Michigan Lawyers Weekly articles from August 2005

Michigan Lawyers Weekly archives from August 2005

ABA advocates jury trial innovations.(American Bar Association releases progressive set of jury principles)
August 1, 2005... Byline: Nora Lockwood Tooher (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication). In an endeavor that could affect millions of Americans called for jury duty each year, the American Bar...

Michigan Supreme Court says nonemployee's sex bias suit won't go to jury.
August 1, 2005... Byline: Michigan Lawyers Weekly Staff A sexual harassment plaintiff was barred from suing her alleged harasser's employer for negligent retention and violation of the Civil Rights Act (CRA), the Michigan Supreme Court has ruled. The...

Commentary: Offer 'Kreiner' solutions, not just criticism.
August 1, 2005... Byline: Michigan Lawyers Weekly Staff To the editor: "Kreiner: Back in the Legislature's crosshairs" was an interesting article discussing legislative efforts to correct what many perceive to be the Kreiner case addition of a new test...

Michigan Lawyers in the News: August 1, 2005.(appointments and speakers)
August 1, 2005... Byline: Michigan Lawyers Weekly Staff Appointments Ronald E. Hodess has been appointed chair of the Real Property Section of the State Bar of Michigan's Special Committee on Construction Law. Hodess is a principal in the Troy...

Commentary: Revisiting the Structured Settlement Protection Act.
August 1, 2005... Byline: Liisa R. Speaker The time has arrived to revisit the Structured Settlement Protection Act (SSPA) that was enacted by the Michigan legislature in 2000 to regulate the transfer of structured settlements. (See, MCL 691.1191 et seq.)...

Verdicts & Settlements: August 1, 2005: Slip and fall matter nets $74K award.(Brief Article)
August 1, 2005... Byline: Michigan Lawyers Weekly Staff The plaintiff, a 51-year-old dental office manager, went to the defendant's restaurant with her husband. As she entered the building, she slipped on a rubber mat placed upon a tile floor. The mat slid...

Verdicts & Settlements: August 1, 2005: $100K verdict for UI motorist claim.(Uninsured motorist)(Brief Article)
August 1, 2005... Byline: Michigan Lawyers Weekly Staff The plaintiff suffered aggravation of a previously asymptomatic low-back condition when she was struck while stopped in traffic on I-75. She missed a year and a half of work, and has been told that she...

Verdicts & Settlements: August 1, 2005: 'No cause' for dramshop matter.(Brief Article)
August 1, 2005... Byline: Michigan Lawyers Weekly Staff The plaintiff initially filed a negligent hiring and dramshop case against the defendant, J.D.'s Lounge, Inc. The negligence claim was dismissed upon the defendant's motion pursuant to MCR 2.116(C)(10)....

Verdicts & Settlements: August 1, 2005: $229K verdict for unpaid sales commissions.(Brief Article)
August 1, 2005... Byline: Michigan Lawyers Weekly Staff The plaintiff quit his employment after the defendant continually shorted him on his commissions. The defendant claimed the plaintiff was paid all commissions due. The plaintiff requested all...

U.S. Court of Appeals 6th Circuit Case Summaries: August 1, 2005.
August 1, 2005... Byline: Michigan Lawyers Weekly Staff Civil Rights Claim Accrual - Action Not Time- Barred Where plaintiff alleged a due process violation under 42 USC Sect. 1983 after being forced to resign as Commissioner of the Kentucky...

No-fault insurer's demand for medical examination allowed by MI Court of Appeals.(Muci v. State Farm Mutual Automobile Ins. Co.)
August 1, 2005... Byline: Todd C. Berg, Esq. A no-fault insurer that was being sued for refusal to pay personal injury protection (PIP) benefits was not entitled to demand that the insured submit to a condition-free independent medical examination, the...

U.S. Bankruptcy Court Case Summaries: August 1, 2005.
August 1, 2005... Byline: Michigan Lawyers Weekly Staff Chapter 7 Collateral Estoppel - Willful Injury Plaintiff-creditor is not entitled to have a debt owed by the debtors declared nondischargeable under 11 USC Sect. 523(a)(6) for a default...

Michigan Supreme Court Case Summaries: August 1, 2005.
August 1, 2005... Byline: Michigan Lawyers Weekly Staff Criminal Law Sentencing - Physical Injury To Victim Where defendant killed the victim by shooting him in the head, defendant, for sentencing purposes, cannot be assessed 100 points under...

Michigan Supreme Court Orders Case Summaries: August 1, 2005.
August 1, 2005... Byline: Michigan Lawyers Weekly Staff Appeal Vacated People v. Robinson. SC: 125441; COA: 252755; Ottawa CC: 02-026516-FH. On the order of the Court, leave to appeal having been granted and the Court having considered the briefs and...

Michigan Court Of Appeals Case Summaries: August 1, 2005.
August 1, 2005... Byline: Michigan Lawyers Weekly Staff Employment Prevailing Wage Act - Constitutionality The Prevailing Wage Act, which requires that nonunion workers on public construction projects be paid the equivalent of the union wage in the...

Michigan Court Of Appeals Unpublished Civil Case Summaries: August 1, 2005.
August 1, 2005... Byline: Michigan Lawyers Weekly Staff Business Law Partnership - Modification Claim Plaintiffs can get to a jury on their claim that defendants' longstanding course of conduct was inconsistent with the terms of a partnership...

Michigan Court of Appeals Unpublished Criminal Case Summaries: August 1, 2005.
August 1, 2005... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Criminal Sexual Conduct, Second Degree. Identification Evidence. "While the evidence against defendant was circumstantial, there was evidence to support his identification as...

Verdicts & Settlements-August 8, 2005: Auto accident settles for $395K.
August 8, 2005... Byline: Michigan Lawyers Weekly Staff The plaintiff, a 29-year-old licensed practical nurse, was stopped at an intersection, waiting for opposing traffic to clear before turning left. As she waited, the light turned yellow. Coming from...

Verdicts & Settlements-August 8, 2005: 'No cause' for auto negligence claim.
August 8, 2005... Byline: Michigan Lawyers Weekly Staff This lawsuit arose out of a May 2002 rear-end collision auto accident. The defendant crashed into the plaintiff's vehicle at approximately 40 mph. Photographs of the plaintiff's vehicle were introduced...

Verdicts & Settlements-August 8, 2005: Elderly dog-bite victim gets $133K.(Brief Article)
August 8, 2005... Byline: Michigan Lawyers Weekly Staff The elderly plaintiff was a houseguest of his niece when he was attacked by a neighbor's dog. The defendant neighbor claimed that the plaintiff provoked the dog and hit it, causing it to bite in...

U.S. Court of Appeals 6th Circuit Case Summaries: August 8, 2005.
August 8, 2005... Byline: Michigan Lawyers Weekly Staff Criminal Law Sentencing - 'Booker' Defendant must be resentenced for his conviction of using a telephone to extort money in exchange for the release of a kidnapped person because the federal...

U.S. Bankruptcy Court Case Summaries: August 8, 2005.
August 8, 2005... Byline: Michigan Lawyers Weekly Staff Chapter 11 Jury Trial - No Entitlement The court grants defendant's motion to strike plaintiff-debtor's demand for a jury trial because plaintiff's claims are part of the claims resolution...

Michigan Supreme Court Case Summaries: August 8, 2005.
August 8, 2005... Byline: Michigan Lawyers Weekly Staff Criminal Law OUIL Causing Death - Operation Of Vehicle To prove OUIL causing death in violation of MCL 257.625(4), a prosecutor must show that the defendant operated a vehicle while...

Michigan Supreme Court Orders: August 8, 2005.
August 8, 2005... Byline: Michigan Lawyers Weekly Staff Appeal Vacated Traxler v. Rothbart. SC: 125948; COA: 243492; Oakland CC: 01-032868-CH. On order of the Court, leave to appeal having been granted and the Court having considered the briefs and oral...

Michigan Court of Appeals Case Summaries: August 8, 2005.
August 8, 2005... Byline: Michigan Lawyers Weekly Staff Employment Whistleblower Claim - Exhaustion of Remedies An employee making a claim under the Whistleblower Protection Act is not required to first exhaust other possible administrative,...

Michigan Court of Appeals (Unpublished Civil) Case Summaries: August 8, 2005.
August 8, 2005... Byline: Michigan Lawyers Weekly Staff Arbitration Grievance - Procedures Because the parties' employment contract explicitly precludes probationary faculty members from appealing a decision to terminate their employment to the...

Michigan Court of Appeals (Unpublished Criminal) Case Summaries: August 8, 2005.
August 8, 2005... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Child Abuse, Third Degree. Evidence Of Victim's Violent Acts. This case arises from "allegations that defendant physically abused his ten-year-old daughter.... Defendant...

Michigan Attorney General Opinions: August 8, 2005.
August 8, 2005... Byline: Michigan Lawyers Weekly Staff Constitutional Law Boards And Commissions - Terms Of Office Const 1963, art 5, Sect. 3 requires that the terms of office of a board or commission created or enlarged after the effective date...

MI Supreme Court rules that one-year filing limitation is enforceable.(Michigan)
August 8, 2005... Byline: Lynn Patrick Ingram, Esq. A no-fault insurer was not required to pay uninsured motorist benefits to the victims of a car accident where the claim was not filed within one year from the date of the accident as contemplated by the...

U.S. Supreme Court rules mother cannot sue city over restraining order.(Colo. v. Gonzales)
August 8, 2005... Byline: Reni Gertner A mother whose daughters were killed by her estranged husband after police failed to enforce a temporary restraining order against him cannot sue the city, the U.S. Supreme Court has ruled. The mother claimed that...

MI Supreme Court rules woman barred from reimbursement for services rendered one yr. before suit.(Michigan)
August 8, 2005... Byline: Todd C. Berg, Esq. A woman who was providing in-home health care for her brain-injured son was barred from seeking reimbursement for services that had been rendered more than one year before she sued her no-fault insurer for...

MI Court of Appeals rules disabled boy's med-mal suit barred by statute of limitations.(Michigan)(medical malpractice)
August 8, 2005... Byline: Kelly A. McCauley The estate of an 11-year-old boy who had been rendered insane by a doctor's alleged misdiagnosis of viral encephalitis was barred from suing for medical malpractice because it did not file suit until after the...

MI Lawyers in the News: August 8, 2005.(Michigan)(appointments)
August 8, 2005... Byline: Michigan Lawyers Weekly Staff Appointments Victoria Kremski has been appointed to the American Bar Association Standing Committee on Client Protection for a three-year term. Kremski is staff counsel with the State Bar of...

Commentary: The attorney's guide to forensic experts.
August 8, 2005... Byline: Robert A. Yano This article presents answers to some of the most common questions attorneys ask when considering a technical forensic expert to support their personal injury and property damage cases. Why do I need a technical...

Michigan representative seeks to slash attorney contingency fees with new bill.(Shelley Goodman Taub)
August 15, 2005... Byline: Denise G. Callahan They're at it again. The Michigan Legislature is, once again, faced with a proposal to pick the pockets of plaintiffs' attorneys by further limiting contingency fees, a move that isn't supported by either the...

MI Court of Appeals rules that parent seeking custody must face fitness inquiry.(Mason v. Simmons)
August 15, 2005... Byline: Michigan Lawyers Weekly Staff Practitioners tell Lawyers Weekly that natural parents who haven't been actively involved in their children's lives may have an uphill battle on their hands when they try to take custody of their...

Commentary: Moving around: How to keep yourself covered.(lawyers' practice and duties)
August 15, 2005... Byline: Marcia L. Proctor Lawyer mobility is a fact of modern day law practice. Lawyers must anticipate career-enhancing offers as well as plan for family time. But a lawyer also owes duties to clients and to the lawyer's current...

Commentary: Captive insurance: A primer.
August 15, 2005... Byline: Robert W. Stocker II Post 9/11 developments in the insurance industry have created a resurgence of interest in alternatives to traditional insurance. As a result, there has been a significant increase of interest in so-called...

Verdicts & Settlements-August 15, 2005: No-fault claim settles for $75K.
August 15, 2005... Byline: Michigan Lawyers Weekly Staff When the 57-year-old, developmentally handicapped plaintiff was struck by a motor vehicle and injured while riding a moped, he applied for no-fault benefits and the Assigned Claims Fund designated the...

Verdicts & Settlements-August 15, 2005: Car crash suit ends with 'no cause' verdict.(Blake v. Seeber)
August 15, 2005... Byline: Michigan Lawyers Weekly Staff After the plaintiff, a 24-year-old male, was injured in a "T-bone" car accident, he was treated at the emergency room. Later, he underwent conservative treatment and physical therapy from his primary...

Verdicts & Settlements-August 15, 2005: 'No cause' returned in auto negligence matter.(Livingston, et al. v. Goethe,)(Brief Article)
August 15, 2005... Byline: Michigan Lawyers Weekly Staff The plaintiff alleged that she was struck by the defendant while traveling on Geddes Road in Ypsilanti, which caused her to suffer a closed head injury, cervical laminectomy, as well as other injuries...

MI Lawyers in the News: August 15, 2005.(appointments, elections, Honors)
August 15, 2005... Byline: Michigan Lawyers Weekly Staff Appointments Judy Bregman, John Charters and James Naddeo have been appointed and Charles Palmer has been reappointed to the Military Appeals Tribunal for terms expiring April 16, 2007. ...

U.S. Court of Appeals 6th Circuit Case Summaries: August 15, 2005.(Simasko v. County of St. Clair, et al., United States v. Wesley, United States v. Johnson)
August 15, 2005... Byline: Michigan Lawyers Weekly Staff Civil Rights Qualified Immunity - Prosecutor's Constructive Discharge Where plaintiff, an assistant county prosecutor, claimed he was constructively discharged after he refused to support his...

MI Court of Appeals awards med-mal plaintiff new hearing on admissibility of cancer experts.(Clerc v. Chippewa County War Memorial Hospital)
August 15, 2005... Byline: Todd C. Berg, Esq. A medical-malpractice plaintiff whose experts' testimony about the different stages of lung cancer was stricken as speculative and conjectural was entitled to a reliability hearing under either MRE 702 or the...

U.S. District Court Eastern District Case Summaries: August 15, 2005.(United States v. Morris, Wixon v. Federal Ins. Co)
August 15, 2005... Byline: Michigan Lawyers Weekly Staff Criminal Law Weapon Charge Referred To Federal Court - Remand Where defendant was referred to federal district court from state court for prosecution on a weapons charge under the Project Safe...

U.S. Bankruptcy Court Case Summaries: August 15, 2005.(Boddy v. United States Bankr. Court, Gold v. Interstate)
August 15, 2005... Byline: Michigan Lawyers Weekly Staff Chapter 13 Attorney Fees - Travel And Waiting Time The court approves the debtor's attorneys' application seeking approval of pre-confirmation, hourly attorney fees in the amount of $3,876.50...

Michigan Court of Appeals Case Summaries: August 15, 2005.(Clerc v. Chippewa County War Memorial Hospital, Michigan Electric Cooperative Ass'n, et al. v. Michigan Public Service Comm'n, Adair, et al. v. State of Michigan )
August 15, 2005... Byline: Michigan Lawyers Weekly Staff Medical Malpractice Expert Witness - Remand For Inquiry The trial court incorrectly struck as speculative testimony from plaintiff's medical-malpractice experts concerning the decedent's...

Michigan Court Of Appeals (Unpublished Criminal) Case Summaries: August 15, 2005.(People v. Sutton, People v. Woods, People v. Carter)
August 15, 2005... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery. Competency Examination. Defendant claims the trial court should have ordered a competency examination. "[T]here is no existing medical opinion regarding...

Verdicts & Settlements-August 15, 2005: Jury says 'no cause' to false arrest charge.
August 15, 2005... Byline: Michigan Lawyers Weekly Staff The plaintiff, who was a minor at the time of the incident, claimed he had been arrested for no reason while riding his bicycle in a city park. Moreover, the plaintiff alleged that, after he had...

Landowners can't get instruction on 'possibility' of bigger pay day.(Detroit Wayne County Stadium Authority v. Drinkwater, Taylor, and Merrill)
August 22, 2005... Byline: Lynn Patrick Ingram, Esq. Property owners whose land was taken by the city for use in a stadium development were not entitled to a jury instruction premised on the possibility that the land might have been taken for a higher price...

Commentary: Structured Settlement Act changes reduce consumer protections.
August 22, 2005... Byline: Eric Henning I read with interest the article written by Liisa R. Speaker where she attempted to make the case for changing Michigan's law on the transfer of structured settlements. (See, "Revisiting the Structured Settlement...

Commentary: The importance of antenuptial agreements.
August 22, 2005... Byline: Dawn Schluter The days when antenuptial agreements were used only by the "rich and famous" are gone. Although antenuptial agreements still provide grist for Hollywood rumor mills such as the one between Donald and Ivana Trump...

Univ. of Wisconsin Law School professor's study shows trials are becoming an endangered species.
August 22, 2005... Byline: Denise G. Callahan Although the frequency of trials is dwindling and at least one scholar sees the trend as treacherous, members of Michigan's legal community have yet to reach a consensus. Not long ago, University of Wisconsin...

Michigan Lawyers in the News: August 22, 2005.(appointments)
August 22, 2005... Byline: Michigan Lawyers Weekly Staff Appointments John G. Cameron Jr. has been appointed chairman of the board of trustees for Mary Free Bed Rehabilitation Hospital for a two-year term. Cameron, a partner with Warner Norcross &...

Commentary: A 'snapshot' of the Hague Convention.
August 22, 2005... Byline: Amy A. Stawski With the understandable angst of many people in the post-9/11 reality, many divorce clients wonder what if anything is in place to safeguard their children from a spouse who tries to "take the kids" to a foreign...

Verdicts & Settlements August 22, 2005: $11.9M verdict cures doctor's legal-mal ills.
August 22, 2005... Byline: Todd C. Berg, Esq. Verdicts & Settlements Plus Can a doctor successfully sue the lawyers who blew his whistleblower's claim? A $11.9 million verdict in Wayne County indicates the answer is "yes." Ann Arbor attorneys...

U.S. Court of Appeals 6th Circuit Case Summaries: August 22, 2005.
August 22, 2005... Byline: Michigan Lawyers Weekly Staff Antitrust Free Agency - No Anti-Competitive Affects Plaintiff-national hockey league's players association's claim that defendant-Ontario Hockey League ('OHL') and others conspired to violate...

Michigan Court of Appeals Case Summaries: August 22, 2005.
August 22, 2005... Byline: Michigan Lawyers Weekly Staff Real Property Condemnation - Jury Instructions In a condemnation action involving land that was targeted for casino development, the trial court properly instructed the jury that, when...

Michigan Court of Appeals (Unpublished Civil) Case Summaries: August 22, 2005.
August 22, 2005... Byline: Michigan Lawyers Weekly Staff Arbitration Building Contract - Arbitration Applicable The trial court did not err by ordering this contract dispute to go to arbitration because the dispute arose out of the parties' building...

Michigan Court of Appeals (Unpublished Criminal) Case Summaries: August 22, 2005.
August 22, 2005... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Affirmed Sentences Resisting And Obstructing A Police Officer. Ineffective Assistance. "There is a 'wide range of reasonable professional assistance ' and we find that...

Estate couldn't turn back clock on untimely med-mal complaint.(medical malpractice)
August 29, 2005... Byline: Todd C. Berg, Esq. An estate was barred from suing for medical malpractice where its initial personal representative filed an untimely complaint and the successor personal representative filed no complaint at all, the Michigan...

Practice profile: Nancy J. Diehl.(Interview)
August 29, 2005... Byline: Denise G. Callahan Detroit defense lawyers beware! Once she hangs up her State Bar of Michigan president hat, attorney Nancy J. Diehl is heading back to the courtroom where she plans to stir things up by going after the bad...

Hospital gets MI's med-mal caps applied to EMTALA recovery.(medical malpractice, Michigan)(Emergency Medical Treatment and Active Labor Act)
August 29, 2005... Byline: Michigan Lawyers Weekly Staff An estate's recovery against a hospital for violation of the federal Emergency Medical Treatment and Active Labor Act (EMTALA) was subject to Michigan's cap on noneconomic damages, the 6th U.S. Circuit...

Commentary: New studies: Suits by injured patients are not cause of insurance rate hikes.(medical malpractice)
August 29, 2005... Byline: Linda Miller Atkinson and Ken Suggs There has been lots of talk recently about the issue of medical malpractice verdicts and settlements, in which a jury or judge provides compensation to victims injured by a negligent doctor,...

Commentary: Immigration remedies for battered immigrants.
August 29, 2005... Byline: Rebecca Westphal Victims of domestic violence face not only systematic barriers in accessing their legal rights, but also societal and cultural obstacles. As a general rule, many victims face similar patterns of violence, such as...

Verdicts & Settlements August 29, 2005: Snowplow accident settles for $800K.
August 29, 2005... Byline: Michigan Lawyers Weekly Staff This case involved an accident between the plaintiff's motor vehicle and a snowplow owned by defendant City of Grand Rapids. Because accident-related injuries prevented the plaintiff from recalling...

Verdicts & Settlements August 29, 2005: 'No cause' verdict for combative customer.(cases of assault and battery)(Brief Article)
August 29, 2005... Byline: Michigan Lawyers Weekly Staff The plaintiff claimed he had gone to the defendant grocery store to return cans and bottles. He contended that when his bag of cans and bottles leaked fluid onto the store's floor, a man with a mop...

Verdicts & Settlements August 29, 2005: Serious impairment claim yields 'no cause'.(Brief Article)
August 29, 2005... Byline: Michigan Lawyers Weekly Staff After having been injured in an automobile accident with the defendant, the 61-year-old plaintiff sought conservative treatment from her primary care physician the following day, at which time an MRI...

Verdicts & Settlements August 29, 2005: 'No Cause' for passenger's death.
August 29, 2005... Byline: Michigan Lawyers Weekly Staff Plaintiff Patrick Gibbons, as father and as personal representative of the plaintiff's decedent Daniel Gibbons, filed suit against defendants Morningstar, Lohman and Boulder's Restaurant & Lounge with...

U.S. Court of Appeals 6th Circuit Case Summaries: August 29, 2005.
August 29, 2005... Byline: Michigan Lawyers Weekly Staff Bankruptcy Chapter 11 Cramdown - Interest Rate We affirm the bankruptcy court's order, imposing the debtor's Chapter 11 plan on the lenders pursuant to the Bankruptcy Code's "cramdown"...

Michigan Court of Appeals Case Summaries: August 29, 2005.
August 29, 2005... Byline: Michigan Lawyers Weekly Staff Criminal Law Self- Defense - Sentencing The prosecution effectively rebutted defendant's self-defense claim with evidence that he was able to call the police while restraining the victim, and,...

Michigan Court of Appeals (Unpublished Civil) Case Summaries: August 29, 2005.
August 29, 2005... Byline: Michigan Lawyers Weekly Staff Arbitration Non- Signatory - Agency Defendant-owner was entitled to have plaintiff's employment dispute sent to arbitration under the parties' arbitration agreement. The parties agree...

Michigan Court Of Appeals (Unpublished Criminal) Case Summaries: August 29, 2005.
August 29, 2005... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery; Felon In Possession Of A Firearm; Felony Firearm. Sufficient Evidence. "[T]here is sufficient evidence to support defendant's armed robbery conviction. One of...