Michigan Lawyers Weekly articles from February 2003

Michigan Lawyers Weekly archives from February 2003

Commentary: Book Review: David Dempsey's "Legally Speaking".
February 3, 2003... Byline: Paul D. Boynton Unlike many "how-to" guidebooks -- which often put the "less" in lifeless prose -- David Dempsey's "Legally Speaking" provides a lively blueprint for successful oral presentations anywhere from the courtroom to the...

Rider Failed To Preserve Evidence, Can't Proceed, Rules Michigan Court Of Appeals.
February 3, 2003... Byline: Karen M. Poole A motorcycle rider who lost control and crashed less than a mile from the dealership cannot maintain a product liability action against the dealership and the manufacturer because her experts disassembled the...

Verdicts & Settlements February 3, 2003: Defendant Failed To Follow Through With Refinancing.
February 3, 2003... Byline: Michigan Lawyers Weekly Staff The defendant promised to refinance at a lower rate, and did not follow through. Plaintiff's counsel argued that the defendant breached the contract and misrepresented the facts. The key to...

Woman Can't Sue City For Crash Near Memorial, Rules Michigan Court Of Appeals.
February 3, 2003... Byline: Lynn Patrick Ingram A woman whose car was rear-ended by another driver near the site of a roadside memorial could not sue the city for her injuries, the Michigan Court of Appeals has decided in an unpublished opinion. The woman...

Demoted Employee Can Sue For Age Bias, Rules 6th Circuit.
February 3, 2003... Byline: Michigan Lawyers Weekly Staff An employee who was demoted by his employer for "declining sales" and replaced by a younger candidate can get to the jury on his age discrimination claim, the 6th Circuit Court of Appeals has decided....

Verdicts & Settlements February 3, 2003: $1.3M Verdict For Fraudulent Conveyance Scheme.
February 3, 2003... Byline: Michigan Lawyers Weekly Staff The plaintiff sued defendant estate and trust on certain indemnity agreements entered into between the estate and trust's decedent, Duane V. Baldwin and the plaintiff. The plaintiff agreed to...

Verdicts & Settlements February 3, 2003: City Not Responsible For Plaintiffs' Flooded Basement.
February 3, 2003... Byline: Michigan Lawyers Weekly Staff The plaintiffs alleged that from the time they moved into the residence at issue through the present date, they have experienced numerous occasions of flooding in their basement. The plaintiffs further...

Michigan Court of Appeals Unpublished Civil Case Summaries: February 3, 2003.
February 3, 2003... Byline: Michigan Lawyers Weekly Staff Arbitration Arbitrator's Authority - Award And Remedy Where plaintiff-city and defendant-firefighters' union submitted a collective bargaining dispute over staffing levels to an arbitrator,...

Michigan Court of Appeals Unpublished Criminal Case Summaries: February 3, 2003.
February 3, 2003... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Murder, First Degree; Conspiracy To Commit Armed Robbery; Habitual Offender Fourth Offense. Self-Representation. The trial court did not err by denying defendant's motion to...

Michigan Supreme Court Orders: February 3, 2003.
February 3, 2003... Byline: Michigan Lawyers Weekly Staff Court Rule Amendments 2001-38 Amendment of Rule 8.116 of the Michigan Court Rules On order of the Court, notice of the proposed changes and an opportunity for comment in writing and at a...

U.S. Court of Appeals 6th Circuit Case Summaries: February 3, 2003.
February 3, 2003... Byline: Michigan Lawyers Weekly Staff Criminal Law Firearm/Murder In Drug Conspiracy - Constitutionality Of Prohibiting Statutes Where defendants challenge the constitutionality of 18 U.S.C. Sect. 924(c) and (i), which prohibit...

Can Michigan Driver Changing Flat In Ohio Get PIP Benefits?
February 3, 2003... Byline: Michigan Lawyers Weekly Staff The Michigan Supreme Court recently heard oral arguments in a case that will determine whether a Michigan motorist who was seriously injured while changing a tire on a vehicle in another state can...

Michigan Court of Appeals Case Summaries: February 3, 2003.
February 3, 2003... Byline: Michigan Lawyers Weekly Staff Business Law Tourism Bureau Assessment - No Transient Facility Where defendant's motel did not meet the statutory definition of a "transient facility," the trial court improperly ordered her...

Verdicts & Settlements February 3, 2003: Plaintiff's Breast Cancer Not Timely Diagnosed.
February 3, 2003... Byline: Michigan Lawyers Weekly Staff This is a medical negligence action in which the plaintiff alleged that defendant Dr. Christopher J. Murray and defendant Alma Clinic, P.C., failed to timely diagnose plaintiff's decedent Janet Lewis'...

Verdicts & Settlements February 3, 2003: Egg Producer Nets $2.1M Settlement.
February 3, 2003... Byline: Michigan Lawyers Weekly Staff The plaintiff is a producer and marketer of eggs established in agriculturally zoned land in Schoolcraft Township. The plaintiff challenged the constitutionality of the defendant's zoning ordinance...

Employee Continues To Get Long-Term Disability, Rules 6th Circuit.
February 10, 2003... Byline: Lynn Patrick Ingram A disabled employee was entitled to continued long-term disability benefits even though his insurance company's physicians said he was no longer qualified, the 6th Circuit has determined. The employee argued...

Experts Needn't Be Family Physicians, Rules Michigan Court Of Appeals.
February 10, 2003... Byline: Michigan Lawyers Weekly Staff Even though a medical malpractice defendant's expert witnesses were not board certified in the same specialty as the defendant, their testimony was allowed because it focused on causation instead of...

Mich. Court of Appeals Case Summaries: February 10, 2003.
February 10, 2003... Byline: Michigan Lawyers Weekly Staff Arbitration NASD Rule 10304 - Statute Of Limitations Where the parties did not include in their arbitration agreement a provision that a court would apply NASD Rule 10304 to determine the...

Michigan Court of Appeals Unpublished Civil Case Summaries: February 10, 2003.
February 10, 2003... Byline: Michigan Lawyers Weekly Staff Assistance Of Counsel Murder Conviction - Remand For New Trial Where defense counsel did not call two witnesses who could have corroborated defendant's version of the events -- that he acted in...

Michigan Court of Appeals Unpublished Criminal Case Summaries: February 10, 2003.
February 10, 2003... Byline: Michigan Lawyers Weekly Staff Double Jeopardy Armed Robbery - Larceny In A Building Where defendants were convicted of both armed robbery and larceny in a building, their double jeopardy guarantees were violated, and the...

U.S. Court of Appeals 6th Circuit Case Summaries: February 10, 2003.
February 10, 2003... Byline: Michigan Lawyers Weekly Staff Bankruptcy Hardship Discharge Of Student Loans-No Sovereign Immunity For State Agency Where plaintiff received a bankruptcy discharge and then initiated an adversarial proceeding against...

Arbitrator Must Decide Timeliness Of Claims, Rules Michigan Court Of Appeals.
February 10, 2003... Byline: Karen M. Poole A brokerage firm cannot enjoin a group of investors from seeking arbitration of claims involving a failed mortgage company, the Michigan Court of Appeals has ruled. The firm argued that the issue of whether the...

Michigan Lawyers in the News: February 10, 2003.
February 10, 2003... Byline: Michigan Lawyers Weekly Staff NewsMakers Professional Moves Sheila C. Cummings and Carole J. Friedman have joined Jaffe, Raitt, Heuer & Weiss as associates. Cummings is a graduate of Wayne State University Law School....

Verdicts & Settlements February 10, 2003: $100K Settlement For Sex Harassment, Discrimination.
February 10, 2003... Byline: Michigan Lawyers Weekly Staff The plaintiff teacher began her employment with the defendant public school on or about Jan. 5, 1998, as a teacher consultant. Throughout her employment, the plaintiff was the victim of sexual...

Federal Employer Liable For $430K In Gender Bias Case.
February 10, 2003... Byline: Edward F. Cohn Can a female employee who was demoted for refusing to supervise a worker she believed to be unqualified bring a successful gender discrimination claim against a powerful government defendant? A $430,000 verdict...

Federal Employer Liable For $430K In Gender Bias Case.
February 10, 2003... Byline: Edward F. Cohn Can a female employee who was demoted for refusing to supervise a worker she believed to be unqualified bring a successful gender discrimination claim against a powerful government defendant? A $430,000 verdict...

Verdicts & Settlements February 10, 2003: Auto/Motorcycle Accident Settles For $350K.
February 10, 2003... Byline: Michigan Lawyers Weekly Staff Defendant Gorsline, the driver of a minivan owned and operated by defendant Verhines, made an improper left turn directly in front of the plaintiff's approaching motorcycle. The plaintiff applied his...

Homeowners Can Maintain Class Action Against City, Rules Michigan Court Of Appeals.
February 17, 2003... Byline: Michigan Lawyers Weekly Staff Homeowners whose property was damaged by overgrown tree roots can maintain a class action suit for trespass-nuisance against the city that planted them, the Michigan Court of Appeals has ruled in an...

Employer Needn't Pay For Disabled Employee's Van, Rules Michigan Supreme Court.
February 17, 2003... Byline: Michigan Lawyers Weekly Staff An employer was not required to provide a van to a former employee who suffered a disabling on-the-job injury, the Michigan Supreme Court has ruled. The employee argued that, under MCL 418.315(1),...

Cost-Splitting Clause Invalid But Arbitration Still Proper, Rules 6th Circuit.
February 17, 2003... Byline: Traci R. Gentilozzi Even though the cost-splitting provision in an employer/employee arbitration agreement was unenforceable, the agreement was still valid because the unenforceable provision could be removed pursuant to a...

U.S. Court of Appeals 6th Circuit Case Summaries: February 17, 2003.
February 17, 2003... Byline: Michigan Lawyers Weekly Staff Bankruptcy Attorney Fees-Improperly Reduced Where appellants were appointed as special counsel to represent the debtor in an adversary action against the City of Akron, the bankruptcy court...

Mich. Court of Appeals Case Summaries: February 17, 2003.
February 17, 2003... Byline: Michigan Lawyers Weekly Staff Murder, Second Degree. New Trial Properly Denied. "Defendant first argues that the trial court abused its discretion in denying his motion for a new trial based on newly discovered testimonial evidence...

U.S. Bankruptcy Court Case Summaries: February 17, 2003.
February 17, 2003... Byline: Michigan Lawyers Weekly Staff Chapter 7 Tax Refund-Improper Concealment Where the debtors concealed a $10,000 tax refund check from the Chapter 7 trustee until they were examined after the meeting of creditors, the tax...

Verdicts & Settlements February 17, 2003: $125K Settlement For Cervical Strain, Compression Fracture.
February 17, 2003... Byline: Michigan Lawyers Weekly Staff The defendant ran a stop sign and broad-sided the plaintiff. The plaintiff was initially diagnosed with grade III cervical strain. He missed five months of work as a landscaping foreman. A bone...

Verdicts & Settlements February 17, 2003: Defense Verdict For Slip & Fall On Nightclub Steps.
February 17, 2003... Byline: Michigan Lawyers Weekly Staff The plaintiff's fall occurred on steps at a nightclub before a concert. The plaintiff alleged the defendant's negligence in failing to adequately light the steps, or otherwise warn, caused the fall....

U.S. District Court Eastern District of Mich. Case Summaries: February 17, 2003.
February 17, 2003... Byline: Michigan Lawyers Weekly Staff Employment No Supervisor Liability Under Elliott- Larsen Act-Case Properly Removed From State Court Where plaintiff filed a state-court retaliatory discharge suit against her employer, a...

U.S. District Court Western District Case Summaries: February 17, 2003.
February 17, 2003... Byline: Michigan Lawyers Weekly Staff ERISA Discharge For Cause-No Benefits Where plaintiff-employee sued defendant-employer for denying him his early retirement supplement benefits after he was discharged for allegedly taking...

Verdicts & Settlements February 17, 2003: No Cause Verdict For Slip & Fall On Bar's Concrete Patio.
February 17, 2003... Byline: Michigan Lawyers Weekly Staff The plaintiff's fall occurred on a concrete patio behind a bar while the plaintiff was shooting baskets. The plaintiff alleged a defective design of the patio surface made it unfit for use as a...

Are Grandparents Entitled To Visitation With Grandchildren? Mich. Supreme Court To Decide.
February 17, 2003... Byline: Karen M. Poole The Michigan Supreme Court will soon decide whether grandparents in Michigan have a constitutional right to see their grandchildren. This debate has been raging here -- and throughout the country -- since the...

Michigan Lawyers In The News: February 17, 2003.
February 17, 2003... Byline: Michigan Lawyers Weekly Staff NewsMakers Professional Moves Wendy Hipsky has become an associate with Jaffe Raitt Heuer & Weiss. Hipsky, a graduate of Wayne State University Law School, practices in the litigation...

Michigan Supreme Court Case Summaries: February 17, 2003.
February 17, 2003... Byline: Michigan Lawyers Weekly Staff Workers' Compensation Assistive 'Appliances'-Modifications To Vehicle Where plaintiff became disabled at work and required a motorized cart and a van that was customized to transport the cart...

Verdicts & Settlements February 17, 2003: Plaintiff Recovers $990K For Breach Of Contract.
February 17, 2003... Byline: Michigan Lawyers Weekly Staff The plaintiff entered into a contract with the defendants under which he would be paid a one-third fee contingent on the sale of 160 acres to the National Park Service. The National Park Service had...

Verdicts & Settlements February 17, 2003: Plaintiffs Get $100K Settlement For Psychological Damages.
February 17, 2003... Byline: Michigan Lawyers Weekly Staff The plaintiffs were a month late on payments to Rent-A-Center for a washer and dryer. At about 11:30 p.m. on Aug. 28, 2001, 10 Rent-A-Center employees with a fake Detroit Police badge and a pistol...

Bench Conference: Michigan Supreme Court Justice Michael F. Cavanagh.
February 24, 2003... Byline: Michigan Lawyers Weekly Staff The Cavanagh family name has gained a legendary reputation in the Michigan legal and political communities due in large part to the work of Supreme Court Justice Michael F. Cavanagh. Brother of...

Michigan Attorney General Opinion Summaries: February 24, 2003.
February 24, 2003... Byline: Michigan Lawyers Weekly Staff Assault With Intent To Do Bodily Harm; Criminal Sexual Conduct, Second Degree Jury Defendant was not entitled to a new trial because the comments made by prospective jurors did not affect the...

Commentary: Presiding In ADR Matters.
February 24, 2003... Byline: Marcia L. Proctor Since both lawyers and nonlawyers may serve as arbitrators, mediators, and facilitators, questions arise regarding when the Rules of Professional Conduct apply. The short answer is that the Rules of...

Michigan Court of Appeals Case Summaries: February 24, 2003.
February 24, 2003... Byline: Michigan Lawyers Weekly Staff Arbitration Agreement Regarding Mediation Sanctions- Enforceability Where the parties' arbitration agreement specifically provided that the prevailing party could seek mediation sanctions "in...

U.S. Court of Appeals 6th Circuit Case Summaries: February 24, 2003.
February 24, 2003... Byline: Michigan Lawyers Weekly Staff Civil Procedure Selective Prosecution Claim-Statute Of Limitations Where plaintiff-pool hall operator sued the City of Cleveland under Sect. 1983 on a selective prosecution theory, plaintiff's...

Med-Mal Jury Can't Consider Failure To Take Medication, Rules Michigan Court Of Appeals.
February 24, 2003... Byline: Michigan Lawyers Weekly Staff Even though a decedent may have failed to take her blood pressure medication regularly before she sought emergency treatment for dizziness, this could not be considered by the jury in her estate's...

Company Not Obligated To Pay Rent On Vacated Space, Rules Michigan Court Of Appeals.
February 24, 2003... Byline: Lynn Patrick Ingram Even though a company took over a tenant's leased property and continued to pay rent according to the terms of the lease, it was not required to abide by the lease's notice provision before vacating the...

6th U.S. Circuit Court of Appeals Rules Store Can Be Sued For Strip Search Of Shopper.
February 24, 2003... Byline: Michigan Lawyers Weekly Staff A shopper who was strip searched at the behest of a store's security officer -- an armed, uniformed sheriff's deputy -- can sue the store for violating her right to be free from unreasonable search and...

Michigan Lawyers In The News: February 24, 2003.
February 24, 2003... Byline: Michigan Lawyers Weekly Staff NewsMakers Appointments Steven C. Kohl has been appointed vice chair of the State Bar of Michigan's Environmental Law Section's Environmental Litigation Committee. Kohl focuses his...

Michigan attorney David H. Raitt dies at 60 years of age.
February 24, 2003... Byline: Michigan Lawyers Weekly Staff The legal and financial communities mourn the loss of a longtime leader with the passing David H. Raitt age 60, on Feb. 9, 2003. Mr. Raitt, who was admitted to practice law in Michigan in 1968,...

Michigan Court of Appeals Unpublished Criminal Case Summaries: February 24, 2003.
February 24, 2003... Byline: Michigan Lawyers Weekly Staff Assault With Intent To Murder; Carrying A Concealed Weapon; Felon In Possession Of A Firearm; Felony Firearm Intent To Kill Complainant testified that defendant stood within five feet of him,...