Michigan Lawyers Weekly articles from January 2006

Michigan Lawyers Weekly archives from January 2006

MI Court of Appeals rules doctor's 'failure' rate irrelevant to informed consent.(Steven Cohn)
January 9, 2006... Byline: Todd C. Berg, Esq. A plaintiff's decedent's informed consent to kidney transplant surgery was not invalidated by the doctor's failure to disclose his success and failure rate for the procedure, the Michigan Court of Appeals has...

MI Court of Appeals' new, improved 'rocket docket' promises parties smoother ride.(Michigan)
January 9, 2006... Byline: Todd C. Berg, Esq. While the "rocket docket" flight plan remains the same, it's hoped that adjustments to the mission's operations will boost its chances for success. Effective Jan. 1, 2006, Administrative Order 2004-5 which...

Practitioners say cutting-edge litigation technology is vital to successful cases.
January 9, 2006... Byline: Denise G. Callahan Litigation technology has grown so much since the days when a simple PowerPoint presentation was considered de rigeur in the courtroom that savvy practitioners say the emerging tech equipment is vital to handling...

Commentary: Mastering and managing documents in the state-of-the-art law office.
January 9, 2006... Byline: T. Roe Frazer Document management is the most daunting challenge for today's law office. Regardless of the size of the law firm, mountains of file folders and forests of paper are piling up every day in every law office....

MI Lawyers in the News: January 9, 2006.(Richard S. Victor reappointed at American Academy of Matrimonial Lawyers)(Reginald M. Turner Jr. of Clark Hill PLC receives award)(Todd Grant Gattoni joins Dykema Gossett)(Michigan)
January 9, 2006... Byline: Michigan Lawyers Weekly Staff Appointments Richard S. Victor has been reappointed by the American Academy of Matrimonial Lawyers as chairperson for continuing legal education. Victor, of the Law Offices of Richard S....

Verdicts & Settlements January 9, 2006: 'No cause' for medical-malpractice claim.
January 9, 2006... Byline: Michigan Lawyers Weekly Staff On Aug. 13, 2001, the plaintiff ran a stop sign and was broadsided by a van. As a result of the accident, the plaintiff was convicted of operating a motor vehicle under the influence of intoxicating...

Verdicts & Settlements January 9, 2006: Auto negligence suit settles for $485K.
January 9, 2006... Byline: Michigan Lawyers Weekly Staff At the time of his serious injury in a vehicle crash, the plaintiff was a 19-year-old high school student, unmarried, with no children. At approximately 2 a.m., while traveling eastbound on Seymour...

Verdicts & Settlements January 9, 2006: 'No cause' result for auto negligence matter.
January 9, 2006... Byline: Michigan Lawyers Weekly Staff The plaintiff was rear-ended by the defendant who admitted negligence and was insured under a $1 million policy with State Farm and claimed a neck injury. The defendant claimed that the plaintiff...

U.S. Court of Appeals 6th Circuit Case Summaries: January 9, 2006.(case regarding bak robbery)(case regarding employee leaves)(case regarding false claims act )
January 9, 2006... Byline: Michigan Lawyers Weekly Staff Appeals Reopening Appeal Period - No Extension The district court's error in calculating the cutoff date for defendant to file an appeal under Fed. R. App. P. 4(a)(6) did not excuse defendant...

Michigan Supreme Court Case Summaries: January 9, 2006.(Brief Article)
January 9, 2006... Byline: Michigan Lawyers Weekly Staff Family Law Domestic Relations Arbitration Act - Formal Hearing Not Required Under MCL 600.5070, et seq., the Domestic Relations Arbitration Act, the parties' stipulated court order satisfies...

Michigan Supreme Court Orders: January 9, 2006.
January 9, 2006... Byline: Michigan Lawyers Weekly Staff Attorney Discipline Matters Patrine Jackson v. Attorney Grievance Comm'n. SC: 129162; AGC: 0267/05. On order of the Court, the complaint for superintending control is considered. Relief is DENIED,...

Michigan Court of Appeals Case Summaries: January 9. 2006.(case regarding searches and seizures )(case regarding medical malpractice)(case regarding parental rights)
January 9, 2006... Byline: Michigan Lawyers Weekly Staff Civil Procedure Untimely Dispositive Motions - Rejected Where defendants in this landlord-tenant action failed to file their motion asserting the affirmative defense of "release" within the...

Michigan Court Of Appeals Unpublished Civil Case Summaries: January 9, 2006.
January 9, 2006... Byline: Michigan Lawyers Weekly Staff Civil Procedure Default - Set Aside Where plaintiff left documents in this foreclosure case with the county treasurer's office on March 8, 2004 but did not complete service until April 19,...

Michigan Court Of Appeals Unpublished Criminal Case Summaries: January 9, 2006.
January 9, 2006... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery; Felon In Possession Of A Firearm; Felony Firearm; Habitual Offender, Second Offense. Testimony. The trial court did not deny defendant his constitutional rights...

MI Attorney General Case Summaries: January 9, 2006.(Michigan)(Brief Article)
January 9, 2006... Byline: Michigan Lawyers Weekly Staff Penal Code Machine Guns - Possesssion And Transfer A person in Michigan may only possess a machine gun if it was lawfully possessed before May 19, 1986, and is properly registered under...

MI Attorney Discipline Board Case Summaries: January 9, 2006.(Michigan)
January 9, 2006... Byline: Michigan Lawyers Weekly Staff Final Notice Of Revocation Case Nos. 04-147-AI; 05-31-JC Notice Issued: December 7, 2005 Carl M. Swanson, P 65381, Detroit, Michigan, by the Attorney Discipline Board Tri-County Hearing...

D.C. Circuit Court affirms that lawyers are not required to send privacy notices.
January 16, 2006... Byline: Reni Gertner Lawyers who handle financial information are not required to send privacy notices to their clients, the D.C. Circuit has ruled in affirming a U.S. District Court. This is the first circuit to rule on this issue,...

Insured's shareholder status doesn't preclude work-loss benefits claim.
January 16, 2006... Byline: Todd C. Berg, Esq. An insured who received wages from a corporation in which he was both the sole shareholder and sole employee was entitled to work-loss benefits under the no-fault policy issued to him as an individual, the...

Michigan Court of Appeals Case Summaries: January 16, 2006.(wage-loss benefits and no-fault insurance policy case)(Brief Article)
January 16, 2006... Byline: Michigan Lawyers Weekly Staff No-Fault Wage Loss - Self-Employment Where plaintiff received wages from a corporation of which he was the sole shareholder and employee, he can collect wage-loss benefits under a no-fault...

Tenant wins $925K for injuries from mold-infested apartment.
January 16, 2006... Byline: Denise G. Callahan Can a tenant collect significant damages from her landlord for mold-related injuries, even though she admittedly had pre-existing allergies? A $925,000 jury verdict in Wayne County Circuit Court indicates the...

U.S. District Court Eastern District Case Summaries: January 16, 2006.
January 16, 2006... Byline: Michigan Lawyers Weekly Staff Civil Procedure Electronic Filing Requirements - Exemption The mandatory electronic filing requirements contained in LR 5.1.1 of the Eastern District of Michigan can be excused for "good cause...

Michigan Supreme Court Orders: January 16, 2006.
January 16, 2006... Byline: Michigan Lawyers Weekly Staff Leave Denied In Re Estate Of Ida E. Sprenkle-Hill. SC: 128364; COA: 248783; Barry Probate Ct: 2002-023531-DA. On order of the Court, the order of October 7, 2005 which directed the hearing of oral...

Michigan Court of Appeals (Unpublished Criminal) Case Summaries: January 16, 2006.
January 16, 2006... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery. Effective Assistance. "Trial counsel testified at the Ginther hearing that his decision to focus on the potential misidentification of defendant by the...

U.S. District Court Western District Case Summaries: January 16, 2006.(Andrews v. Moore Electrical Service)
January 16, 2006... Byline: Michigan Lawyers Weekly Staff Employment Equal Pay Act - Prima Facie Case A woman who alleged that she was paid less than her male predecessor and her male successor has established a prima facie case under the federal...

U.S. Court of Appeals 6th Circuit Case Summaries: January 16, 2006.
January 16, 2006... Byline: Michigan Lawyers Weekly Staff Civil Rights Section 1983 - Qualified Immunity Police officers were entitled to qualified immunity from plaintiffs' Sect. 1983 claim based on a Fourth Amendment violation because the...

Commentary: The technology of law department management.
January 16, 2006... Byline: Terrence T. Murphy There's no question that the infusion of technology into the practice of law has created new responsibilities for lawyers. Increasingly, lawyers are playing a larger role in law department operations. Their...

Michigan Lawyers in the News: January 16, 2006.(Ella S. Parker been elected at Workers' Compensation Section of the Grand Rapids Bar Association)(Patrick F. Geary joins Smith Haughey Rice & Roegge)(Darlene A. O'Brien receives award)
January 16, 2006... Byline: Michigan Lawyers Weekly Staff Appointments C. Blair Mohney, of Siebers Mohney PLC in Grand Rapids, has been appointed commander of the Grand Rapids Power Squadron to teach safe boating. Sommers Schwartz, P.C., has...

Environmental lawyer David Tripp dies at 61.(Obituary)
January 16, 2006... Byline: Michigan Lawyers Weekly Staff Attorney and engineer David Tripp has died. He was 61. A registered professional engineer in Michigan, Tripp began his professional career as an engineer with the U.S. Environmental Protection...

Verdicts & Settlements January 16, 2006: Class action fraud suit settles for $15M.(Kasner v. Comerica, Inc.)(Brief Article)
January 16, 2006... Byline: Michigan Lawyers Weekly Staff On Oct. 2, 2002, Comerica announced that it would record a charge to earnings comprised of an increase in the provision for loan loss reserves and a reduction in goodwill related to a decline in the...

Verdicts & Settlements January 16, 2006: $5.5M settlement for fire insurance claim.
January 16, 2006... Byline: Michigan Lawyers Weekly Staff On June 16, 2001, a fire destroyed Harper Recreation, a bowling establishment and lounge. Defendant/counter-plaintiff Harper submitted property damage claims within three months of the fire. The...

Verdicts & Settlements January 16, 2006: Birth injury case settles for $4M.
January 16, 2006... Byline: Michigan Lawyers Weekly Staff In this birth injury case, plaintiff's counsel said the nurses, residents and attending physicians failed to timely recognize signs of fetal distress and neglected to perform a prompt cesarean section...

Michigan Court of Appeals (Unpublished Civil) Case Summaries: January 16, 2006.
January 16, 2006... Byline: Michigan Lawyers Weekly Staff Arbitration Valid Agreement - Jury Trial Improperly Held The trial court improperly sent plaintiff's employment-related dispute to the jury in the face of enforceable agreements that such...

U.S. Court of Appeals 6th Circuit Case Summaries: January 23, 2006.
January 23, 2006... Byline: Michigan Lawyers Weekly Staff Civil Procedure Default - Relief Margaret Henderson and the Communication Workers of America, Local 4310 are entitled to relief under Rule 60(b) from a $637,584 default judgment in this...

U.S. District Court Eastern District Case Summaries: January 23, 2006.
January 23, 2006... Byline: Michigan Lawyers Weekly Staff Civil Rights Search And Seizure - Factual Dispute Plaintiffs can get to the jury on a claim that a state police trooper deliberately provided false information in an affidavit to broaden the...

U.S. District Court Western District Case Summaries: January 23, 2006.
January 23, 2006... Byline: Michigan Lawyers Weekly Staff Civil Procedure Jurisdiction - Remand To State Court Where plaintiffs sued in state court and claimed that defendants' bad advice caused them to incur income tax penalties and interest, there...

Michigan Supreme Court Orders: January 23, 2006.
January 23, 2006... Byline: Michigan Lawyers Weekly Staff Judicial Tenure Commission In the Matter of the Honorable Dana Fortinberry, Judge, 52nd District Court. SC: 128666; JTC: Formal Complaint No. 78. Before the Judicial Tenure Commission. On...

Michigan Court of Appeals Case Summaries: January 23, 2006.
January 23, 2006... Byline: Michigan Lawyers Weekly Staff Criminal Law Sentencing - Consideration Of Prior Alcohol Offenses Defendant must be resentenced on his plea-based conviction for third-degree criminal sexual conduct because the trial court...

Michigan Court Of Appeals Unpublished Civil Case Summaries: January 23, 2006.
January 23, 2006... Byline: Michigan Lawyers Weekly Staff Arbitration Agreement - Binding Plaintiff-employee was required to arbitrate his discrimination claims against his employer under a Dispute Resolution Program, which included an arbitration...

Michigan Court Of Appeals Unpublished Criminal Case Summaries: January 23, 2006.
January 23, 2006... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery; Fleeing And Eluding, Third Degree; Carrying A Concealed Weapon; Felony Firearm; Habitual Offender, Second Offense. Identity. "Defendant maintains that there was...

MI Attorney General Case Summaries: January 23, 2005.(political signs, public offices cases)(Brief Article)
January 23, 2006... Byline: Michigan Lawyers Weekly Staff Constitutional Law Political Signs - No Permit And Fee Requirement Municipalities may not, consistent with the First Amendment to the federal constitution, impose a permit and fee requirement...

MI Attorney Discipline Board Case Summaries: January 23, 2006.(Michigan)
January 23, 2006... Byline: Michigan Lawyers Weekly Staff Notice Of Reprimand And Restitution With Condition Case No. 04-153-GA Notice Issued: January 13, 2006 James T. Macauley, P 31373, Lansing, Michigan, by the Attorney Discipline Board Ingham...

Commentary: Attracting and retaining paralegals.(legal assistants)(Column)
January 23, 2006... Byline: Linda S. Jevahirian The paralegal profession presents some unique questions about how to attract and retain employees. The combination of female predominance, erratic compensation, and lack of a specific career ladder leading to...

MI Court of Appeals rules consent to search car extends to laptop.
January 23, 2006... Byline: Todd C. Berg, Esq. Criminal Law Analysis Practitioners tell Lawyers Weekly that criminal lawyers will need to start thinking outside the "container" when it comes to the scope of consent searches under a recent Michigan Court...

Verdicts & Settlements January 23, 2006: Road safety expert recovers $58M after being hit by car.
January 23, 2006... Byline: Sheryl M. Vassallo Can a worker who was struck and seriously injured by a car as he was placing traffic control devices in a construction zone recover an eight-figure jury award even though he admitted to being a highly qualified...

IRS will perform more audits in 2006.(Internal Revenue Service)
January 23, 2006... Byline: Correy E. Stephenson In an effort to boost compliance with tax laws and regulations, the IRS recently announced that it would increase the number of audits it will conduct in the next fiscal year. But the audit increase is just...

MI Lawyers in the News: January 23, 2006.(Court of Appeals appoints Judge Brian K. Zahra)(American College of Trial Lawyers appoints Philip J. Kessler)(Warner Norcross and Judd LLP appoints Karen L. Kayes)(Michigan)
January 23, 2006... Byline: Michigan Lawyers Weekly Staff Appointments Judge Brian K. Zahra has been named chief judge pro tem of the Court of Appeals. Judges Megan Brennan and Charlene Elder have been appointed judges of the 3rd Circuit Court in...

Verdicts & Settlements January 23, 2006: Birth trauma claim nets $1.8M settlement.(Brief Article)
January 23, 2006... Byline: Michigan Lawyers Weekly Staff This birth trauma action involved a baby born with APGARS of "3" and "7" at term. Fetal monitor strips showed one significant prolonged deceleration early in the labor, but with good recovery and with...

Verdicts & Settlements January 23, 2006: Third-party auto accident nets $1.6M.
January 23, 2006... Byline: Michigan Lawyers Weekly Staff On July 16, 2002, the plaintiff was stopped at a red light in his pickup truck. The defendant, who was driving his employer's truck, smashed into the back end of the plaintiff's vehicle. The...

Verdicts & Settlements January 23, 2006: Negligence matter settles for $1.55M.(Brief Article)
January 23, 2006... Byline: Michigan Lawyers Weekly Staff The case was premised upon a workplace injury to a 39-year-old laborer operating a sewer cleaning truck. The plaintiff was using the sewer-cleaning truck to clean out a culvert pipe when the rig's...

Verdicts & Settlements January 30, 2006: Motor vehicle accident settles for $3.45M.(Brief Article)
January 30, 2006... Byline: Michigan Lawyers Weekly Staff A grandmother, mother and two minor children were returning from a shopping trip when a cement mixer owned by the defendant corporation crossed the centerline and caused a crash. Three of the four...

U.S. Court of Appeals 6th Circuit Case Summaries: January 30, 2006.(Employee Retirement Income Security Act of 1974)
January 30, 2006... Byline: Michigan Lawyers Weekly Staff Civil Rights Excessive Force Claim - Improperly Dismissed Defendant-police officer was improperly granted summary judgment on plaintiff's excessive-force claim because "[t]he use of...

U.S. District Court Western District Case Summaries: January 30, 2006.
January 30, 2006... Byline: Michigan Lawyers Weekly Staff Civil Procedure No Case Or Controversy - Dismissed A plaintiff who seeks recovery from the City of Charlotte for environmental clean-up costs the Michigan Department of Environmental Quality...

U.S. Bankruptcy Court Notice of Case Management Order: January 30, 2006.
January 30, 2006... Byline: Michigan Lawyers Weekly Staff Eastern District of Michigan Notice - Case Management Order In all Chapter 13 cases filed on or after Monday, January 23, 2006, assigned to Judge Rhodes, the attached Case Management Order will...

MI Supreme Court Orders Case Summaries: January 30, 2006.
January 30, 2006... Byline: Michigan Lawyers Weekly Staff Leave Denied Qarana v. North Pointe Ins. Co. SC: 127488; COA: 244797; Oakland CC: 00-022528-NI. On December 15, 2005, the Court heard oral argument on the application for leave to appeal the...

MI Court Of Appeals Unpublished Civil Case Summaries: January 30, 2006.(Personal Responsibility and Work Opportunity Reconciliation Act of 1996)
January 30, 2006... Byline: Michigan Lawyers Weekly Staff Attorneys Contingency Fee Agreement - Lien The failure of defendant-attorneys to produce a contingency fee agreement signed by plaintiffs does not invalidate an attorney's lien on settlement...

MI Court Of Appeals Case Summaries: January 30, 2006.(Michigan)
January 30, 2006... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery. Sufficient Evidence. "Defendant met the description of the robber. Defendant was stopped by an officer shortly after the robbery, provided inconsistent answers...

MI Court Of Appeals Unpublished Criminal Case Summaries: January 30, 2006.
January 30, 2006... Byline: Michigan Lawyers Weekly Staff Affirmed Sentences Assault With Intent To Murder; Felon In Possession Of A Firearm; Felony Firearm. Sentence of 18 years and 9 months to 30 years in prison for the assault with intent to murder...

MI Court of Appeals rules birth trauma plaintiff's suit against nurse midwife fails.
January 30, 2006... Byline: Lynn Patrick Ingram, Esq. A medical-malpractice plaintiff could not proceed with her suit against a nurse midwife who allegedly caused her son's mental retardation because the plaintiff's experts both of whom were...

MI Court of Appeals rules partially at-fault pharmacy liable for entire damage award.
January 30, 2006... Byline: Paul J. Martinek, Esq. A pharmacy found to be 20 percent at fault for injuries suffered by a child who received the wrong dosage of medication was responsible for the entire damage award, even though a named nonparty was found to be...

Mi Lawyers in the News: January 30, 2006.
January 30, 2006... Byline: Michigan Lawyers Weekly Staff Professional Moves Michelle L. Alamo, Kimberly J. Bull, Benjamin J. Dolan, Christopher C. Maeso, Dawn Faxon Singer, Rebecca L. Takacs and Jack VanHoorelbeke have become partners with Dickinson...

Former Wayne County judge Susan Bieke Neilson dies at 49.(Brief Article)(Obituary)
January 30, 2006... Byline: Michigan Lawyers Weekly Staff Susan Bieke Neilson, a former Wayne County judge who last year joined the 6th U.S. Circuit Court of Appeals bench, has died of pulmonary failure, her husband said. She was 49. President Bush...

Verdicts & Settlements, January 30, 2006: $1.4M settlement for auto negligence matter.(Brief Article)
January 30, 2006... Byline: Michigan Lawyers Weekly Staff The plaintiff was a rear-seat passenger in a car that was violently rear-ended by the defendant's ambulance. Four of the plaintiff's family members, who were in the same vehicle, were also injured....

Verdicts & Settlements January 30, 2006: Auto negligence claim nets $1.79M settlement.
January 30, 2006... Byline: Michigan Lawyers Weekly Staff This auto negligence action resulted in serious injuries to both plaintiffs. However, issues of negligence and injury causation overshadowed the case. The plaintiffs were males in their mid 50s and...

Verdicts & Settlements January 30, 2006: Jury returns $1.3M verdict in med-mal claim.(Brief Article)
January 30, 2006... Byline: Michigan Lawyers Weekly Staff A Calhoun County Circuit Court jury returned a $1.3 million verdict in a medical malpractice, wrongful death claim. The plaintiff's decedent was a 35-year-old man who went to Battle Creek Health...

Retired MI Court of Appeals judge blazed trail for all to follow.(Hilda R. Gage)
January 30, 2006... Byline: Sheryl M. Vassallo Judicial Profile If retired Michigan Court of Appeals Judge Hilda R. Gage had listened to her mother's advice years ago, the State of Michigan may never have been honored with her judgeship for the past 27...

Commentary: Meritorious class actions survive the Class Action Fairness Act.
January 30, 2006... Byline: E Powell Miller, David H Fink and Lauren Duerr Heralded by President Bush as "a model of effective, bipartisan legislation" that will "ease the needless burden of litigation on every American worker, business, and family," the...