Michigan Lawyers Weekly articles from December 2004

Michigan Lawyers Weekly archives from December 2004

Michigan Supreme Court to decide if no-fault insurers can pay less than doctor charges.
December 6, 2004... Byline: Karen Poole The Michigan Supreme Court will soon decide whether a no-fault insurer can pay a medical provider less than the amount charged if the insurance company determines the amount is not reasonable. In Advocacy...

Hair product maker can be sued for boy's death, rules Michigan Court of Appeals.
December 6, 2004... Byline: Lynn Patrick Ingram A mother whose 11-month-old son died after ingesting a hair and body care product may proceed with her wrongful death-product liability claim against the product's seller and manufacturer, even though she knew...

U.S. Court of Appeals 6th Circuit Case Summaries: December 6, 2004.
December 6, 2004... Byline: Michigan Lawyers Weekly Staff Civil Rights Section 1983 - Excessive Force A plaintiff who was bit by a police dog while police officers were arresting her son for a parole violation cannot sue under Sect. 1983 for...

U.S. District Court Western District Case Summaries: December 6, 2004.
December 6, 2004... Byline: Michigan Lawyers Weekly Staff Social Security Attorney Fees - EAJA A Social Security claimant's request for attorney fees under the Equal Access to Justice Act is granted in the reduced amount of $3,766.50 because the...

Woman may review file pertaining to abortion, rules Michigan Court of Appeals.
December 6, 2004... Byline: Karen M. Poole An 18-year-old woman who had an abortion when she was 15 may review the sealed file detailing her judicial bypass proceeding in order to determine whether she knowingly consented to the proceeding and the subsequent...

Michigan Lawyers in the News: December 6, 2004.
December 6, 2004... Byline: Michigan Lawyers Weekly Staff Appointments Kathleen McCree Lewis has been appointed to Dykema Gossett PLLC's executive board for a two-year term. Lewis specializes in appellate litigation, including antitrust, banking,...

U.S. District Court Eastern District Case Summaries: December 6, 2004.
December 6, 2004... Byline: Michigan Lawyers Weekly Staff Prisons And Prisoners First Amendment Retaliation Claim - Physical Injury Not Required An inmate who claimed that a prison official retaliated against him when he attempted to exercise his...

Commentary: Finding - and avoiding - e-mail spoliation.
December 6, 2004... Byline: Joseph Howie E-mail discovery is an area rife with risks and opportunities. However, by understanding some of the basic concepts and how to use appropriate technology, the risks and be minimized and the opportunities exploited. ...

Estate's med-mal suit is time-barred, rules Michigan Court of Appeals.
December 6, 2004... Byline: Todd C. Berg An estate was time-barred under the wrongful death savings provision from suing for medical malpractice, even though the filing deadline lapsed while the notice of intent to file was still pending, the Michigan Court...

Commentary: Data forensics: The smoking gun may be a click away.
December 6, 2004... Byline: Paul G. Lewis The term "data forensics" suggests a high-tech process reserved for cases centered on proprietary technology. But data speak volumes and data forensics can really make it talk. News coverage of the Martha Stewart...

Verdicts & Settlements December 6, 2004: $225K settlement for deckhand.
December 6, 2004... Byline: Michigan Lawyers Weekly Staff This case involves an injury to a seaman and is based upon the Jones Act and incorporated provisions of the Federal Employers' Liability Act. In July 2002, the plaintiff was working as a deckhand...

Verdicts & Settlements December 6, 2004: Contract class action settles for $3.1M.
December 6, 2004... Byline: Michigan Lawyers Weekly Staff The plaintiff asserted claims on behalf of members of defendant Tournament Players Club for breach of promissory notes issued to members of the golf club, from approximately 1988-92. Specifically, the...

Verdicts & Settlements December 6, 2004: Restaurant gets 'no cause' in dramshop.
December 6, 2004... Byline: Michigan Lawyers Weekly Staff Defendant alleged intoxicated person (AIP) turned into the plaintiff's decedent, who was on a motorcycle. The decedent flew into the air and landed on the defendant AIP's vehicle. The plaintiff's...

Detroit City Council member Kay Everett dies at 63.
December 6, 2004... Byline: Michigan Lawyers Weekly Staff Kay Everett, an outspoken Detroit City Council member who was facing federal extortion charges, died of complications of diabetes, her spokesman said. She was 63. The Detroit native was indicted in...

Michigan Court of Appeals Case Summaries: December 6, 2004.
December 6, 2004... Byline: Michigan Lawyers Weekly Staff FOIA Disclosure Of Requested Information - Compliance With Scope Of Request Plaintiff's Freedom of Information Act suit is dismissed because defendant disclosed the specific information sought...

Michigan Court of Appeals Unpublished Civil Case Summaries: December 6, 2004.
December 6, 2004... Byline: Michigan Lawyers Weekly Staff Employment Disability Benefits - Decision Improperly Reversed A circuit court erred by reversing a decision by the State Employees' Retirement Board, which denied petitioner duty disability...

Michigan Court of Appeals Unpublished Criminal Case Summaries: December 6, 2004.
December 6, 2004... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Murder, Second Degree; Felony Firearm. Effective Assistance. We affirm the trial court's determination that defendant's trial counsel was ineffective. "Considering that the...

U.S. Bankruptcy Court Case Summaries: December 6, 2004.
December 6, 2004... Byline: Michigan Lawyers Weekly Staff Chapter 13 Secured Claim On Vehicle - Effect Of Insurance Payment A chapter 13 trustee is entitled to a refund from a creditor that received more than the value of its secured claim on the...

Michigan defense attorney achieves success on his own terms.
December 13, 2004... Byline: Todd C. Berg Education University of Michigan Law School (1971); University of Michigan (1968) Experience Partner, Mogill, Posner & Cohen (1975-present); sole practitioner (1971-75) Professional Affiliations ...

Michigan Court of Appeals rules divorce litigant not bound by faulty 'arbitral award'.
December 13, 2004... Byline: Lynn Patrick Ingram A woman seeking a divorce was not bound by an "arbitral award" where the arbitrator failed to conduct a hearing and instead met with the parties, ex parte, in an effort to settle the case, the Michigan Court of...

Michigan Court of Appeals Unpublished Criminal Case Summaries: December 13, 2004.
December 13, 2004... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery. Sufficient Evidence. "[T]he assistant manager testified that defendant entered the store wearing a sweatshirt with a front pocket. The assistant manager was...

U.S. Bankruptcy Court Case Summaries: December 13, 2004.
December 13, 2004... Byline: Michigan Lawyers Weekly Staff Chapter 7 Sale Of Debtor's Business - Noncompete Agreement A Chapter 7 trustee seeking to sell the debtor's business cannot include a two-year, multi-county noncompete agreement to enhance the...

Debtor isn't bound by non-compete agreement, rules United States Bankruptcy Court.
December 13, 2004... Byline: Todd C. Berg A debtor whose chiropractic business was included in his bankruptcy estate did not have to abide by a covenant not to compete, even though it may have increased the value of practice, the United States Bankruptcy Court...

Out-of-state affidavits of merit were valid, rules Jackson County Circuit Court.
December 13, 2004... Byline: Karen M. Poole A medical-malpractice plaintiff's out-of-state affidavits of merit were not defective even though they were not accompanied by a certificate stating that the notary public was properly authorized, the Jackson County...

Michigan Supreme Court Orders: December 13, 2004.
December 13, 2004... Byline: Michigan Lawyers Weekly Staff Leave Granted Oral Argument Ordered People v. Schaefer. SC: 126067; COA: 245175; Wayne CC: 02-004291. On order of the Court, the application for leave to appeal the March 25, 2004 judgment of...

U.S. Court of Appeals 6th Circuit Case Summaries: December 13, 2004.
December 13, 2004... Byline: Michigan Lawyers Weekly Staff Civil Procedure Improper Petition - Dismissal Without Prejudice Where the district court dismissed petitioner's pro se petition for medical treatment, considering it as an improper habeas...

U.S. District Court Eastern District Case Summaries: December 13, 2004.
December 13, 2004... Byline: Michigan Lawyers Weekly Staff Constitutional Law Solid- Waste Management - No Constitutional Violation Plaintiff-waste management association has failed to establish its right to a preliminary injunction regarding the...

Commentary: Michigan's tax credit programs in jeopardy after 'Cuno'.
December 13, 2004... Byline: John V. Byl and Janet L. Ramsey To encourage expansion and new business, the State of Michigan has developed multiple single business tax (SBT) credit programs, which include brownfield SBT credits as well as MEGA credits. (See, MCL...

Verdicts & Settlements December 13, 2004: Directed verdict for negligent maintenance.
December 13, 2004... Byline: Michigan Lawyers Weekly Staff The plaintiff's husband purchased competitor's tires (Firestone) and failed to heed the advice of the independent dealer to recheck the lugnuts, resulting in a wheel falling off the vehicle and a...

Verdicts & Settlements December 13, 2004: Declaratory judgment for insurance matter.
December 13, 2004... Byline: Michigan Lawyers Weekly Staff A group of people was holding a party at a house across the street from the Grosse Pointe Hunt Club. Stephen Fennell, who was at the party, had purchased some fireworks earlier that day in Ohio. Fennell...

Verdicts & Settlements December 13, 2004: $1M award for neg in work area.
December 13, 2004... Byline: Michigan Lawyers Weekly Staff Defendant big three auto factory contracted directly with defendant steel erection company to provide services on a large construction project. Defendant general contractor assumed duties and...

Michigan Lawyers in the News: December 13, 2004.
December 13, 2004... Byline: Michigan Lawyers Weekly Staff Appointments Richard M. Bolton has been appointed chairman of the board of trustees for the Detroit Institute for Children. Bolton, of Dickinson Wright PLLC, is director of the corporate,...

Michigan Circuit Courts Case Summaries: December 13, 2004.
December 13, 2004... Byline: Michigan Lawyers Weekly Staff Medical Malpractice Affidavit Of Merit - Out- Of-State Notary An affidavit of merit filed in a medical malpractice case is not invalid on the basis that it was notarized by an out-of-state...

Michigan Court of Appeals Case Summaries: December 13, 2004.
December 13, 2004... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery. Evidence. "While the police were at the victim's home investigating the crime, the victim received a telephone call from someone who reported having observed...

Michigan Court of Appeals Unpublished Civil Case Summaries: December 13, 2004.
December 13, 2004... Byline: Michigan Lawyers Weekly Staff Attorneys Attorney Fee Lien - Permanently Enjoined An attorney who obtained a mortgage on marital residential property to secure payment of the divorce fees he incurred while representing the...

Commentary: Ethics alert for business lawyers.
December 20, 2004... Byline: Marcia L. Proctor These and other stories underscore the treacherous waters navigated by business lawyers. "Over the course of a decade, Townsend and Townsend and Crew partner Albert Hillman wore three hats when it came to...

Female worker can establish quid pro quo harassment, rules Michigan Court of Appeals.
December 20, 2004... Byline: Lynn Patrick Ingram A female employee who claimed her supervisor treated her poorly after she rejected him romantically can proceed with her claim of quid pro quo sexual harassment, the Michigan Court of Appeals has decided in an...

Michigan Court of Appeals Unpublished Civil Case Summaries: December 20, 2004.
December 20, 2004... Byline: Michigan Lawyers Weekly Staff Civil Procedure Future Claim - Improperly Enjoined Because the trial court did not state its basis for enjoining the pro se plaintiff from making any future filings in this divorce related...

Michigan Supreme Court Orders: December 20, 2004.
December 20, 2004... Byline: Michigan Lawyers Weekly Staff Administrative Orders Appointments ADM File No. 2004-04 Administrative Order No. 2004-7 Adoption of Concurrent Jurisdiction Plans for the Third Circuit of Wayne County, the 19th...

Verdicts & Settlements December 20, 2004: $40M settlement for class action suit.
December 20, 2004... Byline: Michigan Lawyers Weekly Staff This case arose out of a charge billed to the defendant's Michigan customers -- 8.2 cents per call for every call made from a cellular phone to a land-based phone. The plaintiff's complaint alleged...

Commentary: Analysis of Michigan's proposed new grandparent visitation law.
December 20, 2004... Byline: Richard S. Victor On Dec. 8, 2004, the Michigan House and Senate, through its Joint Conference Committee, unanimously passed a proposed new grandparent visitation law, which would create new rights for grandparents and...

Med-mal cap and 'Kreiner' fix bills stalled in Michigan legislative committee.
December 20, 2004... Byline: Karen M. Poole Tort legislation that would have significantly affected lawyers on both sides of the aisle has stalled during the Legislature's lame-duck session. Senate Bill 1429, introduced by Sen. Alan R. Cropsey, R-Dewitt --...

Standards for representing indigent appellants revised by Michigan Supreme Court.
December 20, 2004... Byline: Todd C. Berg After more than 22 years, the standards for attorneys representing indigent criminal appellants have been revised and will take effect Jan. 1, 2005, pursuant to the Michigan Supreme Court's recent Administrative Order...

Mich. Court of Appeals Case Summaries: December 20, 2004.
December 20, 2004... Byline: Michigan Lawyers Weekly Staff Civil Procedure Class Action - Decertification Of Class A health insurer's denial of coverage for emergency room visits based on the patient's final diagnosis cannot be challenged in a class...

Michigan Court of Appeals Unpublished Criminal Case Summaries: December 20, 2004.
December 20, 2004... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery. Sufficient Evidence. "[T]he assistant manager testified that defendant entered the store wearing a sweatshirt with a front pocket. The assistant manager was...

Verdicts & Settlements December 20, 2004: Accident in crosswalk settles for $1.3M.
December 20, 2004... Byline: Michigan Lawyers Weekly Staff The plaintiff walked into a crosswalk in front of a car turning right. The car hit the plaintiff at less than 10 mph and knocked him down. The plaintiff got up and walked away from the accident scene...

6th U.S. Circuit Court of Appeals Case Summaries: December 20, 2004.
December 20, 2004... Byline: Michigan Lawyers Weekly Staff Constitutional Law City Ordinance - Regulation Of Adult Businesses Where an adult bookstore sued in state court to challenge a denial of zoning variance so that it could operate within the...

U.S. District Court Eastern District Case Summaries: December 20, 2004.
December 20, 2004... Byline: Michigan Lawyers Weekly Staff Contract Motor Home - Leaking Roof Plaintiff cannot prevail on his claims against defendants arising from the leaking roof of his motor home because he has not supported his claim that the...

Commentary: Open and obvious under what conditions: considerations of inattentional blindness.
December 20, 2004... Byline: Terence W. Campbell Plaintiffs pursuing litigation as a result of "slip and fall" injuries must contend with Michigan's "open and obvious" doctrine. As reported in the Oct. 11, 2004, issue of Michigan Lawyers Weekly, regarding...

Verdicts & Settlements December 20, 2004: $1.4M settlement for bicycle, bus accident.
December 20, 2004... Byline: Michigan Lawyers Weekly Staff While riding his bicycle home after work, the plaintiff was struck by a City of Detroit D-DOT bus. According to plaintiff's counsel, the plaintiff was riding his bike northeast on Gratiot when the bus...

Ingham County Circuit Court rules no-fault claimant can't beat 'Cameron'.
December 20, 2004... Byline: Karen Poole A no-fault claimant's action for first-party benefits was time-barred even though he allegedly suffered from a brain injury, the Ingham County Circuit Court recently ruled. The plaintiff argued that the saving...

Michigan Lawyers in the News: December 20, 2004.
December 20, 2004... Byline: Michigan Lawyers Weekly Staff Honors Several attorneys in the Bloomfield Hills office of Dickinson Wright PLLC have been listed in The Best Lawyers in America. They include: Stephen E. Dawson -- real estate; Robert V. Peterson...

Former Michigan State Rep. Frank M. Fitzgerald dies at 49.
December 20, 2004... Byline: Michigan Lawyers Weekly Staff Former State Rep. Frank M. Fitzgerald has died. He was 49. Fitzgerald served as Eaton County assistant prosecuting attorney from 1984-86. He then was a member of the House from 1987-98 and speaker...

Mich. Circuit Courts Case Summaries: December 20, 2004.
December 20, 2004... Byline: Michigan Lawyers Weekly Staff No-Fault Statute Of Limitations - Tolling Provision The no-fault act's one-year back rule can be constitutionally applied to a suit on behalf of an incapacitated person for first-party...

Lawyers of the Year 2004: Michigan attorney Timothy Baughman.
December 27, 2004... Byline: Denise Callahan This prosecutor changed the legal landscape by getting the good faith exclusionary rule exception adopted in Michigan. Born: 1949 Education: Wayne State University Law School (1974); Albion College (1971)...

Lawyers of the Year 2004: Michigan attorney Shereef Akeel.
December 27, 2004... Byline: Amanda L. Aranowski This attorney has worked tirelessly to help tortured Iraqis put Abu Ghraib horrors behind them. Born: 1965 Education: Michigan State University College of Law (1996); Wayne State University, MBA (1992);...

Michigan Lawyers in the News: December 27, 2004.
December 27, 2004... Byline: Michigan Lawyers Weekly Staff Presentations J. Matthew Serra, an associate with White, Schneider, Young & Chiodini, P.C., in Okemos, recently spoke on "Liability Issues in Employment" to the Central Michigan Underwriters...

Michigan Atty. Discipline Bd. Case Summaries: December 27, 2004.
December 27, 2004... Byline: Michigan Lawyers Weekly Staff Revocation Preparation Of Mortgages - Forged Documents An attorney's license to practice is revoked because he prepared and delivered two false mortgages on his home to family members as...

U.S. Court of Appeals 6th Circuit Case Summaries: December 27, 2004.
December 27, 2004... Byline: Michigan Lawyers Weekly Staff Antitrust Appeals - Appeal Bond Where a district court's calculation of an appeal bond of $174,428 in an antitrust class action was proper and the plaintiff failed to either comply with the...

Verdicts & Settlements December 27, 2004: $101K verdict for breach of contract.
December 27, 2004... Byline: Michigan Lawyers Weekly Staff This case arose out of defendant Petro Environmental's fraudulent breach of a construction contract it had with plaintiff AKM and its subsequent tortious interference with AKM's business relationships....

Commentary: 'What I Mean'.
December 27, 2004... Byline: Richard Clark As a televangelist wields a bible, the textualist brandishes a dictionary. -- Richard Clark I just saw her yesterday. I just saw her, learn how to stay. Do you know what I mean? Lord, do you know what I mean?...

Lawyers of the Year 2004: Michigan attorney Judith Susskind.
December 27, 2004... Byline: Karen M. Poole Colleagues have dubbed this dedicated practitioner as the 'winning-est plaintiffs' lawyer in Michigan.' Born: 1961 Education: Wayne State University Law School (1987); Michigan State University (1983) ...

Lawyers of the Year 2004: Michigan attorney Dennis W. Archer.
December 27, 2004... Byline: Todd C. Berg By striving to make a difference, this lawyer has made a habit of making history. Born: 1942 Education: Detroit College of Law (1970); Western Michigan University (1965) Admitted to Bar: 1970 (Michigan);...

Lawyers of the Year 2004: Michigan attorney Alan Ackerman.
December 27, 2004... Byline: Denise Callahan This lawyer saw a high court ruling affecting condemnation cases across the country as the chance of a lifetime to make positive social change. Born: 1947 Education: University of Michigan Law School...

Dad entitled to hearing on best interest factors, rules Michigan Court of Appeals.
December 27, 2004... Byline: Lynn Patrick Ingram A father was entitled to a new trial on the issue of custody because the trial court simply entered the decision of the arbitrator without independently considering the best interests of the children, the...

Former Michigan state lawmaker and mayor of Oak Park, Joseph Forbes, dies at 88.
December 27, 2004... Byline: Michigan Lawyers Weekly Staff Joseph Forbes, a former state lawmaker and mayor of Oak Park, has died. He was 88. Forbes, who died of heart failure at a hospital in Royal Oak, served 26 years in public office, first as a...

Verdicts & Settlements December 27, 2004: Wrist, ankle fractures settle for $500K.
December 27, 2004... Byline: Michigan Lawyers Weekly Staff The plaintiff was driving a motorcycle southbound on a three-lane road (one northbound lane, one southbound lane, and a center turn lane shared by both directions). A northbound SUV turned left from the...

Verdicts & Settlements December 27, 2004: Summary judgment in business litigation matter.
December 27, 2004... Byline: Michigan Lawyers Weekly Staff This case was a suit brought in name only by a Honda Dealer in Monroe. Defense counsel said the suit was really brought by a frustrated purchaser of the dealership because Honda refused to approve him...

10 Michigan attorneys named 'Lawyers Of The Year 2004' by Michigan Lawyers Weekly.
December 27, 2004... Byline: Michigan Lawyers Weekly Staff Every day, the more than 30,000 practicing lawyers in Michigan contribute to the profession in one way or another, largely without recognition. In this special issue, Lawyers Weekly has selected 10...

Plaintiffs can't seem to penetrate Michigan Supreme Court's decision in Kreiner v. Fischer.
December 27, 2004... Byline: Karen M. Poole Since the Michigan Supreme Court's July 2004 decision in Kreiner v. Fischer, Lawyers Weekly No. 06-52918 (62 pages), which set forth the criteria for meeting the serious impairment threshold in no-fault cases, 16...

Chief Justice of Michigan Supreme Court presided with conviction and compassion.
December 27, 2004... Byline: Todd C. Berg Chief Justice Maura D. Corrigan will change the way you think. As a young college student, majoring in sociology and doing field work at the Recorder's Court in Detroit, she watched some of the famed lawyers of the...

Attorney Discipline Board changes attorney's suspension to revocation.
December 27, 2004... Byline: Michigan Lawyers Weekly Staff An attorney who forged two notary signatures and a stamp from the register of deeds -- with the intent of cheating his mother on a $70,000 loan -- deserved to have his law license revoked, rather than...

Lawyers of the Year 2004: Michigan attorney Daniel S. Saylor.
December 27, 2004... Byline: Todd C. Berg Controversy over landmark decision does nothing to diminish this lawyer's pride in a job well done. Born: 1957 Education: Wayne State University Law School (1985); University of Michigan, master's degree,...

Lawyers of the Year 2004: Michigan attorney Margaret "Margo" J. Nichols.
December 27, 2004... Byline: Karen M. Poole Long-time family law practitioner becomes Michigan's collaborative divorce pioneer. Born: 1948 Education: Wayne State University Law School (1977); Western Michigan University (1971); Kalamazoo College...

Lawyers of the Year 2004: Michigan attorney John P. Jacobs.
December 27, 2004... Byline: Kelly A. McCauley This lawyer helped define admissibility of expert testimony, getting Michigan's standards more closely aligned with 'Daubert.' Born: 1945 Education: University of Detroit School of Law (1970); University...

Lawyers of the Year 2004: Michigan attorney Elizabeth P. Hardy.
December 27, 2004... Byline: Lynn Patrick Ingram Michigan employment law specialist claims victory getting largest recorded compensatory award for a single plaintiff sexual harassment suit in U.S. thrown out. Born: 1955 Education: Wayne State...

Lawyers of the Year 2004: Michigan attorney Scott Goodwin.
December 27, 2004... Byline: Amanda L. Aranowski This lawyer uncovered the city's failure to check the driving records of its bus drivers, a policy that has now become standard practice. Born: 1961 Education: Detroit College of Law (1986); Michigan...

Mich. Court of Appeals Case Summaries: December 27, 2004.
December 27, 2004... Byline: Michigan Lawyers Weekly Staff Family Law Custody - Arbitration Award The trial court's grant of custody to the children's mother is reversed because the court merely entered an arbitration award in the mother's favor...

Michigan Court of Appeals Unpublished Civil Case Summaries: December 27, 2004.
December 27, 2004... Byline: Michigan Lawyers Weekly Staff Arbitration Scope Of Arbitrator's Authority - Interpretation Of Bargaining Agreement The trial court improperly vacated an interim arbitration award in this dispute between a school district...

Michigan Court of Appeals Unpublished Criminal Case Summaries: December 27, 2004.
December 27, 2004... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Murder, Second Degree. Self-Defense. Viewing the evidence in a light most favorable to the prosecution, "the trier of fact could reasonably conclude that defendant shot Walker...

Michigan Supreme Court Orders: December 27, 2004.
December 27, 2004... Byline: Michigan Lawyers Weekly Staff Proposed Court Rule Amendments ADM File No. 2004-13 Proposed Amendment of Rule 2.504 of the Michigan Court Rules On order of the Court, this is to advise that the Court is considering an...