Michigan Lawyers Weekly articles from August 2008

Michigan Lawyers Weekly archives from August 2008

'Additions' abound.(Letter to the editor)
August 4, 2008... Byline: Michigan Lawyers Weekly Staff To the Editor: The Supreme Court in Stokes v. Chrysler Corporation added more than 117 words to the Workers' Compensation Act. ("Statutory overhaul," July 14, 2008.) It also amended WDCA 861a(14)...

Putting 'em on the hot seat.(Letter to the editor)
August 4, 2008... Byline: Michigan Lawyers Weekly Staff To the Editor: Good job with the stories about Reform Michigan Government Now's attempts to amend the constitution ("'Reform' group wants to downsize MSC," July 21, 2008, and "'Reform' group would...

RMGN proposal to add trial judges oversimplifies a not-so-simple matter.(Letter to the editor)
August 4, 2008... Byline: Michigan Lawyers Weekly Staff To the Editor: I have followed your articles in Michigan Lawyers Weekly with great interest, especially in connection with your analysis of the Michigan Supreme Court current holdings. I find...

Report the news, please; don't 'editorialize' it.(Letter to the editor)
August 4, 2008... Byline: Michigan Lawyers Weekly Staff To the Editor: When Michigan Lawyers Weekly began publication years ago, it provided a valuable service to Michigan attorneys. Your reporting of current decisions in the federal and Michigan...

9th Circuit U.S. Court of Appeals: Close, but no cigar.
August 4, 2008... Byline: Melissa P. Stewart, Esq. Fourth Amendment - Analysis When the 9th Circuit U.S. Court of Appeals ruled in Quon, et al., v. Arch Wireless, et al., that a police officer had a reasonable expectation of privacy in personal text...

U of Michigan Law School to start non-DNA Innocence project.(University of Michigan, innocence clinic)
August 4, 2008... Byline: Natalie Lombardo DNA evidence has freed hundreds of wrongfully convicted prisoners throughout the country. That's one reason the University of Michigan Law School's new Innocence Clinic will focus on a group that's potentially...

9th Circuit U.S. Court of Appeals ruling: Ripple effect?
August 4, 2008... Byline: Melissa P. Stewart, Esq. Employment Law - Analysis Employees and employers alike are buzzing about the recent 9th Circuit U.S. Court of Appeals' ruling in Quon, et al., v. Arch Wireless, et al., that an employee had a privacy...

It won't keep text messages out of criminal trial, but SCA may provide Detroit mayor some relief.(Stored Communications Act, Kwame Kilpatrick)
August 4, 2008... Byline: Melissa P. Stewart, Esq. Telecommunications Law - Analysis A recent decision out of the 9th Circuit U.S. Court of Appeals has left Detroit Mayor Kwame Kilpatrick in an interesting predicament. In Quon, et al., v. Arch...

Time, experience could overshadow blemish on judicial candidate's record.(David Carl Anderson)
August 4, 2008... Byline: Douglas J. Levy Oakland County Circuit Court There's something in attorney David Carl Anderson's permanent record that he'd rather not tout during his run for judge at Oakland County Circuit Court. The Troy-based sole...

Unauthorized release of text message transcripts violates Stored Communications Act.
August 4, 2008... Byline: Melissa P. Stewart, Esq. 9th Circuit U.S Court of Appeals Six month ago, very few in Michigan had ever heard of the Stored Communications Act, let alone considered the impact it could have on local government. But, in the...

Associate Professor John Rothchild, Wayne State Univ.: The 'chief cook and bottle washer'.(Wayne State University)
August 4, 2008... Byline: Natalie Lombardo Practice Profile When Associate Professor John Rothchild is planning the curriculum for Wayne State University Law School, the students are the first thing on his mind. "The students are the driving force...

Michigan Supreme Court: Defense lawyer not 'ineffective'.
August 4, 2008... Byline: Todd C. Berg, Esq. Michigan Supreme Court - Criminal Law The pathologist who was supposed to prove Katherine Sue Dendel didn't commit murder couldn't rule out the prosecution's theory of death. Nor could he blunt the...

Armchair quarterbacking: Lawsuit against Detroit mayor rests on text messages.(Kwame Kilpatrick)
August 4, 2008... Byline: Melissa P. Stewart, Esq. Evidence - Analysis A series of text messages may be all that stands between Detroit Mayor Kwame Kilpatrick and up to 85 years in prison. Charged with eight counts of perjury and obstruction of...

Michigan Lawyers in the News: August 4, 2008.(Abram J. Ellis, Douglas L. Callander, Leigh M. Callander)
August 4, 2008... Byline: Michigan Lawyers Weekly Staff Professional Moves Abram J. Ellis has joined Butzel Long. Douglas L. Callander and Leigh M. Callander have joined Miller Canfield. Jonathan Schulz has joined Bush Seyferth Kethledge &...

Michigan Attorney Discipline Board Case Summaries: August 4, 2008.
August 4, 2008... Byline: Michigan Lawyers Weekly Staff Final Notice of Revocation (By Consent) Case Nos. 08-41-AI; 08-56-JC Notice Issued: July 21, 2008 John S. Check, P 42520, Dearborn, Michigan, by the Attorney Discipline Board...

Michigan Court Of Appeals Case Summaries: August 4, 2008.
August 4, 2008... Byline: Michigan Lawyers Weekly Staff Medical Malpractice Successor Personal Representative - Res Judicata On remand from the Michigan Supreme Court for reconsideration in light of Washington v. Sinai Hospital of Greater Detroit,...

Michigan Court Of Appeals Unpublished Civil Case Summaries: August 4, 2008.(Michigan Builders Trust Fund Act)
August 4, 2008... Byline: Michigan Lawyers Weekly Staff Civil Procedure Settlement Agreement - Inaccurate We reverse the trial court's order, requiring plaintiff to sign the settlement agreement and mutual release. "In the instant case, the...

Michigan Court Of Appeals Unpublished Criminal Case Summaries: August 4, 2008.
August 4, 2008... Byline: Michigan Lawyers Weekly Staff Juries Transcript Request - Improperly Denied Defendant has shown that the trial court erred when handling the jury's request to be provided a transcript of the trial. Therefore we reverse...

Michigan Supreme Court Case Summaries: August 4, 2008.
August 4, 2008... Byline: Michigan Lawyers Weekly Staff Administrative Law Judicial Review - Agency Interpretation Of Statute Although an administrative agency's interpretation of a statute is entitled to "respectful consideration," such...

Michigan Supreme Court Orders: August 4, 2008.
August 4, 2008... Byline: Michigan Lawyers Weekly Staff Judgment Affirmed People v. Martin. (Lawyers Weekly No. 06-67192) (9 pages). On order of the Court, the application for leave to appeal the June 13, 2006, judgment of the Court of Appeals is...

Commentary: What did you just agree to when you clicked 'accept'?(adhesion license)
August 4, 2008... Byline: Charles A. Bieneman and Angela D. Murch Technology Providers of software and other copyrighted content routinely provide their wares online, or on media such as disks, according to licenses that users do not have the...

Adding legal service tax puts attorney-client relationship in conflict.
August 4, 2008... Byline: Ed Poll LawBiz Coach's Corner In the 1960s, the Beatles were all for peace and love - until they had to contend with Britain's then-draconian tax rates on the wealthy. The result was the nasty little song, "Taxman," with...

Verdicts & Settlements August 4, 2008: Additional work outside of contract disputed.(ACME Contracting Ltd.)
August 4, 2008... Byline: Michigan Lawyers Weekly Staff Plaintiff ACME Contracting, Ltd. and defendant TolTest, Inc. entered into a contract wherein ACME agreed to perform demolition work at Georgia Tech University in Atlanta. TolTest was the asbestos...

Verdicts & Settlements August 4, 2008: Boy born with brain damage, speech delays.
August 4, 2008... Byline: Michigan Lawyers Weekly Staff The plaintiff-mother was being treated prenatally at a hospital clinic, and made most of her appointments. Prenatal ultrasounds showed she would likely have a small baby and showed evidence of a small...

Verdicts & Settlements August 4, 2008: Mold existence wasn't made clear before sale.(Brief article)
August 4, 2008... Byline: Michigan Lawyers Weekly Staff In this case filed in Oakland County Circuit Court, the plaintiff, Bill Elliott and his family, claimed that the defendants, Daniel and Mary Ann Therrien, had knowledge that the home the Therriens sold...

Michigan 'reform' group's COA proposal removes six Rep judges, one Dem.(Reform Michigan Government Now's proposal on eliminating Republican and Democratic court of appeals judges)
August 11, 2008... Byline: Todd C. Berg, Esq. Reform Michigan Government Now (RMGN) has insisted its proposal to amend Michigan's Constitution to overhaul the judiciary was intended to be non-partisan in nature - and effect. Whether or not that's true,...

Michigan 'reform' group would downsize COA judiciary.(court of appeals)(Reform Michigan Government Now)
August 11, 2008... Byline: Michigan Lawyers Weekly Staff The Michigan Court of Appeals isn't going to be spared. Reform Michigan Government Now (RMGN) has proposed measures to downsize the Michigan Supreme Court and upsize the trial court bench. And,...

Couple's Rockwell painting existence 'invaded ... by Freddy Krueger'.(Fred and Sandy Efros)
August 11, 2008... Byline: Douglas J. Levy Gary D. Nitzkin doesn't normally practice civil law. But when another lawyer told him about a civil suit revolving around a "reign of terror" inflicted upon an elderly couple, "It just made my blood boil," he...

6th U.S. Circuit Court of Appeals: Prohibiting 'blanket prohibition'.
August 11, 2008... Byline: Melissa P. Stewart, Esq. When William Croskey was scalded by radiator fluid in 2000 while working on his girlfriend's 1992 BMW, he suspected the automaker knew the car's radiator was faulty. As such, with the help of Southfield...

Double dip by Reform Michigan Government Now (RMGN).
August 11, 2008... Byline: Todd C. Berg, Esq. Reform Michigan Government Now (RMGN) wants to shrink the Michigan Court of Appeals by 25 percent based on a 27 percent drop in filings. The problem with the group's proposal, however, is the 27 percent drop...

Big difference between Michigan Supreme Court and other state supreme courts.(Reform Michigan Government Now)(Brief article)
August 11, 2008... Byline: Todd C. Berg, Esq. Reform Michigan Government Now (RMGN) wants the Michigan Supreme Court to be like other state supreme courts. In particular, RMGN wants the Supreme Court to be like the supreme courts in the 18 states that...

Michigan Supreme Court still has the power.
August 11, 2008... Byline: Todd C. Berg, Esq. The Michigan Supreme Court's power to increase the number of judges on the Michigan Court of Appeals - albeit temporarily - remains intact under Reform Michigan Government Now's (RMGN) proposal. RMGN proposes...

Commentary: How I spent my summer vacation: In court.
August 11, 2008... Byline: Douglas J. Levy While their classmates were spending the summer roughing it in the wilderness or at some other adventurous vacation destination, a group of middle school and high school students opted to report for jury duty. ...

Michigan reform group's proposal to overhaul Michigan judiciary will save money: 'Cash back'.(Reform Michigan Government Now)
August 11, 2008... Byline: Todd C. Berg, Esq. Reform Michigan Government Now's (RMGN) proposal to overhaul Michigan's trial and appellate judiciary will save taxpayers $550,000 per year, if passed. The proposal, which RMGN hopes to get on November's...

Michigan Lawyers in the News: August 11, 2008.
August 11, 2008... Byline: Michigan Lawyers Weekly Staff Appointments Philip J. Kessler of Butzel Long was appointed national membership chairman of the United States Supreme Court Historical Society. Carole BenEzra of Jaffe Raitt Heuer & Weiss, P.C....

Michigan Attorney Discipline Board Case Summaries: August 11, 2008.
August 11, 2008... Byline: Michigan Lawyers Weekly Staff Increased Discipline Revocation Of License - Prior Misconduct Where a hearing panel imposed a 120-day suspension, to be served consecutively to a three-year-suspension that has been in effect...

Michigan Court of Appeals Case Summaries: August 11, 2008.
August 11, 2008... Byline: Michigan Lawyers Weekly Staff Criminal Law Prior-Conduct Statute - No Ex Post Facto Violation Defendant's conviction of first-degree criminal sexual conduct was not tainted by the admission of prior-conduct evidence under...

Michigan Court of Appeals Unpublished Civil Case Summaries: August 11, 2008.
August 11, 2008... Byline: Michigan Lawyers Weekly Staff Contract Money Judgment - No Jurisdiction In this contract action, we reverse the circuit court's order denying defendant-Garmo's motion to set aside a stipulated "order for money judgment" in...

Michigan Court Of Appeals Unpublished Criminal Case Summaries: August 11, 2008.
August 11, 2008... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery; Felony Firearm. Opinion Testimony. "The conflict between defendant's account and that of the police officers was apparent without the disputed testimony. The...

Michigan Supreme Court Case Summaries: August 11, 2008.
August 11, 2008... Byline: Michigan Lawyers Weekly Staff Criminal Law Sentencing - Departure From Guidelines Where the trial court sentenced defendant to three concurrent terms of 30 to 50 years for first-degree criminal sexual conduct involving a...

U.S. Court of Appeals 6th Circuit Case Summaries: August 11, 2008.
August 11, 2008... Byline: Michigan Lawyers Weekly Staff Appeals Frivolous Appeal - Sanctions Defendants are entitled to sanctions from plaintiff and its attorney for filing a frivolous appeal, but for a lesser amount than requested. "The...

Commentary: To retain or not to retain? That's the question for clients.
August 11, 2008... Byline: Ed Poll My perspective in these columns is that of the legal practitioner, but every so often it's useful to raise issues from the client's perspective. One such example recently came to me in the form of a question: From the...

Commentary: All that information is getting in the way of your job; here's how manage it.
August 11, 2008... Byline: Alita Marlowe Bluford Practice Management You arrive at your office at 9 a.m. As you walk past your secretary, she tells you that your trial has been moved up a week. You are behind in trial preparation, you know the phone...

Verdicts & Settlements August 11, 2008: Jury finds couple entitled to distress damages.
August 11, 2008... Byline: Michigan Lawyers Weekly Staff This civil suit stems from the conduct of defendant Wayne Giles, who moved next door to plaintiffs Fred and Sandy Efros, a blue-collar Farmington Hills couple, in 2000. Shortly after Giles moved in, the...

Verdicts & Settlements August 11, 2008: Injured driver gets damages based on liability.
August 11, 2008... Byline: Michigan Lawyers Weekly Staff $705,605.72 On Dec. 14, 2005, plaintiff Kenneth R. Babicz was involved in an accident while operating a motor vehicle he had sold to his mother approximately two months earlier. Among the severe...

Verdicts & Settlements August 11, 2008: Leak detection, management under dispute.(leak of stomach contents, medical malpractice)
August 11, 2008... Byline: Michigan Lawyers Weekly Staff The plaintiff, Janice Peet, who was 40 years old at the time of the alleged malpractice, was a microfilmer for the State of Michigan. On June 10, 2001, she underwent a vertical banded gastroplasty...

Keep politics out of the mix.(Letter to the editor)
August 18, 2008... Byline: Michigan Lawyers Weekly Staff To the Editor: The attempt to downsize the Michigan Supreme Court is pure politics. Politics should have no place in our courts, especially our Supreme Court. Hopefully, as lawyers, we...

Into the wild blue yonder: Ann Arbor IP attorney proves she was built for speed.(Kelly Burris)
August 18, 2008... Byline: Douglas J. Levy Ann Arbor IP attorney was built for speed - and she proved it during all-women's air race. A cross-country flight this past June was one that Kelly Burris had waited most of her life for. The Ann...

Ingram leaves Michigan Lawyers Weekly publisher post for Wayne County position.(Lynn Ingram)(Brief article)
August 18, 2008... Byline: Todd C. Berg Lynn Ingram, publisher and editor-in-chief of Michigan Lawyers Weekly since 2001, has left the publication to take a job with Wayne County. Glenda Russell, director of development at Lawyers Weekly's parent...

Second time around: Old friends reunite, form law firm in Southfield, Michigan.(Rubin & Shulman PLC)
August 18, 2008... Byline: Melissa P. Stewart, Esq. Practice Profile Some things are just meant to be. Allan S. Rubin and Lawrence B. Shulman met at the age of 5, and remained close friends until high school, when Rubin moved away. Although both...

Democrats will take over on Michigan Court of Appeals.(Reform Michigan Government Now)
August 18, 2008... Byline: Todd C. Berg, Esq. Reform Michigan Government Now's (RMGN) proposal to reduce the Michigan Court of Appeals from 28 to 21 judges, based on term expiration dates, will shift the court's political power from the Republicans to the...

Litigators integrate cutting edge courtroom technology into everyday practice.
August 18, 2008... Byline: Melissa P. Stewart, Esq. Last year, Allan S. Rubin and Lawrence B. Shulman sat in a stately Rochester, Minn., courtroom, defending their client - an adult entertainment bookstore - against charges that it had fired a pregnant...

Detroit-based Bodman's labor, employment law practice expands with addition of veteran attorney.(Bodman LLP's Steven J. Fishman)
August 18, 2008... Byline: Douglas J. Levy Call it a long-term relationship that, almost 30 years later, finally led to marriage. Veteran labor and employment law specialist Steven J. Fishman, founder of The Fishman Group, recently brought his...

Indecent exposure: Michigan jury rules on Saginaw County's "naked detention policy".
August 18, 2008... Byline: Melissa P. Stewart, Esq. From 1996 until 2001, the Saginaw County Sherriff's Office had a "naked detention policy" aimed at violent detainees. Ostensibly designed to protect inmates who posed a danger to themselves or others,...

Michigan sole practitioner and personal injury lawyer discusses tort reform.(James O. Elliott)
August 18, 2008... Byline: Melissa P. Stewart, Esq. Throughout the last decade, some legal experts have suggested the passage of tort reform sounded the death knell for personal injury law. However, Bloomfield Hills sole practitioner James O. Elliott begs...

Family feud in Michigan costs daughter of auto entrepreneur millions.(Gail Duncan)
August 18, 2008... Byline: Melissa P. Stewart, Esq. An old adage warns against mixing family with business. A multimillion-dollar jury verdict stemming from a now-defunct car dealership shows why. In 1993, Richard Duncan transformed majority control...

Michigan Lawyers in the News: August 18, 2008.
August 18, 2008... Byline: Michigan Lawyers Weekly Staff Elections Robert A. Boonin of Butzel Long was elected a Fellow of the College of Labor and Employment Lawyers. Eric J. Sosenko of Brinks Hofer Gilson & Lione was elected to the Council for the...

Michigan Attorney Discipline Board Case Summaries: August 18, 2008.
August 18, 2008... Byline: Michigan Lawyers Weekly Staff Final Notice Of Revocation Case Nos. 07-143-AI; 07-171-JC (Consolidated with Case Nos. 07-146-AI; 07-172-JC) Notice Issued: Aug. 7, 2008 Gary Theunick, P40032, West Branch, Michigan,...

Michigan Attorney General Case Summaries: August 18, 2008.(Brief article)
August 18, 2008... Byline: Michigan Lawyers Weekly Staff Schools Public School Academies - State School Aid A public school academy may continue to receive its current fiscal year allotment of state school aid "per-pupil funding" after the contract...

Michigan Court of Appeals Case Summaries: August 18, 2008.
August 18, 2008... Byline: Michigan Lawyers Weekly Staff Family Law Custody - Jurisdiction The trial court correctly determined that it could not exercise jurisdiction over this custody dispute because when plaintiffs filed their case, a custody...

Michigan Court of Appeals Unpublished Civil Case Summaries: August 18, 2008.
August 18, 2008... Byline: Michigan Lawyers Weekly Staff Contract Right To Repayment - Not Established The trial court correctly granted defendant a directed verdict at the close of plaintiff's case, after finding that plaintiff failed to establish...

Michigan Court of Appeals Unpublished Criminal Case Summaries: August 18, 2008.
August 18, 2008... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Criminal Sexual Conduct, First Degree; Habitual Offender, Third Offense. MRE 404(b). "MCL 768.27a defines a minor as 'an individual less than 18 years of age,' and a listed...

Michigan Supreme Court Orders: August 18, 2008.
August 18, 2008... Byline: Michigan Lawyers Weekly Staff Leave Denied Eifler v. Swartz. In re Estate of Miltenberger. (Lawyers Weekly No. 06-67296) (47 pages). On order of the Court, leave to appeal having been granted and the briefs and oral arguments...

U.S. Court of Appeals 6th Circuit Case Summaries: August 18, 2008.
August 18, 2008... Byline: Michigan Lawyers Weekly Staff Civil Rights Injury In Jail - Medical Care A jury correctly awarded a jail inmate $214,000 after she told her jailers she had not taken her anti-seizure medication, medication was not...

Commentary: A few small repairs.
August 18, 2008... Byline: Mark Gilman Marketing Large law firms, in the majority of cases, have the luxury of a full-time marketing staff. Most also have the ability to tap a chief marketing officer for strategy, expertise, and a road map for future...

Commentary: These clever strategies can triple your referrals - with virtually no extra work.
August 18, 2008... Byline: Nader Anise, Esq. Marketing One of the great fallacies about generating referrals is that if you do a good job, clients will automatically come to you. Most lawyers - businesspeople in general - actually believe that. The...

Ready for your close-up?(internet videos)
August 18, 2008... Byline: Dale Tincher Marketing If you've heard the hype about online videos and are wondering about their relevance for your law firm's Web site, you're not alone. Lawyers USA recently spotlighted a trend among law firms that use...

Commentary: How to promote your expertise? Have them read all about it.
August 18, 2008... Byline: Jonathan Yates As with so much in life, many marketing efforts by law firms turn their assets into liabilities. The greatest strength of a law firm is in its relationship with clients. The essence of this is "attorney-client...

Pitching your practice should be elevating experience.
August 18, 2008... Byline: Lisa Meyer Marketing "What do you do?" In most cases, the question is simply a polite way of getting a conversation going and not a request for your resume. It is also your opportunity, with your reply, to make a strong...

Marketing impact of speechmaking doesn't have to end at microphone.
August 18, 2008... Byline: Audra Callanan Marketing Speaking engagements are among the best ways to demonstrate expertise and to establish credibility. They require weeks of preparation to conduct research, craft program content and flow, and develop...

Social arbitrage, career karma, and other ways to build your brand.
August 18, 2008... Byline: Mark Powers Marketing Think of marketing as a game. A game in which the open flow of information - the constant exchange of ideas and exchange small gestures with those in your social network - add up to business success. ...

Lawyers shouldn't have to guess on ethics of online marketing.
August 18, 2008... Byline: Will Hornsby Marketing There was a time, not so long ago, that Internet marketing for lawyers consisted of signing up for online directories or maybe an e-mail newsletter. But these days, lawyers are getting much more...

Verdicts & Settlements August 18, 2008: Daughter penalized for competing dealerships.
August 18, 2008... Byline: Michigan Lawyers Weekly Staff The plaintiff, Richard Duncan, owned and operated Jerome Duncan Ford, which he had founded in 1956. His daughter, defendant Gail Duncan, had been given majority control of the business in 1993. She and...

Verdicts & Settlements August 18, 2008: Carriers hold standoff after hotel is damaged.
August 18, 2008... Byline: Michigan Lawyers Weekly Staff The plaintiff owns and operates a thriving hotel and was in the process of renovations and upgrades to make the facility a first-rate convention center. He hired a general contractor to complete the...

Verdicts & Settlements August 18, 2008: Property owner cleared after woman hits berm.
August 18, 2008... Byline: Michigan Lawyers Weekly Staff The plaintiff's decedent, Collette Lund, was killed Jan. 7, 2007, due to a motor vehicle accident while Lund was en route from her home to her church in Sand Lake. At about 7 a.m., Lund missed the...

Lost opportunity? Or maybe not so much.(Brief article)
August 25, 2008... Byline: Todd C. Berg, Esq. It could've been a landmark "loss of opportunity" case. And, maybe it was. Regardless of which perspective one subscribes to, the Michigan Supreme Court's 85-page decision in Stone v. Williamson, et al.,...

'Lights' out? Michigan attorney takes on tobacco industry.(Gerard V. Mantese)
August 25, 2008... Byline: Melissa P. Stewart, Esq. Consumer Protection Law Troy lawyer Gerard V. Mantese is taking on the tobacco industry. He has held a grudge since his pre-law days at the University of Missouri in St. Louis, when he saw a...

Michigan Supreme Court: Failure to comply with discovery order proves fatal to med-mal case.
August 25, 2008... Byline: Melissa Stewart, Esq. A recent order issued by the Michigan Supreme Court denying a medical-malpractice plaintiff leave to appeal has effectively dismissed her claim that defendant doctors failed to timely diagnose and treat her...

Michigan Supreme Court says 'failure to diagnose' claim not 'loss of opportunity' case.
August 25, 2008... Byline: Todd C. Berg, Esq. Michigan Supreme Court - 'Loss of opportunity' analysis "Failure to diagnose" claims are not "loss of opportunity" cases. That's the conclusion to be drawn from the two, 3-justice opinions the Michigan...

Three little words.(loss of opportunity case)
August 25, 2008... Byline: Todd C. Berg, Esq. Michigan Supreme Court - "Loss of Opportunity" analysis The Michigan Court of Appeals in Fulton v. Beaumont Hospital, et al., violated one of the Michigan Supreme Court's cardinal rules of statutory...

'Back where things started'.(medical malpractice case)
August 25, 2008... Byline: Todd C. Berg, Esq. Michigan Supreme Court - Medical Malpractice The Michigan Court of Appeals "loss of opportunity" analysis in Fulton v. Beaumont Hospital, et al. lives on. That's because those portions of the Michigan...

Minnesota COA's 'ambiguity' analysis misses meaning of 'loss of opportunity' statute.(Court of Appeals)
August 25, 2008... Byline: Todd C. Berg, Esq. Michigan Supreme Court - 'Loss of opportunity' analysis The Michigan Court of Appeals interpretation of the "loss of opportunity" statute in Fulton v. Beaumont Hospital, et al., flows directly from the...

Detroit-based Clark Hill's chief marketing officer brings entrepreneurship, efficiency to forefront.(Don Lee)
August 25, 2008... Byline: Melissa P. Stewart, Esq. Clark Hill PLC has discovered the building blocks of success. The venerable Detroit-based law firm hired Don Lee, an industrial operations engineer, 3 1/2 years ago to revamp the firm's approach to...

Down with 'Fulton': Michigan Supreme Court - 'Loss of opportunity' analysis.
August 25, 2008... Byline: Todd C. Berg, Esq. The Michigan Supreme Court thinks it's time to retire the Michigan Court of Appeals "loss of opportunity" analysis in Fulton v. Beaumont Hospital, et al. The hang-up is, they just can't agree on why. In...