Michigan Lawyers Weekly articles from March 2006

Michigan Lawyers Weekly archives from March 2006

MI courts' rulings shortening limitation periods under fire.(Michigan)
March 6, 2006... Byline: Denise G. Callahan 'Rory' Update After the Michigan Supreme Court's landmark decision in Rory v. Continental Insurance Co. and the Michigan Court of Appeals ruling in Clark v. DaimlerChrysler Corp. upheld contractual provisions...

Employee wins $400K verdict in Elliott-Larsen Civil Rights Act sex harassment lawsuit.
March 6, 2006... Byline: Sheryl Vassallo Can a woman who was fired after claiming her former husband was sexually harassing her at work sue her employer for violation of the Elliott-Larsen Civil Rights Act (ELCRA) even though the employer said she was...

SLAPP (strategic lawsuit against public participation) countersuits on the rise.
March 6, 2006... Byline: Correy E. Stephenson (This article originally ran in Lawyers Weekly USA, another Dolan Media publication.) In the legal world, even the word "SLAPP" is a term of art. SLAPP "strategic lawsuit against public participation"...

Michigan Lawyers in the News: March 6, 2006.(appointments)
March 6, 2006... Byline: Michigan Lawyers Weekly Staff Appointments John T. Sperla has been named chair of the Management Committee of Mike Meyers Beckett & Jones PLC in Grand Rapids. Others named to the committee include Frederic N. Goldberg and...

Michigan Court of Appeals Case Summaries: March 6, 2006.
March 6, 2006... Byline: Michigan Lawyers Weekly Staff Medical Malpractice Default - Affidavit Of Meritorious Defense The trial court abused its discretion by entering a default and default judgment against defendants on the eve of a medical...

Michigan Court Of Appeals Unpublished Civil Case Summaries: March 6, 2006.
March 6, 2006... Byline: Michigan Lawyers Weekly Staff Civil Procedure Missed Pre-Trial Conference - Complaint Improperly Dismissed Where the trial judge did not comply with the requirements of Vicencio v. Jaime Ramirez, M.D., PC, 211 Mich. App....

Michigan Court Of Appeals Unpublished Criminal Case Summaries: March 6, 2006.
March 6, 2006... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery; Kidnapping; Carjacking. Confrontation. "The prosecution elicited the testimony of defendant's acquaintance at the preliminary examination to establish that...

U.S. Court of Appeals 6th Circuit Case Summaries: March 6, 2006.
March 6, 2006... Byline: Michigan Lawyers Weekly Staff Civil Rights Section 1983 - No State-Created Danger Police officers who had the opportunity to stop a drag race on a city street but did not do so cannot be held liable under Sect. 1983 when...

Commentary: Police and fire department compulsory arbitration.
March 6, 2006... Byline: Lee Hornberger This article provides a brief overview of the Michigan Compulsory Arbitration of Labor Disputes for Police and Fire Departments Act. The Compulsory Arbitration Act provides for possible ultimate compulsory...

Verdicts & Settlements March 6, 2006: ELCRA claim nets $175K settlement.(Richardson v. School District of the City of Flint, Michigan. Elliott-Larsen Civil Rights Act)
March 6, 2006... Byline: Michigan Lawyers Weekly Staff Plaintiff's counsel said the plaintiff, a teacher/coach with an impeccable 40-year record of achievement in the heavily integrated Flint Public School System, was falsely accused of assaulting a teenage...

Verdicts & Settlements March 6, 2006: Motor vehicle repair suit nets $16.5K verdict.(Fisher v. D & S Engine Specialist, Inc., Motor Vehicle Service and Repair Act)(Brief Article)
March 6, 2006... Byline: Michigan Lawyers Weekly Staff The plaintiff brought his 1989 Porsche to the defendant to repair an engine failure. The defendant failed to repair the car and failed to give a proper estimate. The plaintiff sued for damages and...

Verdicts & Settlements March 6, 2006: Wrongful death suit settles for $600K.
March 6, 2006... Byline: Michigan Lawyers Weekly Staff This wrongful death case settled for $600,000 in third settlement conferences with a judge. The case evaluation was $800,000. A city bus driver ran over the victim as she made a right turn at a...

Verdicts & Settlements March 6, 2006: 'No cause' in motor vehicle accident.(Markowitz v. Serlin)
March 6, 2006... Byline: Michigan Lawyers Weekly Staff The plaintiff was riding a bicycle during morning rush hour. The plaintiff maintained he was riding properly on the roadway at or near the fog line of the road when he was struck from behind by the...

'Four corners' rule still controls, rules Michigan Supreme Court.(legal malpractice)
March 13, 2006... Byline: Todd C. Berg, Esq. Practitioners tell Lawyers Weekly that trust beneficiaries who sue for legal malpractice based on negligent estate planning advice are bound by the same "four corners" rule that applies to negligent preparation...

Support staff vital for thriving law firms.
March 13, 2006... Byline: Sheryl M. Vassallo Managing Your PracticeLaw firms of all sizes operate with talented staff members in diverse positions, ranging from legal secretaries to information technology professionals to couriers. With hectic schedules and...

Medicaid changes to turn estate planning on its head.
March 13, 2006... Byline: Sylvia Hsieh Buried in the 750-page federal budget bill is a bombshell for lawyers who practice elder law and estate planning changes to the Medicaid long-term care eligibility rules that threaten to turn Medicaid planning on its...

Michigan Lawyers in the News: March 13, 2006.(Nyal D. Deems joins American College of Mortgage Attorneys)(Peter L. Gustafson joins Warner Norcross & Judd LLP)(Howard & Howard attorneys Jeffrey A. Sadowski and Trent K. English receives award)
March 13, 2006... Byline: Michigan Lawyers Weekly Staff AppointmentsJanice K. Cunningham has been appointed by the State Court Administrative Office to the Michigan Court Forms Committee as a representative of the domestic relations legal community for a...

Michigan Court of Appeals Case Summaries: March 13, 2006.
March 13, 2006... Byline: Michigan Lawyers Weekly Staff Administrative LawInsurance - Health Care ProvidersThe trial court correctly rejected the claims of a nonprofit corporation representing independent physical therapists that the Commissioner of...

Michigan Court of Appeals Unpublished Civil Case Summaries: March 13, 2006.
March 13, 2006... Byline: Michigan Lawyers Weekly Staff Civil ProcedureAmendment - New PartiesPlaintiff's amended premises liability complaint does not "relate back" to the date of the filing of the original complaint because plaintiff is attempting to add...

Michigan Court Of Appeals Unpublished Criminal Case Summaries: March 13, 2006.
March 13, 2006... Byline: Michigan Lawyers Weekly Staff Affirmed ConvictionsAggravated Stalking. Mistrial. Defendant's motion for a mistrial was based on "several unresponsive statements made by the complainant's daughter regarding an allegation that...

Michigan Supreme Court Orders: March 13, 2006.
March 13, 2006... Byline: Michigan Lawyers Weekly Staff Administrative OrdersADM File No. 2005-02Administrative Order No. 2006-2 Privacy Policy and Access to Court RecordsThe Social Security Number Privacy Act, 2004 PA 454, requires all persons who, in the...

U.S. Bankruptcy Court Case Summaries: March 13, 2006.
March 13, 2006... Byline: Michigan Lawyers Weekly Staff Chapter 7Asset Sale - Post- Conversion ChallengeThe Court finds that there is no provision in either the Code or case law which would allow the Chapter 7 trustee to bring an action challenging an asset...

U.S. Court of Appeals 6th Circuit Case Summaries: March 13, 2006.
March 13, 2006... Byline: Michigan Lawyers Weekly Staff BankruptcyInvoluntary Petition - Bad FaithThe bankruptcy court correctly dismissed the involuntary bankruptcy petition filed by Kevin Adell against John Richards Homes Building Co., L.L.C. (JRH)...

U.S. District Court Eastern District Case Summaries: March 13, 2006.
March 13, 2006... Byline: Michigan Lawyers Weekly Staff EmploymentJurisdiction - Federal QuestionA plaintiff who sued her employer under the Michigan Whistleblower's Protection Act, for violation of public policy under the common law, and deprivation of...

Verdicts & Settlements March 13, 2006: Premises liability matter settles for $150K.(Pacurai v. Yorkshire Manor, LTD)(Brief Article)
March 13, 2006... Byline: Michigan Lawyers Weekly Staff In this premises liability case, the defendant claimed the defect was open and obvious. The plaintiff's complaint alleged negligence, breach of contract and violation of statute to keep the premises...

Verdicts & Settlements March 13, 2006: $900K settlement for workplace negligence.(Peltier v. XYZ Corp)(Brief Article)
March 13, 2006... Byline: Michigan Lawyers Weekly Staff While walking in a plant on the way to her food service job, the plaintiff was struck by a cart loaded with car doors that had become detached from a "bug" (train), resulting in serious injury.The...

Verdicts & Settlements March 13, 2006: Product liability matter dismissed.(Napier v. Osmose, Inc)
March 13, 2006... Byline: Michigan Lawyers Weekly Staff The plaintiff filed a lawsuit seeking damages for injuries allegedly sustained when a splinter from her deck lodged in her foot. The plaintiff claimed her injuries resulted from exposure to the...

Verdicts & Settlements March 13, 2006: Auto negligence suit settles for $315K.(DeRosa v. Universal Macomb Ambulance Service)(Brief Article)
March 13, 2006... Byline: Michigan Lawyers Weekly Staff The plaintiffs were passengers in a car that was violently rear-ended by the defendant's ambulance. Negligence was admitted. Plaintiff's counsel told Lawyers Weekly the detailed accident reconstruction...

Verdicts & Settlements March 13, 2006: Negligence claim yields $225K settlement.(sexual assault case)(Doe v. ABC Entity)(Brief Article)
March 13, 2006... Byline: Michigan Lawyers Weekly Staff The defendant placed two girls in foster care as minors. The girls were sexually assaulted by the foster father and his biological son.The defendant negligently conducted a background investigation and...

MI Court of Appeals uses equitable tolling to dance around 'Waltz'.(Wrongful death and medical malpractice case)(Waltz v. Wyse and Ousley v. McLaren)(Mazumder v. University of Michigan Regents)(Bryant v. Oakpointe Villa Nursing Center)(Case overview)
March 20, 2006... Byline: Todd C. Berg, Esq. Wrongful death plaintiffs alleging medical malpractice are still reeling from the one-two punch of Waltz v. Wyse and Ousley v. McLaren.First, the Michigan Supreme Court knocked them back on their heels by...

Auto negligence claim against snowplow driver, owner settles for $800K in MI court.(Joseph Valenciano v City of Grand Rapids )(Case overview)
March 20, 2006... Byline: Sheryl Vassallo Can an auto accident victim recover significant damages despite the fact that he pulled out in front of a well-lit, city-owned snowplow? An $800,000 settlement in Kent County indicates the answer is "yes."Grand...

Personal injury defense lawyers face rise in malpractice claims.
March 20, 2006... Byline: Nora Lockwood Tooher (This article was originally published in Lawyers Weekly USA, another Dolan Media publication.)Several years ago, Benjamin H. Hill III defended a malpractice claim lodged against a Florida personal injury...

Michigan Lawyers in the News: March 20, 2006.(Anne M. Boomer joins Michigan Supreme Court)(John A. Hubbard joins State Bar of Michigan)(Michael Staebler joins Pepper Hamilton LLP)
March 20, 2006... Byline: Michigan Lawyers Weekly Staff AppointmentsAnne M. Boomer has been named interim Administrative Counsel to the Michigan Supreme Court.Boomer initially served as family division analyst and legal affairs analyst.John A. Hubbard has...

MI Attorney General Case Summaries: March 20, 2006.(Michigan)(Brief article)
March 20, 2006... Byline: Michigan Lawyers Weekly Staff Municipal LawCounties - Billboard RegulationThe Concealed Pistol Licensing Act, MCL 28.421 et seq, does not confer on a county concealed weapon licensing board the power to make its own medical...

Michigan Court of Appeals Case Summaries: March 20, 2006.
March 20, 2006... Byline: Michigan Lawyers Weekly Staff Criminal LawEvidence - Impeachment And Independent SourceWhere the trial court excluded the use of defendant's post-arraignment statements to the police for any purpose because defense counsel did not...

Michigan Court Of Appeals Unpublished Civil Case Summaries: March 20, 2006.
March 20, 2006... Byline: Michigan Lawyers Weekly Staff Civil ProcedureDeclaratory Relief - Prior RulingWhere the trial court previously ruled on the parties' rights and duties with respect to stock being held in escrow, the court did not abuse its...

Michigan Court of Appeals (Unpublished Criminal) March 20, 2006.
March 20, 2006... Byline: Michigan Lawyers Weekly Staff Affirmed ConvictionsCriminal Sexual Conduct, First Degree. No Prosecutorial Misconduct. "Viewing the challenged questions and responses in context, it is apparent that the prosecutor did not...

U.S. Bankruptcy Court Case Summaries: March 20, 3006.
March 20, 2006... Byline: Michigan Lawyers Weekly Staff Chapter 7Debt Arising From Divorce Judgment - DischargeThe debtor's state court divorce judgment ordering him to pay his ex-wife $146,181.04 in 60 monthly installments is best understood as being a...

U.S. Court of Appeals 6th Circuit Case Summaries: March 20, 2006.
March 20, 2006... Byline: Michigan Lawyers Weekly Staff Administrative LawVeterans' Benefits Act - No JurisdictionThe federal district court lacked subject-matter jurisdiction to review plaintiff-Veterans Administration physician's employment dispute with...

U.S. District Court Eastern District Case Summaries: March 20, 2006.
March 20, 2006... Byline: Michigan Lawyers Weekly Staff BankruptcyPreferential Transfer Claim - No Evidence Of Diminished EstateThe bankruptcy court incorrectly allowed the trustee to avoid a bank's mortgage lien on the debtor's property as a preferential...

Commentary: Administration of family limited partnerships and family limited liability companies.
March 20, 2006... Byline: Stuart B. Dorsett (This article was originally published in North Carolina Lawyers Weekly, another Dolan Media publication.)What is a family limited partnership (FLP) or family limited liability company (FLLC) and how can it help...

Verdicts & Settlements March 20, 2006: $65K settlement in auto negligence case.(Clark v. Samoylov)(Brief article)
March 20, 2006... Byline: Michigan Lawyers Weekly Staff The plaintiff, a 57-year-old road construction worker, was hit by the defendant's vehicle while the plaintiff was filling potholes. The defendant then fled the scene of the accident and was chased down...

Verdicts & Settlements March 20, 2006: Whistleblower case settles for $88K.
March 20, 2006... Byline: Michigan Lawyers Weekly Staff A Genesee County ADR panel's award of $87,500 settled a Whistleblower Protection Act case involving a 24-year-old man who was discharged for participating in a State of Michigan Department of Labor...

Verdicts & Settlements March 20, 2006: Assault and battery suit draws 'no cause'.(Fleischer, et al. v. Kaysa's Pub, Inc., et al.)(Brief article)
March 20, 2006... Byline: Michigan Lawyers Weekly Staff This was a negligence, false imprisonment, and assault and battery case against Kaysa's Pub, Inc. and its bartender, Kelly McClary. The plaintiffs alleged that they were severely beaten in a fight at...

Verdicts & Settlements March 20, 2006: $105K settlement for auto neg matter.(Fentress v. City of Detroit, et al.)(Brief article)
March 20, 2006... Byline: Michigan Lawyers Weekly Staff The plaintiff was driving to work at 7 a.m. As she passed through an intersection with a green light, her car was broadsided by a Detroit Police Squad car that ran a stop sign. At the time of the...

Commentary: Performance evaluations for paralegals.
March 27, 2006... Byline: Linda S. Jevahirian A performance review is a methodical way to assess how well an employee carries out a job. Through an objective measure of performance, behavior and goals the process clarifies expectations and identifies roles...

MI COA rules doctor must pay $40K in damages for breaching restrictive covenant.(St. Clair Medical, P.C., v. Borgiel, Court of Appeals, Michigan. Antitrust Reform Act)
March 27, 2006... Byline: Todd C. Berg, Esq. A doctor who tried to practice too close to his former employer was liable for $40,000 in damages under a restrictive covenant contained in his former employer's employment contract, the Michigan Court of Appeals...

6th U.S. Circuit COA rules lateral transfer amounted to adverse employment action.(Kyle Keeton v. Flying J., Inc)(sexual harassment case)(Court of Appeals)(Case overview)
March 27, 2006... Byline: Todd C. Berg, Esq. 6th U.S. Circuit Court of AppealsAfter having been sexually harassed by his supervisor, Kyle Keeton thought his employer was adding insult to injury by transferring him to a job 120 miles away.Although he'd...

How important is a law firm website?
March 27, 2006... Byline: Sheryl M. Vassallo Managing Your PracticeWith the plethora of new technology surfacing every day, websites hardly seem like the latest law firm trend. Although there are still some firms that don't feel a website is the right fit...

Michigan Lawyers in the News: March 27, 2006.(Lawrence Duthler joins Barnes & Thornburg LLP)(Suzanne D. Nolan joins Frank, Haron, Weiner and Navarro)(Martha Widdows-Witham and Laura K. Chambers joins Vandervoort, Christ & Fisher, P.C)
March 27, 2006... Byline: Michigan Lawyers Weekly Staff AppointmentsDenise Ilitch has been appointed to the Mentor Michigan Leadership Council for a term ending in 2009.Ilitch is president of Ilitch Enterprises and of counsel to Clark Hill PLC in Detroit,...

MI Attorney General Case Summaries: March 27, 2006.(Traxler-McCauley-Law-Bowman Bingo Act)(Brief article)
March 27, 2006... Byline: Michigan Lawyers Weekly Staff Constitutional LawLottery - Constitutional AmendmentThe voter-approval requirement of Const 1963, art 4, Sect. 41 does not apply to games that the Commissioner of the Bureau of State Lottery may...

MI Court of Appeals Case Summaries: March 27, 2006.
March 27, 2006... Byline: Michigan Lawyers Weekly Staff Criminal LawJudicial Conduct - SentencingA judge's threat to tape defendant's mouth shut if he continued to disrupt the proceedings did not deny defendant a fair trial. Fair Trial"[T]he trial court...

MI Court of Appeals Unpublished Civil Case Summaries: March 27, 2006.
March 27, 2006... Byline: Michigan Lawyers Weekly Staff Administrative LawRegulatory Fees - No StandingPlaintiff, an unincorporated association of companies engaging in the retail sale of refined petroleum, does not have standing to sue for a refund of the...

MI Court of Appeals Unpublished Criminal Case Summaries: March 27, 2006.
March 27, 2006... Byline: Michigan Lawyers Weekly Staff Affirmed ConvictionsAssault With Intent To Do Great Bodily Harm Less Than Murder; Felony Firearm. Sufficient Evidence. "There was no direct testimony that the bullet that struck Goodwin actually came...

Michigan Supreme Court Orders: March 27, 2006.
March 27, 2006... Byline: Michigan Lawyers Weekly Staff Miscellaneous OrdersGrace v. Leitman. SC: 130642; COA: 257896; Oakland CC: 02-045572-NM. On order of the Court, the motions for immediate consideration and for stay of proceedings and the application...

U.S. Court of Appeals 6th Circuit Case Summaries: March 27, 2006.
March 27, 2006... Byline: Michigan Lawyers Weekly Staff BankruptcyChapter 13 - Secured Claim ModificationWhere a debtor's Chapter 13 payment schedule does not seem to require the payments to keep pace with the depreciation of a secured claim against a 1995...

Verdicts & Settlements March 27, 2006: Personal injury case facilitates for $182K.(Wiggins v. Nino Salvaggio)(Brief article)
March 27, 2006... Byline: Michigan Lawyers Weekly Staff The plaintiff, an elderly fruit market patron, slipped and fell while shopping. According to the plaintiff, she slipped and fell on a green bean that had fallen onto the floor and was covered by...

Verdicts & Settlements March 27, 2006: Med-mal suit nets $150K settlement.(Nelson v. Michael R. Shier, M.D., et al.)(Brief article)
March 27, 2006... Byline: Michigan Lawyers Weekly Staff The plaintiff, a 35-year-old self-employed machinist, was participating in a sanctioned motorcycle race in Marlette. During the race, another motorcyclist bumped the plaintiff's motorcycle, causing the...

Verdicts & Settlements March 27, 2006: Dog attack matter yields $88K verdict.(Trine v. Campbell)(Brief article)
March 27, 2006... Byline: Michigan Lawyers Weekly Staff The plaintiff was attacked by the defendant's dog while delivering a medical referral to the defendant's home as a favor to a neighbor. The defense team claimed that, although the attacking dog lived...

Verdicts & Settlements March 27, 2006: ELCRA action wins $100K verdict.(Miller v. Auto Zone, Inc., et al., Michigan. Elliott-Larsen Civil Rights Act)
March 27, 2006... Byline: Michigan Lawyers Weekly Staff Miller, a former store manager and supervisor at an Auto Zone store in Flint, sued when he was constructively discharged for making complaints of race discrimination. The 44-year-old plaintiff began at...