Michigan Lawyers Weekly articles from June 2007

Michigan Lawyers Weekly archives from June 2007

Crack in the foundation: Problem with Michigan Court of Appeals' "no real guesswork" doctrine.
June 4, 2007... Byline: Todd C. Berg, Esq. There's a problem with the Michigan Court of Appeals' "no real guesswork" doctrine. And, it could spell trouble for Marva Tousey and Melissa Boodt by undermining their recent appellate victories. What's...

'Woodard' definition extends to residents, rules Michigan Court of Appeals.
June 4, 2007... Byline: Melissa P. Stewart, Esq. When Conde Gonzalez arrived at St. John Hospital with profuse bleeding stemming from complications to her colorectal surgery, third-year surgical resident Dr. Christopher N. Vashi and general surgeon Dr....

Spouse's auto insurance can't cover family, rules Michigan Court of Appeals.
June 4, 2007... Byline: Molly F. Dilbeck, Esq. Michigan Court of Appeals -- No-Fault Update Seth Dobbelaere II was killed after being ejected from a car owned by David Jones and driven by Jones' son, David Jones II. Because Jones' car was...

Michigan Lawyers in the News: June 4, 2007.
June 4, 2007... Byline: Michigan Lawyers Weekly Staff Elections Bree Popp Woodruff, an associate in the Lansing office of Miller, Canfield, Paddock and Stone, P.L.C., has been elected to a two-year term on the board of directors of the Michigan State...

Michigan Court of Appeals Case Summaries: June 4, 2007.
June 4, 2007... Byline: Michigan Lawyers Weekly Staff Negligence Sudden-Emergency Doctrine - Credibility Issues Where defendant-truck driver rear-ended another motorist and claimed he had blacked out just before the incident, the trial court...

Michigan Court Of Appeals (Unpublished Civil).
June 4, 2007... Byline: Michigan Lawyers Weekly Staff Civil Procedure Discovery Violation Acentsa[logical not]a Case Dismissed In this action alleging a violation of an employment agreement, the trial court did not err by granting defendants'...

Michigan Court of Appeals Unpublished Criminal Case Summaries: June 4, 2007.
June 4, 2007... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Assault With Intent To Murder. Bindover. "Even if the district court erroneously concluded that sufficient evidence was presented at the preliminary examination to bind...

Michigan Supreme Court Case Summaries: June 4, 2007.
June 4, 2007... Byline: Michigan Lawyers Weekly Staff Real Property Foreclosure - Due Process Where MCL 211.78k vests absolute title in a foreclosing governmental agency if a property owner does not redeem or appeal the foreclosure judgment...

U.S. Court of Appeals 6th Circuit Case Summaries: June 4, 2007.
June 4, 2007... Byline: Michigan Lawyers Weekly Staff Bankruptcy Involuntary Bankruptcy - Creditor Joinder We affirm the bankruptcy court's order, dismissing the amended involuntary bankruptcy petition based on the lack of a sufficient number of...

Commentary: Battleships and submarines: Navigating the treacherous waters of patent infringement.
June 4, 2007... Byline: David A. Burns and Preston H. Smirman Your client spends money (he would say lots of money) to protect his business domain thereby preventing any competitors from taking their domain away. He does this by filing a patent...

Michigan Court of Appeals Unpublished Civil Case Summaries: June 4, 2007.
June 4, 2007... Byline: Michigan Lawyers Weekly Staff Civil Procedure Res Judicata - Established We affirm the trial court's order, granting defendants in this contract action summary disposition based on res judicata. "On appeal, plaintiff...

Verdicts & Settlements June 11, 2007: Trip and fall plaintiff garners $636K.
June 11, 2007... Byline: Michigan Lawyers Weekly Staff The Plaintiff, a 63-year-old business invitee, went to the Defendant's business to obtain information about the purchase of an above-ground swimming pool. In the parking lot, there were a number of...

Plaintiff cannot sue for med-mal in Mich. without affidavit from doctor attesting to merit of claim.
June 11, 2007... Byline: Todd C. Berg, Esq. Michigan Supreme Court When the most technical of technicalities cost Sue Apsey her day in court, initially, no one cared. It was just another medical-malpractice plaintiff getting dismissed at summary...

Ann Arbor Charter Township 's denial of variance equates to religious discrimination.
June 11, 2007... Byline: Melissa P. Stewart, Esq. Michigan Court of Appeals -- Real Property After successfully running a daycare center at Domino's Farms Office Park, Shepherd Montessori Center Milan (Shepherd) wanted to expand its onsite program to...

Michigan Court of Appeals: Future of 'traveling employee' doctrine in doubt.
June 11, 2007... Byline: Molly F. Dilbeck, Esq. Michigan Court of Appeals -- Workers' Compensation Is there a traveling employee doctrine in the state of Michigan? Maybe, maybe not. In 1997, the Michigan Court of Appeals decided Eversman v....

Michigan Lawyers in the News: June 11, 2007.
June 11, 2007... Byline: Michigan Lawyers Weekly Staff Appointments Dickinson Wright PLLC member Peter H. Webster has been appointed chairperson of the Oakland County Brownfield Redevelopment Authority. Derek S. Witte, an associate with Miller...

Michigan Court of Appeals Case Summaries: June 11, 2007.
June 11, 2007... Byline: Michigan Lawyers Weekly Staff Criminal Law CSC I - No Confrontation Clause Violation Admission of the victim's statements to two individuals made in response to their questions after the victim said she had been raped did...

Michigan Court of Appeals Unpublished Civil Case Summaries: June 11, 2007.
June 11, 2007... Byline: Michigan Lawyers Weekly Staff Civil Procedure Default Judgment - Notice The trial court properly refused to set aside a default and a default judgment of $125,152.25 against defendant in this premises liability case after...

Michigan Court of Appeals Unpublished Criminal Case Summaries: June 11, 2007.
June 11, 2007... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery. Effective Assistance. "We hold that defendant was not denied the effective assistance of counsel. First, defense counsel filed her discovery request well within...

Michigan Supreme Court Case Summaries: June 11, 2007.
June 11, 2007... Byline: Michigan Lawyers Weekly Staff Medical Malpractice Affidavit Of Merit - Substantive And Impeachment Evidence The trial court in this medical malpractice case did not err by admitting plaintiff's three experts' affidavits of...

U.S. Court of Appeals 6th Circuit Case Summaries: June 11, 2007.
June 11, 2007... Byline: Michigan Lawyers Weekly Staff Bankruptcy Security Interest - Unsecured Debt Because we agree with the trustee in this Chapter 13 case that the security interest in the mortgages on the debtor's property is a...

Commentary: Which cases are most suitable for court-ordered mediation?
June 11, 2007... Byline: Richard Morley Barron The very essence of mediation is voluntariness. It may, thus, appear inconsistent and inappropriate to ever consider judicially forcing litigants to participate in a process such as mediation that is radically...

Verdicts & Settlements June 11, 2007: Plaintiff's partition claim nets $104,710.
June 11, 2007... Byline: Michigan Lawyers Weekly Staff Plaintiff and Defendant were live-in companions for 12 years, during which time they accumulated real estate, automobiles, personal property, and investment and retirement assets. The parties separated...

Verdicts & Settlements June 11, 2007: Auto-negligence case settles for $200K.
June 11, 2007... Byline: Michigan Lawyers Weekly Staff On January 20, 2004, Plaintiff was returning home from work and traveling on westbound Big Beaver Road. After passing Crooks Road, she entered the turnaround so to proceed eastbound on Bog Beaver Road...

Michigan Attorney Discipline Board Case Summaries: June 18, 2007.
June 18, 2007... Byline: Michigan Lawyers Weekly Staff Misconduct Obstructing Depositions - Reprimand Where the lower tribunals found that "respondent deliberately engaged in a pattern of obstructing depositions by using insulting and demeaning...

Michigan Court of Appeals Case Summaries: June 18, 2007.
June 18, 2007... Byline: Michigan Lawyers Weekly Staff Administrative Law Smoking Restriction - Authority Of Local Health Dep't A multi-county district health department (NMCHA) has the authority to promulgate smoking-restriction regulations that...

Michigan Court of Appeals Unpublished Civil Case Summaries: June 18, 2007.
June 18, 2007... Byline: Michigan Lawyers Weekly Staff Contract Settlement Agreement - No Declaratory Judgment In this action involving the Master Settlement Agreement between participating manufacturers in the tobacco industry -- who, in return...

Michigan Court of Appeals Unpublished Criminal Case Summaries: June 18, 2007.
June 18, 2007... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery. Sufficient Evidence. "The credibility of identification testimony is a question for the trier of fact that this Court does not resolve anew.... In this case,...

Michigan Supreme Court Case Summaries: June 18, 2007.
June 18, 2007... Byline: Michigan Lawyers Weekly Staff Consumer Law Michigan Consumer Protection Act - Residential Builders Where the Michigan Consumer Protection Act (MCPA) exempts any "transaction or conduct specifically authorized under laws...

Michigan Supreme Court Orders: June 18, 2007.
June 18, 2007... Byline: Michigan Lawyers Weekly Staff Judgment Affirmed Municipal Employees Retirement Systems v. Charter Twp Of Delta. (Lawyers Weekly No. 06-63166) (4 pages). Public pension fund; taxation of real estate. Dissenting statement by...

U.S. Court of Appeals 6th Circuit Case Summaries: June 18, 2007.
June 18, 2007... Byline: Michigan Lawyers Weekly Staff Bankruptcy Chapter 7 - Student Loans A Chapter 7 debtor whose student loan was discharged based on "undue hardship" caused by a medical condition was not required to corroborate his claim with...

Michigan Supreme Court rules homebuilders exempted from Michigan Consumer Protection Act.(Lewiston-Richards, Inc.)
June 18, 2007... Byline: Melissa P. Stewart, Esq. Michigan Supreme Court -- Consumer Law In an economic climate in which residential homebuilders face declining profits and increasing foreclosures, it seems the industry will have one less obstacle to...

Michigan Court of Appeals: A case with personality.
June 18, 2007... Byline: Todd C. Berg, Esq. Michigan Court of Appeals -- Med-mal update To reach a conclusion that makes all the sense in the world, the Michigan Court of Appeals had to distinguish, discredit, and, ultimately, contradict two of its own...

Unique facts lead Michigan COA to uphold grandparenting time statute.(Court of Appeals)
June 18, 2007... Byline: Molly F. Dilbeck, Esq. Michigan Court of Appeals -- Family Law The best interests of a child, or a rock and a hard place? That is the question left in the wake of the Michigan Court of Appeals' recent decision in Keenan v....

Michigan Lawyers in the News: June 18, 2007.
June 18, 2007... Byline: Michigan Lawyers Weekly Staff Appointments Okemos attorney Lauren A. Chappelle has been appointed to the Board of Commissioners for the State Bar of Michigan. John M. Dempsey has been appointed to the Michigan Historical...

Commentary: In-house counsel must ensure compliance with the litigation hold.
June 18, 2007... Byline: David M. Cogliano Over the last decade, the explosion of electronic communication and the corresponding developments in the law have significantly increased the burdens on counsel to ensure their client is meeting the new...

Verdicts & Settlements June 18, 2007: No-cause verdict rendered in motor vehicle accident.(Brief article)
June 18, 2007... Byline: Michigan Lawyers Weekly Staff The plaintiff was involved in a motor vehicle accident. The defendant paid personal protection insurance benefits for medical bills and wage loss, but then suspended them when medical treatment appeared...

Verdicts & Settlements June 18, 2007: Med-mal claim nets $110K settlement.(medical malpractice)
June 18, 2007... Byline: Michigan Lawyers Weekly Staff The plaintiff claimed the defendant -- who was her primary care physician -- committed medical malpractice. The plaintiff alleged that the defendant acted below the standard of care by failing to...

Verdicts & Settlements June 18, 2007: Collision garners $65K settlement.(Brief article)
June 18, 2007... Byline: Michigan Lawyers Weekly Staff An elderly woman turned left directly in front of the plaintiff, who was riding a motorcycle. The plaintiff injured his back. The MRI of his neck showed a couple of herniated discs; however, doctors...

You've lost your balance, MLW.(Letter to the editor)
June 25, 2007... Byline: Michigan Lawyers Weekly Staff To The Editor: I have never seen such a defense-slanted, anti-plaintiff article in your paper as "Judge Trumps Jury, Removes Damages Cap," May 21, 2007. I found it very interesting that your paper...

Story strained 'credulity'.(Letter to the editor)
June 25, 2007... Byline: Michigan Lawyers Weekly Staff To The Editor: I am writing in response to your article, "Crack in the foundation," June 4, 2007, wherein you commented on the Michigan Court of Appeals decisions in Tousey v. Brennan, et al., and...

Commentary: 'Let's do the time warp again!'.
June 25, 2007... Byline: Todd C. Berg, Esq. Tort reform analysis After 20 years of legal reforms, whose purpose was to put Michigan on the proverbial economic map, here's where the state's at: It's struggling to fill the $1.9 billion budget hole...

Michigan Court of Appeals -- No-fault update: Mixing business with medicine.
June 25, 2007... Byline: Molly F. Dilbeck, Esq. Michigan Court of Appeals -- No-fault update In 2006, the Michigan Court of Appeals dealt with three cases involving insurance carriers' claims that improperly incorporated healthcare facilities were not...

Detroit attorneys believe in working together.
June 25, 2007... Byline: Melissa P. Stewart, Esq. Managing your practice With the number of appeals on the rise, it seems that trial verdicts have begun to signal the intermission -- rather than the grand finale -- of a case. Given the trend, one...

Michigan Lawyers in the News: June 25, 2007.
June 25, 2007... Byline: Michigan Lawyers Weekly Staff Elections Detroit lawyer Michael Nowlan has been elected chapter chair of the Michigan Chapter of the American Immigration Lawyers Association for the 2007-08 term. Nowlan is a member of Clark...

Michigan Attorney Discipline Board Case Summaries: June 25, 2007.
June 25, 2007... Byline: Michigan Lawyers Weekly Staff Notice Of Automatic Reinstatement Case No. 05-53-GA Notice Issued: June 12, 2007 Jefferey A. Slocombe, P 44704, Suttons Bay, Michigan. (Lawyers Weekly No. 12-63303 - 1 page). ...

Michigan Court of Appeals Case Summaries: June 25, 2007.
June 25, 2007... Byline: Michigan Lawyers Weekly Staff Public Utilities Telecommunications - Repair Charges The Michigan Public Service Commission cannot prohibit charges to telephone service customers "attributable to a correct determination by...

Michigan Court of Appeals Unpublished Civil Case Summaries: June 25, 2007.
June 25, 2007... Byline: Michigan Lawyers Weekly Staff Civil Procedure Incorrect Name - Successful Service Where plaintiff properly served defendant under an incorrect name -- Haughton Elevator Company changed its name to Schindler Elevator...

Michigan Court of Appeals Unpublished Criminal Case Summaries: June 25, 2007.
June 25, 2007... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery; Home Invasion, First Degree; Felonious Assault. Sufficient Evidence. "Regarding his armed robbery conviction, defendant contends that the evidence did not...

U.S. Court of Appeals 6th Circuit Case Summaries: June 25, 2007.
June 25, 2007... Byline: Michigan Lawyers Weekly Staff Bankruptcy Corporation Debt - No Personal Liability We affirm the bankruptcy court's judgment that Robert R. Fox (debtor) was not personally liable for the debt owed to Cash America Financial...

'No sue' contracts spark debate.(medical malpractice insurance)
June 25, 2007... Byline: Dick Dahl A group of New Jersey ob-gyns has begun asking prospective patients to sign away their right to a jury trial, touching off a debate about the enforceability of the waivers. Citing the high cost of medical malpractice...

Verdicts & Settlements June 25, 2007: No-cause rendered in wrongful death claim.
June 25, 2007... Byline: Michigan Lawyers Weekly Staff Sixty-three-year-old Jo Ellen Galloway died in a house fire on April 4, 2002. Her daughter, Sherrill Galloway (age 38), and her granddaughter, Carmen Galloway (age 5), were seriously injured. The...

Verdicts & Settlements June 25, 2007: First Amendment claim nets $675K verdict.
June 25, 2007... Byline: Michigan Lawyers Weekly Staff A U.S. District Court jury awarded a former tow truck company owner and her daughter $678,572.00 in a USC Sect. 1983 First Amendment case against Vienna Township and its supervisor, Anthony McKerchie....

Verdicts & Settlements June 25, 2007: Breach of contract claim garners $1.1M award.
June 25, 2007... Byline: Michigan Lawyers Weekly Staff Claimant Symyx Technologies, Inc. -- a high-tech company based in Silicon Valley, California -- initiated this arbitration against respondent Stargate Mobile, LLC -- whose headquarters area in Grand...