Michigan Lawyers Weekly articles from July 2007

Michigan Lawyers Weekly archives from July 2007

Verdicts & Settlements July 2, 2007: Ex-Marine awarded $107K for cat bite.(Brief article)
July 2, 2007... Byline: Michigan Lawyers Weekly Staff A former decorated combat veteran, ex-Marine Michael Sabo, was awarded $107,500 by a Genesee County jury for injuries sustained when bitten by his sister's cat. The cat bite became infected, resulting...

Commentary: How Goliath is beating David in courtrooms across America.
July 2, 2007... Byline: Jesse M. Reiter, Esq. The Chamber of Commerce's recent call for further legal reforms in Michigan has no basis in fact or reality. The overwhelming consensus is that the pendulum has swung too far in favor of special interests like...

Commentary: Congress needs to make its intent clear: Equal pay for equal work.
July 2, 2007... Byline: Karen J. Mathis, Esq. A hallmark of the American system of government is that the U.S. Supreme Court is the ultimate referee on questions of law. Even when Court decisions stir passionate differences, they must be respected and...

Chamber's 'study' not all it seemed.(Michigan State Chamber of Commerce)(Letter to the editor)(Brief article)
July 2, 2007... Byline: Michigan Lawyers Weekly Staff To The Editor: Your June 25, 2007 article, "Let's do the time warp again!," which exposed the Michigan Chamber of Commerce's "study" of the legal system as phony and self-serving was right on...

Drop the 'insurance-bias'.(Letter to the editor)
July 2, 2007... Byline: Michigan Lawyers Weekly Staff To The Editor: Although I am not a personal injury or med-mal lawyer, I read "A case with personality," June 18, 2007, with interest because I am curious about the Michigan Court of Appeals...

Amicus curiae practice has long been a fixture in Michigan's appellate courts.
July 2, 2007... Byline: Todd C. Berg, Esq. Appellate Practice The Michigan Supreme Court has lots of friends. Just look at the docket sheets. There are tons of people dying to weigh in on the legal issues of the day. Bar associations....

Michigan Court of Appeals rules 'qualified utilities' may use city-owned highway without consent.
July 2, 2007... Byline: Melissa P. Stewart, Esq. Michigan Court of Appeals -- Municipal Law If at first you don't succeed, try, try again. At least, that seems to be the lesson gleaned from a line of cases involving an ongoing dispute between the...

U.S. Supreme Courtrules statute of limitations bars Title VII long-term pay discrimination claim.
July 2, 2007... Byline: Molly F. Dilbeck, Esq. U.S. Supreme Court For 19 years, Lilly M. Ledbetter worked at an Alabama-based Goodyear Tire & Rubber plant. And, for nearly her entire tenure with the company, she was an area manager. After...

Michigan Lawyers in the News: July 2, 2007.
July 2, 2007... Byline: Michigan Lawyers Weekly Staff Appointments The Michigan Supreme Court recently appointed the following attorneys to serve on its Committee on Model Civil Jury Instructions: Hon. Steven N. Andrews, Hon. Aldred M. Butzbaugh, Hon....

Michigan Court of Appeals Case Summaries: July 2, 2007.(Farm Bureau General Ins. Co.)
July 2, 2007... Byline: Michigan Lawyers Weekly Staff Civil Procedure Venue - Tort And Contract Claims In a case containing a tort claim against one defendant and contract claims against another defendant, MCL 600.1629(1), the statute controlling...

Michigan Court of Appeals Unpublished Civil Case Summaries: July 2, 2007.
July 2, 2007... Byline: Michigan Lawyers Weekly Staff Appeals Remand - Scope The trial court did not exceed the scope of this court's earlier remand order by awarding additional damages not part of the original judgment. "In ordering a...

Michigan Court of Appeals Unpublished Criminal Case Summaries: July 2, 2007.
July 2, 2007... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery. Identification. "[T]he victim's testimony was positive and unequivocal. He testified that he saw defendant four to five times a week during his shift at the gas...

Michigan Supreme Court Case Summaries: July 2, 2007.
July 2, 2007... Byline: Michigan Lawyers Weekly Staff Administrative Law Hunting - Municipal Ordinance Where the Michigan Department of Natural Resources has the authority to regulate the discharge of weapons in areas established under part 419...

U.S. Court of Appeals 6th Circuit Case Summaries: July 2, 2007.
July 2, 2007... Byline: Michigan Lawyers Weekly Staff Antitrust Football Stadium - Statute Of Limitations Where the Hamilton County Board of Commissioners sued defendants -- the Cincinnati Bengals, the National Football League and its 31 other...

Commentary: The essential terms of executive severance packages.
July 2, 2007... Byline: Sue Ellen Eisenberg Negotiating executive severance packages provide a challenge for counsel. There is a myriad of issues not related to traditional negotiated releases. Obligations under the agreement The parties will...

Verdicts & Settlements July 2, 2007: No-cause verdict garnered in auto-neg case.(Brief article)
July 2, 2007... Byline: Michigan Lawyers Weekly Staff In September 2003, Plaintiff was a United States postal worker who was in the course of delivering the mail when the Defendant's vehicle backed into Plaintiff's mail truck. No police report was filed,...

Verdicts & Settlements July 2, 2007: PIP claim results in no-cause verdict.(personal injury protection)(Brief article)
July 2, 2007... Byline: Michigan Lawyers Weekly Staff This was a first party PIP case that arose out of a rear end automobile accident occurring in June 2003. Plaintiff's vehicle was totaled from the accident and her head knocked out a glass window. As a...

Michigan Court Of Appeals Unpublished Criminal Case Summaries: July 16, 2007.
July 16, 2007... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery. Identification Evidence. Defendant's coworkers were shown still photographs taken from surveillance videos at the robbery scene and remarked that the person...

Michigan Supreme Court Case Summaries: July 16, 2007.
July 16, 2007... Byline: Michigan Lawyers Weekly Staff Civil Forfeiture Illegally Seized Property - Subject To Forfeiture Illegally seized property is not immune from civil forfeiture and may be offered into evidence for the limited purpose of...

U.S. Court of Appeals 6th Circuit Case Summaries: July 16, 2007.
July 16, 2007... Byline: Michigan Lawyers Weekly Staff Employment Discrimination - Foreign Accent The comments defendant made regarding plaintiff's foreign accent constituted direct evidence of national origin discrimination. We vacate summary...

Commentary: What every health care professional should know about durable powers of attorney.
July 16, 2007... Byline: Shirley A. Kaigler Until there is a family health crisis that affects the ability of a spouse, elderly parent or adult child to handle their own personal, business or financial affairs, many individuals do not appreciate the value...

Verdicts & Settlements July 16, 2007: No-cause rendered in PIP claim.(personal injury protection)(Brief article)
July 16, 2007... Byline: Michigan Lawyers Weekly Staff In this constructive ownership case, Plaintiff's brother was the registered owner of a Pontiac Bonneville. The brother left Michigan, leaving the Pontiac Bonneville at a friend's residence. Plaintiff...

Verdicts & Settlements July 16, 2007: Duty to assist claim garners $60K verdict.(Brief article)
July 16, 2007... Byline: Michigan Lawyers Weekly Staff A van door was shut on a 93-year-old Plaintiff's hand while Plaintiff was attempting to enter a church van which was to take her to a Tuesday night gathering at the church. As a result, Plaintiff...

Verdicts & Settlements July 16, 2007: Breach of contract case nets $1.2M verdict.
July 16, 2007... Byline: Michigan Lawyers Weekly Staff In 1998, three physicians joined together to form the Center for Orthopedic Surgery, PLC, an orthopedic surgery medical practice in Mt. Clemens, Michigan. Dr. John Ferris, Dr. Kevin Hanlon, and Dr....

Legal system needs moderation, not 'reforms'.(Letter to the editor)
July 16, 2007... Byline: Michigan Lawyers Weekly Staff To The Editor: Your story, "Let's do the time warp again!," June 25, 2007, shows that an accurate view of reality will not get in the way of a political agenda. For the Michigan Chamber of...

Analysis of Michigan's medical-malpractice reform.
July 16, 2007... Byline: Todd C. Berg, Esq. Michigan's twenty-year foray into medical-malpractice reform hasn't exactly lived up to the hype. Sure, it's made good on the promise that it would eviscerate the legal system for plaintiffs and for the...

Despite refusal to arbitrate, default divorce decree overruled by Michigan Court of Appeals.
July 16, 2007... Byline: Molly F. Dilbeck, Esq. Michigan Court of Appeals -- Family Law Update After more than thirty years of marriage, William D. Johnson sought a divorce from his wife Lillian. The couple's troubles began in 1982 when Lillian...

Verdicts & Settlements July 16, 2007: 'Gentlemen's agreement' evidences breach of fiduciary duty.
July 16, 2007... Byline: Melissa P. Stewart, Esq. Verdicts & Settlements Plus When four Mt. Clemens General Hospital physicians left the facility to open a private practice, they relied on a gentlemen's agreement to dictate the terms of their...

Michigan Lawyers in the News: July 16, 2007.
July 16, 2007... Byline: Michigan Lawyers Weekly Staff Appointments Thomas G. Kienbaum, Eileen Lappin Weiser, Lori McAllister and William J. Danhof have been appointed by the Michigan Supreme Court to serve as panelists on the Attorney Discipline...

Michigan Attorney Discipline Board Case Summaries: July 16, 2007.(List)
July 16, 2007... Byline: Michigan Lawyers Weekly Staff Final Notice Of Reprimand And Restitution With Condition Case No. 05-130-GA Notice Issued: June 29, 2007 Marvin Barnett, P 34033, Detroit, Michigan, by the Attorney Discipline Board,...

Michigan Court of Appeals Case Summaries: July 16, 2007.
July 16, 2007... Byline: Michigan Lawyers Weekly Staff Criminal Law Prosecutor - Disqualification Order Where an assistant prosecutor assumed a lead role in investigating the child-abuse allegations in this case and would probably be called to...

Opinion summary omitted frivolousness sanctions.(Letter to the editor)
July 23, 2007... Byline: Michigan Lawyers Weekly Staff To The Editor: The July 16 edition of Lawyers Weekly reviews the decision of the Michigan Court of Appeals in Bolke vs. McLaren Care Corporation, et al. It was correctly recited that the appellate...

Commentary: Out of luck?
July 23, 2007... Byline: Todd C. Berg, Esq. By waiting until 2007 to decide that a defective affidavit of merit does toll the statute of limitations, the Michigan Supreme Court denied more than a few medical-malpractice plaintiffs their days in court. ...

Michigan Court of Appeals says 'mistake of fact' could revoke legal father's rights.
July 23, 2007... Byline: Molly F. Dilbeck, Esq. While in the process of divorcing his wife, Richard A. Nugent began dating Amy Dyjak, who soon became pregnant. When the baby was born, Nugent signed an affidavit of parentage that acknowledged his paternity...

Michigan Court of Appeals says prosecutor deemed 'necessary witness' cannot try abuse case.
July 23, 2007... Byline: Melissa P. Stewart, Esq. Michigan Court of Appeals -- Criminal Law When Livingston County launched an investigation into claims of a father's alleged sexual abuse of his 12-year-old son, it did everything by the book. ...

Michigan Lawyers in the News: July 23, 2007.
July 23, 2007... Byline: Michigan Lawyers Weekly Staff Appointments Managing member of Lansing-based Hicks, Mullett & Gregg, PLLC, Jeffrey C. Hicks, has been appointed to the board of trustees of the Ingham Regional Healthcare Foundation. Hicks was...

Attorney Discipline Board Case Summaries: July 23, 2007.(Brief article)
July 23, 2007... Byline: Michigan Lawyers Weekly Staff Notice Of Automatic Reinstatement For Payment Of Costs Case No. 07-20-JC Notice Issued: July 17, 2007 A. Lawrence Russell, P 19776, Clarkston, Michigan. (Lawyers Weekly No. 12-63544 -...

Michigan Court Of Appeals Unpublished Civil Case Summaries: July 23, 2007.
July 23, 2007... Byline: Michigan Lawyers Weekly Staff Contract Installment Contract - Waiver Under MCL 440.2612(1), plaintiff waived any claim for breach of contract based on its acceptance of defendant's late installment payments. Late...

Michigan Court Of Appeals Unpublished Criminal Case Summaries: July 23, 2007.
July 23, 2007... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Child Abuse, First Degree. Expert Testimony. "Defendant argues that the trial court should not have qualified Gilmer-Hill as an expert on SBS because the theory is not...

Michigan Supreme Court Case Summaries: July 23, 2007.
July 23, 2007... Byline: Michigan Lawyers Weekly Staff Employment Respondeat Superior - Workplace Rape "[W]here an employee has no prior criminal record or history of violent behavior indicating a propensity to rape, an employer is not liable...

Michigan Supreme Court Orders: July 23, 2007.
July 23, 2007... Byline: Michigan Lawyers Weekly Staff Leave Granted Pontiac Fire Fighters Union Local 376 v. City of Pontiac. (Lawyers Weekly No. 06-63541) (1 pages). The parties shall include among the issues to be briefed: (1) whether the circuit...

U.S. Court of Appeals 6th Circuit Case Summaries: July 23, 2007.
July 23, 2007... Byline: Michigan Lawyers Weekly Staff Bankruptcy Chapter 7 - Unpaid ERISA Contributions A bankrupt employer who did not make required contributions to an employee pension fund can discharge the resulting debt in a Chapter 7...

Commentary: What does the future hold?
July 23, 2007... Byline: Debra A. Garlinghouse Premises Liability As any premises liability practitioner can tell you, beyond the traditional "slip and fall case," determining whether the open and obvious doctrine applies is not always an easy task....

Verdicts & Settlements July 23, 2007: No-cause verdict rendered in PIP case.
July 23, 2007... Byline: Michigan Lawyers Weekly Staff Plaintiff suffered a moderate-to-severe traumatic brain injury in July 1983 while minor residing with his parents. He claimed he was struck by a hit-and-run motor vehicle while riding his bike. He was...

Verdicts & Settlements July 23, 2007: Discrimination case nets $224K verdict.
July 23, 2007... Byline: Michigan Lawyers Weekly Staff Plaintiff Thomas Diaz is a Puerto-Rican Lieutenant with the Inkster Police Department. When the Inkster Police Department Chief retired Diaz applied for and was denied the chief's position in favor of...

Verdicts & Settlements July 30, 2007: On-the-job injury nets $317K settlement.
July 30, 2007... Byline: Michigan Lawyers Weekly Staff At the construction site for BayView Condominiums in Suttons Bay on January 31, 2005, cement contractor Americrete poured an upper level cement floor cap. Due to cold weather, the lower level needed to...

Verdicts & Settlements July 30, 2007: Rear-ended plaintiff receives $97K settlement.
July 30, 2007... Byline: Michigan Lawyers Weekly Staff This case arose out of an auto accident which occurred on June 14, 2005. The plaintiff, Michael Kowalske, who worked as a cable installer for Cable Enterprises, Inc, finished a job in the morning and...

How about 'insurance reform' for a change?(Letter to the editor)
July 30, 2007... Byline: Michigan Lawyers Weekly Staff To The Editor: Thank you for your recent article on the failure of "tort reform." ("Different directions," July 16, 2007.) As you know, this "fix" was touted as what was needed to assist...

Med-mal reform analysis did justice to both sides of debate.(Letter to the editor)
July 30, 2007... Byline: Michigan Lawyers Weekly Staff To The Editor: Absolutely spectacular story. ("Different directions," July 16, 2007) A very in-depth analysis, well thought out and well documented. I think this was a very even-handed...

Don't hate insurers because they make profits. Lawyers do, too.(Letter to the editor)
July 30, 2007... Byline: Michigan Lawyers Weekly Staff To The Editor: Overall, "Different directions," July 16, 2007, was a really interesting article. I enjoy this type of a follow-up on once-hotly-debated issues to see how they actually turned...

Michigan Supreme Court clears employer of liability in rape.
July 30, 2007... Byline: Melissa P. Stewart, Esq. MSC -- Employment Law In a decision that has stirred up controversy across the state, the Michigan Supreme Court recently cleared an employer of all liability for a rape carried out by one of its...

Employer's non-solicitation clause upheld as 'reasonable' by Michigan Court of Appeals.
July 30, 2007... Byline: Molly F. Dilbeck, Esq. COA -- Employment Law When Plante & Moran, PLLC decided to close the doors to its Gaylord office, its employees were left with two choices: Move to the new Traverse City office or quit. Three...

State Bar of Michigan changes appointment procedure for Character and Fitness Committee.
July 30, 2007... Byline: Todd C. Berg, Esq. Royal Oak attorney Albert J. Dib has changed how the State Bar of Michigan handles appointments to its Character and Fitness Committee. From here on out, it's "pending discipline" background checks for...

Michigan Lawyers in the News: July 30, 2007.
July 30, 2007... Byline: Michigan Lawyers Weekly Staff Appointments Tracy L. Allen, a partner in the Detroit office of Bodman LLP, has been appointed to the International Institute for Conflict Prevention & Resolution's panel of distinguished neutrals....

Michigan Court Of Appeals Case Summaries: July 30, 2007.
July 30, 2007... Byline: Michigan Lawyers Weekly Staff Civil Procedure Class Action - Certification Where the Michigan Supreme Court previously ruled that the trial court's denial of class certification in this case "was not clearly erroneous,"...

Michigan Court Of Appeals Unpublished Civil Case Summaries: July 30, 2007.
July 30, 2007... Byline: Michigan Lawyers Weekly Staff Civil Procedure Default - Damages The trial court correctly entered an order of default against defendants but a $250,000 default judgment must be set aside because plaintiff's complaint...

Michigan Court Of Appeals Unpublished Criminal Case Summaries: July 30, 2007.
July 30, 2007... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Assault With Intent To Murder. Evidence. Defendant "claims that the trial court improperly refused to admit expert-witness testimony that defendant did not have fully developed...

Michigan Supreme Court Case Summaries: July 30, 2007.
July 30, 2007... Byline: Michigan Lawyers Weekly Staff Constitutional Law Elections - Photo Identification MCL 168.523, which requires voters, before voting, to present photo identification or to sign an affidavit stating that they lack one, is...

U.S. Court of Appeals 6th Circuit Case Summaries: July 30, 2007.
July 30, 2007... Byline: Michigan Lawyers Weekly Staff Civil Procedure Rate Dispute - Remand Where the City of Warren, Michigan, sued the Detroit Water and Sewerage Department (DWSD) in state court over rates charged for DWSD's provision of water...

Marketing with authenticity.
July 30, 2007... Byline: Mark Powers In client development seminars and workshops I am often asked whether the most successful rainmakers are effective because of their personality and natural ability — or whether something else is at play. ...

Insurers are the 'winners' under med-mal reform.(Letter to the editor)
July 30, 2007... Byline: Michigan Lawyers Weekly Staff To The Editor: A "Thank You" to Michigan Lawyer's Weekly for its excellent fact based investigation into the relationship between physician malpractice rates and medical-malpractice filings in our...