Michigan Lawyers Weekly articles from August 2006

Michigan Lawyers Weekly archives from August 2006

MI Court of Appeals judge says judiciary budget is essentially a status quo spending plan.(Michigan, William C. Whitbeck )
August 7, 2006... Byline: Denise G. Callahan Money matters aren't as morose for the Michigan judiciary as they could be, but there is a huge wild card that won't be played until the voters show their hand in November, the result of which could be...

'One-year back rule' unaffected by minority/ insanity tolling provision, rules MI Supreme Court.(Michigan)
August 7, 2006... Byline: Todd C. Berg, Esq. When the Camerons sued to recover personal protection insurance benefits (PIP) for three years worth of attendant care provided to their minor son, more than a year had passed since they incurred the expenses for...

Statutory peer-review immunity for participants only, not hospitals, rules MI Supreme Court.(Michigan)
August 7, 2006... Byline: Todd C. Berg, Esq. Dr. Bruce B. Feyz sued for violation of his civil rights after the results of Mercy Memorial Hospital's peer review process led to his being placed on indefinite probation. In granting the summary disposition...

Michigan Lawyers in the News: August 7, 2006.
August 7, 2006... Byline: Michigan Lawyers Weekly Staff Appointments James P. Spica has been appointed to the board of trustees of the Interlochen Center for the Arts for a three-year term. Spica, senior counsel with Warner Norcross & Judd LLP, in...

MI Attorney Discipline Board Case Summaries: August 7, 2006.
August 7, 2006... Byline: Michigan Lawyers Weekly Staff Notice Of Automatic Interim Suspension Case No. 06-88-AI Notice Issued: July 24, 2006 Michael S. Centala, P 62529, Rogers City, Michigan. Effective July 18, 2006. On July 18,...

Michigan Court of Appeals Case Summaries: August 7, 2006.
August 7, 2006... Byline: Michigan Lawyers Weekly Staff Constitutional Law Headlee Amendment - Commercial Access Fees Commercial access fees (CAFs) imposed by the Detroit Metropolitan Wayne County Airport Authority (AA) on hotels, and parking and...

Michigan Court of Appeals Unpublished Criminal Case Summaries: August 7, 2006.
August 7, 2006... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Aggravated Assault. Intent. "According to the victim, defendant grabbed her neck and threw her down on the bed; she hit her head on the window sill; defendant began choking...

Michigan Supreme Court Case Summaries: August 7, 2006.
August 7, 2006... Byline: Michigan Lawyers Weekly Staff Attorneys Discipline - Respect For Judiciary Where an attorney made admittedly "undignified, discourteous and disrespectful remarks" on his radio show about three Court of Appeals judges, the...

U.S. Court of Appeals 6th Circuit Case Summaries: August 7, 2006.
August 7, 2006... Byline: Michigan Lawyers Weekly Staff Bankruptcy Solvent Debtor - Contractual Obligations As a general rule, a solvent debtor that breaches a contract is required to pay default interest as provided for in the contract, subject to...

Verdicts & Settlements August 7, 2006: Rear-end collision results in 'no cause'.
August 7, 2006... Byline: Michigan Lawyers Weekly Staff Plaintiff was a 42-year-old driver of a delivery van who had stopped for heavy rush hour traffic. After he stopped, he was hit from behind by the defendant's vehicle, a Honda Civic, which was totaled...

Verdicts & Settlements August 7, 2006: $450K settlement for auto negligence claim.
August 7, 2006... Byline: Michigan Lawyers Weekly Staff The 69-year-old plaintiff was driving when the defendant ran a stop sign and turned left into the plaintiff's path of travel. At the time of the collision, the defendant was hauling a wood chipper, and...

Verdicts & Settlements August 7, 2006: Medical-malpractice claim nets $73K verdict.
August 7, 2006... Byline: Michigan Lawyers Weekly Staff The plaintiff sustained a right knee injury when it struck the dashboard of his truck in an accident when his snowplow collided with a snow bank. The plaintiff sought treatment from an orthopedic...

Commentary: Celebrate the English language.
August 7, 2006... Byline: The Hon. Kaye Tertzag When doctors talk to patients, we should be able to understand them. When college instructors give lectures to students, we should be able to understand them. When computer support-staff speak to...

Michigan Court of Appeals Unpublished Civil Case Summaries: August 7, 2006.(Public notice)
August 7, 2006... Byline: Michigan Lawyers Weekly Staff Administrative Law MUSTFA Fee Challenge - No Standing Where plaintiff-petroleum sellers challenge the Michigan underground storage tank financial assurance (MUSTFA) fee assessed and collected...

MSMS Task Force acting on behalf of patients.(Letter to the editor)
August 14, 2006... Byline: Michigan Lawyers Weekly Staff To The Editor: As legal counsel to the Michigan State Medical Society, I am writing in response to "No lawyers allowed!" (See, Michigan Lawyers Weekly, July 3, 2006.) The article reports on...

Schwarz campaign desperate and dishonest.(Letter to the editor)
August 14, 2006... Byline: Michigan Lawyers Weekly Staff To The Editor: While it is easy to pander to the visceral instincts of the voting public, Joe Schwarz should be ashamed of his dishonest mailing calling attorneys "pigs" amid blatantly false claims...

AMA, Schwarz owe voters truth, apology.(Letter to the editor)
August 14, 2006... Byline: Michigan Lawyers Weekly Staff To the Editor: U. S. Congressman and candidate Joe Schwarz should be ashamed of the latest, dishonest, lawyer-bashing campaign mailing in his name from the AMA. This attack ad —...

Michigan court rules no dismissal for drunk driving defendants denied independent chemical tests.
August 14, 2006... Byline: Molly F. Dilbeck, J.D. Michigan Supreme Court Dismissal is no longer an available remedy for cases involving unreasonable denials of a defendant's statutory right to obtain an independent chemical test when that defendant is...

Evidence excluded as inadmissible in Michigan court lands in print and TV media.
August 14, 2006... Byline: Todd C. Berg Michigan Supreme Court Evidence that was excluded as "inadmissible before the jury because of its unduly prejudicial nature" ended up being reported on in both print media and various news broadcasts. ...

Michigan court hesitates with decision on med-mal suit.
August 14, 2006... Byline: Todd C. Berg Michigan Supreme Court It started out simple enough. Justice Stephen J. Markman wrote an opinion defining what the terms "specialty," "subspecialty," "board certified" and "certificate of special...

Michigan personnel and management changes.
August 14, 2006... Byline: Michigan Lawyers Weekly Staff Appointments Midland County Probate Court Judge Dorene S. Allen has been appointed chief judge of the Midland Circuit Court. 17th Judicial Circuit Court Chief Judge Paul J. Sullivan has been...

Michigan Attorney Discipline Board reinstates Michael J. Garzoni.
August 14, 2006... Byline: Michigan Lawyers Weekly Staff Notice Of Reinstatement Case No. 03-178-RP Notice Issued: August 3, 2006 Michael J. Garzoni, P 34927, Macomb Township, Michigan, by Attorney Discipline Board Tri- County Hearing Panel...

Michigan Court of Appeals case summaries: August 14, 2006.
August 14, 2006... Byline: Michigan Lawyers Weekly Staff Schools Charter School - No Standing In this case involving a challenge to the authority of Bay Mills Community College (BMCC) to authorize "Public School Academies," we conclude that the...

Michigan Court of Appeals unpublished civil case summaries: August 14, 2006.
August 14, 2006... Byline: Michigan Lawyers Weekly Staff Appeals Res Judicata - Failure To Address Issue Where the trial court ruled that plaintiff's suit was barred by res judicata, the ruling is affirmed because plaintiff has not addressed a...

Michigan unpublished criminal Court of Appeals case summaries: August 14, 2006.
August 14, 2006... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Criminal Sexual Conduct, First Degree; Assault With Intent To Murder; Burning Of A Dwelling; Armed Robbery. Right To Counsel. "[T]he trial court complied with the requirements...

U.S. Court of Appeals case summaries: August 14, 2006.
August 14, 2006... Byline: Michigan Lawyers Weekly Staff Criminal Law Sentencing - Retroactive Application Of 'Booker' There was no ex post facto or due process violation when the trial court applied Booker retroactively to defendant's sentencing,...

U.S. Eastern District Court case summaries: August 14, 2006.
August 14, 2006... Byline: Michigan Lawyers Weekly Staff Arbitration Class- Action Waiver - Unenforceable The court denies defendant-T-Mobile USA's motion to compel arbitration of a billing dispute under its cellular service contract with plaintiff,...

U.S. Western District Court case summaries: August 14, 2006.
August 14, 2006... Byline: Michigan Lawyers Weekly Staff Consumer Law Compromised Financial Information - No Damages Where plaintiff's class-action suit seeks damages for the costs of credit-monitoring products plaintiff claims are necessary to...

What employers need to know about monitoring employees.
August 14, 2006... Byline: Lindsay Dunphy labor & Employment If you have ever wondered what your employees are doing while on the job -- especially while at their computers -- you are not alone. The 2005 Electronic Monitoring & Surveillance Survey by...

Verdicts & settlements August 14, 2006: new Michigan minority law enables $1.1M settlement.
August 14, 2006... Byline: Michigan Lawyers Weekly Staff A relatively new minority shareholder protection law in Michigan, MCLA Sect. 450.1489, was recently used by an oppressed minority shareholder as a cause of action against the majority shareholders who...

Verdicts & settlements August 14, 2006: Michigan jury awards $14M for breach of contract.
August 14, 2006... Byline: Michigan Lawyers Weekly Staff The plaintiff and the defendant entered into a business relationship to manufacture and sell, through patented processes, thermoplastic elastomers, asphalt modifiers and other items related to the...

Verdicts & settlements August 14, 2006: Detroit police officers sue airport for off-duty hours.
August 14, 2006... Byline: Michigan Lawyers Weekly Staff Thirty police offices employed at the Detroit Metropolitan Airport filed suit under the Fair Labor Standards Act, seeking overtime for all off-duty hours during which they carried beepers. The...

Michigan Supreme Court issues ruling in paternity lawsuit.
August 21, 2006... Byline: Molly F. Dilbeck, J.D. Michigan Supreme Court When Kim Kristine Jeudevine was separated from her husband, she had an extramarital relationship with Michael J. Barnes Jr., which resulted in her becoming pregnant. She never...

Southfield attorney crossed the line in statements made on radio show.(Geoffrey N. Fieger )
August 21, 2006... Byline: Todd C. Berg, Esq. Michigan Supreme Court Southfield attorney Geoffrey N. Fieger never denied saying it. Of the three Michigan Court of Appeals judges whose ruling did away with his client's $15 million verdict, he never...

Michigan Supreme Court clarifies that power of purse rests with Legislature, not judiciary.
August 21, 2006... Byline: Todd C. Berg, Esq. Michigan Supreme Court When the chief judge of the newly formed 46th Circuit Trial Court sought an enhanced benefits package for the employees of the former 46th Circuit Court, he turned for funding to the...

Michigan Lawyers in the News: August 21, 2006.
August 21, 2006... Byline: Michigan Lawyers Weekly Staff Appointments David A. Trott has been appointed to the "Attorney Roundtable" of Fidelity National Foreclosure & Bankruptcy Solutions for a one-year term. Trott is president and managing partner...

Circuit Court Case Summaries: August 21, 2006.
August 21, 2006... Byline: Michigan Lawyers Weekly Staff Judgments Garnishment - Social Security Benefits Where a judgment debtor commingled his Social Security benefits with other, non-exempt funds in his savings account, the first in, first out...

Michigan Court of Appeals Case Summaries: August 21, 2006.
August 21, 2006... Byline: Michigan Lawyers Weekly Staff Contract Underinsured Motorist Benefits - Contractual Statute Of Limitations A contractual one-year limitations period on claims for underinsured motorist benefits is not subject to the...

Michigan Court of Appeals Unpublished Civil Case Summaries: August 21, 2006.
August 21, 2006... Byline: Michigan Lawyers Weekly Staff Civil Procedure Summary Disposition - Sua Sponte Rulings Where plaintiff sued several defendants for negligence and medical malpractice following the death of plaintiff's decedent, the trial...

Michigan Court of Appeals Unpublished Criminal Case Summaries: August 21, 2006.
August 21, 2006... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Assault With Intent To Do Great Bodily Harm Less Than Murder. Self-Defense. There was sufficient evidence that defendant did not act in self-defense. "A claim of self-defense...

Michigan Supreme Court Orders: August 21, 2006.
August 21, 2006... Byline: Michigan Lawyers Weekly Staff Administrative Orders Administrative Order No. 2006-6 Prohibition on "Bundling" Cases On order of the Court, the need for immediate action having been found, the following Administrative...

U.S. Bankruptcy Court Case Summaries: August 21, 2006.
August 21, 2006... Byline: Michigan Lawyers Weekly Staff Chapter 11 Annuity - Turnover Where the debtors seek the return of trust assets from the successor trustee, and where the trustee had used trust assets to purchase annuities for each of the...

U.S. Court of Appeals 6th Circuit Case Summaries: August 21, 2006.
August 21, 2006... Byline: Michigan Lawyers Weekly Staff Criminal Law Sentencing - Reasonable Variance From Guidelines Where the sentencing guidelines' range for defendant's bank fraud convictions was 30 to 37 months, a one-day sentence, based on...

U.S. District Court Eastern District Case Summaries: August 21, 2006.
August 21, 2006... Byline: Michigan Lawyers Weekly Staff Judgments Emergency Medical Treatment and Active Labor Act - Damage Cap Where the Sixth Circuit ruled that Michigan's medical malpractice damage cap, MCL Sect. 600.1483, applies to actions...

U.S. District Court Western District Case Summaries: August 21, 2006.
August 21, 2006... Byline: Michigan Lawyers Weekly Staff Employment FMLA - Statute Of Limitations Plaintiff's Family and Medical Leave Act suit, filed more than two years after he was discharged, is untimely because he has not shown that his...

Commentary: Successfully marketing your solo practice.
August 21, 2006... Byline: Austin G. Anderson You have made the decision to practice alone. Having made the decision, you have committed to building a practice through effective client development and retention practices. This article suggests steps and...

Commentary: An opportunity slipped through judicial fingers.(Column)
August 21, 2006... Byline: Jacob S. Sherkow It is often said that in the U.S., litigation is a full-contact sport. In sports of such nature, there are few bonds as sacrosanct as the one between player and referee. Baseball enthusiasts will doubtlessly...

Defining 'personhood': Wrongful death medical malpractice update.
August 28, 2006... Byline: Todd C. Berg, Esq. For once, the sticking point is not the timeliness of a successor personal representative's wrongful death medical-malpractice complaint. However, things might have been easier if it were. Just as...

Michigan Supreme Court narrows field of 'proximate cause' candidates.
August 28, 2006... Byline: Molly F. Dilbeck, J.D. Michigan Supreme Court The Michigan Supreme Court's decision to overrule its opinion in Hagerman v. Gencorp Automotive turned on the definiteness of one article -- "the." Faced with the question of...

One year later, 'Rory' decision still under attack.(Rory v. Continental Insurance Company)(Case overview)
August 28, 2006... Byline: Molly F. Dilbeck, J.D. Declaring Rory v. Continental Insurance Company a "complete break from solid, longstanding law," the Michigan Court of Appeals has made one thing clear: The landmark decision may be a break, but it sure can't...

Michigan Lawyers in the News: August 28, 2006.(Hannah McCollum appointed at United States. Bankruptcy Court)(Charles M. Denton appointed at American Bar Association)(Jeffrey H. Miro appointed at The Limited Brands Inc. )
August 28, 2006... Byline: Michigan Lawyers Weekly Staff Appointments Hannah McCollum has been appointed to the Electronic Case Filing subcommittee of the U.S. Bankruptcy Court of Eastern Michigan Rules Committee. Charles M. Denton has been...

Attorney Discipline Board Summaries: August 28, 2006.
August 28, 2006... Byline: Michigan Lawyers Weekly Staff Notice Of Automatic Reinstatement Case No. 05-92-GA Notice Issued: August 17, 2006 Joseph J. Sefa, P 44891, Davison, Michigan. Effective August 16, 2006. Respondent was suspended...

Michigan Court of Appeals Case Summaries: August 28, 2006.
August 28, 2006... Byline: Michigan Lawyers Weekly Staff Civil Rights Disability Claim - School's Duty The trial court incorrectly concluded that once a law school undertook to diagnose a student's potential learning disability, the school had a...

Michigan Court of Appeals Unpublished Civil Case Summaries: August 28, 2006.
August 28, 2006... Byline: Michigan Lawyers Weekly Staff Arbitration Interest Award - Powers Not Exceeded The arbitrator who handled a grievance between a Detroit Fire Fighters Association firefighter and the City of Detroit did not exceed her...

Michigan Court of Appeals Unpublished Criminal Case Summaries: August 28, 2006.
August 28, 2006... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Assaulting a Prison Employee. Effective Assistance. Defendant threw urine and feces from his cell and hit a guard in the face with it. Defendant claims he received ineffective...

U.S. Court of Appeals 6th Circuit Case Summaries: August 28, 2006.
August 28, 2006... Byline: Michigan Lawyers Weekly Staff Civil Procedure Res Judicata - Privity A topless dancer's constitutional challenge to a township ordinance that prohibited nudity in any establishment licensed by the Michigan Liquor Control...

U.S. District Court Eastern District Case Summaries: August 28, 2006.
August 28, 2006... Byline: Michigan Lawyers Weekly Staff Constitutional Law Terrorist Surveillance Program - Constitutionality The Terrorist Surveillance Program, which monitors phones calls and emails without warrants, violates the Administrative...

U.S. District Court Western District Case Summaries: August 28, 2006.
August 28, 2006... Byline: Michigan Lawyers Weekly Staff Consumer Law Mortgage Refinancing - Non-Disclosure Claims Dismissed Where plaintiffs accepted and closed on a mortgage refinancing loan even though the terms differed from the ones for which...

Commentary: The obstacles and benefits of client satisfaction surveys.(Survey)
August 28, 2006... Byline: Jeffrey A. Miiller Many lawyers would agree that a client satisfaction survey is a practical tool for strengthening client loyalty and bringing in more business. Still, many lawyers resist doing surveys because of deep concerns and...

Verdicts & Settlements August 28, 2006: Birth trauma suit settles for $1M.
August 28, 2006... Byline: Michigan Lawyers Weekly Staff Near term in her pregnancy, the minor-plaintiff's mother presented to her prenatal treating office in the late morning, complaining of decreased fetal movement. She was a diabetic, with a twin...

Verdicts & Settlements August 28, 2006: $618 verdict for woman's dog bite claim.(Taylor v. Mobley )(Case overview)
August 28, 2006... Byline: Michigan Lawyers Weekly Staff This action proceeded to trial on plaintiff's statutory dog bite claim. The defendant admitted liability. The plaintiff, an attractive young woman, drove to the defendant's home for a visit. She...

Verdicts & Settlements August 28, 2006: 'No cause' verdict for med-mal matter.(Horn v. Sheikh)(Case overview)
August 28, 2006... Byline: Michigan Lawyers Weekly Staff The plaintiff, a 57-year-old female, was taken by her daughter to the emergency department at Spectrum-Reed City Hospital at approximately midnight on Jan. 6, 2001. The plaintiff complained of right hip...