Michigan Lawyers Weekly articles from December 2008

Michigan Lawyers Weekly archives from December 2008

Federal law changed Michigan law, but still allows meetings between defense and plaintiff's doctors.
December 1, 2008... Byline: Todd C. Berg, Esq. The Michigan Court of Appeals has held that, even though the Health Insurance Portability and Accountability Act of 1996 (HIPAA) erected new procedural hurdles, medical-malpractice defense attorneys still may do...

In Michigan's copper country, Jesse Monville practices while the whole town watches.
December 1, 2008... Byline: Carol Lundberg In rough and rustic Ontonagon County, in Michigan's far western Upper Peninsula, murders happen maybe twice in a generation. And when they do, rumors whisper on the wind through the dead-quiet edge of nowhere....

Mich. Court of Appeals: lack of 'reasonable diligence' defeats untimely nonparty fault notice.
December 1, 2008... Byline: Todd C. Berg, Esq. Dr. Jennifer Battiste and the Caledonia, Mich., clinic she works for learned a hard lesson about filing a late notice of nonparty fault. Because they did not exercise "reasonable diligence" to discover a...

Michigan attorney shifts practice to give women a fair shake in divorce.
December 1, 2008... Byline: Douglas J. Levy While still at the top of his game in insurance defense, medical malpractice and products liability, Dennis Zamplas stopped. The money was good at his Birmingham-based firm Zamplas, Paskin, Nagi, Baxter, Johnson...

Mich. lawyers help clients find government incentives to grow business in tough economy.
December 1, 2008... Byline: Carol Lundberg Trying to sell clients on investing in Michigan seems about as logical as betting on the Detroit Lions to win the Super Bowl. In a nation already grumpy about spending billions from the federal treasury to rescue...

Best retirement plan advice for solo, small firms? Stay the course.
December 1, 2008... Byline: Nora Lockwood Tooher Finance Veteran financial adviser Ed Slott has a stern warning for solo and small-firm lawyers who are panicking about their retirement investments: Stop watching CNBC. "I tell the attorneys, 'You...

iPhone applications give attorneys efficiency to go.
December 1, 2008... Byline: Justin Rebello Technology The enormously popular iPhone, whose most recent incarnation, the G3, was released in July, has become a hit for tech enthusiasts in all fields - and attorneys are no exception. Several tech-savvy...

New family leave rules draw mixed reaction.
December 1, 2008... Byline: Nora Lockwood Tooher Labor and Employment Law While revised Family Medical Leave Act regulations appear to be a boon for military families, they have come under fire from labor groups due to stiffer rules for other workers. ...

Small-town prosecutor in Michigan has advice for occasional fee.
December 1, 2008... Byline: Carol Lundberg If there is a list of special rules to the successful practice of law in Michigan's far western Upper Peninsula, they would have to start with: 1) make sure your spouse likes long winters, and 2) make sure you...

Michigan Court of Appeals Case Summaries: December 1, 2008.
December 1, 2008... Byline: Michigan Lawyers Weekly Staff Employment Unemployment Benefits - Eligibility The trial court erred by approving an award of unemployment benefits to a school custodian during a six-week summer layoff period. "[T]he...

Michigan Court of Appeals Unpublished Civil Case Summaries: December 1, 2008.
December 1, 2008... Byline: Michigan Lawyers Weekly Staff Attorney Fees Referral Fee - Agreement Controls Plaintiffs were entitled to a one-third referral fee from defendant law firm based on the terms of their contingency-fee agreement. ...

Michigan Court of Appeals Unpublished Criminal Case Summaries: December 1, 2008.
December 1, 2008... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Carjacking; Armed Robbery; Fleeing And Eluding, Third Degree; Felon In Possession Of A Firearm; Felony Firearm. Prior Convictions. The admission of defendant's prior conviction...

Michigan Supreme Court Orders: December 1, 2008.
December 1, 2008... Byline: Michigan Lawyers Weekly Staff Judicial Tenure Matters In re Hon. Gerald Trudel. (Lawyers Weekly No. 06-68335) (2 pages). By order of Aug. 1, 2008, the petitioner was directed to produce evidence supporting the allegation in its...

U.S. Court of Appeals 6th Circuit Case Summaries: December 1, 2008.
December 1, 2008... Byline: Michigan Lawyers Weekly Staff Constitutional Law Establishment Clause - Alternate- School Services Where a school board decided to outsource its alternative education program to a religious institution (Kingswood), the...

In a wired, sometimes wireless world, is client confidentiality compromised?
December 1, 2008... Byline: W. William Hodes Technology It used to be that maintaining client confidentiality was chiefly a matter of self-discipline and was relatively simple to accomplish. No gossiping about clients with family or friends or lawyers...

Commentary: put plan for recession survival in place before income slows.
December 1, 2008... Byline: Ed Poll Law firms are no strangers to the boom-and-bust mode of operation, and it's been apparent for some time that the "bust" phase is here. Of course, small firms and solo practices face the valley of lean times frequently,...

Young moves successfully to close Mich. Supreme Court's satellite offices.
December 15, 2008... Byline: Todd C. Berg, Esq. Michigan Supreme Court - Analysis Not one Michigan Supreme Court justice is saying the court was justified in keeping its four taxpayer-funded satellite offices open after the $121 million taxpayer-funded...

Trying to salvage a sinking ship: lawyers guide clients through downsizing woes.
December 15, 2008... Byline: Carol Lundberg Reminiscent of 1930s sit-in strikes by the then newly formed United Auto Workers, more than 200 workers at Chicago's Republic Windows & Doors this month occupied and refused to leave their workplace, three days after...

Unveiling a new honor for Michigan's best: Michigan Lawyers Weekly's Leaders in the Law.
December 15, 2008... Byline: Michigan Lawyers Weekly Staff After 11 years, Michigan Lawyers Weekly is retiring one tradition and starting another to replace it. Our Lawyers of the Year awards had a strong 11-year run, and the staff members of the newspaper...

Hathaway's campaign pledge may support Mich. Supreme Court office closure.
December 15, 2008... Byline: Todd C. Berg, Esq. Justice-elect Diane M. Hathaway ran for the Michigan Supreme Court on the platform that she would stand up for middle-class families and oppose the lavish perks and benefits that Supreme Court justices were...

Michigan Judge Steenland suspended in alcohol-related case.
December 15, 2008... Byline: Todd C. Berg, Esq. Despite having driven her car with a blood-alcohol content of 0.23 percent, Catherine Bove Steenland gets to keep her judgeship and stay out of jail. On Dec. 8, the Michigan Supreme Court accepted the...

Markman says savings from Mich. Supreme Court satellite office closure are obvious.
December 15, 2008... Byline: Todd C. Berg, Esq. Having voted for the closing of the Michigan Supreme Court's four satellite offices in Detroit and Traverse City, which will reportedly slash approximately $425,000 from the judiciary's annual budget, Justice...

MIchigan Attorney Discipline Board Decisions: December 15, 2008.
December 15, 2008... Byline: Michigan Lawyers Weekly Staff Notice Of Reprimand And Restitution With Conditions (By Consent) Case No. 08-68-GA Notice Issued: Dec. 2, 2008 Saun-Roland Scott, P57168, Detroit, Michigan, by the Attorney Discipline...

Michigan Court of Appeals Case Summaries: December 15, 2008.
December 15, 2008... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Assault With Intent To Commit First-Degree Criminal Sexual Conduct; Criminal Sexual Conduct, Fourth Degree. Hearsay. The testimony was not responsive to the prosecutor's...

Michigan Supreme Court Orders: December 15, 2008.
December 15, 2008... Byline: Michigan Lawyers Weekly Staff Appointments ADM File No. 2008-01 - Appointment of Chief Judge of the 11th Judicial Circuit Court (Alger, Schoolcraft, Luce, and Mackinac Counties). (Lawyers Weekly No. 06-68496) (1 pages). On...

U.S. Court of Appeals 6th Circuit Case Summaries: December 15, 2008.
December 15, 2008... Byline: Michigan Lawyers Weekly Staff Bankruptcy Incarcerated Debtor - Credit Counseling The debtor's incarceration is not a "physical disability" that excuses him from participating in required credit counseling before filing a...

LawBiz coach's corner.(client development and lawyers' fees)
December 15, 2008... Byline: Ed Poll LawBiz Coach's Corner In today's credit market conditions, more than ever, a law firm cannot afford to bankroll a client. That lesson came home to me forcefully in a recent coaching session, when a lawyer described...

Commentary: establishing an identity for a client's goods/services needs careful thinking and prep.
December 15, 2008... Byline: Preston H. Smirman From a trademark-law perspective, plenty can go wrong when a client chooses a weak or troublesome name, whether for a multimillion-dollar company or a 25-cent pack of gum. Weak means the name or mark does a...

Commentary: appearance takes center stage as design patents gain stature.
December 15, 2008... Byline: Kelly Burris In the wake of an economic downturn and a recent Federal Circuit court decision, design patents may be taking their long-awaited leading role in the next act of intellectual-property protection. Design patents...

Lawyers have power within to weather tough, stressful times.
December 15, 2008... Byline: Nancy Byerly Jones There are few things we can count on with 100 percent assurance in these tough and frightening economic times. Our worlds are overwhelmed with uncertainty, and very few are immune to financial losses resulting...

Your business may benefit from a retirement plan.
December 15, 2008... Byline: Kimberly DiMaria Offering a retirement plan could be a big help in attracting and retaining quality employees. Popular retirement plans available include: 401(k) plan Employees who participate in a 401(k) plan can elect to...

Casual writing has no place in business e-mails.
December 15, 2008... Byline: Lisa H. Healy and Julie A. Baker Many lawyers spend much of their time writing e-mails. E-mails live on forever, are much more public than private letters and can be sent (by mistake) to hundreds or thousands of people. Yet...

Changing gears after launch could be a headache.
December 15, 2008... Byline: Peter Watts Changing the corporate form after a business is in operation can be problematic. The most common organizational forms are the C corporation, the S corporation, and the LLC. A C corporation takes its name from...

Verdicts & Settlements December 15, 2008: Dealership's high-risk applicants' loans argued.
December 15, 2008... Byline: Michigan Lawyers Weekly Staff In this lawsuit filed in Macomb County Circuit Court, plaintiff Michigan First Credit Union claimed defendant Al Long Ford, Inc., a Ford dealership, falsified documents to secure auto loans for...

Verdicts & Settlements December 15, 2008: After accident, three herniated disks under dispute.
December 15, 2008... Byline: Michigan Lawyers Weekly Staff Plaintiff Tonya Cavazos alleged she was injured in an automobile accident when co-defendant Ready Removal Hauling Service, Inc.'s truck overturned. While the truck did not strike the Cavazos' vehicle,...

Verdicts & Settlements December 15, 2008: Insurance group won't pay wage loss after accident.
December 15, 2008... Byline: Michigan Lawyers Weekly Staff Plaintiff Thaddeus Skrzyszewski was involved in two auto accidents, one on Dec. 19, 2005, the other Jan. 20, 2006. The then-46-year-old complained of back and neck injuries from the first accident and a...

Verdicts & Settlements December 22, 2008: Jury awards plaintiff $100K for homeowner's policy suit.
December 22, 2008... Byline: Michigan Lawyers Weekly Staff The Gaylord home of plaintiff's decedent Mary McGrath was damaged from a burst water pipe after the propane supplier ceased delivering gas, allegedly because of an internal delivery policy. Because...

Families of Pan Am 103 victims compensated, ending 20-year legal battle with Libyan government.
December 22, 2008... Byline: Carol Lundberg Jim Graves went just once to Lockerbie, Scotland. But for 20 years, he has lived a good part of his legal life there. Sitting in his comfortable law office in a one-story brick building on the outskirts of...

Michigan Supreme Court's attorney-fee decision raises questions about contract, ethics law.
December 22, 2008... Byline: Todd C. Berg The Michigan Supreme Court's recent attorney-fee ruling raises questions about whether and to what extent contract law can trump ethics law, legal-ethics specialists say. "This case unfortunately bolsters the...

Plan to retest forensic evidence for Michigan prisoners will take at least three years.
December 22, 2008... Byline: Carol Lundberg As they sit in their cells, a large number of Michigan prisoners who say they are not guilty are facing what may turn into many long, cold seasons of uncertainty. Kym Worthy, the Wayne County prosecutor, has...

Michigan Supreme Court says judge didn't use prestige of office to help alleged debtor.
December 22, 2008... Byline: Todd C. Berg It may not have been the most judicious thing to do, but a judge's attempt to clear up a case of mistaken identity in a debt collection matter wasn't unethical. In In re Honorable William C. Hultgren, the Michigan...

Michigan Lawyers In The News: December 22, 2008.
December 22, 2008... Byline: Michigan Lawyers Weekly Staff Appointments Kevin M. DiDio of Butzel Long was named chair of the Lex Mundi Pro Bono Foundation's Committee. Elections Steven Buquicchio of Varnum, Riddering, Schmidt & Howlett LLP was...

Attorney Discipline Board of Michigan: December 22, 2008.
December 22, 2008... Byline: Michigan Lawyers Weekly Staff Notice Of Suspension Case No. 08-11 O-MZ (Ref. 06-178-JC) Notice Issued: Dec. 11, 2008 Richard I. White, P 38826, Lansing, Michigan, by the Attorney Discipline Board Ingham County Hearing...

Michigan Court of Appeals Case Summaries: December 22, 2008.
December 22, 2008... Byline: Michigan Lawyers Weekly Staff Criminal Law Sentencing - Vulnerable Victim Enhancement Where defendant was convicted of various crimes for arranging over the Internet a sexual rendezvous with an individual who he thought was...

Michigan Court of Appeals Unpublished Civil Case Summaries: December 22, 2008.
December 22, 2008... Byline: Michigan Lawyers Weekly Staff Arbitration Power Not Exceeded - Affirmed An arbitrator correctly determined plaintiffs had no cause of action on their contract claim against defendants. "We reject plaintiffs' argument...

Michigan Court Of Appeals Unpublished Criminal Case Summaries: December 22, 2008.
December 22, 2008... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery; Felon In Possession Of A Firearm; Felony Firearm, Second Offense; Habitual Offender, Fourth Offense. MRE 404(b). "MRE 404(b)(1) expressly lists proof of identity...

Michigan Supreme Court Case Summaries: December 22, 2008.
December 22, 2008... Byline: Michigan Lawyers Weekly Staff Judges Discipline Proceedings - No Misconduct A judge did not commit misconduct when, in trying to prevent a miscarriage of justice, he contacted an attorney in a case assigned to another...

Michigan Supreme Court Orders: December 22, 2008.
December 22, 2008... Byline: Michigan Lawyers Weekly Staff Attorney Discipline Matters Grievance Administrator v. Cooper. (Lawyers Weekly No. 06-68567) (2 pages). On Nov. 13, 2008, the Court heard oral argument on the application for leave to appeal the...

U.S. Court of Appeals 6th Circuit Case Summaries: December 22, 2008.
December 22, 2008... Byline: Michigan Lawyers Weekly Staff Civil Procedure Removal And Remand - Attorney Fees A plaintiff may be entitled to costs and attorney fees associated with the removal of her state-court suit to federal court and the...

Commentary: landlords, tenants can work together efficiently to weather economic gloom.
December 22, 2008... Byline: Nicholas T. Chapie Many retail tenants and landlords are looking to make short- and long-term operational and strategic changes to minimize their losses and bolster their bottom lines. Such reactive retail triage is important,...

Commentary: are your career goals, values different from the firm's?
December 22, 2008... Byline: Ed Poll LawBiz Coach's Corner Many of those who enter law school know at a relatively early age, and most generally by high school or the start of college, that they want to become lawyers. Far fewer are those who are...

Verdicts & Settlements December 22, 2008: Mich. judge orders ex-Birmingham mayor to pay $286,535.
December 22, 2008... Byline: Michigan Lawyers Weekly Staff In this breach of contract and fraud lawsuit filed at Oakland County Circuit Court, plaintiff Sean Taylor accused defendant Geoffrey Hockman, the former mayor of Birmingham and, at one time, the...

Verdicts & Settlements December 22, 2008: Jury rules for construction co. in personal injury suit.
December 22, 2008... Byline: Michigan Lawyers Weekly Staff Plaintiffs Jodi and Ronald Weiss contracted with defendant Champion Pools to build an in-ground swimming pool in their backyard. By the time of the accident, the pool structure had been poured but was...

LawBiz coach's corner.(managing law firms)
December 29, 2008... Byline: Ed Poll The largest law firms, which not too long ago were in the headlines for record high starting associate salaries and profits per partner, now often gain notoriety for their layoffs of lawyers and staff - and, in rare but...

Conservative 'textualist' leaves Michigan Supreme Court with no regrets after electoral de.
December 29, 2008... Byline: Todd C. Berg, Esq. Upon being sworn in as a Michigan Supreme Court justice in 1997, said he was eager to start work because he assumed "it will be as enjoyable intellectually and collegially" as his more than five years on the...

Grievance official calls former Detroit Mayor Kilpatrick's claim hollow.
December 29, 2008... Byline: Todd C. Berg, Esq. Former Detroit Mayor Kwame M. Kilpatrick has no one but himself to blame for the revocation of his law license, Deputy Grievance Administrator Robert E. Edick argues in a pleading filed with the Attorney...

Michigan Supreme Court to open up its administrative meetings.
December 29, 2008... Byline: Todd C. Berg, Esq. Michigan Supreme Court Justice Elizabeth A. Weaver has repeatedly criticized her fellow Republican justices - whom she has referred to collectively as the "majority of four" - for conducting what she calls the...

Amid flurry of legislation, Michigan prisoners regain hope of exoneration.
December 29, 2008... Byline: Carol Lundberg Marla Mitchell-Cichon was in a near panic. Co-director of the Innocence Project at the Thomas M. Cooley Law School in Lansing, Mitchell-Cichon was at home, flipping back and forth between two public-access...

Small-town farmer's death in Michigan nets $2M settlement.
December 29, 2008... Byline: Douglas J. Levy On first review of the elements in a wrongful-death case George T. Sinas handled, an insurance adjuster's checklist would end up without an X in any of its boxes. For starters, in the years before the...

'Associate for janitor pay': new lawyers struggle with unemployment in Michigan's legal sector.
December 29, 2008... Byline: Carol Lundberg Even with no job to report to, Lisa Powell rises before dawn and drives into the dark, cold of morning to the supermarket. There, the unemployed attorney picks up bags of lettuce and greens, which would have been...

Commentary: patchwork of mediation practices, procedures creates opportunities and responsibilities.(Michigan)
December 29, 2008... Byline: Dale Ann Iverson, J.D. In the current climate for alternative dispute resolution in Michigan, lawyers should not count on uniform approaches to mediation in state and federal courts Lawyers also will encounter variety in...