Michigan Lawyers Weekly articles from February 2007

Michigan Lawyers Weekly archives from February 2007

Quiet, handling of public requests on court procedures can be done.(Brief article)
February 5, 2007... Byline: Michigan Lawyers Weekly Staff To The Editor: The current brouhaha in the Michigan Supreme Court over internal discussions recalls an early time when the justices had a concern over opening their discussions to the public. ...

High court must fix recusal motion procedures.(Letter to the editor)
February 5, 2007... Byline: Michigan Lawyers Weekly Staff To The Editor: A majority of Michigan's Supreme Court may wish the controversy over how it handles recusal motions would disappear, but the Constitution is not so easily dismissed. Allowing...

No question about it: Judges' deliberations must stay confidential.(Letter to the editor)
February 5, 2007... Byline: Michigan Lawyers Weekly Staff To The Editor: The current, very public dispute among certain Michigan Supreme Court Justices is of great concern to me as a lawyer who has practiced for over 38 years before the court, and has...

Supreme Court confidential.
February 5, 2007... Byline: Todd C. Berg, Esq. When it became clear that Justice Elizabeth A. Weaver planned to go public with events that had occurred behind the Michigan Supreme Court's closed doors, the action taken by her colleagues in the majority was...

Michigan Court of Appeals: A matter of discretion.(City of Detroit v. Detroit Plaza Ltd. Partnership, et al.)(Case overview)
February 5, 2007... Byline: Molly F. Dilbeck, Esq. Michigan Court of Appeals "Again, we disagree." This was a frequently used phrase in a recent Michigan Court of Appeals decision that thwarted each and every attempt made by the City of Detroit to...

Michigan Court of Appeals: Examination of intent.(Kay Investment Company, LLC v. Brody Realty I, LLC)(Case overview)
February 5, 2007... Byline: Melissa P. Stewart, Esq. Michigan Court of Appeals In 1969, Robert Brody, George Brody, Joseph Kaufman, and Harold Kaufman entered into a so-called "joint venture agreement," for the "sole purpose of developing and renting a...

Michigan Lawyers in the News: February 5, 2007.
February 5, 2007... Byline: Michigan Lawyers Weekly Staff Appointments Michael G. Brady has been appointed to the board of trustees of the Michigan chapter of the National Multiple Sclerosis Society. Brady, a partner with Warner Norcross & Judd LLP,...

Attorney Discipline Board Case Summaries: February 5, 2007.
February 5, 2007... Byline: Michigan Lawyers Weekly Staff Corrected Notice Of Automatic Reinstatement** Case No. 06-55-JC Notice Issued: January 8, 2007 Dalia R. Kejbou, P 63428, Bloomfield Hills, Michigan Effective January 8, 2007. ...

Michigan Court of Appeals Case Summaries: February 5, 2007.(McElroy v. Michigan State Police Criminal Justice Information Center)(People v. Dobek)
February 5, 2007... Byline: Michigan Lawyers Weekly Staff Criminal Law Diversion Program - Records An individual who participated in a diversionary program under MCL 769.4a and ultimately had his charges dismissed is not entitled, under MCL...

Mich. Court of Appeals Unpublished Civil Case Summaries: February 5, 2007.(Shakoor v. Oakwood Hospital Annapolis Center-Wayne, et al.)(Hass, et al. v. Deal, et al.)(Masten v. ABN Amro Mortgage Co., et al.)
February 5, 2007... Byline: Michigan Lawyers Weekly Staff Civil Procedure Expert Fees - Taxable Costs Defendants in this medical malpractice case were entitled to recover expert witness fees under MCL 600.2164 for court time and for the time required...

Mich. Court of Appeals Unpublished Criminal Case Summaries: February 5, 2007.(People v. Hall)(People v. Tate)(People v. Phillips)
February 5, 2007... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Assault With Intent To Murder; Felony Firearm. Hearsay. Defendant argues that the evidence regarding motive in this case constituted hearsay and that the trial court abused its...

Michigan Supreme Court Orders Case Summaries: February 5, 2007.
February 5, 2007... Byline: Michigan Lawyers Weekly Staff Court Rule Amendments ADM File No. 2006-05 Amendment of Rules 6.001, 6.610, 6.625, and 7.103 of the Michigan Court Rules On order of the Court, notice of the proposed changes and an...

U.S. Court of Appeals 6th Circuit Case Summaries: February 5, 2007.(Sault Ste. Marie Tribe, et al. v. Granholm)
February 5, 2007... Byline: Michigan Lawyers Weekly Staff Administrative Law Indian Gaming - Extrinsic Evidence Where the Stipulation And Consent Judgment entered into by plaintiff-Indian tribes and the State of Michigan, which governs the operation...

U.S. District Court Western District Case Summaries: February 5, 2007.(New Par v. Lake Twp.)
February 5, 2007... Byline: Michigan Lawyers Weekly Staff Civil Procedure Motion To Intervene - Denied The court has found that Ms. Smith's motion to intervene in this case involving Verizon Wireless' application to build a telecommunications tower...

Verdicts & Settlements February 5, 2007: $917K settlement awarded for electrical burns.(Minor v. XYZ Power Company)(Brief article)
February 5, 2007... Byline: Michigan Lawyers Weekly Staff In this case, a 4-year-old child, while outside playing with siblings and neighbors, crawled into an unlocked electrical transformer box at an apartment complex. The child suffered second- and...

Verdicts & Settlements February 5, 2007: Plaintiff's PIP claim nets $112K verdict.(McCurdy v. Travelers)(Brief article)
February 5, 2007... Byline: Michigan Lawyers Weekly Staff The defendant insurance company terminated the plaintiff's no-fault benefits based on an IME done by Dr. Obianwu. However, plaintiff's counsel said the credibility of Obianwu was placed at issue...

Verdicts & Settlements February 5, 2007: Child's scald injuries net $315K settlement.(Minor Child v. XYZ Apartments)(Brief article)
February 5, 2007... Byline: Michigan Lawyers Weekly Staff A minor received a scald injury when he was bathed in a sink at an apartment. He was treated and released at the hospital, and no skin grafting with resultant discoloration. Plaintiff's counsel...

Commentary: Admin Order 2006-8 should be supported.(Column)
February 5, 2007... Byline: Allan Falk As an appellate specialist and longtime follower and protector of Michigan appellate history and tradition, the recent controversy over the promulgation of Admin Order 2006-8 has struck me as unfortunately more ad...

Michigan Court of Appeals issues opinions on no-fault claims.(Borgess Medical Center v. Resto, et al.)(Case overview)
February 12, 2007... Byline: Molly F. Dilbeck, Esq. Michigan Court of Appeals Since September 2006, the Michigan Court of Appeals has issued several opinions dealing with no-fault claims brought by healthcare facilities. In two of these cases --...

No-cause verdicts on the rise?
February 12, 2007... Byline: Melissa P. Stewart, Esq. Verdicts and Settlements Plus The buzz around water coolers in medical-malpractice firms is that attorneys may no longer be able to count on Michigan's largest insurance companies to settle claims made...

Michigan Court of Appeals issues ruling in divorce case.(Borowsky v. Borowsky)
February 12, 2007... Byline: Molly F. Dilbeck, Esq. Michigan Court of Appeals When Joseph F. Borowsky Jr. filed for divorce from Susan H. Borowsky in 2002, what followed was a lengthy dispute over what income should be included for the purposes of...

Michigan Lawyers in the News: February 12, 2007.
February 12, 2007... Byline: Michigan Lawyers Weekly Staff Appointments Edward D. Plato has been appointed corporation counsel for the City of Taylor. Plato is with Johnson, Rosati, LaBarge, Aseltyne, & Field, P.C., in Farmington Hills. Beth S....

Judge Douglas W. Hillman, 84, dies.(Obituary)(Brief article)
February 12, 2007... Byline: Michigan Lawyers Weekly Staff Retired U.S. District Judge Douglas W. Hillman has died at a Muskegon hospice, according to the federal court. He was 84. Hillman suffered a stroke in 2000, and his health took a turn for the worse...

Judge William Leo Cahalan, 75, dies.(Obituary)(Brief article)
February 12, 2007... Byline: Michigan Lawyers Weekly Staff Former Wayne County Circuit Judge William Leo Cahalan, who forged a reputation for helping felons overcome their addictions to drugs and alcohol during three decades on the bench, has died. He was 75....

Attorney Discipline Board Case Summaries: February 12, 2007.
February 12, 2007... Byline: Michigan Lawyers Weekly Staff Notice Of Automatic Interim Suspension Case No. 07-28-JC Notice Issued: January 29, 2007 Steven Waclawski, P 37995, St. Clair Shores, Michigan. Effective July 20, 2006. Respondent...

Michigan Court of Appeals Case Summaries: February 12, 2007.(People v. Gadomski)(Potter v. McCleary, et al.)
February 12, 2007... Byline: Michigan Lawyers Weekly Staff Criminal Law Business Records Held By Third Parties - No Standing To Challenge Admission Defendant, who was charged with safe-breaking and home invasion, lacked standing to challenge the...

Michigan Court of Appeals Unpublished Civil Case Summaries: February 12, 2007.(Alpine Builders, Inc. v. Lanfear)(Syed, et al. v. Islamic Ass'n of Michigan)
February 12, 2007... Byline: Michigan Lawyers Weekly Staff Arbitration Arbitrator's Opinion - No Error The arbitrator in this contract case did not violate the terms of the arbitration agreement by issuing an award of $71,311.89 in favor of plaintiff...

Michigan Court of Appeals Unpublished Criminal Case Summaries: February 12, 2007.
February 12, 2007... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Assault With Intent To Do Great Bodily Harm Less Than Murder; Felony Firearm; Unlawfully Driving Away A Motor Vehicle. Insufficient Evidence. "In a prosecution for intent to do...

Michigan Supreme Court Case Summaries: February 12, 2007.(People v. Buehler)(Saffian v. Simmons)
February 12, 2007... Byline: Michigan Lawyers Weekly Staff Criminal Law Sentencing - Guidelines And Probation Where defendant was convicted of indecent exposure and being a sexually delinquent person, and his sentencing guidelines mandated a term of...

U.S. Court of Appeals 6th Circuit Case Summaries: February 12, 2007.(Wilson, et al. v. Morgan, et al.)(United States v. McCreary-Reed)
February 12, 2007... Byline: Michigan Lawyers Weekly Staff Civil Rights Section 1983 - Application Of Federal Law The federal district court properly used federal law to evaluate plaintiffs' Sect. 1983 claim that they were arrested without probable...

Commentary: Responding to client satisfaction surveys.(Column)
February 12, 2007... Byline: Jeffrey A. Miiller The final, and most significant, step in your client satisfaction survey initiative is to follow up on all survey responses. Many lawyers who conduct surveys do nothing with the feedback, and reasons vary as to...

Commentary: Proper time to divulge information on charges against fellow justices is now.(Column)
February 12, 2007... Byline: Richard D. McLellan I, like many other lawyers in Michigan, am most concerned over the controversy that currently surrounds the Michigan Supreme Court. In my view, this controversy results from two separate but related matters....

Med-mal plaintiffs face tough odds.(Letter to the editor)
February 19, 2007... Byline: Michigan Lawyers Weekly Staff To The Editor: Given the poisoned atmosphere created by the healthcare industry and the insurance carriers and the legacy of the Engler laws and judicial appointments, any reasonably competent...

Michigan Court of Appeals: Defective affidavit of merit is better than no affidavit of merit.(Case overview)
February 19, 2007... Byline: Todd C. Berg, Esq. A defective affidavit of merit is better than no affidavit of merit. Just ask Kim Saffian. When she filed a "technically deficient" affidavit of merit along with her dental-malpractice lawsuit, most...

Lien-ing on clients and debtors.
February 19, 2007... Byline: Molly F. Dilbeck, Esq. Managing Your Practice During its representation of an injured client against MIC General Insurance Corporation, the Olsman, Mueller, & James, P.C. (Olsman) law firm was discharged in the middle of the...

Michigan Court of Appeals rules "medically distinguishable" test applies only to some work injuries.(Rakestraw v. General Dynamics Land Systems, Inc.)(Case overview)
February 19, 2007... Byline: Melissa P. Stewart, Esq. Michigan Court of Appeals In July 2003, the Michigan Supreme Court decided a case that would split the Worker's Compensation Appellate Commission (WCAC) into two camps. The case, Rakestraw v....

Michigan Lawyers in the News: February 19, 2007.
February 19, 2007... Byline: Michigan Lawyers Weekly Staff Appointments Mindi M. Johnson has been appointed to the Grand Rapids Jaycees board of directors as 2007 legal counsel. Johnson is an associate with Siebers Mohney PLC, in Grand Rapids. ...

Michigan Attorney Discipline Board Case Summaries: February 19, 2007.
February 19, 2007... Byline: Michigan Lawyers Weekly Staff Board Orders Misconduct License Suspended - Additional Conditions The hearing panel's findings and its decision to suspend respondent's license for 90 days for misconduct when handling a...

Michigan Attorney General Case Summaries: February 19, 2007.(Brief article)
February 19, 2007... Byline: Michigan Lawyers Weekly Staff Insurance Confidential Information - Sharing Section 222(7)(b) of the Insurance Code, MCL 500.222(7)(b), authorizes the Commissioner of the Office of Financial and Insurance Services to share...

Michigan Court of Appeals Case Summaries: February 19, 2007.
February 19, 2007... Byline: Michigan Lawyers Weekly Staff Civil Procedure Pleadings - Statute Of Limitations And Nonparty At Fault MCL 600.2957(2) extends the statute of limitations for parties added pursuant to MCR 2.112(K). As a result, even...

Michigan Court of Appeals Unpublished Civil Case Summaries: February 19, 2007.
February 19, 2007... Byline: Michigan Lawyers Weekly Staff Civil Procedure Case-Evaluation Sanctions - Prevailing Party Because, at the time that the trial court issued its order granting in part defendant-Institute's motion for case evaluation...

Michigan Court of Appeals Unpublished Criminal Case Summaries: February 19, 2007.
February 19, 2007... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery. Sufficient Evidence. "The prosecution presented R Finch's testimony that defendant had a gun, describing it as a silver revolver, and was confident of this...

Michigan Supreme Court Orders: February 19, 2007.
February 19, 2007... Byline: Michigan Lawyers Weekly Staff Leave Granted People v. Murphy. SC: 132421; COA: 258397; Wayne CC: 04-001084-01. On order of the Court, the application for leave to appeal the October 12, 2006 judgment of the Court of Appeals is...

U.S. Court of Appeals 6th Circuit Case Summaries: February 19, 2007.
February 19, 2007... Byline: Michigan Lawyers Weekly Staff Attorneys Attorney Lien - Notice A law firm may enforce an attorney lien against an insurance company that received notice of the claimed lien and failed to file an interpleader action. ...

Commentary: Non-qualified structured settlements: More cash for you, less for the IRS.(Internal Revenue Service)
February 19, 2007... Byline: Kelly Ramsdale How many times have we heard that we live in a litigious age and that people sue each other for just about everything? While some cases are sensationalized and ridiculous, most are genuine claims where someone...

Stop wasting court resources on technical errors.(Letter to the editor)
February 26, 2007... Byline: Michigan Lawyers Weekly Staff To The Editor: Saffian v. Simmons illustrates all that is going wrong with our system. (See, "Good for something," Feb. 19, 2007.) Enormous resources are being spent on whether a plaintiff...

Michigan Court of Appeals: Agent of change.(Case overview)
February 26, 2007... Byline: Melissa P. Stewart, Esq. Michigan Court of Appeals In the latest twist on a sexual harassment case that's been ongoing for more than a decade, the Michigan Court of Appeals has held that a supervisor can face individual...

U.S. District Court: An unambiguous promise.(Case overview)
February 26, 2007... Byline: Molly F. Dilbeck, Esq. U.S. District Court When it comes to the duration of retiree health benefits, "shall be continued thereafter" means coverage lasts for life, according to the U.S. District Court for the Eastern District...

Wayne County Circuit Court Report: On solid ground?
February 26, 2007... Byline: Melissa P. Stewart, Esq. Circuit Court Report When Food Basics, Inc., learned it was the subject of a premises liability lawsuit filed by a customer who had allegedly slipped and fallen on a puddle of water in one of its...

Michigan Lawyer in the News: February 26, 2007.
February 26, 2007... Byline: Michigan Lawyers Weekly Staff Appointments Mary Ann Cartwright has been appointed to the Ottawa County Mental Health Board for a three year term beginning April 1, 2007. Cartwright, a shareholder with Rhoades McKee in Grand...

Michigan attorney Edward A. Meany, dies at age 86.(Obituary)(Brief article)
February 26, 2007... Byline: Michigan Lawyers Weekly Staff Attorney Edward A. Meany recently passed away at home in Holt. He was 86. Meany was retired from the practice of law and was writing books. He is a graduate of Harvard College (1948), Harvard...

Michigan Court of Appeals Case Summaries: February 26, 2007.
February 26, 2007... Byline: Michigan Lawyers Weekly Staff Contract Purchase Option In Lease - Specific Performance Where petitioners had a 30-day right of first refusal contained in a lease agreement, the trial court incorrectly ruled that respondent...

Michigan Court of Appeals Unpublished Civil Case Summaries: February 26, 2007.(Demott, et al. v. McDonald, et al.)
February 26, 2007... Byline: Michigan Lawyers Weekly Staff Arbitration Reasoned Opinion - Award Upheld The arbitrator's award for plaintiff in this home construction dispute qualified as "reasoned," "rational" and "clear," as required by the parties'...

Michigan Court of Appeals Unpublished Criminal Case Summaries: February 26, 2007.(People v. Jackson)(People v. Collins)
February 26, 2007... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery. No Prosecutorial Misconduct. "Defendant's sole claim on appeal is that he was denied a fair trial because the prosecutor knowingly presented the false testimony...

Michigan Supreme Court Orders Case Summaries: February 26, 2007.
February 26, 2007... Byline: Michigan Lawyers Weekly Staff Administrative Orders ADM File No. 2002-09 Administrative Order No. 2007-1 Expanded Use of Interactive Video Technology By order entered February 14, 2007, this Court has adopted new...

U.S. Bankruptcy Court Case Summaries: February 26, 2007.(Brief article)
February 26, 2007... Byline: Michigan Lawyers Weekly Staff Eastern District Chapter 13 - Amended Confirmation Hearing Procedures NOTICE REGARDING AMENDED PROCEDURES FOR CHAPTER 13 CONFIRMATION HEARINGS BEFORE CHIEF JUDGE STEVEN RHODES Effective...

U.S. Court of Appeals 6th Circuit Case Summaries: February 26, 2007.(Taveras v. Taveraz)(Teen Ranch, et al. v. Udow, et al.)
February 26, 2007... Byline: Michigan Lawyers Weekly Staff Civil Procedure Jurisdiction - Alien Tort Statute The federal district court correctly ruled that it lacked jurisdiction to hear plaintiff's complaint filed under the Alien Tort Statute (ATS)...

U.S. District Court Eastern District Case Summaries: February 26, 2007.(Cole, et al. v. Arvinmeritor, et al.)
February 26, 2007... Byline: Michigan Lawyers Weekly Staff Employment Collective Bargaining Agreement - Lifetime Benefits Plaintiffs' collective bargaining agreements with their employers unambiguously provide for lifetime retirement benefits. ...

Commentary: Billing for time: The lifeblood of the law practice.
February 26, 2007... Byline: Linda S. Jevahirian In 1989, the United States Supreme Court identified paralegals as separate members of the billing team. (See, Missouri, et al. v. Jenkins, et al., 491 U.S. 274, 109 S.Ct. 2463 (1989).) Justice Brennan...