Michigan Lawyers Weekly articles from December 2006

Michigan Lawyers Weekly archives from December 2006

U.S. Court of Appeals 6th Circuit Case Summaries: December 4, 2006.
December 4, 2006... Byline: Michigan Lawyers Weekly Staff Civil Procedure Perjury - New Suit Dismissed A plaintiff who admitted that she committed perjury in prior litigation when she disclaimed any interest in certain real property will not be...

Commentary: ethics; how should your paralegal behave?
December 4, 2006... Byline: Linda S. Jevahirian In the absence of a regulatory agency, paralegals rely on several professional associations in determining what behavior is ethical and what is not. The associations are exemplary in the way they present and...

Verdicts & Settlements December 4, 2006: $2.5M verdict rendered in no-fault case.
December 4, 2006... Byline: Michigan Lawyers Weekly Staff Plaintiff Shaun Bonkowski was struck by a car as a pedestrian and was not found until the following morning. He suffered a diffuse brain injury from trauma, as well as hypothermia and C5 quadriplegia....

Verdicts & Settlements December 4, 2006: First-party PIP claim results in 'no cause' verdict.
December 4, 2006... Byline: Michigan Lawyers Weekly Staff The case involved a claim for no fault PIP benefits, including alleged lost wages, medical treatment and household services. The plaintiff was employed in a family window installation business....

Verdicts & Settlements December 4, 2006: $620K settlement reached in auto neg matter.
December 4, 2006... Byline: Michigan Lawyers Weekly Staff The 58-year-old female plaintiff was driving her car westbound when defendant Clara Jean Hardy ran a red light and crashed into the plaintiff's car. The defendant testified that she had the green...

Verdicts & Settlements December 4, 2006: Breach of contract case arbitrates for $15M.
December 4, 2006... Byline: Michigan Lawyers Weekly Staff In 1999, Visteon and American Axle entered into a long-term supply agreement. American Axle was supposed to provide Visteon -- which, at the time, was a division of Ford Motor Company -- with axle shaft...

Hard conclusions can't be drawn from 'Kreiner' case count.
December 4, 2006... Byline: Michigan Lawyers Weekly Staff To The Editor: I thought the article "Rolling the Dice" was very interesting (intriguing, is probably the right word), and it reflected an intensive research effort from its author. (See, Michigan...

Follow-up for overruling precedent story wanted.
December 4, 2006... Byline: Michigan Lawyers Weekly Staff To The Editor: Thank you for examining this issue [of overruling precedent]. (See, "Overruling precedent and the MSC," Nov. 6, 2006.) As you know, it is a very difficult topic for practicing...

Scope of 'quantum meruit' expanded by Michigan court.
December 4, 2006... Byline: Melissa P. Stewart, Esq. A mid-trial settlement may protect you from fraud charges, but it won't help you get out of your attorney fees. That's the message sent by a recent Michigan Court of Appeals decision wherein a two-judge...

Tier One litigation.
December 4, 2006... Byline: Molly F. Dilbeck, J.D. Verdicts & Settlements Plus Many large businesses don't go through the hassles of lawsuits. They just settle. However, that was definitely not the case for plaintiff American Axle & Manufacturing,...

Oakland County judge won't let plaintiff win through perjury.
December 4, 2006... Byline: Molly F. Dilbeck, J.D. Circuit Court Report You can't have your cake and eat it too, at least not in Oakland County Circuit Court Judge Michael Warren's courtroom. Plaintiff Heather Lufkins Robinson brought suit against...

Michigan Lawyers in the News: December 4, 2006.
December 4, 2006... Byline: Michigan Lawyers Weekly Staff Appointments Barbara Rom, a partner with Pepper Hamilton LLP in Detroit, has been appointed to a three-year term on the inaugural Dean's Advisory Council by the Dean of the University of Michigan...

Iron County prosecutor Joseph Sartorelli, 52, dies in car accident.
December 4, 2006... Byline: Michigan Lawyers Weekly Staff Iron County Prosecutor Joseph Sartorelli was killed when the vehicle he was driving hit a patch of ice and struck an embankment, police said. He was 52. Sartorelli was traveling along a county road...

Michigan Court of Appeals Case Summaries: December 4, 2006.
December 4, 2006... Byline: Michigan Lawyers Weekly Staff Contract Underinsured Motorist Claims - Venue In these consolidated cases involving alleged breaches of contract for underinsured motorist claims against no-fault insurers, venue is controlled...

Michigan Court of Appeals (Unpublished Civil) Case Summaries: December 4, 2006.
December 4, 2006... Byline: Michigan Lawyers Weekly Staff Administrative Law Driver's License Revocation - No Review Because petitioner did not timely file his petition for review of his driver's license revocation, the circuit court did not have...

Michigan Court of Appeals (Unpublished Criminal) Case Summaries: December 4, 2006.
December 4, 2006... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery; Conspiracy To Commit Armed Robbery; Felony Firearm. No Prosecutorial Misconduct. "Defendant argues that the prosecutor committed misconduct when he asked...

Commentary: Pensions in divorce.
December 11, 2006... Byline: Alan R. Rohde For many married couples, one of the largest assets they have is the pension of one or both of the parties. Disposition of the pension then becomes a litigated item when one of them files for divorce. Many...

Snow and ice not landlord's problem, rules Michigan Court of Appeals.(Irving Allison)
December 11, 2006... Byline: Todd C. Berg, Esq. A footnote may keep Irving Allison from getting his day in court. After slipping and falling on a snow and ice accumulation in his apartment building's parking lot, he sued his landlord under MCL 554.139(1)...

Michigan Court of Appeals decides who foots the bill for injured worker's benefits.(John Chase of Sordoni Skanska Construction)
December 11, 2006... Byline: Melissa P. Stewart, Esq. Michigan Court of Appeals When John Chase injured his foot while working on the Bass Pro Outdoor World site during the construction of Great Lakes Crossing Mall, he believed he was entitled to workers'...

MI Court of Appeals rules statements not made during 'ongoing emergency' are inadmissible.
December 11, 2006... Byline: Melissa P. Stewart, Esq. Michigan Court of Appeals Ever since the U.S. Supreme Court rendered its seminal decision in Crawford v. Washington two years ago, the question of what constitutes a "testimonial" statement has been the...

Michigan Lawyers in the News: December 11, 2006.
December 11, 2006... Byline: Michigan Lawyers Weekly Staff Appointments Freeman L. Farrow, M.D., a principal in the Detroit office of Miller, Canfield, Paddock and Stone, P.L.C., has become a member of the Minorities in Franchising Committee of the...

MI Attorney Discipline Board Case Summaries: December 11, 2006.
December 11, 2006... Byline: Michigan Lawyers Weekly Staff Notice Of Automatic Reinstatement Case No. 05-25-JC Notice Issued: December 1, 2006 Kevin R. Floyd, P 43583, Grand Rapids, Michigan Effective November 28, 2006 Respondent was...

Michigan Court of Appeals Case Summaries: December 11, 2006.
December 11, 2006... Byline: Michigan Lawyers Weekly Staff Employment Employee Right To Know Act - Notice A township official's disclosure to a newspaper that a township employee had been suspended violated the Employee Right To Know Act because the...

Michigan Court of Appeals Unpublished Civil Case Summaries: December 11, 2006.
December 11, 2006... Byline: Michigan Lawyers Weekly Staff Contract Summary Disposition - Prejudgment Interest The trial court correctly ruled that defendants lacked documentary evidence to establish their cross-claim that plaintiff-homebuilder asked...

Michigan Court of Appeals Unpublished Criminal Case Summaries: December 11, 2006.
December 11, 2006... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery. Effective Assistance. "We agree with the trial court, that, in light of defense counsel's account of receiving, in repeated communications, no indication of...

Michigan Supreme Court Orders: December 11, 2006.
December 11, 2006... Byline: Michigan Lawyers Weekly Staff Leave Granted People v. Burns. SC: 131898; COA: 270886; Allegan CC: 02-012311-FH. On order of the Court, the application for leave to appeal the July 18, 2006 order of the Court of Appeals is...

U.S. Court of Appeals 6th Circuit Case Summaries: December 11, 2006.
December 11, 2006... Byline: Michigan Lawyers Weekly Staff Constitutional Law Standing - No Due Process Or Equal Protection Claims Although the federal district court incorrectly ruled that plaintiff, a non-profit soccer association, lacked standing to...

Verdicts & Settlements December 11, 2006: $2M verdict awarded in auto negligence case.
December 11, 2006... Byline: Michigan Lawyers Weekly Staff The case involved a rear-end motor vehicle accident, but liability was not admitted. Traffic had stopped suddenly for a vehicle that stopped to turn left, and the defendant failed to stop in time....

Verdicts & Settlements December 11, 2006: Unwarranted surgery nets 'no cause' verdict.
December 11, 2006... Byline: Michigan Lawyers Weekly Staff The 62-year-old female plaintiff alleged that the defendant performed unnecessary and unwarranted surgery in which the defendant removed approximately four feet of the plaintiff's colon. The...

Verdicts & Settlements December 11, 2006: Defense achieves dismissal of FMLA claim.
December 11, 2006... Byline: Michigan Lawyers Weekly Staff In this FMLA claim, defense counsel said the plaintiff failed to issued initial disclosures, failed to answer the defendant's discovery requests, and refused to schedule the plaintiff's deposition. ...

Verdicts & Settlements December 11, 2006: $800K arbitration award for mild TBI.
December 11, 2006... Byline: Michigan Lawyers Weekly Staff The plaintiff was broadsided by a van driven by the defendant. The plaintiff spent three days in the hospital, and was treated for a head injury, a concussion, lured vision and facial contusions. ...

Survey for MI lawyers says...
December 18, 2006... Byline: Todd C. Berg, Esq. Michigan Lawyers Weekly's Flash Report on The Economics of Law Practice in Michigan That's especially true if you define "profitable" in terms of net income, hourly billing rates and improved economic...

U.S. Bankruptcy Court, Eastern District of MI hears oral arguments in four cases.
December 18, 2006... Byline: Molly F. Dilbeck, J.D. United States Bankruptcy Court When a county register of deeds does not maintain an entry book as required by Michigan law, when, if ever, is a mortgage deemed recorded? This question, at least for...

The best defense is a good offense.
December 18, 2006... Byline: Melissa P. Stewart, Esq. Verdicts & Settlements Plus When 59-year-old Joseph Parks was crushed by more than 3,000 pounds of granite while unloading bundles of slabs at a stone yard, he had the injuries to prove it. His...

MI Lawyers in the News: December 18, 2006.(Michigan)
December 18, 2006... Byline: Michigan Lawyers Weekly Staff Appointments Hugh H. Makens has been appointed to newly formed LexisNexis Securities board of editors. Makens, a partner with Warner Norcross & Judd LLP, centers his practice in securities and...

Attorney Discipline Board Case Summaries: December 18, 2006.
December 18, 2006... Byline: Michigan Lawyers Weekly Staff Final Notice Of Reprimand Case No. 05-113-GA Notice Issued: December 6, 2006 Lee M. O'Brien, P 48670, Grosse Pointe Farms, Michigan, by the Attorney Discipline Board, affirming Tri-County...

MI Court of Appeals Case Summaries: December 18, 2006.(People v. LaBelle)(Sinicropi v. Mazurek, et al.)
December 18, 2006... Byline: Michigan Lawyers Weekly Staff Criminal Law Search And Seizure - Scope Of Vehicle Consent Search Where a police officer stopped a vehicle, believing that the driver ran a stop sign, the driver's consent to a vehicle search...

MI Court of Appeals Unpublished Civil Case Summaries: December 18, 2006.(Preferred Medicine, Inc., et al. v. Allstate Ins. Co)(Charter Twp. of Marquette v. City of Marquette)(Lopatin Miller, P.C. v. Herskovic.)
December 18, 2006... Byline: Michigan Lawyers Weekly Staff Contract Settlement Agreement - No Breach The trial court properly dismissed an insurer's claim that a doctor, corporate entities and individuals breached an agreement that settled a prior...

MI Court of Appeals Unpublished Criminal Case Summaries: December 18, 2006.(People v. Thurber)(People v. Brown)(People v. Mularz)
December 18, 2006... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery. Effective Assistance. "Defendant argues on appeal that trial counsel was ineffective for establishing an essential element of the armed robbery charge during...

MI Supreme Court Orders Case Summaries: December 18, 2006.(Dziedzic v. Attorney Grievance Comm'n.)(Renny v. Dep't of Transportation)(Bloomfield Estates Improvement Ass'n, Inc. v. City of Birmingham)
December 18, 2006... Byline: Michigan Lawyers Weekly Staff Attorney Disciple Matters Dziedzic v. Attorney Grievance Comm'n. SC: 131901; AGC: 3273/05. On order of the Court, the complaint for superintending control is considered, and relief is DENIED,...

U.S. Bankruptcy Court Case Summaries: December 18, 2006.
December 18, 2006... Byline: Michigan Lawyers Weekly Staff Chapter 13 Vehicle Surrender - Deficiency Claim When a debtor surrenders a vehicle to a 910 creditor under Sect. 1325(a)(5)(C), there is nothing in the "hanging paragraph" that the Bankruptcy...

U.S. Court of Appeals 6th Circuit Case Summaries: December 18, 2006.(United States v. Dexta)(United States v. Paige)(Tennessee v. Turner)
December 18, 2006... Byline: Michigan Lawyers Weekly Staff Criminal Law Sentencing - Upheld Where a jury convicted defendant on three counts of conspiracy to distribute 50 grams or more of a methamphetamine mixture, we affirm the district court's...

U.S. District Court Eastern District Case Summaries: December 18, 2006.(Franklin, et al. v. State Farm Mutual Auto. Ins. Co.)
December 18, 2006... Byline: Michigan Lawyers Weekly Staff Attorney Fees Insurer - Excessive Claim Defendant-insurance company is entitled to reasonable attorney fees on plaintiff insureds' claim for 24-hour attendant care under MCL 500.3148(2)...

Commentary: What is too expensive?(environmental remediation)
December 18, 2006... Byline: Alan Hahn and Jeffrey Alan Bolin If you had to choose for your client to spend $9 million or $1.35 million to clean up an environmental issue, which would you choose? The question seems silly and the answer blatantly easy. ...

Verdicts & Settlements December 18, 2006: 'No cause' verdict for insurance agency negligence.(A&O Mold and Engineering, Inc. v Minor Field Insurance Agency, Inc.)
December 18, 2006... Byline: Michigan Lawyers Weekly Staff This case involved a claim for damages arising out of the settlement of a fatal airplane crash. On Feb. 1, 2002, defendant insurance agent Arthur Skogsberg met with Virginia Northup, the wife of...

Verdicts & Settlements December 18, 2006: Premises liability matter results in 'no cause'.(Ellis v. Pride & Country, Inc.)(Brief article)
December 18, 2006... Byline: Michigan Lawyers Weekly Staff Defendant Pride & Country is a retail business consisting of several buildings forming a small village. At the time of the incident, the plaintiff and her daughter were shopping in the "main store,"...

Verdicts & Settlements December 18, 2006: $770K verdict for bad gastric bypass revision.(Sanders v. Ali)
December 18, 2006... Byline: Michigan Lawyers Weekly Staff The plaintiff consulted the defendant for revision gastric bypass surgery in 2002. The plaintiff, who was a high-risk patient for this procedure, underwent the revision surgery on Jan. 24, 2003. ...

Kudos for 'Herculean' effort of overruling precedent story.(Letter to the editor)
December 25, 2006... Byline: Michigan Lawyers Weekly Staff To The Editor: Hooray for Lawyers Weekly. Hooray for Todd Berg. Hooray for your coverage analyzing the number of precedents overruled by the Michigan Supreme Court 1994 A2005. (See, "Overruling...

Plaintiffs' bias permeates publication.(Letter to the editor)
December 25, 2006... Byline: Michigan Lawyers Weekly Staff To The Editor: I have long felt that, in the spirit of "truth in journalism," the name of Michigan Lawyers Weekly should be changed to Michigan Plaintiffs Lawyers Weekly. Your article, "The best...

Michigan Court of Appeals issues ruling on "equitable subrogation".
December 25, 2006... Byline: Melissa P. Stewart, Esq. Michigan Court of Appeals In recent years, mortgage lenders specializing in home refinancing have attempted to use "equitable subrogation" as a means of sidestepping Michigan's statutory race-notice...

Heated debate doesn't stop Michigan Senate from passing SB 647.( Senate Bill 647 )
December 25, 2006... Byline: Molly F. Dilbeck, Esq. Legislative Report Amid public accusations that the Michigan Senate was attempting to slam the door on an open government, Senate Bill 647 nevertheless passed both the Senate and House of Representatives...

Michigan Supreme Court: Restoring the status quo.(Michigan Rules of Professional Conduct)
December 25, 2006... Byline: Melissa P. Stewart, Esq. Michigan Supreme Court In one swift move, the Michigan Supreme Court has taken action to plug a leak that may have been sprung by a recent 6th U.S. Circuit Court of Appeals decision. On Oct. 18,...

Michigan Lawyers in the News: December 25, 2006.(Michael A. Robbins named "Michigan Super Lawyer")(Douglas A. Mielock elected to State Bar of Michigan)(Scott Cooper elected at American Immigration Lawyers Association)
December 25, 2006... Byline: Michigan Lawyers Weekly Staff Elections Scott Cooper, managing partner of the Troy office of Fragomen, Del Rey, Bernsen & Loewy, has been re-elected chair of the Michigan Chapter of the American Immigration Lawyers Association....

Attorney Discipline Board Case Summaries: December 25, 2006.
December 25, 2006... Byline: Michigan Lawyers Weekly Staff Notice Of Probation With Conditions (By Consent) Case No. 06-34-GA Notice Issued: December 14, 2006 Richard J. Martin, P 54377, Falmouth, Massachusetts, by the Attorney Discipline...

Michigan Court of Appeals Case Summaries: December 25, 2006.(Outdoor Systems, Inc. v. City of Clawson)(Campbell v. Kovich, et al)(Morris Pumps v. Centerline Piping)
December 25, 2006... Byline: Michigan Lawyers Weekly Staff Civil Rights Attorney Fees - Prevailing Party Where an advertising company claimed that a city ordinance banning all billboards unconstitutionally restricted the company's First Amendment...

Michigan Court of Appeals Unpublished Civil Case Summaries: December 25, 2006.(Skladanowski v. Radio)(Healthsource v. Urban Hospital Care Plus.)(Nelson v. Wayne County)
December 25, 2006... Byline: Michigan Lawyers Weekly Staff Arbitration Family And Medical Leave Act - Error Of Law The arbitrator erred by finding that defendant-employer was not required to pay plaintiff the commissions she earned during the leave of...

Michigan Court Of Appeals Unpublished Criminal Case Summaries: December 25, 2006.(People v. Glenn)(People v. Smith)(People v. Pate)
December 25, 2006... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery; Conspiracy To Commit Armed Robbery. No 'Brady' Violation. "None of the evidence presented by defendants revealed that Johnson's (a witness') decision to talk...

Michigan Supreme Court Orders: December 25, 2006.
December 25, 2006... Byline: Michigan Lawyers Weekly Staff Leave Granted People v. Gillam. SC: 131276; COA: 259122; Ingham CC: 04-000633-FH. On order of the Court, the application for leave to appeal the April 4, 2006 judgment of the Court of Appeals is...

Q&A with Megan K. Cavanagh.(Interview)
December 25, 2006... Byline: Melissa P. Stewart, Esq. Megan K. Cavanagh may come from one of the most well-known families in the legal community, but in 2006, she made a name for herself by taking her fight to properly enforce the Dramshop Act all the way to...

Q&A with J. Michael Fordney.(Interview)
December 25, 2006... Byline: Molly F. Dilbeck, Esq. This year found J. Michael Fordney litigating in a highly controversial arena -- a Michigan trial court grappling with the precedent established by Rory v. Continental Insurance. Decided in 2005 by the...

Q&A with James G. Gross.(Interview)
December 25, 2006... Byline: Molly F. Dilbeck, Esq. James G. Gross is one focused attorney. Over the last year, this Detroit lawyer has been a driving force behind some substantial changes made to no-fault caselaw in Michigan. For Gross, who has...

Q&A with Robert G. Kamenec.(Plunkett and Cooney P.C.)(Interview)
December 25, 2006... Byline: Melissa P. Stewart, Esq. If you have litigated any medical-malpractice cases in the last few years, chances are you have heard of Robert G. Kamenec. As the attorney of record for 27 appeals -- and 11 in 2006 alone -- involving...

Q&A with Richard C. Kraus.(Interview)
December 25, 2006... Byline: Molly F. Dilbeck, Esq. This year, Richard C. Kraus has helped define an area of law that has caused much consternation in the medical-malpractice field -- the qualifications for standard of care expert witnesses. In Woodard v....

Q&A with Mark J. Kriger and N.C. Deday LaRene.(Interview)
December 25, 2006... Byline: Denise G. Callahan While they are a dynamic criminal defense partnership in their own right, Mark J. Kriger and N.C. Deday LaRene believe their client, former Macomb County Prosecutor Carl Marlinga, saved his own day in federal...

Q&A with Kathleen McCree Lewis.(Dykema Gossett PLC )(Interview)
December 25, 2006... Byline: Melissa P. Stewart, Esq. Appellate advocacy and civic responsibility run deep in Kathleen McCree Lewis' veins. The daughter of the late Wade H. McCree Jr. grew up watching her father blaze a trial for African American lawyers...

Q&A with Brian J. McKeen.(American Association for Justice)(Interview)
December 25, 2006... Byline: Molly F. Dilbeck, Esq. Brian J. McKeen has become one of the "go-to" medical-malpractice attorneys in Michigan. When a large verdict is on the line, you want him representing you. Perhaps it's because, over the past year, he...

Q&A with Janet C. Barnes.(Interview)
December 25, 2006... Byline: Denise G. Callahan Helping courts lay down the law in Michigan was the impetus for Janet C. Barnes to seek out an appellate practice. Obviously, the Michigan Supreme Court feels she's very good at it. With two big defense...

Q&A with Jesse M. Reiter.(Interview)
December 25, 2006... Byline: Denise G. Callahan In a legal climate where insurance companies know they have virtually all the balls in their court, how is Jesse M. Reiter able to slam dunk so many sizeable settlements for his young clients? His game plan...

U.S. Court of Appeals 6th Circuit Case Summaries: December 25, 2006.(Baker, et al. v. City of Hamilton, Ohio, et al)(Asmo v. Keane Inc.)(Mike's Train House v. Lionel L.L.C.)
December 25, 2006... Byline: Michigan Lawyers Weekly Staff Civil Rights Excessive Force - Fourth Amendment Violation Officer Taylor was not entitled to qualified immunity because plaintiffs have set forth facts sufficient to establish a genuine issue...

Commentary: The questions you ask go a long way during an interview.(Column)
December 25, 2006... Byline: Carrie Printz A successful job interview is one in which both participants each walk away with important insight about the other that enables them to make a good decision about a possible working relationship. A traditional...