Michigan Lawyers Weekly articles from July 2008

Michigan Lawyers Weekly archives from July 2008

'Substantive' ruling: Michigan Supreme Court - 'rule-making' analysis.
July 14, 2008... Byline: Todd C. Berg, Esq. The Michigan Supreme Court has exceeded its constitutional rule-making authority. In Stokes v. Chrysler Corporation, a four-justice majority imposed five new proof requirements on workers' compensation...

Statutory overhaul.(Michigan's disability-based workers' compensation benefits)
July 14, 2008... Byline: Todd C. Berg, Esq. In Stokes v. Chrysler Corporation, the Michigan Supreme Court did what it has instructed other courts not to do, overruled other courts for doing, and refused to do itself: It added words to a statute. ...

Step by step: Michigan Supreme Court - workers' compensation.
July 14, 2008... Byline: Todd C. Berg, Esq. The Michigan Supreme Court wants everyone to be on the same page when it comes to proving, challenging and judging workers' compensation "disability" claims. As such, in Stokes v. Chrysler Corporation, the...

Quite a 'discovery'.(workers' disability compensation)(Michigan)
July 14, 2008... Byline: Todd C. Berg, Esq. Michigan Supreme Court Justices Stephen J. Markman and Michael F. Cavanagh are reading words into the Workers' Disability Compensation Act (WDCA). "Pursuant to MCL 418.851 and MCL 418.853 [of the WDCA], [a]...

'I'd like my expert to take a look': Michigan Supreme Court - workers' compensation.
July 14, 2008... Byline: Todd C. Berg, Esq. Chrysler Corporation is going to get its wish. With the Michigan Supreme Court's clarification of what an employer's right of discovery entails in workers' compensation proceedings, Chrysler will get to have...

Michigan Supreme Court shoots down 'burden of proof-shifting' in workers' comp cases.
July 14, 2008... Byline: Todd C. Berg, Esq. Fredie Stokes has work to do. And, ironically, it involves proving there's no work for him to do. After wining an open award of workers' compensation benefits for a work-related spinal injury, and, then,...

Will Michigan courts be open to suits alleging Heparin-related injuries?
July 14, 2008... Byline: Melissa P. Stewart, Esq. Mass Torts - Analysis When the Food and Drug Administration (FDA) declared Vioxx unsafe, and its manufacturers pulled it from pharmacy shelves, Michigan residents harmed by the drug were left without...

Practice profile: Oakland County Assistant Prosecuting Attorney is a 'proven protector'.(Lisa O. Gorcyca)(Interview)
July 14, 2008... Byline: Melissa P. Stewart, Esq. Practice Profile Oakland County Assistant Prosecuting Attorney Lisa O. Gorcyca has a reputation for never having lost a case. While she says that's not exactly accurate, Gorcyca has developed the...

Bankruptcy judges in Michigan struggle to handle record number of filings.
July 14, 2008... Byline: Natalie Lombardo U.S. Bankruptcy Court, Eastern District of Michigan It's no surprise that Michigan's recession, staggering unemployment rate and continuous foreclosures have caused a barrage of bankruptcy filings of late. ...

Commentary: as workload increases, shouldn't the fees? Yes.(Michigan)
July 14, 2008... Byline: Ed Poll All the scare stories about recession in the daily news should not divert our attention from the fact that there is still more than enough work for good lawyers to do. In fact, sole practitioners who have effectively...

Commentary: measuring MSC 'productivity' involves many factors.(Michigan Supreme Court)
July 14, 2008... Byline: Mary Massaron Ross, Esq. Congratulations to Michigan Lawyers Weekly for publishing an article pointing out that recent attacks on the Michigan Supreme Court based on a University of Chicago study were misleading. ("Which court?"...

'Reform' group wants to downsize Michigan Supreme Court.(Reform Michigan Government Now)(Brief article)
July 21, 2008... Byline: Michigan Lawyers Weekly Staff The group Reform Michigan Government Now (RMGN) wants voters to amend the constitution to shrink the Michigan Supreme Court from seven to five justices. As such, RMGN has gathered nearly 500,000...

Fewer Michigan Supreme Court justices to do more work.(Reform Michigan Government Now)
July 21, 2008... Byline: Todd C. Berg, Esq. The proposal to shrink the Michigan Supreme Court from seven to five justices is supported by neither the most current nor the most complete filing trend information. Instead, it's based on information that...

Michigan Supreme Court: De facto recall?
July 21, 2008... Byline: Todd C. Berg, Esq. There's only one way to constitutionally throw a Michigan Supreme Court justice off the bench before his or her term has expired. And, the proposal to reduce the Supreme Court from seven to five justices,...

Neither rhyme, nor reason as to which Michigan Supreme Court justices might be cut.
July 21, 2008... Byline: Todd C. Berg, Esq. Michigan Supreme Court Justices Robert P. Young Jr. and Stephen J. Markman must be furious. Not only are their jobs in jeopardy because of a likely November ballot proposal to amend the constitution and...

Nothing magic about five justices for Michigan Supreme Court.
July 21, 2008... Byline: Todd C. Berg, Esq. The only reason that's been offered for why the Michigan Supreme Court should have five justices rather than the seven justices it's had for 39 years is inaccurate. The idea, as told to Michigan Lawyers...

Kent County jury awards multimillion-dollar verdict against doctor.
July 21, 2008... Byline: Melissa P. Stewart, Esq. Verdicts and Settlements Plus An alcohol swab is all that stood between Betty Geldersma and paralysis. At least, that's what a Kent County jury decided when it awarded a multimillion-dollar verdict...

Jules B. Olsman, Berkley attorney: 'Pick on someone your own age'.
July 21, 2008... Byline: Natalie Lombardo Practice Profile When Jules B. Olsman is asked why he dedicates his life's work to making the world a kinder place for the elderly, he refers to a quote by former Vice President Hubert H. Humphrey. "'The...

Berkley attorney Jules B. Olsman: Step up to the plate.
July 21, 2008... Byline: Natalie Lombardo Emerging Trends Jules B. Olsman says that because law enforcement doesn't have the resources to prosecute each and every financial crime against the elderly, it's up to private counsel to pursue such cases...

Home sweet firm: Married couple starts Michigan law firm.(Maxine Graff Goodman and Neil H. Goodman of The Goodman Law Group, P.C.)
July 21, 2008... Byline: Douglas J. Levy Practice Profile On Maxine Graff Goodman and Neil H. Goodman's wedding day, the best man made a prediction that, one day, the two newlywed lawyers would be practicing together. Now, after nearly 30 years of...

Michigan Lawyers in the News: July 21, 2008.
July 21, 2008... Byline: Michigan Lawyers Weekly Staff Appointments Eric M. Mathis of Butzel Long has been appointed to the Wolverine Bar Association Board of Directors. David S. Mittleman of ChurchWyble, PC has been appointed chair of the...

Michigan Attorney Discipline Board Case Summaries: July 21, 2008.
July 21, 2008... Byline: Michigan Lawyers Weekly Staff Notice Of Automatic Reinstatement Case No. 07-108-GA Notice Issued: July 14, 2008 Gary D. Hunley, P 30132, Taylor, Michigan. Effective July 11, 2008 Respondent was suspended from...

Michigan Court Of Appeals Case Summaries: July 21, 2008.
July 21, 2008... Byline: Michigan Lawyers Weekly Staff Legal Malpractice Statute Of Limitations Discontinuation Of Services The trial court correctly determined that the statute of limitations barred a legal malpractice suit based on the date the...

Michigan Court Of Appeals Unpublished Civil Case Summaries: July 21, 2008.
July 21, 2008... Byline: Michigan Lawyers Weekly Staff Contract Negligence Claim - No Torts Where plaintiff-bond provider sued to recover the cost of completing a construction project for a company to which it provided a performance bond,...

Michigan Court Of Appeals Unpublished Criminal Case Summaries: July 21, 2008.
July 21, 2008... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery; Habitual Offender, Second Offense. Confession. "Defendant first argues that his confession was involuntary because the interrogation lasted for more than five...

Michigan Supreme Court Case Summaries: July 21, 2008.
July 21, 2008... Byline: Michigan Lawyers Weekly Staff Civil Procedure Venue 'Original Injury' For purposes of determining venue under MCL 600.1629(1)(a) and (b), "the location of the original injury is where the first actual injury occurs that...

U.S. Court of Appeals 6th Circuit Case Summaries: July 21, 2008.
July 21, 2008... Byline: Michigan Lawyers Weekly Staff Business Law Government Contracts - False Claims Act The federal district court correctly dismissed a qui tam action under the False Claims Act because the fraud pleadings were insufficient,...

Commentary: The 'PRICE' is right.(professional liability insurance )
July 21, 2008... Byline: David Kramer If you have the task of handling the professional liability insurance for your law firm, you are accustomed to calls, mailings and advertisements promising to save your firm money on your professional liability...

Commentary: Life insurance can work for client's asset protection planning.
July 21, 2008... Byline: Bradley K. Feldman and Robert M. Heinrich A key roll for all business attorneys is assisting their clients in protecting the client's personal and business assets from the claims of potential creditors. In the majority of cases,...

Make no mistake - time is of the essence in reporting error to insurer.
July 21, 2008... Byline: William C. Saturley and Joseph S. Callanan When should you should notify your professional liability insurer if you make an error in a client's matter? The duty to report a claim is found in your insurance contract. Liability...

Good planning crucial when navigating the 'red zone'.
July 21, 2008... Byline: Ed Poll Karen Mathis, immediate past chair of the American Bar Association, focused her term on developing a new awareness in the legal profession on the implications of the aging population. She said recently that 400,000 lawyers...

Verdicts & Settlements July 21, 2008: Post-accident pain, suffering is disproved.
July 21, 2008... Byline: Michigan Lawyers Weekly Staff On Dec. 4, 2003, plaintiff Irma Archie-El was involved in a four-car chain collision that defendant Patricia Foss admitted causing because of negligence. Archie-El was driving the last vehicle in the...

Verdicts & Settlements July 21, 2008: Residency a sticking point in collision case.(Brief article)
July 21, 2008... Byline: Michigan Lawyers Weekly Staff The plaintiff was 19 years old at the time of his accident on Sept. 4, 2005, in Little Rock, Ark., where he was driving an uninsured automobile that was owned by his brother. There was some evidence...

Verdicts & Settlements July 21, 2008: Rear-ended driver suffers left-sided weakness.(Brief article)
July 21, 2008... Byline: Michigan Lawyers Weekly Staff The plaintiff, a truck driver, was rear-ended by another semi-trailer at the intersection of Van Dyke and Ebeling in Romeo. He was treated for neck and back complaints in the E.R. and took physical...

Commentary: 'Reform' proposal requires careful scrutiny.
July 21, 2008... Byline: Michigan Lawyers Weekly Staff From The State Bar of Michigan Appellate Practice Section The State Bar of Michigan Appellate Practice Section has a limited and specifically focused interest in the ballot initiative sponsored by...

Commentary: Ballot initiative threatens MSC's invaluable diversity of thought, experience.(Michigan Supreme Court)
July 21, 2008... Byline: Mary Massaron Ross, Esq. A reduction in the number of Michigan Supreme Court justices, as advocated by Reform Michigan Government Now's (RMGN) ballot proposal, will have grave consequences for the court. It can be expected to...

Reform Michigan Govt. Now group would 'upsize' state's trial court judiciary.(Brief article)
July 28, 2008... Byline: Michigan Lawyers Weekly Staff Reform Michigan Government Now (RMGN) wants voters to amend Michigan's Constitution to add 10 circuit court judges to the 222 that are already presiding over circuits throughout the state. And, in...

Study: Michigan indigent defense unconstitutional.
July 28, 2008... Byline: Natalie Lombardo Gideon v. Wainwright a 1963 U.S. Supreme Court holding that says it's the states' responsibility to provide funding for indigent defense attorneys declared it "an obvious truth that defense attorneys are...

Reform Michigan Government Now: More judges to do less work.
July 28, 2008... Byline: Todd C. Berg, Esq. Reform Michigan Government Now's (RMGN) proposal to amend the constitution to add 10 circuit court judgeships ignores pertinent filing trend information. For instance, even though statewide circuit court...

6th U.S. Circuit Court of Appeals Judge Raymond M. Kethledge: Ready for the robe.
July 28, 2008... Byline: Douglas J. Levy 6th U.S. Circuit Court bof Appeals Although he's only been a judge for the 6th U.S. Circuit Court of Appeals for about a month, Raymond M. Kethledge is already making an impression. The 41-year-old is among...

Michael J. Burke: Rebuilding after going bust.
July 28, 2008... Byline: Douglas J. Levy At 62, Michael J. Burke is hoping to become a lawyer before he dies. Never mind the fact that he was one for 26 years. Or that his entire life was spent among lawyers, having grown up in a family of them....

Reform Michigan Government Now: Ten elections.
July 28, 2008... Byline: Todd C. Berg, Esq. There's been talk that, if Reform Michigan Government Now's (RMGN) proposal to "add" 10 circuit court judgeships to Michigan's trial bench were to pass, Democratic Gov. Jennifer M. Granholm would get to appoint...

Reform Michigan Government Now proposal: Not an exact science.
July 28, 2008... Byline: Todd C. Berg, Esq. Reform Michigan Government Now's (RMGN) proposal to amend the constitution to add 10 new circuit court judgeships highlights a truism about judicial resources allocation analysis. There's nothing simple and...

Saginaw County jury: Controversial biopsy linked to patient's death.
July 28, 2008... Byline: Melissa P. Stewart, Esq. Verdicts and Settlements Plus A Saginaw County jury recently bucked the norm by awarding a $1.8 million medical-malpractice verdict against a prominent area surgeon. The unusual outcome stemmed from...

Part-time partner: Susan Hartmus Hiser, Bingham Farms labor and employment attorney.
July 28, 2008... Byline: Natalie Lombardo Practice Profile They say you can't have it all, but don't tell Susan Hartmus Hiser that. She's defied the "conventional wisdom" by becoming a partner in a 15-attorney law firm while simultaneously...

When posting to social network, be sure to use 'sharer' discretion.
July 28, 2008... Byline: Ed Poll LawBiz Coach's Corner Social networking Internet sites, such as Facebook and LinkedIn, are built so that participants share information about themselves with a widening network of contacts. Facebook and LinkedIn are, of...