Michigan Lawyers Weekly articles from February 2004

Michigan Lawyers Weekly archives from February 2004

Michigan court rules a no-fault carrier is liable for victim's medical expenses.
February 2, 2004... Byline: Michigan Lawyers Weekly staff Where an automobile accident victim's self-funded employee benefit plan and no-fault automobile insurance policy contained conflicting coordination of benefit (COB) clauses, the no-fault carrier was...

New Michigan town prosecutor makes an immediate impact.(Wayne County. Michigan. Circuit Court )
February 2, 2004... Byline: Kelly A. McCauley One-time Wayne County Assistant Prosecutor and former Circuit Court Judge Kym L. Worthy has taken over the helm of the Wayne County Prosecutor's Office, which some critics allege was mismanaged by the previous...

Michigan U.S. Court of Appeals case summaries: February 2, 2004.(Case overview)
February 2, 2004... Byline: Michigan Lawyers Weekly staff Criminal Robbery - Career Offender Enhancement Where a bank robbery defendant's two prior robbery convictions were not "related" under U.S.S.G. Sect. 4A1.2, the district court did not err in...

Michigan U.S. District Court case summaries: February 2, 2004.(Case overview)
February 2, 2004... Byline: Michigan Lawyers Weekly Staff Civil Rights Due Process - Privacy Rights Where plaintiff sued defendant-city after he was informed that storage of a mattress in an open carport violated a city ordinance and a city employee...

Michigan attorney promotions, personnel changes and awards.(Legal Aid and Defender Association Inc. appoints D. Ann Parker )(Ave Maria School of Law appoints Terilyn Malashanko )(John J. Bursch Young Alumni Spotlight Series)
February 2, 2004... Byline: Michigan Lawyers Weekly staff NewsMakers Appointments D. Ann Parker has been appointed to the policy board of Legal Aid and Defender Association, Inc. Parker centers her Bingham Farms-based practice on family, criminal...

Verdicts & settlements February 2, 2004: Michigan auto negligence suit results in no cause verdict.(Brief article)(Case overview)
February 2, 2004... Byline: Michigan Lawyers Weekly staff The plaintiff and the defendant were in a Wendy's drive-thru lane. Since it was busy, they both decided to pull out. The plaintiff started to go around the defendant's van. As the defendant's van...

Verdicts & settlements February 2, 2004: Michigan jury awards $226K verdict for violation of MCPA.(Case overview)
February 2, 2004... Byline: Michigan Lawyers Weekly staff Defendant K. Alan Thompson was a real estate salesperson employed by defendant G.L. & Associates, LLC (d/b/a/ Prudential Chamberlain-Stiehl). The basis for the claim against these defendants was...

Verdicts & settlements February 2, 2004: Michigan rear-end auto accident settles for $260K.(Brief article)(Case overview)
February 2, 2004... Byline: Michigan Lawyers Weekly staff The plaintiff was rear-ended in an auto accident. Shortly thereafter, he began complaining of radiating neck pain and shoulder pain. The diagnosis was a C4-C5 disc herniation and left shoulder injury....

Worker not entitled to award of open benefits, rules Michigan Court of Appeals.
February 2, 2004... Byline: Karen M. Poole An employee whose legs were crushed in a work-related accident was not entitled to an award of open benefits because there was conflicting evidence before the Workers' Compensation Appellate Commission regarding...

Michigan Court of Appeals Case Summaries: February 2, 2004.
February 2, 2004... Byline: Michigan Lawyers Weekly Staff Administrative Law Aeronautics Comm'n - Local Regulation Of Seaplanes Where the Michigan Aeronautics Commission has the statutory authority to approve the location and operation of airports,...

U.S. Court of Appeals 6th Circuit Case Summaries: February 2, 2004.
February 2, 2004... Byline: Michigan Lawyers Weekly Staff Criminal Robbery - Career Offender Enhancement Where a bank robbery defendant's two prior robbery convictions were not "related" under U.S.S.G. Sect. 4A1.2, the district court did not err in...

Oakland County Circuit Court rules company needn't show just cause to terminate employee.
February 2, 2004... Byline: Sonny N. Sheth A company did not have to show just cause to fire an employee even though the employee handbook lacked an at-will disclaimer, among other things, the Oakland County Circuit Court has ruled. The company argued...

U.S. Bankruptcy Court Case Summaries: February 9, 2004.
February 9, 2004... Byline: Michigan Lawyers Weekly Staff Bankruptcy Judgment For Willful Patent Infringement - Nondischargeable Debt Where a $592,677 judgment was entered against the debtor for patent infringement, the debt is nondischargeable in...

Michigan Supreme Court Orders: February 9, 2004.
February 9, 2004... Byline: Michigan Lawyers Weekly Staff Court Rule Amendments ADM File No. 2000-29 Amendment of Rules 7.202, 7.204, 7.205, and 7.212 of the Michigan Court Rules On order of the Court, notice of the proposed changes and an...

U.S. Supreme Court Case Summaries: February 9, 2004.(Halucha v. Dore)(Brief article)
February 9, 2004... Byline: Michigan Lawyers Weekly Staff No-Fault Serious Impairment - Summary Disposition For Plaintiff Where plaintiff suffered neck, back and tailbone injuries when defendant rear-ended her car and propelled it into the car in...

Michigan Attorney General Opinions: February 9, 2004.(Brief article)
February 9, 2004... Byline: Michigan Lawyers Weekly Staff Real Property Mineral Rights - Recording The three-year grace period for preserving certain property interests, claims, or charges provided in section 3 of the Marketable Record Title Act, MCL...

Michigan Lawyers in the News: February 9, 2004.
February 9, 2004... Byline: Michigan Lawyers Weekly Staff NewsMakers Appointments James P. Feeney has been appointed head of Dykema Gossett PLLC's national litigation team. Feeney specializes in litigation and dispute resolution in the...

Verdicts & Settlements February 9, 2004: Broker made unsuitable investment recommendations.(Rosa O'Neal v. American Securities, Inc.,)
February 9, 2004... Byline: Michigan Lawyers Weekly Staff A National Association of Securities Dealers arbitration panel sitting in Southfield awarded $77,000 in damages and $25,000 in attorneys' fees for investment losses suffered at the hands of a broker....

Verdicts & Settlements February 9, 2004: No cause verdict returned in PIP case.(Kortsch v. GEICO Indemnity Company)
February 9, 2004... Byline: Michigan Lawyers Weekly Staff On Feb. 13, 2001, the plaintiff was involved in a one-vehicle collision. At the time, the plaintiff did not possess a driver's license due to two previous convictions for driving while under the...

Verdicts & Settlements February 9, 2004: Med-mal birth trauma case settles for $825K.(Brief article)
February 9, 2004... Byline: Michigan Lawyers Weekly Staff The plaintiff mother delivered at term. A resident performed a vacuum extraction, which failed. The attending Ob-Gyn then performed a forceps delivery. APGAR scores were seven and nine. The neonatal...

Verdicts & Settlements February 9, 2004: $250K Settlement for past, future commissions.(Brief article)
February 9, 2004... Byline: Michigan Lawyers Weekly Staff The plaintiff was retained by the defendant to sell administrative contracts provided by the defendant in connection with medical prescription plans for employees of self-insured employers. The...

Michigan Court of Appeals says workers unable to show racially hostile work environment.
February 9, 2004... Byline: Michigan Lawyers Weekly Staff Several African American workers who claimed they were exposed to racial slurs and were treated differently than their coworkers failed to prove their hostile work environment claims, the Michigan Court...

U.S. Court of Appeals 6th Circuit Case Summaries: February 9, 2004.
February 9, 2004... Byline: Michigan Lawyers Weekly Staff Criminal Law Sentencing - Remanded Where the federal district court enhanced defendant's sentence when sentencing him for identity theft and fraud, we affirm the court's two-level enhancement...

Ex-wife wins $1.4M based on fraud in separation agreement.
February 9, 2004... Byline: Sonny N. Sheth Can a woman whose husband misrepresented the value of his automobile dealership during divorce proceedings successfully sue him for civil fraud under a breach of contract theory? A $1.4 million jury verdict...

U.S. District Court Eastern District Case Summaries: February 9, 2004.
February 9, 2004... Byline: Michigan Lawyers Weekly Staff Social Security Attorney Fees - EAJA Even though plaintiff prevailed in her claim for Social Security disability benefits, plaintiff's request for attorney fees under the Equal Access to...

Michigan Court of Appeals Case Summaries: February 9, 2004.
February 9, 2004... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery; Felon In Possession Of A Firearm; Felony Firearm. Expert Testimony. The police officer's "testimony clearly falls within the scope of MRE 701. His opinion that...

Michigan Court of Appeals rules officer's check of driver's license plate was proper.
February 9, 2004... Byline: Karen M. Poole A driver's right to be free from unreasonable search and seizure was not violated where a police officer ran a check of his license plate and pulled him over based on two outstanding warrants, the Michigan Court of...

Michigan Supreme Court to distinguish med mal, negligence.
February 9, 2004... Byline: Michigan Lawyers Weekly Staff The Michigan Supreme Court will soon decide whether a nursing home resident who suffocated when her head became caught between her mattress and bed rails, and a hospital patient who was injured when he...

Crash victim meets serious impairment threshold.
February 16, 2004... Byline: Lynn Patrick Ingram A driver who sustained injuries to her neck, back and tailbone after being rear ended at an intersection suffered a serious impairment of an important body function affecting her general ability to lead her...

Should open and obvious danger doctrine apply to contractors?
February 16, 2004... Byline: Michigan Lawyers Weekly Staff The Michigan Supreme Court will soon decide whether a snow removal contractor can use the open and obvious danger doctrine to defend itself against allegations that its failure to salt a parking lot...

U.S. District Court Eastern District Case Summaries: February 16, 2004.(Brief article)
February 16, 2004... Byline: Michigan Lawyers Weekly Staff Chapter 11 Objection To Claim - No Res Judicata Where the debtor objected to the creditor's claim, the objection was not barred by res judicata because in the debtor's reorganization plan, it...

Michigan Supreme Court Decisions: February 26, 2004.
February 16, 2004... Byline: Michigan Lawyers Weekly Staff Criminal Law Evidence - Other Acts Where defendant was convicted of first-degree felony murder with first-degree child abuse as the predicate felony, his conviction is reversed because...

Michigan Court Of Appeals (Unpublished Civil) Case Summaries: February 16, 2004.
February 16, 2004... Byline: Michigan Lawyers Weekly Staff Medical Malpractice Death In County Jail - Standard Of Care Where plaintiff sued defendant-nurses and doctor for medical malpractice after plaintiff's decedent died from a perforated ulcer...

Michigan Lawyers in the News: February 16, 2004.
February 16, 2004... Byline: Michigan Lawyers Weekly Staff NewsMakers Appointments Chief Judge William C. Whitbeck has been re-appointed to serve another two-year term as chief judge of the Michigan Court of Appeals. Judge Wendy Potts has been...

Oakland County Circuit Court Judge Patrick J. Brennan dies.(Obituary)(Brief article)
February 16, 2004... Byline: Michigan Lawyers Weekly Staff Oakland County Circuit Court Judge Patrick J. Brennan has died. He was 54. Brennan was elected to the Oakland County Circuit Court on Nov. 7, 2000. Prior to his election, Brennan was in private...

Verdicts & Settlements February 16, 2004: No cause verdict for libel, slander action.(Brief article)
February 16, 2004... Byline: Michigan Lawyers Weekly Staff The plaintiff was the ex-husband of the defendant's sister. The defendant wrote a letter to the City Council of Taylor, of which the plaintiff was a member. In the letter, there were references to...

Verdicts & Settlements February 16, 2004: Third-party auto matter settles For $300K.
February 16, 2004... Byline: Michigan Lawyers Weekly Staff In June of 2001, the plaintiff, a graduating senior, was attending a typical all-night graduation for the class of 2001 at Fordson High School in Dearborn. The seniors were celebrating in the parking...

Verdicts & Settlements February 16, 2004: $174K award for wrongful termination.(Brief article)
February 16, 2004... Byline: Michigan Lawyers Weekly Staff The plaintiff was terminated as a registered nurse at Oakwood Hospital. He was a just cause employee. The plaintiff was a charge nurse in the CCU when another nurse on the floor failed to follow...

Michigan Court of Appeals rules attorney isn't obligated to repay money owed by client.
February 16, 2004... Byline: Sonny N. Sheth An attorney who expressly agreed to follow his client's instructions concerning repayment of a debt was not contractually obligated to repay the money when his client failed to do so, the Michigan Court of Appeals...

Man aided girlfriend, not liable for death, rules Michigan Court of Appeals.
February 16, 2004... Byline: Karen M. Poole Even though a man assumed a duty when he helped his drunk girlfriend into his house and left her on the kitchen floor, he was not liable for her death when she subsequently fell down the basement stairs, the Michigan...

Michigan Court of Appeals Case Summaries: February 16, 2004.
February 16, 2004... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery. Fair Trial. "To the extent that the trial court may have given the jury the impression that any review of testimony was completely foreclosed, the court erred....

U.S. Court of Appeals 6th Circuit Case Summaries: February 16, 2004.
February 16, 2004... Byline: Michigan Lawyers Weekly Staff Criminal Law Appeal - Untimely Where an unappealed federal criminal judgment becomes final ten days after it is entered under Sect. 2255's statute of limitations, and where the federal...

Low-impact car crash results in $2.5M verdict.
February 23, 2004... Byline: Michigan Lawyers Weekly Staff Can an auto accident victim injured in a rear-end collision collect significant damages, even though she never lost consciousness and her vehicle sustained no visible damage? A $2.5 million verdict...

Resolution G would change way justices are selected in Michigan.
February 23, 2004... Byline: Denise G. Callahan Is it just a publicity ploy, or does one Michigan legislator actually expect to get a constitutional amendment passed to change the way Michigan Supreme Court justices are selected? Senate Joint Resolution G,...

U.S. District Court Eastern District Case Summaries: February 23, 2004.
February 23, 2004... Byline: Michigan Lawyers Weekly Staff Patent And Trademark Jurisdiction - Personal Jurisdiction Where plaintiff sued several defendants for patent infringement, two out-of-state defendants are dismissed from the suit for lack of...

U.S. Supreme Court Decisions: February 23, 2004.
February 23, 2004... Byline: Michigan Lawyers Weekly Staff Criminal Law OUIL Third Offense - Motion To Quash Where defendant was a member of an Indian tribe, and was stopped and arrested in Indian Country by a police officer for an offense that...

What every business owner should know about insurance.(Insurance & Risk -- Expert Tips On Avoiding Common Property And Casualty Insurance Pitfalls That Could Destroy Your Business)(Book review)
February 23, 2004... Byline: Michigan Lawyers Weekly Staff Insurance & Risk -- Expert Tips On Avoiding Common Property And Casualty Insurance Pitfalls That Could Destroy Your Business Kenneth R. Hale, Esq. and Michael S. Hale, Esq., editors 2003,...

Michigan Lawyers in the News: February 23, 2004.
February 23, 2004... Byline: Michigan Lawyers Weekly Staff NewsMakers Appointments George J. A. Heitmanis has been appointed public administrator for Macomb County. Heitmanis, of Kemp Klein in Troy, focuses his practice on probate, trust,...

Verdicts & Settlements February 23, 2004: $11.15M award in breach of contract matter.
February 23, 2004... Byline: Michigan Lawyers Weekly Staff Former Detroit mayor and Michigan Court of Appeals Judge Roman S. Gribbs, sitting as the sole arbitrator appointed by Wayne County Circuit Court Judge John H. Gillis Jr., issued a six-page decision...

Verdicts & Settlements February 23, 2004: $100K settlement for Jones Act matter.
February 23, 2004... Byline: Michigan Lawyers Weekly Staff This action was maritime personal injury in nature and stemmed from an incident which occurred on March 24, 2003. The plaintiff was in the course of his employment when he was required to enter the...

U.S. District Court Western District Case Summaries: February 23, 2004.
February 23, 2004... Byline: Michigan Lawyers Weekly Staff Civil Procedure Jurisdiction - Rooker- Feldman Doctrine Where plaintiff-corporation sued defendant-city in state court to challenge defendant's failure to extend a special land use permit...

U.S. Court of Appeals 6th Circuit Case Summaries: February 23, 2004.
February 23, 2004... Byline: Michigan Lawyers Weekly Staff Administrative Law Highway Safety - Non- Compliance Letter Where plaintiff sued after the Secretary of Transportation issued two letters on a website stating that plaintiff's non-electronic...

Michigan Court of Appeals rules med mal plaintiff's notice of intent was insufficient.
February 23, 2004... Byline: Lynn Patrick Ingram A medical malpractice plaintiff's notice of intent, which alleged that her injuries were the result of an improperly performed surgical procedure, was insufficient to support allegations in her complaint...

Genesee County Circuit Court rules worker can't get damages from fellow subcontractor.
February 23, 2004... Byline: Karen M. Poole A worker who injured his back when he slipped and fell on a stairway at a construction site could not recover from the subcontractor who hired his employer, the Genesee County Circuit Court has ruled. The...

Michigan Court of Appeals Case Summaries: February 23, 2004.
February 23, 2004... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery. Effective Assistance. "In the present case, defense counsel argued that defendant was a young, scared teenager who simply was overwhelmed by the circumstances...