Michigan Lawyers Weekly articles from April 2004

Michigan Lawyers Weekly archives from April 2004

U.S. District Court Eastern District of Mich. Case Summaries: April 5, 2004.
April 5, 2004... Byline: Michigan Lawyers Weekly Staff Labor Grievance - Failure To Exhaust Where plaintiff-union member sued defendant-union for allegedly failing to pursue a grievance regarding his discharge, defendant is entitled to summary...

U.S. District Court Western District Case Summaries: April 5, 2004.
April 5, 2004... Byline: Michigan Lawyers Weekly Staff Civil Procedure Choice Of Law - Motion For Reconsideration Where this court previously determined that New Jersey law controls this product liability dispute, defendant has not advanced any...

Verdicts & Settlements April 5, 2004: Jones Act matter settles for $100K.
April 5, 2004... Byline: Michigan Lawyers Weekly Staff On March 5, 2002 at approximately 1:40 p.m., the defendant's vessel was moored in Muskegon, and the dock was covered with snow. The plaintiff was assisting his supervisor, the bosun, remove trash...

Verdicts & Settlements April 5, 2004: No cause verdict issued in med mal case.
April 5, 2004... Byline: Michigan Lawyers Weekly Staff The plaintiff was a 27-year-old single mother who worked at SBC Communications and had two children ages 10 and 6. At 10:03 p.m. on March 9, 2001, the plaintiff vaginally delivered a healthy baby...

Michigan estate planning expert takes 'well-rounded' approach.
April 5, 2004... Byline: Michigan Lawyers Weekly Staff That rare combination of technical proficiency and people skills have made Troy attorney Randall A. Denha one of the most sought after estate planning attorneys in Michigan. Focusing on both is the...

Michigan Court of Appeals rules grandparent visitation order void 'ab initio'.
April 5, 2004... Byline: Sonny N. Sheth A father who violated a court order granting visitation to his children's grandparents should not have been held in contempt because the visitation order was void ab initio under DeRose v. DeRose, the Michigan Court...

Insurer wasn't required to defend insured in death case, rules Michigan Court of Appeals.
April 5, 2004... Byline: Karen M. Poole An employer's insurance carrier was not required to defend the employer in a wrongful death suit filed by the estates of two employees who were killed by a malfunctioning press, the Michigan Court of Appeals has...

Michigan Lawyers in the News: April 5, 2004.
April 5, 2004... Byline: Michigan Lawyers Weekly Staff NewsMakers Appointments Andrey T. Tomkiw has been appointed to the Royal Oak Downtown Development Authority. Tomkiw is a principal with Tomkiw Dalton, plc, in Royal Oak. Judge David...

Michigan Attorney General Opinion Summaries: April 5, 2004.
April 5, 2004... Byline: Michigan Lawyers Weekly Staff Election Law Intermediate School Districts - Recalls A member of a board of an intermediate school district who was elected by a body composed of one member of the board of each constituent...

Michigan Court of Appeals Case Summaries: April 5, 2004.
April 5, 2004... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery. Sufficient Evidence. "[D]efendant points out that Thompson described the robber as being clean shaven, but identified defendant, who had a small amount of facial...

Michigan Supreme Court Case Summaries: April 5, 2004.
April 5, 2004... Byline: Michigan Lawyers Weekly Staff Real Property Private Dedication - MCL 560.253(1) Where an outlot had been privately dedicated for the use of lot owners in the plat, the Court of Appeals incorrectly concluded that private...

U.S. Court of Appeals 6th Circuit Case Summaries: April 5, 2004.
April 5, 2004... Byline: Michigan Lawyers Weekly Staff Civil Rights Section 1983 - No Excessive Force Where defendant-police officers detained plaintiff, a mentally ill man, and shot him after he attacked one officer with a knife, none of...

Woman's instatement as boys' coach proper, rules 6th Circuit.
April 5, 2004... Byline: Michigan Lawyers Weekly Staff A woman who was improperly denied the position of boys' high school varsity basketball coach at the defendant's school because of her gender was properly instated as the coach -- replacing the...

Michigan Court of Appeals Unpublished Criminal Case Summaries: April 5, 2004.
April 5, 2004... Byline: Michigan Lawyers Weekly Staff Affirmed Sentences Home Invasion, First Degree; Felonious Assault; Felony Firearm. Sentences of 6 1/2 years, 2 years and 8 months and 2 years are affirmed. "Defendant contends that PRV 7...

Michigan Supreme Court Orders: April 5, 2004.
April 5, 2004... Byline: Michigan Lawyers Weekly Staff Miscellaneous Orders Leave Denied Dobrowolski v. Second Chance Body Armor. SC: 124376; COA: 238007; Charlevoix CC: 98-136418-NO. On order of the Court, the application for leave to appeal the...

Counties responsible for court's attorney fees, rules Michigan Court of Appeals.
April 12, 2004... Byline: Karen M. Poole Where a court serving three counties sued two of the counties for funding, the counties were responsible for the court's attorney fees up to 150 percent of the total paid to the counties' own lawyers, the Michigan...

Second prosecution didn't violate double jeopardy, rules Michigan Supreme Court.
April 12, 2004... Byline: Sonny N. Sheth Double Jeopardy wasn't violated where a criminal defendant was charged with an offense months after being convicted of a different offense that occurred out of the same criminal transaction, the Michigan Supreme...

Michigan Lawyers In The News: April 12, 2004.
April 12, 2004... Byline: Michigan Lawyers Weekly Staff Appointments Thomas G. Kyros has been appointed chair of the estate planning group at Varnum, Riddering, Schmidt & Howlett LLP. Kyros focuses his practice on estate planning, trust...

Michigan Attorney General Opinion Summaries: April 12, 2004.
April 12, 2004... Byline: Michigan Lawyers Weekly Staff Schools Public School Academies - Transfer Students To Public Schools A public school academy is not a "school district" for purposes of section 1147 of the Revised School Code, MCL 380.1147....

U.S. District Court Eastern District of Mich. Case Summaries: April 12, 2004.
April 12, 2004... Byline: Michigan Lawyers Weekly Staff Insurance Rescission - Replacement Policy Where the insured told an insurance company the $2 million life insurance policy she applied for would replace existing coverage from policies issued...

Verdicts & Settlements April 12, 2004: No cause verdict in med mal suit.
April 12, 2004... Byline: Michigan Lawyers Weekly Staff The plaintiff, a 47-year-old woman employed at Pharmacia/Upjohn underwent an anterior cervical diskectomy and fusion of C5-6 and C6-7, with instrumentation, for neck and right arm pain. The essence of...

Verdicts & Settlements April 12, 2004: $545K awarded in third-party auto case.
April 12, 2004... Byline: Michigan Lawyers Weekly Staff On June 25, 2002, Ruthvyn Frederick was the driver and Allan Remy was the passenger of a car driving westbound on Fenkell near Meyers. Plaintiff Frederick lawfully stopped for a red light when he was...

Verdicts & Settlements April 12, 2004: $1.25M verdict for auto neg matter.
April 12, 2004... Byline: Michigan Lawyers Weekly Staff The plaintiff was rear-ended by a chain collision caused by a tractor-trailer rig as she sat at a red traffic light. The plaintiff was a 55-year-old single woman who worked in a factory, but was...

Insurer is entitled to rescind life insurance, rules U.S. District Court for E. District of Michiga.
April 12, 2004... Byline: Michigan Lawyers Weekly Staff An insurance company was not required to pay death benefits under a life insurance policy because the applicant misrepresented that the policy at issue would replace her existing life insurance...

Michigan Supreme Court Case Summaries: April 12, 2004.
April 12, 2004... Byline: Michigan Lawyers Weekly Staff Criminal Law Double Jeopardy - Same- Elements Test Where the Michigan Constitution's Double Jeopardy Clause prohibits successive prosecutions, the clause does not prohibit serial prosecutions...

U.S. Court of Appeals 6th Circuit Case Summaries: April 12, 2004.
April 12, 2004... Byline: Michigan Lawyers Weekly Staff Administrative Law Mental Health Care Facility - Civil Penalties Upheld Where the Health and Human Services Department issued a Civil Monetary Penalty against plaintiff, a long-term care...

Verdicts & Settlements April 12, 2004: Slip & fall in snow results in no cause.
April 12, 2004... Byline: Michigan Lawyers Weekly Staff The plaintiff claimed she slipped and fell on accumulated ice and snow in the defendant's parking lot. The plaintiff's male companion initially notified the defendant's employees of the incident...

Michigan Supreme Court hears arguments on scope of employer liability.
April 12, 2004... Byline: Michigan Lawyers Weekly Staff The Michigan Supreme Court recently heard oral arguments in a case over the scope of the "retained control" and "common work area" exceptions to employer liability for construction accidents. The...

Michigan Court of Appeals Case Summaries: April 12, 2004.
April 12, 2004... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Probation Violation. Guilty Plea. Defendant "pleaded guilty to violating probation and was sentenced to five to twenty years in prison.... Defendant... contends that the...

Michigan Supreme Court Orders: April 12, 2004.
April 12, 2004... Byline: Michigan Lawyers Weekly Staff Attorney Discipline Matters Masheli v. Attorney Grievance Comm'n. SC: 124717; AGC: 1152-03. On order of the Court, the complaint for superintending control is considered, and it is DISMISSED,...

U.S. District Court Case Summaries: April 19, 2004.
April 19, 2004... Byline: Michigan Lawyers Weekly Staff Civil Procedure Strip Searches At Jail - Class Certification Denied Where plaintiffs claim they were subjected to an unlawful disrobing procedure or to illegal strip searches at the Saginaw...

U.S. District Court Case Summaries: April 19, 2004.
April 19, 2004... Byline: Michigan Lawyers Weekly Staff Administrative Law IDEA Due Process Hearing - Jurisdiction Where plaintiff-school district argues that a state hearing officer lacks jurisdiction under the Individuals with Disabilities...

Verdicts & Settlements April 19, 2004: Premises matter nets $14K settlement.
April 19, 2004... Byline: Michigan Lawyers Weekly Staff The plaintiff, with a prior existing back condition, claimed to suffer compression fractures to her spine, edema, altered signals, anterior vertebral deformity, disc protrusions and aggravation of prior...

Verdicts & Settlements April 19, 2004: Sales comm'n suit settles for $1.17M.
April 19, 2004... Byline: Michigan Lawyers Weekly Staff The plaintiff sales agency had represented the defendant for almost 30 years. In 1991, the written sales representation agreement was terminated and the parties operated under an oral agreement through...

Plaintiff's headlee claim not timely filed, rules Kent County Circuit Court.
April 19, 2004... Byline: Sonny N. Sheth A cable television subscriber who claimed that a portion of the franchise fee she paid on her monthly cable bill was a tax in violation of the Headlee Amendment was barred from suing the city because her claim was...

Defendant's sentence subject to enhancement, rules Michigan Court of Appeals.
April 19, 2004... Byline: Karen M. Poole A defendant who pleaded guilty to two counts of third-degree criminal sexual conduct (CSC-3) could have his sentence enhanced where the victim was later found to be pregnant, the Michigan Court of Appeals has...

Michigan Court of Appeals Case Summaries: April 19, 2004.
April 19, 2004... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions OUIL, Third Offense; OUIL With An Occupant Less Than 16 Years Old, Second Offense; Driving While License Suspended, Second Offense; Habitual Offender. Sufficient Evidence. "At...

Michigan Supreme Court Orders: April 19, 2004.
April 19, 2004... Byline: Michigan Lawyers Weekly Staff Reversals And Remands Leave Denied People v. Powe. SC: 124711; COA: 240584; Washtenaw CC: 00-001711-FC. On order of the Court, the application for leave to appeal the September 16, 2003...

Verdicts & Settlements April 19, 2004: Premises liability results in no cause.
April 19, 2004... Byline: Michigan Lawyers Weekly Staff Plaintiff Sheri June, who weighed in excess of 350 pounds, was a customer a Timothy's Pub. The plaintiff claimed she sat on a chair, which immediately collapsed due to the metal leg bending. The...

Plaintiff's wrongful death action was time-barred, rules Michigan Supreme Court.
April 19, 2004... Byline: Lynn Patrick Ingram A plaintiff's wrongful death action was time-barred because her notice of intent did not operate to toll the additional time period provided for wrongful death actions under MCL Sect. 5852, the Michigan Supreme...

Michigan Lawyers In The News: April 19, 2004.
April 19, 2004... Byline: Michigan Lawyers Weekly Staff Appointments Thomas C. O'Brien has been appointed to the board of the Agriculture Preservation Fund. O'Brien is a principal with O'Brien & O'Brien PLC, in Ann Arbor. Mark Bernstein has...

Judge John R. Perry of Michigan's 36th District Court dies at 73 years of age.
April 19, 2004... Byline: Michigan Lawyers Weekly Staff Judge John R. Perry of the 36th District Court has died. He was 73. Perry died after a hit-and-run accident. Police said he and another person were walking across a downtown street around 9 p.m....

Michigan Circuit Court Case Summaries: April 19, 2004.
April 19, 2004... Byline: Michigan Lawyers Weekly Staff Taxation Headlee Claim - Statute Of Limitations Where plaintiff claimed that a portion of a cable television franchise fee she paid on her monthly bill was a tax levied by the City of Grand...

Commentary: Update on inadvertent disclosure.
April 19, 2004... Byline: Marcia L. Proctor Under a variety of circumstances, a lawyer may come into possession of materials relevant to a client's case that are confidential or privileged and which the lawyer probably received in error. Expedited...

Michigan bill would create rebuttable presumption of joint custody.
April 19, 2004... Byline: Michigan Lawyers Weekly Staff The practice of family law may see a dramatic overhaul if a grass-roots campaign to create a rebuttable presumption of joint custody gains momentum. DADS of Michigan, an advocacy organization...

Michigan Supreme Court Case Summaries: April 19, 2004.
April 19, 2004... Byline: Michigan Lawyers Weekly Staff Consumer Law Consumer Product Warranty Act - Arbitration Where plaintiffs purchased a vehicle under defendant-General Motors' employee purchase plan, an arbitration clause in the purchase...

U.S.Court of Appeals 6th Circuit Case Summaries: April 19, 2004.
April 19, 2004... Byline: Michigan Lawyers Weekly Staff Constitutional Law Prison Labor - Goods Manufactured By Federal Inmates Where a non-profit trade association representing office furniture manufacturers asserts Federal Prison Industries, Inc....

Verdicts & Settlements April 19, 2004: $550K settlement for med mal suit.
April 19, 2004... Byline: Michigan Lawyers Weekly Staff Nicholas Laur, age 15, died of Adrenal gland insufficiency a/k/a Addison's Disease. He had flu-like symptoms and was taken by his mother to see Dr. Arekapudi, an internist at the Bay Area Health Clinic....

Verdicts & Settlements April 19, 2004: $137K evaluation for T-bone collision.
April 19, 2004... Byline: Michigan Lawyers Weekly Staff Defendant driver acknowledged to the investigating officer that he looked but did not see the plaintiff, who had the right of way, coming. The plaintiff pulled out into the intersection of County Road,...

U.S.Court of Appeals 6th Circuit Case Summaries: April 26, 2004.
April 26, 2004... Byline: Michigan Lawyers Weekly Staff Civil Procedure Appellate Jurisdiction - Eligibility Determination Not Final Decision Where the federal district court remanded this ERISA case to the plan administrator for a determination...

U.S. District Court Case Summaries: April 26, 2004.
April 26, 2004... Byline: Michigan Lawyers Weekly Staff Civil Rights Section 1983 - No Claim Against Substitute Teacher Where plaintiff, a special education student, claims she was forced to perform sexual acts on other students while...

Michigan law firm profits soar in 2004.
April 26, 2004... Byline: Denise G. Callahan Michigan's largest law firms saw profits power up in 2003 despite a sagging economy and, as a result of gradual growth and global focus, several are setting up new shops. In fact, growth is so great at number...

Verdicts & Settlements April 26, 2004: Summary disposition in real estate case.
April 26, 2004... Byline: Michigan Lawyers Weekly Staff The defendants, sellers under a buy/sell agreement with the plaintiff, contracted with the plaintiff for the sale of a multi-family residential rental property. The buy/sell, which was drafted by...

U.S. District Court for E. District of Michigan denies special ed student's civil rights claim.
April 26, 2004... Byline: Michigan Lawyers Weekly Staff A substitute teacher did not violate a female special education student's civil rights when she left the classroom and the student was sexually assaulted by four male students, the U.S. District Court...

Michigan Attorney General Opinion Summaries: April 26, 2004.
April 26, 2004... Byline: Michigan Lawyers Weekly Staff Schools Public School Academies - Quorum For Business The board of directors of a public school academy may transact business on behalf of the academy at a meeting of the board so long as a...

Michigan Supreme Court Case Summaries: April 26, 2004.
April 26, 2004... Byline: Michigan Lawyers Weekly Staff Civil Procedure Jurisdiction - Breach Of Promise To Construct Sewer Where plaintiff-developer sought damages from defendant-township for an alleged breach of promise to construct a sewer line,...

U.S. Supreme Court Case Summaries: April 26, 2004.
April 26, 2004... Byline: Michigan Lawyers Weekly Staff Negligence Non- Party At Fault - Injured Employee's Employer Where plaintiff-carpenter sued defendant-general contractor for injuries sustained on the job site, defendant may name plaintiff's...

Verdicts & Settlements April 26, 2004: Declaratory relief granted in bad faith suit.
April 26, 2004... Byline: Michigan Lawyers Weekly Staff Safety National Casualty Corporation requested a declaratory judgment against the City of Livonia that Safety National had no obligation under an excess workers' compensation insuring agreement to...

Group of employees wins $1.6M for race harassment.
April 26, 2004... Byline: Sonny N. Sheth Can a group of employees successfully sue their employer and collect significant damages for racial harassment, even though only one of the plaintiffs suffered economic loss? A recent $1.6 million arbitration...

Fault can be allocated to non-party employer, rules Oakland County Circuit Court.
April 26, 2004... Byline: Michigan Lawyers Weekly Staff Where a worker sued a general contractor and a subcontractor for injuries he allegedly suffered on a job site, the defendants were entitled to name the worker's employer as a non-party at fault, the...

Med-mal defendants may name non-parties at fault, rules Michigan Court of Appeals.
April 26, 2004... Byline: Lynn Patrick Ingram Two defendants in a medical malpractice case were entitled to name several other defendants -- who had been dismissed after settling with the plaintiff -- as non-parties at fault, the Michigan Court of Appeals...

Michigan Lawyers In The News: April 26, 2004.
April 26, 2004... Byline: Michigan Lawyers Weekly Staff Appointments Joanne B. Faycurry has been appointed to the board of trustees of Children's Hospital of Michigan. Faycurry, a principal in Miller, Canfield, Paddock and Stone, P.L.C.'s Detroit...

Michigan Court of Appeals Case Summaries: April 26, 2004.
April 26, 2004... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Child Abuse, First Degree. Sufficient Evidence. "While there was minimal testimony at best indicating that defendant's theory of the case could 'possibly' have explained the...

Michigan Supreme Court Orders: April 26, 2004.
April 26, 2004... Byline: Michigan Lawyers Weekly Staff Leave Granted Leave To Appeal Vacated Garg v. Macomb County Community Mental Health. SC: 121361; COA: 223829; Macomb CC: 95-003319-CK. On order of the Court, the motion to extend the time to...

Group of employees wins $1.6M for race harassment.
April 26, 2004... Byline: Sonny N. Sheth Can a group of employees successfully sue their employer and collect significant damages for racial harassment, even though only one of the plaintiffs suffered economic loss? A recent $1.6 million arbitration...