Michigan Lawyers Weekly articles from February 2009

Michigan Lawyers Weekly archives from February 2009

More to terror clause issue than story reported.
February 2, 2009... Byline: Michigan Lawyers Weekly Staff To the Editor: I was surprised to see John Bos' picture and his comment highlighted on your reporting of the Michigan Court of Appeals decision in In re Mary E. Griffin Revocable Grantor Trust....

Michigan Supreme Court upholds MCCA's right to review reasonableness.
February 2, 2009... Byline: Todd C. Berg, Esq. In USF&G v. Michigan Catastrophic Claims Association, et al., the Michigan Supreme Court, in a 4-3 decision, held that the MCCA has the power under the state's No-Fault Act to reject an insurer's reimbursement...

Michigan Catastrophic Claims Assn. plans no change in handling of catastrophic-accident cases.
February 2, 2009... Byline: Todd C. Berg, Esq. The Michigan Supreme Court's ruling that the Michigan Catastrophic Claims Association can reject no-fault insurers' reimbursement claims as unreasonable will not cause the MCCA to reject more claims, says the...

Heir restoration: Michigan attorney Zwick turns sleuth to track down long-lost beneficiaries.
February 2, 2009... Byline: Carol Lundberg Matthew L. Joswick had dismissed the idea of finding his clients' uncle. The clients - two women who were the beneficiaries of their mother's estate - hadn't seen the old fellow in years, and weren't even sure...

Michigan Supreme Court Justice Hathaway may have power to overturn some Taylor rulings.
February 2, 2009... Byline: Todd C. Berg, Esq. Michigan Supreme Court Analysis Between his re-election defeat on Nov. 4 and his leaving the bench on Dec. 31, former Michigan Supreme Court Justice Clifford W. Taylor cast critical, outcome-determinative...

Fair Pay Act not all that fair, say Michigan defense attorneys.
February 2, 2009... Byline: Douglas J. Levy Labor and Employment Law President Obama has signed into law a measure that clears an employee's path to sue for wage discrimination. And that has Michigan employment-law defense lawyers squirming. "My...

Former grievance administrator says criminal, attorney-discipline systems should stay separate.
February 2, 2009... Byline: Todd C. Berg, Esq. The lawyer trying to salvage former Detroit Mayor Kwame M. Kilpatrick's law license has a warning for all lawyers who take on such revocation cases. "My advice to any criminal defense lawyers who are...

Commentary: USF&G requires insurers to more closely scrutinize PIP agreements.
February 2, 2009... Byline: Pratheep Sevanthinathan, Esq. Analysis In December, the Michigan Supreme Court ruled on the issue of whether the Michigan Catastrophic Claims Association (MCCA) can refuse to indemnify member no-fault insurance carriers from...

Michigan insurance regulator prods MCCA to create 'reasonableness' guidelines for no-fault insurers.
February 2, 2009... Byline: Todd C. Berg, Esq. Michigan Catastrophic Claims Association Despite its landmark victory before the Michigan Supreme Court, the Michigan Catastrophic Claims Association needs to make its claims-review process more transparent...

Michigan Lawyers in the News: February 2, 2009.
February 2, 2009... Byline: Michigan Lawyers Weekly Staff Elections Christopher J. Nelson and Max J. Newman were elected shareholders at Butzel Long. Susan M. Friedland and Sarah J. Williams of Bodman LLP were elected to the board of directors of The...

Michigan Attorney Discipline Board Case Summaries: February 2, 2009.
February 2, 2009... Byline: Michigan Lawyers Weekly Staff Notice Of Automatic Reinstatement Case 08-5-GA Notice Issued: Jan. 22, 2009 Harry R. Boffman, III, P 55052, Southfield, Michigan. Effective Jan. 22, 2009 Respondent was suspended...

Michigan Court Of Appeals Case Summaries: February 2, 2009.
February 2, 2009... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery; Carrying A Concealed Weapon; Felon In Possession Of A Firearm; Felony Firearm. Confession. "Based on the record evidence, we defer to the trial court's decision...

Michigan Court Of Appeals Unpublished Civil Case Summaries: February 2, 2009.
February 2, 2009... Byline: Michigan Lawyers Weekly Staff Administrative Law MIOSHA Violation - Worker Improperly Fired Where a township discharged an employee because he refused to work in what he believed was an unsafe condition, an administrative...

Michigan Supreme Court Orders: February 2, 2009.
February 2, 2009... Byline: Michigan Lawyers Weekly Staff Leave Denied Anderson v. Hayes. (Lawyers Weekly No. 06-68856) (3 pages). CORRIGAN, J. (concurring). I join the order denying leave to appeal. I write separately to express my respectful...

U.S. Court of Appeals 6th Circuit Case Summaries: February 2, 2009.
February 2, 2009... Byline: Michigan Lawyers Weekly Staff Consumer Law Standing - Real Estate Settlement Procedures Act To have standing to sue under Sects. 8(a) and 8(b), the anti-kickback and anti-fee-splitting provisions of the Real Estate...

Cutting overhead too soon can be painful procedure.
February 2, 2009... Byline: Ed Poll LawBiz Coach's Corner The cost represented by people is the largest expense at all law firms those with hundreds or even thousands of lawyers and staff, and the small firm or even the solo practice. In periods of...

Now's a good time for new approach to client development.
February 2, 2009... Byline: Lisa G. Meyer Marketing Client satisfaction is an ongoing pursuit, and now that the new year's first month has passed, it's a great time to look back on your client development successes in 2008 and, maybe, make a few...

Once only a concern for physicians, asset protection planning is needed by builders, auto dealers.(Michigan)
February 9, 2009... Byline: Carol Lundberg If Howard B. Young didn't read a single newspaper, he'd still know that something was terribly wrong with the economy. He would know because the profile of his client is changing dramatically. For decades,...

'One unethical decision leads to another,' Mich. Supreme Court Chief Justice warns future lawyers.
February 9, 2009... Byline: Douglas J. Levy The two biggest fears Mary McAuliffe said she faces as a new attorney are opposing counsel and billable hours. While the 28-year-old third-year Thomas M. Cooley Law School student explained that overcoming the...

Closing of loophole throws Michigan lawyers for a loop.
February 9, 2009... Byline: Carol Lundberg Duncan P. Ogilvie has to tell his clients about their unusual quandary: You owe a tax dating back to 2007, but there's no way to pay it. Ogilvie, of Miller Canfield's Ann Arbor office, is advising his clients to...

Ruling by U.S. Supreme Court may extend beyond 'good faith' cases.
February 9, 2009... Byline: Todd C. Berg, Esq. A new U.S. Supreme Court exclusionary rule analysis may make it more difficult for criminal defendants to suppress evidence that was unconstitutionally seized by the police. And, even though the court's...

Commentary: what kind of bank account you have makes a difference in protecting it.
February 9, 2009... Byline: Norman H. Beitner, Esq., and Evan J. Leibhan, Esq. Everything of value in the economy seems to be falling, crashing or otherwise dwindling, so questions naturally arise about the safety of money in banks. Protection for bank...

Commentary: say yes to Michigan.
February 9, 2009... Byline: Anthony J. Mavrinac, Esq., & Mark J. Bennett, Esq. Despite the dismal economic situation, not all is bleak in Michigan. Reports from several respected sources and from regions and industries in the state show reasons for optimism....

Thanks to credit crunch, kinks in loan process force business attorneys to come up with alternatives.(Michigan)
February 9, 2009... Byline: Douglas J. Levy Timothy R. Damschroder said his middle-market clients, such as first- and second-tier auto suppliers and construction companies, are feeling the credit pinch. It's not that those companies are headed for...

An IOLTA dilemma actually has some breathing room.
February 9, 2009... Byline: Ed Poll LawBiz Coach's Corner Managing and accounting for client funds held in trust is a personal responsibility of each lawyer, who bears all the responsibility for accounting for every penny. In an accounting sense, these...

Commentary: clients' dealings with banks in difficult times mean new strategies for attorneys.
February 9, 2009... Byline: Peter J. Lozicki, Esq. Not so long ago, credit flowed freely. Banks were eager to lend, and our clients continually were approached by multiple banks seeking their business. Interest rates were relatively low, the covenant...

Caution: Internet scammers targeting lawyers.
February 9, 2009... Byline: Patrick R. Burns You receive an e-mail from a government functionary in Nigeria telling you that he has access to several million dollars of unused oil pipeline funds and requires your assistance, for a generous fee, in...

Commentary: under the TARP: the past and future of banks' billion-dollar bailout.(Troubled Asset Relief Program)
February 9, 2009... Byline: Gary E. Green, William B. Dunn and Jean M. Weipert By Gary E. Green, Esq., William B. Dunn, Esq., and Jean M. Weipert, Esq. The Troubled Asset Relief Program (TARP), instituted pursuant to the Emergency Economic Stabilization...

Employers may be caught off guard by new ADA law: still no guidance from EEOC.
February 16, 2009... Byline: Sylvia Hsieh Employers are not prepared for the new ADA Amendments Act that went into effect on Jan. 1, some management attorneys warn. Employers, who supported the bill, may be caught off guard by how broad it actually is. ...

Tightened budgets require heightened awareness.
February 16, 2009... Byline: Erik Bodenhofer and Chris Morrison As the Dow struggles and the credit squeeze forces companies to cut costs, legal budgets are on the chopping block. According to a November 2008 survey by management consulting firm Altman...

Commentary: Stitching up county's legal matters all in a day's work for corporation counsel.(Michigan)
February 16, 2009... Byline: Judith K. Cunningham When I accepted an invitation to write for the In-House publication of the Michigan Lawyers Weekly, I left myself only three days to hit the newspaper's deadline. I am the corporation counsel for the 1.2...

Cost or value: which is more important to corporate counsel?
February 16, 2009... Byline: Ed Poll A self-proclaimed revolution began in the legal profession during 2008. The Association of Corporate Counsel began the ACC Value Challenge, a concerted effort to better integrate law-firm billings with corporate clients'...

Filip guidelines a bit of a victory for corporate rights.
February 16, 2009... Byline: Allison D. Burroughs and Maya L. Sethi In a pre-emptive strike, the U.S. Department of Justice has issued new guidelines covering the investigation and prosecution of corporate crimes. At least in part, the department acted...

Keen on green? Customers care, and so does the FTC.
February 16, 2009... Byline: Mary True and Stephanie Jandik As your company markets its green efforts, be careful how you present them to your customers. For example, you can get into trouble by attaching a green arrow symbol to your packaging material or...

Businesses get breather on new ID theft rules.
February 16, 2009... Byline: Sylvia Hsieh Lawyers are scrambling to advise businesses about new rules that require them to have procedures to detect and respond to identity theft. The lawyers' focus is on the so-called red-flag rules that apply to...

Commentary: Don't dabble in tasks; organize for results.
February 16, 2009... Byline: Christopher Mirabile In-house practice is a whirlwind of competing priorities, multistep processes, multifunctional group projects and beguiling distractions. Success requires you to think as much about what you do, and how you do...

Defense, plaintiffs' attorneys spar over U.S. Supreme Court's retaliation ruling.
February 16, 2009... Byline: Kimberly Atkins Defense and plaintiffs bars are divided over the effect of a U.S. Supreme Court decision allowing a fired worker to pursue a Title VII claim that her firing was in retaliation for answering questions in a county's...

Commentary: Review carefully to stop property-tax sky from falling.(Michigan)
February 16, 2009... Byline: Trey Brice, Esq. Chicken Little famously cried "the sky is falling," and that is exactly what is happening to the Michigan real estate market. Pouring salt in the economic wound, Michigan's property tax system is simultaneous...

Commentary: 'Who is the client?'.(Michigan)
February 16, 2009... Byline: James D. Robb In-house corporate lawyers are different from many other law practitioners. Of course, in-house lawyers review contracts, work on business transactions, handle litigation, manage corporate risk, oversee...

Look beyond firm for conflict of interest answers, say specialists.(Michigan)
February 16, 2009... Byline: Todd C. Berg, Esq. When lawyers call him for advice about how best to handle a potential conflict of interest issue, former Grievance Administrator Philip J. Thomas invariably tells them they're doing the right thing: They're...

Michigan Court of Appeals policy limits Web access to some cases.
February 16, 2009... Byline: Todd C. Berg, Esq. After a month of confusion for practitioners and court employees, the Michigan Court of Appeals has clarified in writing its policy for allowing public access to court files that contain sealed materials. On...

Trigger effect: are Michigan prosecutors, other attorneys fit to carry concealed weapons?
February 16, 2009... Byline: Douglas J. Levy Last month, Gov. Jennifer M. Granholm signed a law to allow state judges with permits to have concealed weapons in no-carry zones. But the prosecutor for one of Michigan's most crime-laden counties insists that...

Foreclosure moratoriums may be popular with the public, but legality is in question.(Michigan)
February 16, 2009... Byline: Carol Lundberg Moratoriums on property foreclosures are politically alluring, but critics say they are probably illegal. The most recent proposal came early this month, from Wayne County Sheriff Warren Evans, who announced that...

City attorneys are as visible, and as scrutinized, as elected politicians.(Michigan)
February 16, 2009... Byline: Carol Lundberg When newly appointed Livonia City Attorney Donald L. Knapp Jr. stepped into his modest office on the fourth floor of city hall, he brought with him only the essentials: briefcase, cell phone and a thick skin. ...

The fax of in-house life: after years in the courtroom, Cara Edwards finds satisfaction in a cubicle.(ForeSee Results Inc)(Interview)
February 16, 2009... Byline: Carol Lundberg When Cara Edwards left her comfortable Ann Arbor office at Dykema to take a position as in-house counsel, she knew she was giving up a lot. She knew she would miss the interaction with other Dykema lawyers. She...

Michigan Lawyers in the News: February 16, 2009.
February 16, 2009... Byline: Michigan Lawyers Weekly Staff Appointments Maurice Jenkins of Jackson Lewis LLP was appointed to the Henry Ford West Bloomfield Hospital Board of Trustees. James M. Cameron of Dykema was appointed by the Michigan Supreme...

U.S. Court of Appeals 6th Circuit Case Summaries: February 16, 2009.
February 16, 2009... Byline: Michigan Lawyers Weekly Staff Criminal Law Evidence - Statements To IRS Where defendants were indicted for tax fraud and conspiracy, the federal district court incorrectly suppressed defendants' statements to IRS civil...

Verdicts & Settlements February 16, 2009: Truck's errant crane arm strikes passing driver.
February 16, 2009... Byline: Michigan Lawyers Weekly Staff $1.15 million On Aug. 18, 2006, plaintiff Hussain Al-Shemary drove a tractor-trailer on M-52 near Interstate 96 in Ingham County. A truck with a crane arm on a V-notch atop the cab was approaching...

Verdicts & Settlements February 16, 2009: College's inadequate safety policy blamed for fall.
February 16, 2009... Byline: Michigan Lawyers Weekly Staff $890,000 This negligence claim involved a freshman, 19, who fell from a lofted bed that came with the furnished residential dorm room she leased from defendant Hope College. When setting up...

Verdicts & Settlements February 16, 2009: Accident victim's pre-existing condition argued.
February 16, 2009... Byline: Michigan Lawyers Weekly Staff $321,624 On April 6, 2001, plaintiff Larry Huey was in a motor-vehicle accident and suffered multiple fractures as well as a traumatic brain injury. Family members provided 24-hour attendant care...

Michigan Attorney Discipline Board Case Summaries: February 16, 2009.
February 16, 2009... Byline: Michigan Lawyers Weekly Staff Final Notice Of Suspension And Restitution With Conditions Case No. 06-174-GA Notice Issued: Feb. 9, 2009 Lawrence E. Schultz, P 20097, Southfield, Michigan, by the Attorney Discipline...

Michigan Court of Appeals Case Summaries: February 16, 2009.
February 16, 2009... Byline: Michigan Lawyers Weekly Staff Arbitration Entry Of Judgment -- MCR 3.602 The trial court properly entered judgment on an arbitration award, even though the judgment was entered more than one year after the award was...

Michigan Court of Appeals Unpublished Civil Case Summaries: February 16, 2009.
February 16, 2009... Byline: Michigan Lawyers Weekly Staff Administrative Law Superintending Control -- Denied The circuit court correctly denied plaintiff's motion for superintending control in this civil service employment dispute. Plaintiff...

Michigan Court of Appeals Unpublished Criminal Case Summaries: February 16, 2009.
February 16, 2009... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery; Felon In Possession Of A Firearm; Felony Firearm; Habitual Offender, Fourth Offense. Evidence. "We conclude on the record before us that Nelson's testimony was...

Michigan Supreme Court Orders: February 16, 2009.
February 16, 2009... Byline: Michigan Lawyers Weekly Staff Leave Denied Anglers of the AuSable, Inc. v. Dep't Of Environmental Quality. (Lawyers Weekly No. 06-69057) (3 pages). On order of the Court, the motion for immediate consideration is GRANTED. The...

On the hook: Medicare rules will press insurers on liens against PI settlements.(personal injury)
February 23, 2009... Byline: Carol Lundberg Starting in July, plaintiff attorneys in personal-injury cases won't be the only ones on the hook to make sure Medicare is reimbursed for treatment of eligible injured clients. After July 1, attorneys...

Commentary: the financial crisis demands a close look at life insurance.
February 23, 2009... Byline: Robert M. Heinrich and Bradley K. Feldman Like all other areas of financial services industries, the life-insurance industry is feeling the shock waves of the financial crisis. Life-insurance practitioners must be cognizant of the...

Market is ultimate deciding factor for legal malpractice insurance.
February 23, 2009... Byline: Ed Poll LawBiz Coach's Corner According to the Bar Board of Overseers, there were 51,999 active registered lawyers in the state of Massachusetts in 2008. The Board's Office of Bar Counsel, in its FY 2008 annual report, states...

Commentary: Michigan Court of Appeals to policyholders: read your policies.
February 23, 2009... Byline: Michael S. Hale, Esq. The Michigan Court of Appeals' published ruling in Zaremba Equipment, Inc. v. Harco National Insurance Co., et al. will have far-reaching effects on all insurance policyholders. Do your clients read their...

Commentary: the insured contract: sorting out where insurance and indemnity intersect.(Michigan)
February 23, 2009... Byline: Hal O. Carroll, Esq. For the most part, insurance and indemnity are separate. Each is a contract, and each stands on its own. For instance, a worker is injured and sues the general contractor. If the general has been paying...

Commentary: who's on first? The riddle of multiple insurance policies and construction injuries.(Michigan)
February 23, 2009... Byline: Deborah Hebert, Esq. Your client, a general contractor, calls about a complaint it was just served. The plaintiff is an employee of a former roofing subcontractor. He was injured on a job site when he tripped over bricks...

Commentary: the art of the language: you say 'indemnity', I say 'indemnitee'.(Michigan)
February 23, 2009... Byline: Noreen L. Slank You're a new associate tethered to a busy litigation partner. She has asked you to write a memo on the contractual indemnity issues she soon will face in a construction-accident case. Not recalling ever hearing...

Commentary: grasping the tripartite relationship in Michigan.(duty to defend the claim)(Michigan)
February 23, 2009... Byline: Gregory Drutchas and Adam B. Kutinsky A tripartite relationship among an insurance company, the insured and defense counsel is created when the insured reports a liability claim or lawsuit to its insurance company and the insurer in...

Commentary: delay in payment of your claim should pique your interest.(Michigan)
February 23, 2009... Byline: Patrick A. King, Michael H. Fabian, Douglas McCray First-party insurance claimants in Michigan have a right to recover 12 percent penalty interest from their insurance companies whenever those insurers fail to make timely payment of...

In sidewalk cases, 'two-inch rule' inference may not win dismissal for cities.(Michigan)
February 23, 2009... Byline: Todd C. Berg, Esq. Governmental Immunity Law Plaintiffs suing over an injury suffered on a city sidewalk may have a way to survive summary disposition without offering any evidence. In Gadigian v. City of Taylor, the...

Michigan Court of Appeals makes e-filing A-OK.
February 23, 2009... Byline: Douglas J. Levy Filing an appeal traditionally meant a mad dash to beat the deadline, all the while enduring long lines, courier costs and the occasional traffic jam en route to the clerk's office. Now, a lawyer can get a...

Family-member joyriders keep PIP benefits: exception to coverage-exclusion draws fire in Michigan.(personal protection insurance)
February 23, 2009... Byline: Todd C. Berg, Esq. No-Fault Law Despite a steady stream of criticism, the rule survives that joyriding family members may collect personal protection insurance (PIP) benefits after being injured in motor-vehicle accidents. ...

Compensating wrongfully convicted not a popular cause in Lansing, Michigan.
February 23, 2009... Byline: Carol Lundberg On the day Nathaniel Hatchett was released from prison, he celebrated with his family, his lawyers and his supporters. A crowd cheered him on that day last April as he emerged from the Macomb County courtroom....

Michigan Court of Appeals Case Summaries: February 23, 2009.
February 23, 2009... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Assaulting, Resisting Or Obstructing A Police Officer; Habitual Offender, Fourth Offense. Hearsay. "Deputy Herman's testimony was not hearsay because he was not testifying to...

Michigan Court of Appeals Unpublished Civil Case Summaries: February 23, 2009.
February 23, 2009... Byline: Michigan Lawyers Weekly Staff Administrative Law Retirement Benefits - Denied The circuit court should not have reviewed the State Employees' Retirement Board's decision to deny petitioner non-duty disability retirement...

U.S. Court of Appeals 6th Circuit Case Summaries: February 23, 2009.
February 23, 2009... Byline: Michigan Lawyers Weekly Staff Employment Back Pay Awards - Financial Records Where plaintiffs were discharged for participating in a strike, and the National Labor Relations Board ordered their employer to reinstate...