded guilty as part of an agreement requiring him to cooperate with...