Michigan Lawyers Weekly articles from April 2006

Michigan Lawyers Weekly archives from April 2006

SLAPP suits infringe on constitutional free speech rights.(Letter to the editor)
April 3, 2006... Byline: Michigan Lawyers Weekly Staff To The Editor: Over the past several years, I have represented, on behalf of the American Civil Liberties Union Fund of Michigan, numerous defendants in SLAPP suits, which were discussed in...

Michigan Court of Appeals rules that a defective design claim calls for public building exception.(Renny v. Michigan Department of Transportation)(slip and fall accident and premises liability case)(Case overview)
April 3, 2006... Byline: Todd C. Berg, Esq. A woman who was injured when she slipped and fell on a patch of ice that had formed due to a design defect in a state-owned roadside rest area could proceed with her premises liability claim under the public...

Michigan Court of Appeals authorizes two time-barred med-mal cases to proceed.(George Verbrugghe v. Select Specialty Hospital-Macomb County, Inc)(wrongful death medical-malpractice case)(Case overview)
April 3, 2006... Byline: Todd C. Berg Legal Analysis All may not be lost for wrongful death medical-malpractice plaintiffs whose claims appear time-barred under Waltz v. Wyse and Ousley v. McLaren. According to two recent decisions by the Michigan...

Michigan trial lawyer that has never lost a case.(interview with Cheryl A. Bush )(Interview)
April 3, 2006... Byline: Sheryl M. Vassallo Trial attorney Cheryl A. Bush majority owner and managing partner of Bush Seyferth Kethledge and Paige PLLC in Troy has had an enormously distinguished career, from successfully trying national cases for...

Michigan employee promotions and new hires.(Cynthia E. Brazzil joins State Bar of Michigan)(Robert A. Buchanan joins Law, Weathers & Richardson, P.C)(Geoffrey H. Seidlein joins Hubbard, Fox, Thomas, White & Bengtson, P.C. )
April 3, 2006... Byline: Michigan Lawyers Weekly Staff Appointments Monica Navarro has been appointed to the State of Michigan Board of Psychology. Navarro, a principal with Frank, Haron, Weiner and Navarro, in Troy, centers her practice on all...

Attorney discipline board case summaries: April 3, 2006.
April 3, 2006... Byline: Michigan Lawyers Weekly Staff Board Opinion Reinstatement Petition Denial - Evidentiary Hearing "The petitioner, William Leo Cahalan, Jr., was suspended from the practice of law in Michigan in three separate cases, for nine...

Attorney general case summaries: April 3, 2006.(custody for children of wedlock regulation)(Brief article)
April 3, 2006... Byline: Michigan Lawyers Weekly Staff Family Law Custody - Acknowledgement Of Paternity Act After a mother and father sign an acknowledgment of parentage concerning a child born out of wedlock, in accordance with the...

Michigan court of appeals case summaries: April 3, 2006.
April 3, 2006... Byline: Michigan Lawyers Weekly Staff Civil Rights Section 1983 - State- Created Danger Claim A man who agreed to help police with a drug investigation, and his family, cannot sue under Sect. 1983 on a state-created danger theory...

Michigan court of appeals case summaries: April 3, 2006.
April 3, 2006... Byline: Michigan Lawyers Weekly Staff Arbitration 'Drop Dead' Provision - Upheld Where plaintiffs' argument that the arbitrators exceeded their authority is essentially a disagreement with the arbitrators' interpretation of the...

Michigan court of appeals case summaries: April 3, 2006.
April 3, 2006... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery; Felon In Possession Of A Firearm; Felony Firearm; Habitual Offender, Second Offense. Photo Identification. "The trial court ruled that there was no undue...

Michigan supreme court case summaries: April 3, 2006.
April 3, 2006... Byline: Michigan Lawyers Weekly Staff Contract Accord And Satisfaction - Statute Abrogates Common Law Whether an accord and satisfaction has occurred is determined by reference to MCL 440.3311, which has abrogated the common law on...

Michigan Supreme Court Orders.
April 3, 2006... Byline: Michigan Lawyers Weekly Staff Attorney Discipline Matters Thomas v. Attorney Grievance Comm'n. SC: 130148; AGC: 0775/05. On order of the Court, the complaint for superintending control is considered. Relief is DENIED, because...

Changes in bankruptcy statutory filing fees.(Brief article)
April 3, 2006... Byline: Michigan Lawyers Weekly Staff Announcement Filing Fees - Chapters 7 And 13 Notice Regarding Changes In Statutory Filing Fees Effective April 9, 2006 Pursuant to a memorandum from the Administrative Office of the U. S....

U.S. Court of Appeals 6th Circuit.
April 3, 2006... Byline: Michigan Lawyers Weekly Staff Arbitration Exclusive Remedy Provision - Inapplicable We affirm the district court's decision, which confirmed a $68 million arbitration award against Duramed Pharmaceuticals in favor of...

Commentary: Public companies hesitate giving public guidance.
April 3, 2006... Byline: Tim Hanson Today, many public companies have taken the silent approach when it comes to giving public guidance on a quarterly or annual basis. More often than not a company says guidance focuses investors and analysts away from...

Verdicts & settlements April 3, 2006: Michigan woman gets $350K in reverse discrimination settlement.(Brief article)
April 3, 2006... Byline: Michigan Lawyers Weekly Staff Plaintiff Stacie Menger, a white female, was employed in the medical records department of Hurley Medical Center in Flint. She alleged that she was the victim of racial harassment in what plaintiff's...

Verdicts & settlements April 3, 2006: Michigan jury returns 'no cause' verdict for insurance fraud.(Brief article)
April 3, 2006... Byline: Michigan Lawyers Weekly Staff The plaintiffs purchased a large, obsolete facility in Bloomfield Township for use as a hospice. The plaintiff's zoning request was denied after the purchase. Mere months after the zoning decision, a...

Verdicts & settlements April 3, 2006: Michigan jury reaches 'no cause' verdict for auto negligence c.(Case overview)
April 3, 2006... Byline: Michigan Lawyers Weekly Staff Injury claims were brought by plaintiff Deborah Wade as the result of a significant three car collision that occurred on May 27, 2003, while the plaintiff was traveling eastbound on M-50 near Matthews...

Verdicts & settlements April 3, 2006: Oakland shareholder dispute settles for $705K.
April 3, 2006... Byline: Michigan Lawyers Weekly Staff Plaintiff's counsel noted that a recent Oakland County Circuit Court case demonstrates that minority shareholders have a remedy when those in control of a corporation engage in wrongdoing. The...

Claim that landlord failed to clear ice from sidewalk will go to trial.(Benton v. Dart Properties, Inc)(slip and fall accident case)(Case overview)
April 10, 2006... Byline: Todd C. Berg, Esq. A man who slipped and fell on his apartment complex's icy sidewalk could proceed to trial on the claim that his landlord violated MCL 554.139(1)(a) by failing to clear ice from the premises' walkways, the...

Michigan Supreme Court muzzles new time guideline reporting rule.(Legislation)
April 10, 2006... Byline: Denise G. Callahan The Michigan Supreme Court may have muzzled a new time guideline reporting rule, but the perceived bite is still there and practitioners are feeling it. Although the portion of the rule that mandated a...

E-discovery business is booming.
April 10, 2006... Byline: Sylvia Hsieh Practice Trend Five years ago, law firms reacted with extreme skepticism when Michele Lange suggested that they needed an electronic discovery expert. Lange, a staff attorney with Kroll Ontrack Inc., a vendor...

Michigan Lawyers in the News: April 10, 2006.(John W. Allen joins State Bar of Michigan Special Task Force)(Michael D. Nelson opens his own firm)(James R. Lancaster joins Miller, Canfield, Paddock and Stone, P.L.C.)
April 10, 2006... Byline: Michigan Lawyers Weekly Staff Appointments Sebastian V. Grassi Jr. has been appointed to the ALI-ABA Estate Planning Advisory Panel. Grassi is with Grassi & Toering, PLC, in Troy. John W. Allen has been named co-chair...

Michigan Court of Appeals Case Summaries: April 10, 2006.(Beyer v. Verizon North, Inc)(Res Judicata case)(People v. Keller)(searches and seizures case)(Benton v. Dart Properties)(premises liability case)
April 10, 2006... Byline: Michigan Lawyers Weekly Staff Civil Procedure Res Judicata - Effect Of Federal Consent Judgment Res judicata prevents plaintiff-telephone service customers in this case from challenging an intrastate subscriber line charge...

Michigan Court of Appeals (Unpublished Civil): April 10, 2006.(Mansoori v. Birmingham Imports, Inc)(fraud and breach of contract case)(Smith v. Smith)(divorce property settlement case)(Bonucchi v. Michigan State Univ. Board of Trustees)(medical malpractice case)
April 10, 2006... Byline: Michigan Lawyers Weekly Staff Civil Procedure Assignment Of Claims - Statute Of Limitations Plaintiff could not sue defendant-general contractor and others under an amended assignment of claims from an unpaid subcontractor...

Michigan Court of Appeals (Unpublished Criminal).(People v. Zysk)(assault with intent to murder and injury case)(People v. Yanna)(criminal law case)(People v. Marsh)(drug trade case)
April 10, 2006... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Possession Of An Explosive Device Causing Injury; Conspiracy To Assault With Intent To Murder. Sufficient Evidence. "As conceded by defendant, the prosecution presented...

Michigan Supreme Court Orders: April 10, 2006.
April 10, 2006... Byline: Michigan Lawyers Weekly Staff Administrative Orders ADM File No. 2006-01 Appointment of Chief Judge of the 10th Judicial Circuit Court Pursuant to MCR 8.110, it is ordered that the Honorable Robert L. Kaczmarek is...

U.S. Court of Appeals 6th Circuit Case Summaries: April 10, 2006.(Causey v. City of Bay City)(warrantless search case)(United States v. Hochschild)(sex with minor case)(United States v. Pough)(legal malpractice case)
April 10, 2006... Byline: Michigan Lawyers Weekly Staff Criminal Law Warrantless Search - Exigent Circumstances Police officers who conducted a warrantless search of plaintiffs' backyards and residences were improperly denied summary judgment in...

Commentary: COA case reinforces insurance agents' duty to advise insureds.(Michigan Court of Appeals case Bamal Corp. v. Chassis Powder Coating Inc.)
April 10, 2006... Byline: Ralph C. Chapa What happens when a policyholder suffers a loss that is not covered on their limited policy? Some insureds are inclined to blame the insurance agent who sold them the policy for not advising or requiring the...

Verdicts & Settlements April 10, 2006: Auto negligence matter settles for $1.1M.(Bailer v. Bailer)(liability for traffic accident case)
April 10, 2006... Byline: Michigan Lawyers Weekly Staff Defendant Debra Bailer, the mother of Robert Bailer, owned an insured vehicle carrying $100,000 primary limits with Farmers Insurance and an umbrella with Farmers Insurance with a limit of $1 million....

Verdicts & Settlements April 10, 2006: $2.3M settlement for auto negligence suit.(Estate of Roden v. Knight Transportation)(traffic accident)(Brief article)
April 10, 2006... Byline: Michigan Lawyers Weekly Staff Plaintiff's decedent Roger Roden, who was riding his bicycle, was stopped for a red light. When it turned green and he began to cross the street, he collided with a truck being operated by the defendant...

Verdicts & Settlements April 10, 2006: First Amendment suit draws injunction.(JoBet, Inc. v. City of Southgate)(Denial of right to freedom of expression case)
April 10, 2006... Byline: Michigan Lawyers Weekly Staff On May 10, 2000, defendant City of Southgate passed Ordinance 695, which banned all public nudity and certain sexual conduct. When the ordinance was passed, there were only two topless establishments in...

Who signed your client's affidavit of merit or meritorious defense?
April 17, 2006... Byline: Todd C. Berg, Esq. Medical Malpractice Analysis The only thing more difficult than finding the right expert for a medical-malpractice case may be finding the right expert to sign the necessary affidavits of merit or meritorious...

Maintaining an organized office essential to success.(managing legal practices)
April 17, 2006... Byline: Sheryl M. Vassallo Managing Your Practice Piles of papers stacked high on your desk. Hustling about trying to find where that client file is. Feeling anxious. Knowing you're not being as productive as you'd like to be. For...

Experts in the jury box.
April 17, 2006... Byline: Reni Gertner (This story was originally published in Lawyers Weekly USA, another Dolan Media Company publication.) As states across the nation continue to seek the quintessential fair and impartial jury, some court systems have...

Michigan Lawyers in the News: April 17, 2006.(Loren Andrulis joins Warner Norcross & Judd LLP)(Anthony J. Rusciano joins Plunkett & Cooney)(Mark K. Harder joins American College of Trust and Estate Counsel)
April 17, 2006... Byline: Michigan Lawyers Weekly Staff Appointments Court of Appeals Judge Michael R. Smolenski, 67th District Court Judge Mark McCabe and attorney Donald M. Fulkerson have been reappointed to the Michigan Court Reporting and Recording...

Michigan Court of Appeals Case Summaries: April 17, 2006.(Case overview)
April 17, 2006... Byline: Michigan Lawyers Weekly Staff Governmental Immunity Suicide In Jail Cell - Proximate Cause City and county law enforcement personnel have governmental immunity from claims arising from the jail cell suicide of plaintiff's...

Michigan Court of Appeals (Unpublished Criminal) Case Summaries: April 17, 2006.(Case overview)
April 17, 2006... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Assault With Intent To Do Great Bodily Harm Less Than Murder; Assault And Battery. Sufficient Evidence. "Defendant argues that the evidence was insufficient to support the...

Michigan Supreme Court Decisions: April 17, 2006.(Case overview)
April 17, 2006... Byline: Michigan Lawyers Weekly Staff Criminal Law Felony Murder - Perpetration Of Underlying Felony A defendant who drove the wrong way on a freeway and killed two individuals in a head-on crash while fleeing the scene of a home...

Michigan Supreme Court Orders: April 17, 2006.(Case overview)
April 17, 2006... Byline: Michigan Lawyers Weekly Staff Administrative Orders ADM File No. 2004-04 Administrative Order No. 2006-4 Adoption of Concurrent Jurisdiction Plan for the 28th Circuit Court and the 84th District Court of Wexford County...

U.S. Court of Appeals 6th Circuit: April 17, 2006.(Case overview)
April 17, 2006... Byline: Michigan Lawyers Weekly Staff Criminal Law Invalid Search Warrant - No Good-Faith Because we find that no reasonably objective police officer could have concluded that the warrant was supported by probable cause, we hold...

Commentary: unlocking the mystery behind breath testing: the right of access to source codes.(Michigan)
April 17, 2006... Byline: Patrick T. Barone Michigan drivers violate the law when it can be proved that their bodily alcohol content was .08 or above at the time they operated a motor vehicle. In court, this determination is most often based on the...

Verdicts & Settlements April 17, 2006: No fault matter secures $258K verdict.(Kline v. Denning)(negligence case)
April 17, 2006... Byline: Michigan Lawyers Weekly Staff The defendant, while traveling eastbound on I-94 in Calhoun County, lost control of his pick-up truck while towing a cargo trailer on a snowy, windy winter day. Meanwhile, the plaintiff, who was...

Verdicts & Settlements April 17, 2006: Subrogation suit results in 'no cause'.(Citizens Insurance Company of America v. ABC Appliance, Inc. )
April 17, 2006... Byline: Michigan Lawyers Weekly Staff In December 2002, Edward Kejonen was the store manager of the Muskegon ABC Appliance store. In late 2001, he had purchased a 2002 Chevrolet Avalanche which was insured by Citizens Insurance. On Dec. 9,...

Verdicts & Settlements April 17, 2006: Defense defeats elderly slip-and-fall plaintiff.(Bohanan v. Saks Fifth Avenue)(Case overview)
April 17, 2006... Byline: Michigan Lawyers Weekly Staff The 73-year-old plaintiff, whom lead defense trial counsel said appeared as a sweet, little old lady, was the only witness to the accident. Defense counsel said attacking her credibility was crucial to...

Cognitive psychology and prior knowledge.
April 24, 2006... Byline: Michigan Lawyers Weekly Staff To the Editor: The efforts of New York and California to limit jurors' application of professional knowledge to trial evidence are unrealistic, as it violates the limits of human cognitive control....

Rep. Elsenheimer wants insurance commissioner to report on med-mal marketplace.
April 24, 2006... Byline: Todd C. Berg, Esq. Tort Reform Committee If there was a tool to measure the effectiveness of medical-malpractice reform, wouldn't it make sense to use it? Rep. Kevin Elsenheimer thinks so. That's why the Bellaire...

Commentary: Dress for success.
April 24, 2006... Byline: Sheryl M. Vassallo Managing Your Practice You know the old saying that rings true even today -- you never get a second chance to make a first impression. Attorneys cannot afford to make a bad first impression. It could...

Law firms eye focus groups for market research.
April 24, 2006... Byline: Nora Lockwood Tooher Practice Tip When Graham & Dunn, a mid-sized Seattle law firm, considered moving its offices from downtown to the up-and-coming waterfront several years ago, its attorneys wondered how clients would react....

Michigan Lawyers in the News: April 24, 2006.(Craig N. Meurlin joins Warner Norcross & Judd LLP)(Gary J. McRay joins Foster, Swift, Collins & Smith)(Michael J. Brown receives award)
April 24, 2006... Byline: Michigan Lawyers Weekly Staff Appointments Craig N. Meurlin has been named chair of the international business practice group of Warner Norcross & Judd LLP, in Grand Rapids. Meurlin concentrates his practice on...

Michigan Court of Appeals Case Summaries: April 24, 2006.
April 24, 2006... Byline: Michigan Lawyers Weekly Staff Criminal Law Parolee - Sentencing Credit When defendant-parolee was arrested for a new criminal offense, he was being held on a "parole detainer" until he is convicted of that offense, and he...

Michigan Court Of Appeals Unpublished Civil Case Summaries: April 24, 2006.
April 24, 2006... Byline: Michigan Lawyers Weekly Staff Arbitration Employment Termination - Authority Not Exceeded Plaintiff's allegations that the arbitrator exceeded his powers by disregarding the express terms of the employment agreement,...

Michigan Court Of Appeals Unpublished Criminal Case Summaries: April 24, 2006.
April 24, 2006... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Aggravated Stalking. Sufficient Evidence. Defendant argues that "there was insufficient evidence to support his convictions when the complainant's testimony was inconsistent,...

Michigan Supreme Court Orders: April 24, 2006.
April 24, 2006... Byline: Michigan Lawyers Weekly Staff Certified Question In Re Certified Question from the United States Court of Appeals for the Ninth Circuit Veliz, et al. v. Cintas Corp., et al. SC: 130190; CA-9: 04-16843; ND Cal:...

U.S. Court of Appeals 6th Circuit Case Summaries: April 24, 2006.
April 24, 2006... Byline: Michigan Lawyers Weekly Staff Civil Rights Exculpatory Evidence - Prison Release Where a plaintiff sued various police and government employees after DNA evidence freed him from prison sentences for rape and murder, we...

Commentary: Doctor who? Avoiding fraudulent opinion experts.
April 24, 2006... Byline: Roger H. Schmedlen Recently, a Michigan attorney employed an expert witness to provide opinions and testimony to support a plaintiff's allegations of negligent security. This expert, who was not board certified as a "certified...

Verdicts & Settlements April 24, 2006: Auto negligence case yields $120K verdict.(Plotkowski v. Bochinski)(Brief article)
April 24, 2006... Byline: Michigan Lawyers Weekly Staff The plaintiff sustained a herniated disc as a result of a rear-end collision involving the defendant. Discovery showed that while the plaintiff went through more than 40 sessions of physical therapy,...

Verdicts & Settlements April 24, 2006: $620K verdict for medical-malpractice suit.(Howe v. Ganatra)(Brief article)
April 24, 2006... Byline: Michigan Lawyers Weekly Staff This medical-malpractice case arose out of the defendant's failure to timely arrive at a diagnosis of chronic inflammatory demilenating polyneuropathy (CIDP). The plaintiff, a 37-year-old HIV...

Verdicts & Settlements April 24, 2006: Homeowner liability case gets 'no cause'.(Werkema v. Rockafellow)
April 24, 2006... Byline: Michigan Lawyers Weekly Staff The defendant owned a three-unit rental property in Ionia. On the evening of Feb. 28, 2002, the 29-year-old plaintiff came to the premises to visit the upstairs tenant. Upon leaving the apartment, the...

Verdicts & Settlements April 24, 2006: $1M settlement for workplace negligence suit.(Brief article)
April 24, 2006... Byline: Michigan Lawyers Weekly Staff A delivery truck driver was helping a forklift operator unload a two-ton oxygen tank used by welders. The forklift operator caused the tank to tip onto the plaintiff, smashing his hand and hurting his...