Michigan Lawyers Weekly articles from August 2003

Michigan Lawyers Weekly archives from August 2003

Michigan Supreme Court Orders: August 4, 2003.
August 4, 2003... Byline: Michigan Lawyers Weekly Staff Appeal Vacated Barnowsky v. General Motors. SC: 120768; COA: 231169; WCAC: 00-000183. On order of the Court, leave to appeal having been granted and this case having been briefed and agreed by the...

U.S. Supreme Court Case Summaries: August 4, 2003.
August 4, 2003... Byline: Michigan Lawyers Weekly Staff Civil Procedure Improper Closing Argument - New Trial Ordered Where defense counsel, in his closing argument, asserted that plaintiff's counsel, "[f]or the price of less than $10,000,... ...

U.S. Court of Appeals 6th Circuit Case Summaries: August 4, 2003.
August 4, 2003... Byline: Michigan Lawyers Weekly Staff Civil Procedure Punitive Damages - Federal Cap Where the jury awarded defendant $50,000 in compensatory damages and $750,000 in punitive damages in this race discrimination case, and the...

U.S. District Court Western District Case Summaries: August 4, 2003.
August 4, 2003... Byline: Michigan Lawyers Weekly Staff ERISA Home Care Benefits - Remedies Not Exhausted Where plaintiff-health care provider seeks payment for home-care services rendered to defendant-insured through defendant-employee benefit...

Michigan Lawyers In The News: August 4, 2003.
August 4, 2003... Byline: Michigan Lawyers Weekly Staff NewsMakers Elections Bryan J. Waldman has been elected president of the Michigan Trial Lawyers Association. Others elected include: Michael Pitt -- president-elect; Linda Miller Atkinson...

Court of Appeals Unpublished Criminal Case Summaries: August 4, 2003.
August 4, 2003... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Felonious Assault; Habitual Offender, Fourth Offense. Prosecutorial Misconduct. "There is no merit to the argument that the use of the term 'shank' by the prosecutor was...

Verdicts & Settlements August 4, 2003: $95K Settlement For Multiple Dog Bites.
August 4, 2003... Byline: Michigan Lawyers Weekly Staff On or about Oct. 5, 2002, the plaintiff was an invitee at the defendants' home located upon the premises of the Crestwood Motel in Traverse City. The defendants own and operate the motel and owned a...

Kent County Circuit Court Judge Rules Defense Lawyer's Closing 'Improper'.
August 4, 2003... Byline: Michigan Lawyers Weekly Staff A defense lawyer in a med-mal case committed misconduct requiring a new trial where, in his closing statements, he recited facts that were not entered into the record, vouched for his client's...

Pizza Man Not Covered While Driving Rental Car, Rules Michigan Court Of Appeals.
August 4, 2003... Byline: Michigan Lawyers Weekly Staff A driver who crashed a rental car while delivering pizzas was not entitled to insurance coverage under the rental agreement, the Michigan Court of Appeals has ruled in an issue of first impression. ...

Request For Records Not Subject To The MCPA, Rules Michigan Supreme Court.
August 4, 2003... Byline: Lynn Patrick Ingram A law firm that was charged approximately $2 per page for its client's medical records could not sue the company that copied the records under the Michigan Consumer Protection Act (MCPA), the Michigan Supreme...

Putative Dad Can't Intervene In Child Protective Proceeding, Rules Michigan Supreme Court.
August 4, 2003... Byline: Sonny N. Sheth A putative father did not have standing to intervene in a child protective proceeding under the juvenile code where the child at issue already had a legal father, the Michigan Supreme Court has decided. The...

Michigan Court of Appeals Case Summaries: August 4, 2003.
August 4, 2003... Byline: Michigan Lawyers Weekly Staff Administrative Law Medicaid Overpayments - No Liability Where the trial court affirmed defendant-department of community mental health's final administrative decision, finding plaintiff-doctor...

Mich. Supreme Court Case Summaries: August 4, 2003.
August 4, 2003... Byline: Michigan Lawyers Weekly Staff Consumer Law Costs To Copy Medical Records For Litigation - Consumer Protection Act Inapplicable Where a law firm made a litigation-related request for copies of plaintiff's medical records...

Verdicts & Settlements August 4, 2003: $3.325M Settlement For Negligence, Product Liability.
August 4, 2003... Byline: Michigan Lawyers Weekly Staff A 36-year-old nurse was driving alone, entering a curve to her left when an oncoming truck and trailer approached the curve in the opposite direction. The truck driver applied the brakes and the trailer...

Verdicts & Settlements August 4, 2003: $2.4 Million Settlement For Infant's Cerebral Palsy.
August 4, 2003... Byline: Michigan Lawyers Weekly Staff This case involved the failure to timely deliver minor John Doe by the defendant physician and the defendant hospital. There was no disagreement amongst the parties through the testimony of various...

Michigan Court of Appeals Unpublished Civil Case Summaries: August 11, 2003.
August 11, 2003... Byline: Michigan Lawyers Weekly Staff Taxation Property Tax - Cemetery Where the Michigan Tax Tribunal concluded that only one acre of petitioner's 41 acres of property could be characterized as a cemetery that was tax exempt...

Mich. Supreme Court Case Summaries: August 11, 2003.
August 11, 2003... Byline: Michigan Lawyers Weekly Staff Contract Waiver And Modification - Mutuality Where parties to a contract seek to waive or modify the agreement's original terms, this may not be done unilaterally. "This case implicates...

Michigan Supreme Court Orders: August 11, 2003.
August 11, 2003... Byline: Michigan Lawyers Weekly Staff Court Rule Amendments - ADM File Nos. 2002-40 and 2003-31 Amendment of Rules 7.302, 7.304, and 7.315 of the Michigan Court Rules ADM File Nos. 2002-40 and 2003-31 Amendment of Rules 7.302,...

U.S. Court of Appeals 6th Circuit Case Summaries: August 11, 2003.
August 11, 2003... Byline: Michigan Lawyers Weekly Staff Arbitration No Agreement - No Arbitration Where the federal district court ordered the parties to arbitrate "any and all disputes related to" the claim based upon an arbitration provision...

U.S. District Court Eastern District of Mich. Case Summaries: August 11, 2003.
August 11, 2003... Byline: Michigan Lawyers Weekly Staff Communications Law Cable Communications Act - Personally Identifiable Information Where defendant-broadband Internet provider maintained records of IP address-URL links, this was not personally...

Michigan Lawyers In The News: August 11, 2003.
August 11, 2003... Byline: Michigan Lawyers Weekly Staff NewsMakers Appointments Thomas W. Linn has been appointed to the Detroit Regional Chamber's board of directors, and has become the secretary of the 2003 Metropolitan Affairs Coalition's...

Michigan Attorney General Opinion Summaries: August 11, 2003.
August 11, 2003... Byline: Michigan Lawyers Weekly Staff Criminal Law Firearms - Concealed Weapons A person licensed to carry a concealed pistol may lawfully occupy a motor vehicle in which a pistol has been left that belongs to another person who...

U.S. District Court Western District Case Summaries: August 11, 2003.
August 11, 2003... Byline: Michigan Lawyers Weekly Staff ERISA Insurance Benefits Claim - Denial For Self- Inflicted Injury Where defendant, an ERISA health insurance plan, denied medical coverage benefits for the insured on the basis that his death...

Verdicts & Settlements August 11, 2003: $300K Settlement For Underinsured Motorist Action.
August 11, 2003... Byline: Michigan Lawyers Weekly Staff Twelve-year-old Mark Kennell was a pedestrian on a rural road in Ingham County when he was struck by an automobile. He suffered a broken leg that required surgery as well as insertion of a metal plate...

Worker Can Sue Despite Arbitration Agreement, Rules 6th Circuit.
August 11, 2003... Byline: Michigan Lawyers Weekly Staff A discharged employee's Title VII lawsuit against her employer was not subject to the mandatory pre-dispute arbitration agreement she signed upon accepting employment, the 6th Circuit Court of Appeals...

Company's Silence Did Not Modify Commission Contract, Rules Michigan Supreme Court.
August 11, 2003... Byline: Michigan Lawyers Weekly Staff Even though a company was silent when its sales representative sold to customers who were specifically excluded from the sales territory expressed in the parties' contract, this did not amount to a...

Employee Can't Get Workers' Comp, Rules Michigan Supreme Court.
August 11, 2003... Byline: Sonny N. Sheth An employee whose pre-existing neck condition was aggravated when he started working again could not collect workers' compensation benefits, the Michigan Supreme Court has ruled. The employer argued that the...

Grandma Not Entitled To Visitation With Grandchild, Rules Michigan Supreme Court.
August 11, 2003... Byline: Lynn Patrick Ingram A grandmother is not entitled to visitation with her grandchild under Michigan's grandparent visitation statute because the statute is unconstitutional, the Michigan Supreme Court has ruled. The grandmother...

Michigan attorney Bruce F. MacFarlane dies at 49 years of age.
August 11, 2003... Byline: Michigan Lawyers Weekly Staff Bruce F. MacFarlane, 49 Bruce F. MacFarlane, a principal shareholder of Blake, Kirchner, Symonds, MacFarlane, Larson & Smith, P.C., passed away July 31, 2003. He was 49. MacFarlane earned his...

Michigan Court of Appeals Case Summaries: August 11, 2003.
August 11, 2003... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Possession With Intent To deliver Cocaine. Sufficient Evidence. "[T]he evidence could allow the jury to rationally conclude that defendant was sufficiently in possession and...

Verdicts & Settlements August 11, 2003: $2.2M Settlement Awarded In Wrongful Death Matter.
August 11, 2003... Byline: Michigan Lawyers Weekly Staff This case involved the death of a 48-year-old man who had been admitted to defendant hospital with the diagnosis of acute diverticulitis. Subsequent to the plaintiff's admission, his condition...

Verdicts & Settlements August 11, 2003: Truck Crosses Centerline, Strikes Car Head-On.
August 11, 2003... Byline: Michigan Lawyers Weekly Staff The 38-year-old plaintiff was driving his work truck near Adrian when he was struck head-on by another truck that had crossed over the centerline. Immediately before, this truck hit the rear end of the...

Michigan Court of Appeals Unpublished Civil Case Summaries: August 18, 2003.
August 18, 2003... Byline: Michigan Lawyers Weekly Staff Real Property Zoning Variance - Insufficient Record Where plaintiff-property owner challenges defendant-village's decision to grant two variances regarding office space near her home, we find...

Mich. Supreme Court Case Summaries: August 18, 2003.
August 18, 2003... Byline: Michigan Lawyers Weekly Staff Criminal Law Criminal Sexual Conduct - Statutory Right To Polygraph Examination Where defendant was convicted of first- and second-degree criminal sexual conduct, the conviction is affirmed,...

Michigan Supreme Court Orders: August 18, 2003.
August 18, 2003... Byline: Michigan Lawyers Weekly Staff Administrative Orders ADM File No. 2003-27 Administrative Order No. 2003-5 Annual Dues Notice for the State Bar of Michigan On order of the Court, the State Bar of Michigan shall...

U.S. Court of Appeals 6th Circuit Case Summaries: August 18, 2003.
August 18, 2003... Byline: Michigan Lawyers Weekly Staff Criminal Law Clean Water Act - Jurisdiction Where defendant was convicted under the Clean Water Act of filling in Michigan wetlands, the district court erred by finding that it lacked...

Woman Can Sue Doctor For Patient Abandonment, Rules Michigan Court Of Appeals.
August 18, 2003... Byline: Lynn Patrick Ingram A high-risk pregnancy patient whose doctor refused to perform a procedure after finding out that the patient had sued the doctor's officemate may amend her complaint to include a claim of "patient abandonment"...

Michigan Court of Appeals Case Summaries: August 18, 2003.
August 18, 2003... Byline: Michigan Lawyers Weekly Staff Administrative Law Licensing And Regulation - Casino Suppliers Where plaintiffs' businesses provide services to Detroit casino patrons in exchange for vouchers issued by the casinos,...

U.S. District Court Eastern District Case Summaries: August 18, 2003.
August 18, 2003... Byline: Michigan Lawyers Weekly Staff Chapter 7 Preferential Transfer - Key Employee Retention Agreement Where the trust seeks to void certain transfers made from the debtor to its chief financial officer under a "key employee...

Verdicts & Settlements August 18, 2003: Auto Negligence Matter Settles For $3.15M.
August 18, 2003... Byline: Michigan Lawyers Weekly Staff The 18-year-old plaintiff was walking on the left side of the road in his neighborhood when he was struck from behind by a truck owned by Michigan International Speedway, in Michigan Center. It was...

Commentary: Young Lawyers Drowning In Debt.
August 18, 2003... Byline: Michigan Lawyers Weekly Staff On Oct. 7, 1998, the federal government made it next to impossible for a debtor to discharge her student loans. Prior to this date, such loans were nearly as easy to discharge as credit card debt....

Commentary: Trust Account Garnishment.
August 18, 2003... Byline: Marcia L. Proctor From time to time, creditors may attempt to garnish or attach property held by lawyers on behalf of others, including client trust account monies. By definition, trust account funds contain money of clients or...

'McDonnell Douglas' Jury Instruction Not Error, Rules 6th Circuit.
August 18, 2003... Byline: Michigan Lawyers Weekly Staff An employee was not entitled to reversal of a jury verdict in favor of his employer even though the trial instructed the jury on the prima facie case and "burden-shifting" guidelines set forth in...

Handling 6th Circuit Appeals Requires Specific Knowledge.
August 18, 2003... Byline: Michigan Lawyers Weekly Staff There are certain things every lawyer -- new or experienced -- should know before tackling a 6th Circuit appeal, practitioners tell Lawyers Weekly. Without such knowledge, navigating the court's...

Defendant Entitled To Appellate Lawyer Fees, Rules Michigan Court Of Appeals.
August 18, 2003... Byline: Sonny N. Sheth A defendant may recover appellate attorney fees for having to defend a personal injury lawsuit where the plaintiff rejected a case evaluation award, the Michigan Court of Appeals has ruled. The plaintiff argued...

Michigan Lawyers In The News: August 18, 2003.
August 18, 2003... Byline: Michigan Lawyers Weekly Staff NewsMakers Appointments Judge Stephen L. Borrello has been appointed to the Court of Appeals. Previously, Borrello was an assistant prosecuting attorney in Saginaw County before becoming...

Verdicts & Settlements August 18, 2003: $3.8M Verdict For Fraudulent Business Transaction.
August 18, 2003... Byline: Michigan Lawyers Weekly Staff As part of being in certain medical imaging facilities, plaintiffs Barry Switzer (a former football coach) and Larry Derryberry (a former attorney general for Oklahoma) signed personal guaranties of...

Verdicts & Settlements August 18, 2003: $1.6M Settlement For Teen Rear-Ended By State-Owned Truck.
August 18, 2003... Byline: Michigan Lawyers Weekly Staff On Sept. 19, 2001, the plaintiff was a passenger in an automobile that was eastbound on M-21 near Lowell. The car in which the plaintiff was riding was stopped on M-21 waiting for traffic to clear so...

Michigan Lawyers In The News: August 25, 2003.
August 25, 2003... Byline: Michigan Lawyers Weekly Staff NewsMakers Appointments Judge Scott Bowen has been appointed to the 62A District Court in Wyoming. Bowen was previously a partner with McInerney & Bowen in Grand Rapids. F. Thomas...

Michigan attorney Paul J. O'Reilly dies at his home.
August 25, 2003... Byline: Michigan Lawyers Weekly Staff Paul J. O'Reilly, a founding member of Macomb County's largest law firm, O'Reilly, Rancillo, Nitz, Andrews, Turnbull & Scott, P.C., died at his home recently. In 1984, O'Reilly, along with Kenneth...

Michigan Court of Appeals Case Summaries: August 25, 2003.
August 25, 2003... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery; Home Invasion, First Degree. Severance. "[D]efendants were not entitled to separate trials or separate juries. Neither defendant clearly, affirmatively and fully...

Michigan Court of Appeals Unpublished Criminal Case Summaries: August 25, 2003.
August 25, 2003... Byline: Michigan Lawyers Weekly Staff Sentencing Presentence Report - Remanded For Correction Where defendant's presentence report contains an error regarding his prior convictions, it is remanded for correction. Defendant's...

State Bar Of Michigan's Animal Law Prosecutors Committee Takes Form.
August 25, 2003... Byline: Michigan Lawyers Weekly Staff The Animal Law Section of the State Bar of Michigan recently formed a special "Prosecutors Committee" that will attack animal cruelty head-on by aiding in the enforcement of the state's animal cruelty...

Plaintiff's Insurer Limited To Subrogation, Rules Michigan Court Of Appeals.
August 25, 2003... Byline: Sonny N. Sheth An accident victim who settled a lawsuit against the driver who hit her was not required to use the settlement funds to reimburse her own insurance company for medical expenses it had already paid her, the Michigan...

U.S. District Court Eastern District Case Summaries: August 25, 2003.
August 25, 2003... Byline: Michigan Lawyers Weekly Staff Civil Procedure Attorney's Improper Remarks - Mistrial Granted Where plaintiff's attorney in this negligence case made "inflammatory comments" during his closing and rebuttal arguments, the...

Husband & Wife Legal Team A Complement To Profession.
August 25, 2003... Byline: Kelly A. McCauley A little more than 20 years ago, Claudia Roberts was intensely focused on her coursework at the University of Michigan Law School. Little did she know that a random pairing in a business law class was about to...

Police Cruiser, Disabled Car 'Involved' In Motorcycle Crash, Rules Michigan Court Of Appeals.
August 25, 2003... Byline: Karen M. Poole Where a motorcycle rider collided with a police cruiser that was parked behind a disabled vehicle in a traffic lane, both the cruiser and the disabled vehicle were "involved" in the accident making both the State of...

U.S. Court of Appeals 6th Circuit Case Summaries: August 25, 2003.
August 25, 2003... Byline: Michigan Lawyers Weekly Staff Arbitration Delay - Waiver Where the district court granted defendant's motion to stay these proceedings pending arbitration, this was error because defendant's actions constituted a waiver of...