Michigan Lawyers Weekly articles from June 2009

Michigan Lawyers Weekly archives from June 2009

Commentary: legislation makes home loan modification easier.
June 8, 2009... Byline: W. Anthony Jenkins, Esq. The volume and incidence of mortgage foreclosures across the country during the past few years is unprecedented. Foreclosures have brought about heightened attention to the crisis in the form of federal...

Commentary: legislature calls for lender/borrower meetings: should slow foreclosures.(Michigan)
June 8, 2009... Byline: Jeffrey D. Weisserman, Esq. Focus on Real Estate On May 21, 2009, Gov. Jennifer M. Granholm signed Public Acts 29-31, which amended Michigan's Foreclosure by Advertisement statute and made significant changes to the Michigan...

Commentary: what you don't know about tax credits can cost your clients.(Michigan)
June 8, 2009... Byline: Jennifer E. Nichols, Esq. Focus on Real Estate While commercial and residential development projects in Michigan have slowed substantially over the past two years, deals are still being done. Real estate attorneys should...

Commentary: number of options available for helping clients dispose of surplus retail property.(Michigan)
June 8, 2009... Byline: James Bruinsma, Robert A. LaBelle, C. Kim Shierk By James R. Bruinsma, Esq., Robert A. LaBelle, Esq., and C. Kim Shierk, Esq. Focus on Real Estate Businesses that lease their outlets have recently seen their inventories of...

The time is right to buy a practice.(Michigan)
June 8, 2009... Byline: Sylvia Hsieh, Esq. Business of Law If there is one silver lining to the economic downturn it's that lawyers in the market to buy a firm are facing one of the best markets in perhaps a generation. "It's a buyer's market,...

Leaving firm, lawyer wise to do full accounting.
June 8, 2009... Byline: Ed Poll LawBiz Coach's Corner With law firm layoffs and terminations climbing, the troubling requirements that are part of the departure scenarios have become all too familiar - for example, making sure that the departing...

Tied to the train track: property owners in Michigan sue government for taking their land.
June 8, 2009... Byline: Carol Lundberg Focus on Real Estate A couple is suing the United States, claiming they should be compensated for the taking of an abandoned rail corridor which runs through their rural Michigan property. Mark (Thor) Hearne...

Legislator in Michigan seeks relief for auto-related constituents.
June 8, 2009... Byline: Carol Lundberg Government The State House of Representatives Judiciary Committee is expected to discuss asking their Washington counterparts to relax antitrust laws for automotive suppliers, in order to save the industry as it...

Felons with guns in Michigan have new defense.
June 8, 2009... Byline: Todd C. Berg, Esq. Criminal Law - Analysis The Michigan Court of Appeals has ruled that a criminal defendant may raise a "I had to do it" defense in response to charges that he or she - as a convicted felon - unlawfully...

Navigating a tough market: job seekers in Michigan must adapt, keep lines of communication open.
June 8, 2009... Byline: Gary Gosselin Business of Law The job market, like the economy is in upheaval, and lawyers are not immune. Whether it's a firm reallocating resources, downsizing or going out of business, there is churn of one type or...

A good government job: Michigan lawyer makes a practice of working in political relations.
June 8, 2009... Byline: Carol Lundberg Practice Profile On the first day attorney Daniel J. Cherrin woke and didn't have to be in Detroit at any particular time, his phone only rang a couple of times - once when his mother called, and once when his...

Michigan Court of Appeals rules no tort liability for title insurers, agents.
June 8, 2009... Byline: Todd C. Berg, Esq. Michigan Court of Appeals - Analysis The Michigan Court of Appeals has ruled that neither title insurers nor title agents are subject to tort liability, even if they fail to uncover information an insured...

Uncovering the cover-up: Flint attorney goes against alma mater after e-mail chain exposes reverse-d.(Michigan)
June 8, 2009... Byline: Douglas J. Levy Verdicts & Settlements Plus Tom R. Pabst was piecing together e-mails obtained through discovery for an Elliott-Larsen Civil Rights Act claim he was handling, when he came across the one he refers to as "the...

Michigan Supreme Court recusal rule may not be constitutional.
June 15, 2009... Byline: Todd C. Berg, Esq. Michigan Supreme Court -- Analysis The U.S. Supreme Court has likely ended the Michigan Supreme Court's 172-year-old practice of allowing justices to decide for themselves whether to grant or deny motions...

Families in Michigan are forced to make tough decisions to care for the elderly.
June 15, 2009... Byline: Carol Lundberg Elder Law The things that senior citizens used to count on to sustain themselves in their golden years -- investments, pensions and home equity -- have been decimated by the economy. As a result, elder law...

Property owner in Michigan reaches settlement with principal title company.
June 15, 2009... Byline: Douglas J. Levy Verdicts & Settlements Plus After two title agents bilked a property owner by using a fraudulent deed to sell off 42 single-family homes, Gerard V. Mantese knew who would be made to pay. The Troy-based...

Nothing to lose.(personal injury lawsuit funding)(Michigan)
June 15, 2009... Byline: Carol Lundberg Business of Law Economic pressure on personal injury plaintiffs pushes them to consider too early in a case what was once considered a last-resort option: obtaining lawsuit funding. While the cash can be a...

Commentary: new tax appeal scheduling will provide relief soon.(Michigan)
June 15, 2009... Byline: David E. Nykanen, Esq. Real Estate At least once a week, when I am discussing the status of a tax appeal with a client, a certain question is asked: "Why is this taking so long?" The answers to that question are many. ...

Life might be unfair, but layoffs need not be.
June 15, 2009... Byline: Ed Poll LawBiz Coach's Corner Law firms are not exempt from the legal requirements to operate a workplace free from discrimination. That means ensuring that characteristics other than an individual's skills, experience and...

Search engines besides Google? Who knew?
June 15, 2009... Byline: Sarah Rodriguez Technology There's a big case coming up tomorrow. But you misplaced your expert's number. You need directions to a courthouse several counties away. And a colleague mentioned something about a similar case. You...

Transition from big to small firm requires entrepreneurialism.
June 22, 2009... Byline: Ed Poll LawBiz Coach's Corner Recently, I speculated about a trend that anecdotal evidence says is growing but one for which there is not yet solid statistical proof: lawyers who are starting solo practices after either being...

On the air.(lawyers podcasts)
June 22, 2009... Byline: Justin Rebello Technology The popularity of podcasts has been skyrocketing in legal circles, allowing attorneys a new outlet to spread news and opinion. And with a rise in potential clients who listen to podcasts on their...

Finding the right person for the right job.(Michigan)
June 22, 2009... Byline: Cheryl J. Leone and David W. Favor Managing Your Practice You can't hire the right person unless you are hiring the right person for the right job. We all have those valuable lessons that are wake-up calls. There was a...

Health care audits to start in earnest.
June 22, 2009... Byline: Carol Lundberg Medicaid & Medicare With billions of dollars at stake, government contractors are going after hospitals and health care providers, who they say have been overpaid. So far, more than $1.03 billion has been...

Michigan Supreme Court: ruling may ease proof of no-fault causation.
June 22, 2009... Byline: Todd C. Berg, Esq. Michigan Supreme Court -- Analysis The Michigan Supreme Court has allowed a Michigan Court of Appeals ruling to stand, which requires no-fault insurers to pay PIP benefits whenever an insured can show "almost...

ERISA attorneys say anti-alienation provision compromised by Michigan Court of Appeals decision.
June 22, 2009... Byline: Douglas J. Levy Michigan Court of Appeals -- Analysis A recent Michigan Court of Appeals decision has many Michigan attorneys specializing in the Employment Retirement Income Security Act of 1974 (ERISA) crying foul, saying it...

State of Michigan considers funding indigent defense, but details may take some time.
June 22, 2009... Byline: Carol Lundberg Laura Sager knows the state is facing a budget crisis, and a state-funded criminal defense system may not be politically popular. But she's hopeful, even confident, that change is coming and that Michigan will...

Confrontation clause rule in Michigan poses challenge.
June 22, 2009... Byline: Todd C. Berg, Esq. Michigan Supreme Court -- Analysis If a shooting victim dies before being cross-examined about his statements implicating an alleged assailant, then, under a recent Michigan Supreme Court ruling, the criminal...

Questions swirl around whether 'new' Chrysler Group LLC's responsible for 'old,' group's liabilities.
June 22, 2009... Byline: Gary Gosselin Does the "new" Chrysler Group LLC have responsibility for liabilities incurred under the old, bankrupt Chrysler LLC? Depending on which liability and who you ask, the answer is yes, no, and maybe. No, the...

Commentary: 'Caperton' was about recusal standards, not decision maker.(Michigan)
June 22, 2009... Byline: Timothy A. Baughman, Esq. Viewpoint In a June 15, 2009, story entitled "MSC recusal rule may not be constitutional," Michigan Lawyers Weekly said that "The U.S. Supreme Court has likely ended the Michigan Supreme Court's...

To prosper in new economy, partner with your clients.
June 29, 2009... Byline: Ed Poll Recently I heard a law firm staff person describe a senior partner as "a carriage builder in an automobile world." The phrase connoted a craftsman who puts time and effort into creating a quality product, but who is...

New Trust Code's architect relishes counselor role.
June 29, 2009... Byline: Douglas J. Levy Estate and trust attorney Mark K. Harder celebrated five-plus years of hard work in drafting the new Michigan Trust Code (MTC) with some champagne he had shelved specifically for the document's finish. Harder...

People search: Internet makes do-it-yourself investigating reasonably easy.
June 29, 2009... Byline: Sarah Rodriguez The Internet makes it relatively easy to locate someone. Even those who may not want to be found usually have a presence somewhere on Web. Perhaps you are trying to prove that your client's spouse has been...

Michigan Court of Appeals rules general claims in NOI apply to each defendant.(notice of intent to sue)
June 29, 2009... Byline: Todd C. Berg, Esq. The Michigan Court of Appeals has ruled that a medical-malpractice plaintiff's notice of intent to sue need not "specifically state a particularized standard of care for each individual defendant." But...

Where site plans meet sanctity.
June 29, 2009... Byline: Carol Lundberg A religious land-use law intended to level the playing field for churches and religious organizations working through municipal planning processes is creating challenges as churches move out of residential...

New law gives borrowers in Michigan better way to work with lenders, as long as all do their part.
June 29, 2009... Byline: Douglas J. Levy Come July 4, Michigan homeowners who could be facing foreclosure will be celebrating a different kind of Independence Day. That's when Public Acts 29-31, which amend the state's foreclosure by advertisement...

Senator proposes delay of filling nine judge vacancies in county courts in Michigan.
June 29, 2009... Byline: Carol Lundberg Sen. Mickey Switalski has proposed a bill that would allow counties to delay filling judge positions. The Roseville Democrat hopes that such a move will help counties struggling to close budget gaps. His own...

Michigan Court of Appeals rules PIP possible for uninsured driver.(personal protection insurance benefits)
June 29, 2009... Byline: Todd C. Berg, Esq. The Michigan Court of Appeals has held that a person is not the "owner" of a motor vehicle for PIP-coverage purposes if she doesn't regularly use the vehicle and if she must get another person's permission before...