Michigan Lawyers Weekly articles from August 2004

Michigan Lawyers Weekly archives from August 2004

Michigan Court of Appeals Case Summaries: August 2, 2004.
August 2, 2004... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Receiving And Concealing Stolen Property Over $1,000 But Less Than $20,000. Knowledge. "The prosecution produced sufficient evidence of defendant's knowledge that the moped was...

U.S. District Court for W. District of Mich.: Proposed Amendments to Local Civil and Criminal Rules.
August 2, 2004... Byline: Michigan Lawyers Weekly Staff UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN Administrative Order Re: Proposed Amendments to Local Civil Rules 5.2, 5.7, 10, 16 and 83.3 and Local Criminal Rules 12.7 and...

United Stated Bankruptcy Court Eastern District of Michigan: Request for comments.
August 2, 2004... Byline: Michigan Lawyers Weekly Staff UNITED STATED BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN REQUEST FOR COMMENTS ON PROPOSED NEW AND AMENDED PROCEDURES FOR CHAPTER 11 AND OTHER CASES The Rules Committee of the Bankruptcy...

Michigan Supreme Court Case Summaries: August 2, 2004.
August 2, 2004... Byline: Michigan Lawyers Weekly Staff Civil Procedure Damages - Med- Mal Damage Cap Applies To Wrongful Death Cases Where plaintiffs sued for wrongful death based on an underlying claim for medical malpractice, the medical...

Commentary: Proper drafting of electronic evidence protocols.
August 2, 2004... Byline: Sharon D. Nelson and John W. Simek Discovery holds many a thorny briar patch and one of the thorniest is how to handle electronic evidence. Opposing counsel may not permit a harmonious resolution of all issues relating to...

Verdicts & Settlements August 2, 2004: $1.4M settlement for store's negligence.
August 2, 2004... Byline: Michigan Lawyers Weekly Staff The plaintiff, 29-year-old Deann Hawkins, was shopping at the Monroe Sears with her 2 1/2-year-old daughter. While the plaintiff was momentarily distracted, a jewelry display weighing approximately 40...

Verdicts & Settlements August 2, 2004: Med-mal matter results in defense verdict.
August 2, 2004... Byline: Michigan Lawyers Weekly Staff Plaintiff Tina Schwander alleged that defendant Dr. Timothy Esser negligently performed a spinal anesthesia procedure, which had been done in preparation for a C-section. The procedure allegedly...

Verdicts & Settlements August 2, 2004: No cause verdict in knee surgery case.
August 2, 2004... Byline: Michigan Lawyers Weekly Staff The plaintiff alleged that board certified orthopedic surgeon John Martin, D.O., missed an intrasubstance tear of the meniscus on June 19, 1999. Prior to the arthroscopy procedure, an MRI on May...

Commentary: Michigan Supreme Court limits more rights of the accused.
August 2, 2004... Byline: Alan Saltzman It seems clear the conservative justices who currently control the Michigan Supreme Court (Chief Justice Maura D. Corrigan and justices Stephen J. Markman, Clifford W. Taylor, Elizabeth A. Weaver and Robert P. Young...

Wrongful death claim subject to med-mal cap on damages, rules Michigan Supreme Court.
August 2, 2004... Byline: Michigan Lawyers Weekly Staff A plaintiff whose wrongful death claim was based on medical malpractice was subject to the medical malpractice noneconomic damages cap, the Michigan Supreme Court has decided. The plaintiff claimed...

Med-mal plaintiff can't show causation, rules Michigan Supreme Court.
August 2, 2004... Byline: Todd C. Berg A medical-malpractice plaintiff could not establish a link between a doctor's alleged malpractice and his cerebral palsy, mental retardation and other neurological problems, the Michigan Supreme Court has ruled. ...

Accident victims didn't meet serious impairment threshold, rules Michigan Supreme Court.
August 2, 2004... Byline: Lynn Patrick Ingram An auto accident victim who could not perform his job at the same level for the same number of hours per day because of a back injury, and another who could not work or play guitar in his band for several months...

Michigan Lawyers in the News: August 2. 2004.
August 2, 2004... Byline: Michigan Lawyers Weekly Staff Appointments Katheryne L. Zelenock has been appointed co-chair of the Commercial eMortgage Committee of the Mortgage Industry Standards Maintenance Organization. Zelenock, a partner in the...

U.S. District Court for Eastern District of Michigan: Notice of Proposed Amendment To Local Rules.
August 2, 2004... Byline: Michigan Lawyers Weekly Staff UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN NOTICE OF PROPOSED AMENDMENT TO LOCAL RULES At their regular meeting on June 7, 2004, the Judges of the United States District...

Bicyclist's highway claim should be allowed to go to jury, rules Michigan Court of Appeals.
August 2, 2004... Byline: Michigan Lawyers Weekly Staff A woman who claimed she was injured when her bike hit a pothole should have been allowed to proceed with her claim against the county road commission, the Michigan Court of Appeals has ruled. The...

U.S. Court of Appeals 6th Circuit Case Summaries: August 2, 2004.
August 2, 2004... Byline: Michigan Lawyers Weekly Staff Civil Rights Section 1983 - Qualified Immunity Where plaintiff-prisoner alleges that defendant-guard retaliated against him by issuing him a major misconduct ticket because plaintiff exercised...

Verdicts & Settlements August 2, 2004: Bank recovers property interest, damages.
August 2, 2004... Byline: Michigan Lawyers Weekly Staff Plaintiff Republic Bank had lost its mortgage interest in valuable commercial property when the Genesee County Treasurer took title pursuant to 1999 PA123 for delinquent real estate taxes. The...

Criminal-acts exclusion doesn't bar coverage, rules Michigan Supreme Court.
August 9, 2004... Byline: Todd C. Berg The criminal-acts exclusion in a couple's homeowners policy did not preclude coverage for the shooting death of an invitee where the insured believed the gun was unloaded when he pulled the trigger, the Michigan...

County can't use eminent domain to take property, rules Michigan Supreme Court.
August 9, 2004... Byline: Lynn Patrick Ingram A county was not entitled to use its power of eminent domain to take property from various landowners for use in a private development, the Michigan Supreme Court has decided. The property owners argued that...

Michigan Supreme Court Case Summaries: August 9, 2004.
August 9, 2004... Byline: Michigan Lawyers Weekly Staff Civil Procedure Standing - Injury To Individuals Where plaintiffs claimed that a mining company's expanded operations, authorized by a permit issued by the Department of Environmental Quality,...

U.S. Court of Appeals 6th Circuit Case Summaries: August 9, 2004.
August 9, 2004... Byline: Michigan Lawyers Weekly Staff Bankruptcy Chapter 7 - Student Loans Where the federal district court affirmed the bankruptcy court's decision to discharge some of the Chapter 7 debtor's student loans without determining...

Commentary: Finding the money to be your own boss.
August 9, 2004... Byline: Dana Locniskar You have thought about it for months, if not years. Your business plan is written -- you're nearly ready to leave the law firm that taught you so much over the years, and go it alone in your own practice. In an...

Verdicts & Settlements August 9, 2004: Defendant destroyed 'defective' chair.
August 9, 2004... Byline: Michigan Lawyers Weekly Staff The plaintiff was sitting in an old chair at work when, without warning, it broke and caused her to fall and strike her head and shoulders on the cement floor. She reported the accident to her...

Verdicts & Settlements August 9, 2004: $173K verdict for PIP, UIM matter.
August 9, 2004... Byline: Michigan Lawyers Weekly Staff This is an uninsured motorist claim and PIP claim arising from an automobile accident that took place on Jan 3, 2001. On the date of the accident, defendant State Farm Insurance Company insured the...

Verdicts & Settlements August 9, 2004: Sales commission claim settles for $175K.
August 9, 2004... Byline: Michigan Lawyers Weekly Staff The plaintiff was a commissioned sales representative employee of the defendant who sold equipment to the franchise restaurant industry. The biggest area of dispute related to approximately $220,000 in...

U.S. District Court for Eastern District of Michigan: Notice of Proposed Amendment to Local Rules.
August 9, 2004... Byline: Michigan Lawyers Weekly Staff UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN NOTICE OF PROPOSED AMENDMENT TO LOCAL RULES At their regular meeting on June 7, 2004, the Judges of the United States District...

Jury may consider decedent's failure to take her medication, rules Michigan Supreme Court.
August 9, 2004... Byline: Lynn Patrick Ingram A jury apportioning fault in a medical-malpractice claim may consider the decedent's failure to take her blood pressure medication regularly before seeking emergency treatment for dizziness, the Michigan Supreme...

Michigan Lawyers in the News: August 9. 2004.
August 9, 2004... Byline: Michigan Lawyers Weekly Staff Appointments Judge Richard Skutt has been appointed to the Wayne County Circuit Court. Skutt was previously a shareholder with Glotta, Skutt & Associates, P.C. Sherisse Fiorvento has been...

Michigan Court of Appeals Case Summaries: August 9, 2004.
August 9, 2004... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Concealed Weapon, Felon In Possession, Felony Firearm. New Trial Properly Denied. "[D]efendant first contends that the trial court erred in refusing to grant a new trial based...

Claims against nursing home sound in medical malpractice, rules Michigan Supreme Court.
August 9, 2004... Byline: Michigan Lawyers Weekly Staff An estate's claims that its decedent was killed because a nursing home failed to train its staff "to assess the risk of potential asphyxia" and "negligently and recklessly failed to inspect the beds,...

Michigan Supreme Court Orders: August 9, 2004.
August 9, 2004... Byline: Michigan Lawyers Weekly Staff Miscellaneous Orders People v. Morson. SC: 124083; COA: 238750; Oakland CC: 1999-167284-FC. Defendant has filed motions for permission to file a supplemental brief discussing Blakely v Washington,...

Commentary: Developing competency in emotional intelligence.
August 9, 2004... Byline: Dr. Agustin V. Arbulu A previous article discussed the role of emotional intelligence (EI) among lawyers and how it can contribute to improving performance in their practice. Some attorneys serve in an in-house role, others are...

Verdicts & Settlements August 9, 2004: Bus, small truck collide at intersection.
August 9, 2004... Byline: Michigan Lawyers Weekly Staff A city bus collided with the plaintiff's small pick-up truck at an intersection. The police report was against the plaintiff, in addition to the independent witness listed on the police report. ...

Commentary: Law firm transition plans.
August 16, 2004... Byline: Marcia L. Proctor During the course of a legal career a lawyer may leave practice, either temporarily or permanently. A lawyer may become a judge or seek other public office that prohibits a separate law practice. A lawyer may take...

Commentary: Beware of the 'Double Dip'.
August 16, 2004... Byline: Charles A. Esser, CPA, CBA, ABV A double dip can be a good or bad thing. The double dip ice cream cone is definitely a good thing, but a double-dipping chip eater at a party is a bad thing. As a CPA whose practice is deeply...

Verdicts & Settlements August 16, 2004: Med-mal claim facilitates for $1.15M.
August 16, 2004... Byline: Michigan Lawyers Weekly Staff This medical malpractice case involved the failure to diagnose and treat coronary artery disease in a 44-year-old man, resulting in his death from a myocardial infarction. Plaintiff's decedent...

Final two weeks of Michigan Supreme Court's term seen as groundbreaking.
August 16, 2004... Byline: Karen M. Poole Practitioners tell Lawyers Weekly that the last two weeks of the Michigan Supreme Court's 2003-04 term may have been the most significant two-week span in the high court's history in terms of the impact the decisions...

U.S. Court of Appeals 6th Circuit Case Summaries: August 16, 2004.
August 16, 2004... Byline: Michigan Lawyers Weekly Staff Attorneys Offer Of Judgment - No Attorney Fees Even though plaintiff in this consumer action is entitled to an award for costs under Rule 68 (offer of judgment), plaintiff was not entitled to...

U.S. District Court Western District Case Summaries: August 16, 2004.
August 16, 2004... Byline: Michigan Lawyers Weekly Staff Employment FLSA - Overtime Where plaintiff-employee sued defendant-employer for allegedly violating the Fair Labor Standards Act (FLSA) by improperly denying him overtime wages, the record...

Verdicts & Settlements August 16, 2004: $85K verdict for UIM claim.
August 16, 2004... Byline: Michigan Lawyers Weekly Staff This underinsured motorist claim involved a motorcycle/pick-up truck collision, which incurred $10,828 in medicals for the two-day hospital stay and $2,796 in lost wages. The plaintiff's doctor...

Verdicts & Settlements August 16, 2004: Rear-end collision matter nets $1M.
August 16, 2004... Byline: Michigan Lawyers Weekly Staff 52-year-old plaintiff suffered injuries to both lower extremities and her right eye after being rear-ended by the defendant's gravel truck. Defendant driver alleged the plaintiff slammed on her brakes...

Flood damage claim barred by one-year filing limitation, rules Michigan Court of Appeals.
August 16, 2004... Byline: Lynn Patrick Ingram A couple's insurance claim for flood damage to their basement was barred by a provision in their homeowners' policy requiring that actions for payment be filed within one year, the Michigan Court of Appeals has...

Debtor must show hardship for partial discharge, rules 6th Circuit.
August 16, 2004... Byline: David M. Benson A debtor was required to demonstrate "undue hardship" before receiving a discharge of her student loans, even though she was only seeking a partial discharge, the 6th U.S. Circuit Court of Appeals has held. The...

Michigan Lawyers in the News: August 16, 2004.
August 16, 2004... Byline: Michigan Lawyers Weekly Staff Elections Erika Butler-Akinyemi has become president-elect of the D. Augustus Straker Bar Association for a one-year term. Butler-Akinyemi concentrates her practice on personal injury,...

Michigan Court of Appeals Case Summaries: August 16, 2004.
August 16, 2004... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery; Conspiracy To Commit Armed Robbery. Evidence. "Viewing the evidence in the light most favorable to the prosecution, we find that the trial court properly denied...

County must return land not needed for project, rules Michigan Supreme Court.
August 16, 2004... Byline: Michigan Lawyers Weekly Staff A county that used the threat of eminent domain to secure property for use as a stadium parking lot could not keep the property and transfer it to another private entity after determining it did not...

Michigan Court of Appeals Unpublished Civil Case Summaries: August 16, 2004.
August 16, 2004... Byline: Michigan Lawyers Weekly Staff Governmental Immunity Trespass- Nuisance - Burial In Cemetery Where plaintiff sued defendants, claiming a body had been buried in the wrong location and then moved without the necessary permit,...

U.S. District Court Eastern District Case Summaries: August 16, 2004.
August 16, 2004... Byline: Michigan Lawyers Weekly Staff Evidence Expert Witness - Treating Physician Where plaintiffs in this negligence case intend to offer the testimony of plaintiff's treating psychologist, it was not necessary for plaintiffs to...

Michigan Court of Appeals Case Summaries: August 23, 2004.
August 23, 2004... Byline: Michigan Lawyers Weekly Staff Administrative Law Construction Violation Citation - Sufficient Evidence Where respondent-department of consumer and industry services issued a citation to petitioner-elevator company for...

U.S. District Court for E. District of Michigan: Notice of Proposed Amendment To Local Rules.
August 23, 2004... Byline: Michigan Lawyers Weekly Staff UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN NOTICE OF PROPOSED AMENDMENT TO LOCAL RULES At their regular meeting on June 7, 2004, the Judges of the United States District...

Michigan worker fired for obtaining PPO wins big under WPA.
August 23, 2004... Byline: Todd C. Berg Can an employee who was fired for obtaining a personal protection order against a coworker he had been dating successfully sue his former employer under the Whistleblower Protection Act, even though the employee's...

U.S. Court of Appeals 6th Circuit Case Summaries: August 23, 2004.
August 23, 2004... Byline: Michigan Lawyers Weekly Staff Civil Rights Section 1983 - First Amendment - Prison Discipline Where a prisoner alleges a corrections officer violated his First Amendment rights by charging him with threatening behavior,...

Verdicts & Settlements August 23, 2004: Accident victim gets $54K for shoulder injury.
August 23, 2004... Byline: Michigan Lawyers Weekly Staff The plaintiff was a 51-year-old part-time U.S. mail worker. She had been a front-seat passenger in a rear-end crash, in which she injured her shoulders and neck. After months of treatment without relief...

Verdicts & Settlements August 23, 2004: Gender bias suit ends in unanimous defense verdict.
August 23, 2004... Byline: Michigan Lawyers Weekly Staff Originally, nine plaintiffs filed suit, alleging gender-based discrimination, sexual harassment and retaliation. Later, other plaintiffs joined, bringing the total to 14. Subsequently, some voluntarily...

Verdicts & Settlements August 23, 2004: Worker fired for obtaining PPO wins big under WPA.
August 23, 2004... Byline: Todd C. Berg Can an employee who was fired for obtaining a personal protection order against a coworker he had been dating successfully sue his former employer under the Whistleblower Protection Act, even though the employee's...

Some say 'sniping' among Michigan justices crosses the line.
August 23, 2004... Byline: Todd C. Berg Some say the rhetoric between justices writing for the majority and those writing for the dissent often crosses the line from healthy debate to counterproductive personal attacks that do nothing to bolster confidence...

Michigan Lawyers in the News: August 23, 2004.
August 23, 2004... Byline: Michigan Lawyers Weekly Staff Appointments Scott A. Chernich has been appointed Chapter 7 Panel Trustee for the United States Bankruptcy Court. Chernich, a shareholder with Foster, Swift, Collins & Smith, P.C, in Lansing,...

Former U.S. Rep. William D. Ford dies at 77.
August 23, 2004... Byline: Michigan Lawyers Weekly Staff Former U.S. Rep. William D. Ford, a Democrat who spent three decades on Capitol Hill and was recognized for helping expand educational opportunities for students, has died. He was 77. Ford died...

Tolling agreement violated public policy, rules Michigan Court of Appeals.
August 23, 2004... Byline: Lynn Patrick Ingram A disgruntled client's legal malpractice suit against his former attorney was time-barred, even though the agreement between the parties called for the statute of limitations on such a claim to be tolled until...

State police not immune from suit over death, rules Michigan Court of Appeals.
August 23, 2004... Byline: Karen M. Poole Even though a state trooper was not driving in a "grossly negligent" manner when he collided with and killed another driver, the state police are not entitled to governmental immunity because issues of fact remain...

Michigan Court of Appeals Unpublished Criminal Case Summaries: August 23, 2004.
August 23, 2004... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Murder, First Degree; Carrying A Dangerous Weapon With Unlawful Intent. Premeditation. "Although there was no evidence of a prior relationship between defendant and the victim,...

Commentary: Sweating the small stuff: The simple techniques of risk management.
August 23, 2004... Byline: Emily Eichenhorn Risk management is not as complicated as one might assume. While that may sound like blasphemy to my peers, there's no denying that the most effective risk management techniques often are the simplest ones. With...

Verdicts & Settlements August 23, 2004: $5.8M verdict for breach of contract.
August 23, 2004... Byline: Michigan Lawyers Weekly Staff The plaintiff had been in the business of importing used cars from Canada into the U.S. for the wholesale market. In order to grow his business he needed additional capital. The defendant, one of the...

Attendant care ruling stuns members of plaintiffs' Bar.
August 30, 2004... Byline: Karen M. Poole Practitioners tell Lawyers Weekly that a recent appellate decision holding that the saving provision contained in the Revised Judicature Act (RJA) does not apply to no-fault actions will have a significant impact on...

Michigan Lawyers in the News: August 30, 2004.
August 30, 2004... Byline: Michigan Lawyers Weekly Staff Appointments Wayne P. Bryan has been appointed managing partner of McShane & Bowie, P.L.C., in Grand Rapids. Additionally, Richard A. Durell has been appointed as a member of the executive...

U.S. District Court Eastern District Case Summaries: August 30, 2004.
August 30, 2004... Byline: Michigan Lawyers Weekly Staff Bankruptcy Involuntary Petition - Bona Fide Dispute Where appellant filed an involuntary bankruptcy petition against appellee-building company under 11 USC Sect. 303(b), the bankruptcy court...

Up and Coming Michigan Lawyers 2004.
August 30, 2004... Byline: Michigan Lawyers Weekly Staff There are many stars among the veteran members of the Michigan legal community. A number of attorneys fresh out of the starting blocks are beginning to make their marks as well. In this issue, Michigan...

Child invitee entitled to heightened duty of care, rules Michigan Court of Appeals.
August 30, 2004... Byline: Lynn Patrick An 11-year-old boy who was injured when he fell from a Jacob's Ladder at the defendants' farm may have his claim heard by a jury, even though the ladder may have presented an open and obvious to an adult, the Michigan...

U.S. District Court for Eastern District of Michigan: Notice of proposed amendment to local rules.
August 30, 2004... Byline: Michigan Lawyers Weekly Staff UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN NOTICE OF PROPOSED AMENDMENT TO LOCAL RULES At their regular meeting on June 7, 2004, the Judges of the United States District...

Verdicts & Settlements August 30, 2004: Wrongful death suit settles for $745K.
August 30, 2004... Byline: Michigan Lawyers Weekly Staff Decedent Michael Mayer, a 44-year-old machinist and divorced father of two teenage sons who was off-work due to a disabling knee injury, drove into the rear end of a box trailer parked on the side of...

Verdicts & Settlements August 30, 2004: Qui tam claim nets $1.1M settlement.
August 30, 2004... Byline: Michigan Lawyers Weekly Staff This case was filed in 2001 under the qui tam provisions of the False Claims Act, Title 31, United States Code, Sect. 3730(b)-(h), on behalf of plaintiffs Todd Gervae and Michael Inman, two Upper...

Verdicts & Settlements August 30, 2004: $5.8M verdict for breach of contract.
August 30, 2004... Byline: Michigan Lawyers Weekly Staff The plaintiff imported used cars from Canada to sell wholesale in the U.S. market. In order to grow his business, he needed additional capital. The defendant, one of the largest used car auctions...

One of the nation's top personal injury lawyers, Stanley S. Schwartz, 74, has died.
August 30, 2004... Byline: Michigan Lawyers Weekly Staff Stanley S. Schwartz, founder of Southfield-based Sommers, Schwartz, Silver and Schwartz and widely recognized as one of the nation's top personal injury lawyers, has died. He was 74. [Editor's Note...

Q&A with Judge Amy Krause - 54-A District Court, Lansing, Michigan.
August 30, 2004... Byline: Michigan Lawyers Weekly Staff Judge Amy Krause - 54-A District Court, Lansing Education: University of Notre Dame Law School (1987); University of Michigan (1984) Experience: Judge, 54-A Lansing District Court; assistant...

Michigan Court of Appeals Case Summaries: August 30, 2004.
August 30, 2004... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Carrying A Concealed Weapon In A Vehicle; Felon In Possession Of A Firearm. "No weapon was found in the immediate vicinity in which defendant was apprehended; however,...

U.S. Court of Appeals 6th Circuit Case Summaries: August 30, 2004.
August 30, 2004... Byline: Michigan Lawyers Weekly Staff Civil Rights Section 1983 - Qualified Immunity Where a man died shortly after being detained, restrained and subdued by Nashville police officers, we find the officers are not entitled to...

Broken ribs, missed work not 'serious impairment,' rules Michigan Court of Appeals.
August 30, 2004... Byline: Lynn Patrick Ingram A plaintiff who missed almost two months of work after fracturing his ribs in an auto accident did not suffer a serious impairment of body function under the new standard outlined by the Michigan Supreme Court...

Michigan Court of Appeals: Worker's retaliatory discharge claim fails.
August 30, 2004... Byline: Todd C. Berg An employee who was discharged for possession of marijuana cannot not sue his employer for retaliatory discharge under the Persons With Disabilities Civil Rights Act (PWDCRA) based on his participation in a lawsuit...

U.S. District Court Western District Case Summaries: August 30, 2004.
August 30, 2004... Byline: Michigan Lawyers Weekly Staff Civil Procedure Qui Tam Action - Payment Of Attorney Fees Where several motions regarding the payment of attorney fees in this quit tam action are before the court, the court concludes that...

Commentary: Automotive manufacturer/dealer litigation expected to increase.
August 30, 2004... Byline: Brit T. Brown Automotive manufacturers and dealers are confronted with an increasingly competitive environment wherein too many competitors offer an excessive supply of an increasingly redundant and deflationary product to a...