Michigan Lawyers Weekly articles from March 2008

Michigan Lawyers Weekly archives from March 2008

Michigan Supreme Court takes on controversial Wayne County jury selection order.
March 3, 2008... Byline: Melissa P. Stewart, Esq. Jury Reform When McDaniel Hopson entered a Wayne County courtroom to defend a drug-related offense, he saw only one black person sitting on the 30-member jury pool. He objected to the makeup as...

Sexually abused female inmates win $15M verdict in Michigan court.
March 3, 2008... Byline: Natalie Lombardo One of Michigan's first trials concerning female prisoners being sexually abused by male correctional staff has ended with a Washtenaw County jury awarding a $15.5 million verdict to 10 women. Most of the women...

A helping hand for the business side of law.(Gayla M. Houser)
March 3, 2008... Byline: Melissa P. Stewart, Esq. Business of Law Gayla M. Houser is a "Jill of all trades." As director of business development at Miller, Canfield, Paddock and Stone, PLC, she leads the eight-member team dedicated to raising firm...

On deck: 490 cases of sexual abuse from Michigan women's prisons.
March 3, 2008... Byline: Natalie Lombardo A $15.5 million verdict for 10 female inmates who were sexually assaulted by male staff in a state prison could set the standard for the remaining 490 with similar claims. With the finale of Neal, et. al., v....

Legal assistants, paralegals and support staff members: Doing, knowing the right things.
March 3, 2008... Byline: Douglas J. Levy Managing Your Practice When it comes to matters of ethics, every Michigan lawyer, by virtue of his license to practice law, must abide by the Michigan Rules of Professional Conduct. Yet, legal assistants,...

Leaving the past behind: Mich. nonprofit organization helps people expunge their criminal records.(Michigan)(Restoring Dignity )
March 3, 2008... Byline: Natalie Lombardo Criminal Law Having a criminal record can lead to missed opportunities for employment, education and housing -- and it can increase the chances of ex-offenders returning to a life of crime. So a new...

Michigan's Family Law Assistance Project gives attorneys hands-on education.
March 3, 2008... Byline: Melissa P. Stewart, Esq. With 50 percent of marriages ending in divorce, and unemployment in Michigan higher than anywhere else in the nation, the divide between the legal services a low-income individual needs and those she can...

Money talks. Or does it? Publicly funded elections for Michigan Supreme Court justices.
March 3, 2008... Byline: Todd C. Berg, Esq. Michigan Supreme Court -- 'Publicly Funded' Elections It is said that perception is reality, but sometimes reality isn't all it's perceived to be. The election year hadn't even begun and already there was...

Michigan Lawyers in the News: March 3, 2008.
March 3, 2008... Byline: Michigan Lawyers Weekly Staff Appointments Barbara Rom, partner-in-charge of the Detroit office of Pepper Hamilton LLP, was reappointed to serve on the Michigan Gaming Control Board for a term expiring Dec. 31, 2011. She...

Michigan Attorney Discipline Board Case Summaries: March 3, 2008.
March 3, 2008... Byline: Michigan Lawyers Weekly Staff Notice Of Reinstatement With Conditions Case No. 07-126-RP Notice Issued: Feb. 18, 2008 Evan H. Callanan, Jr., P 30564, Westland, Michigan, by the Attorney Discipline Board. 1....

Michigan Court of Appeals Case Summaries: March 3, 2008.
March 3, 2008... Byline: Michigan Lawyers Weekly Staff Consumer Law RV Implied Warranty - Privity The purchaser of an allegedly problematic recreational vehicle could sue the vehicle's manufacturer for common-law rescission of the sale on a theory...

Michigan Court Of Appeals Unpublished Civil Case Summaries: March 3, 2008.
March 3, 2008... Byline: Michigan Lawyers Weekly Staff Arbitration Arbitrator's Authority - Not Exceeded We find no merit to defendants' assertions that the arbitrator in this business claim case exceeded his authority by awarding relief that was...

Michigan Court Of Appeals Unpublished Criminal Case Summaries: March 3, 2008.
March 3, 2008... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery; Carjacking; Felony Firearm. Effective Assistance. "Defendant's sole basis for alleging that trial counsel was ineffective is that counsel did not endeavor to...

Michigan Supreme Court Orders: March 3, 2008.
March 3, 2008... Byline: Michigan Lawyers Weekly Staff Leave Denied Detroit Free Press v. City of Detroit. (Lawyers Weekly No. 06-65761) (2 pages). On order of the Court, the motion for immediate consideration of the application for leave to appeal and...

U.S. Court of Appeals 6th Circuit Case Summaries: March 3, 2008.
March 3, 2008... Byline: Michigan Lawyers Weekly Staff Constitutional Law Privacy Rights - Social Security Number The federal district court correctly dismissed a Sect. 1983 suit based on violation of privacy rights by a woman who claimed her...

U.S. District Court Eastern District Case Summaries: March 3, 2008.
March 3, 2008... Byline: Michigan Lawyers Weekly Staff Employment Failure- To-Promote Claim - Retaliation Claim Defendant is granted summary judgment on plaintiff's claims that her employer failed to promote her in violation of Michigan's...

Verdicts & Settlements March 3, 2008: 'Disallowed' claim suit gets settled by estate.
March 3, 2008... Byline: Michigan Lawyers Weekly Staff In 2000, the plaintiff obtained a consent judgment against Geissbuhler for $900,000, based on a promise to guarantee a lease. In 2006, Geissbuhler died, without paying anything against the...

Verdicts & Settlements March 3, 2008: Premature child diagnosed with cerebral palsy.
March 3, 2008... Byline: Michigan Lawyers Weekly Staff Plaintiff-mother was a single 17-year-old when she began prenatal care in October 1995. Her estimated due date was May 10, 1996. On Jan. 10, 1996, at 21 weeks gestation, she complained of some vaginal...

Verdicts & Settlements March 3, 2008: Damage suit dismissed on summary judgment.
March 3, 2008... Byline: Michigan Lawyers Weekly Staff The plaintiff filed suit seeking recovery for property damage to her home as a result of a fire. Nationwide defended the claim on the basis that while investigating the fire, it determined that the...

Chalk one up for public policy in the Michigan Court of Appeals.(underinsured motorist policy )
March 10, 2008... Byline: Todd C. Berg, Esq. No-Fault Act -- Update Katie M. Klida had public policy on her side. Otherwise, her breach of contract case would've been bounced out of court. In Klida v. Braman, et al., the Michigan Court of...

Technology Update: Sending secrets?(information management of lawyers)
March 10, 2008... Byline: Natalie Lombardo Technology Update By simply e-mailing a Microsoft Word document, many attorneys are unwittingly sending confidential information to opposing counsel. This is because when a Word -- or Corel WordPerfect --...

Perpetrators of workplace violence': In a state of blind rage'.
March 10, 2008... Byline: Natalie Lombardo Before Anthony LaCalamita allegedly shot up Gordon Advisors in Troy -- killing one and critically wounding two others -- he was accused of attacking a man with a tire iron. He had also been estranged from his...

Think twice before busting that employee.
March 10, 2008... Byline: Douglas J. Levy Business owners or managers of a large corporation have enough to be concerned about on a daily basis without worrying about an employee who may be suspected of breaking the law in the workplace. But when...

Detroit attorney supports 'change we can believe in'.(Nicole Y. Lamb-Hale)
March 10, 2008... Byline: Melissa P. Stewart, Esq. Practice Profile Nicole Y. Lamb-Hale has an interesting pastime. By day, she is the managing partner of Foley & Lardner LLP's thriving Detroit office, but by night, she campaigns on behalf of...

Ex-worker cries 'foul' in Wayne County Circuit Court.(Lauren Esquivel)
March 10, 2008... Byline: Melissa P. Stewart, Esq. Step-By-Step: First Installment When Lauren Esquivel walked through the doors of Ann Arbor-based Nacht & Associates, PC, she was looking for a top employment lawyer to take on her sexual harassment...

What's in store for Wayne State University Law School.(Interview)
March 10, 2008... Byline: Natalie Lombardo Practice Profile He's touted as "one of the country's finest academicians and administrators," but Robert M. Ackerman feels lucky Wayne State University Law School chose him as the school's next dean. ...

Michigan Lawyers in the News: March 10, 2008.
March 10, 2008... Byline: Michigan Lawyers Weekly Staff Appointments James B. Doezema of Foster, Swift, Collins & Smith, P.C. was named chair of the City of Grand Rapids Planning Commission, and Andrew C. Vredenburg has been reappointed to the Cannon...

Mich. Attorney Discipline Board Case Summaries: March 10, 2008.
March 10, 2008... Byline: Michigan Lawyers Weekly Staff Final Notice Of Suspension Case No. 07-38-GA Notice Issued: Feb. 27, 2008 James T. Macauley, P 31373, Lansing, Michigan, by the Attorney Discipline Board, affirming Ingham County Hearing...

Michigan Court of Appeals Case Summaries: March 10, 2008.
March 10, 2008... Byline: Michigan Lawyers Weekly Staff Probate Trust Administration - Attorney Fees Even though petitioner prevailed in a suit to declare a trust amendment invalid, respondents (either of whom would be named trustee depending on...

Michigan Court of Appeals Unpublished Civil Case Summaries: March 10, 2008.
March 10, 2008... Byline: Michigan Lawyers Weekly Staff Civil Procedure Default Judgment The trial court did not err by granting garnishee-defendant's motion to set aside a $47,336.65 default judgment, which had been granted based on a failure to...

Michigan Court of Appeals Unpublished Criminal Case Summaries: March 10, 2008.
March 10, 2008... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Carjacking; Armed Robbery; Felony Firearm. Effective Assistance. "Defendant argues that trial counsel provided ineffective assistance by failing to excuse two robbery victims...

U.S. Court of Appeals 6th Circuit Case Summaries: March 10, 2008.
March 10, 2008... Byline: Michigan Lawyers Weekly Staff Bankruptcy Surrender Of Financed Vehicle - Remaining Indebtedness The bankruptcy court incorrectly held that when the debtor surrendered a vehicle to a finance company, and the value of the...

U.S. District Court Eastern District Case Summaries: March 10, 2008.
March 10, 2008... Byline: Michigan Lawyers Weekly Staff Bankruptcy Chapter 13 - Discharge Improperly Denied The bankruptcy court incorrectly denied the appellant debtor a discharge in his Chapter 13 case because the court misconstrued Sect....

U.S. District Court Western District Case Summaries: March 10, 2008.
March 10, 2008... Byline: Michigan Lawyers Weekly Staff Arbitration Award Vacated - Matter Not Covered By CBA An arbitrator's award that resolved a dispute between a union and an employer about overtime pay must be vacated because the collective...

Commentary: Firms need to pay more attention to lawyers reaching 'second season'.
March 10, 2008... Byline: Edward Poll According to a recent study by Altman Weil, Inc., the closer to retirement a lawyer gets, the more likely he/she is to oppose mandatory retirement ages. Interviews with a number of aging lawyers suggests that they don't...

Commentary:Look at policy limits, and you'll find disrupted lives holding the line on inflation.(automobile insurance in Michigan)
March 10, 2008... Byline: Michael J. Butler In the Year of Our Lord 1973, the average price of a gallon of gas was 40 cents, having nearly doubled in price since 1970. The average cost of a new house was $32,500, a new American Motors Javelin cost $2,900,...

Verdicts & Settlements March 10, 2008: Pit bull escapes from yard, attacks passer-by.(Brief article)
March 10, 2008... Byline: Michigan Lawyers Weekly Staff The plaintiff was attacked by a neighbor's pit bull while walking her dog in her subdivision. The pit bull escaped its yard by squeezing through a backyard fence. In an effort to protect her dog,...

Verdicts & Settlements March 10, 2008: Patient has allergic reaction to painkiller.
March 10, 2008... Byline: Michigan Lawyers Weekly Staff The plaintiff was a 52-year-old married father of two. Following discharge for minor goiter surgery, he took a prescribed painkiller and developed swelling in his throat. He drove himself to the...

Verdicts & Settlements March 10, 2008: Female prisoners allege sex abuse in class action.(Brief article)
March 10, 2008... Byline: Michigan Lawyers Weekly Staff Ten women prisoners housed at the Robert Scott Correctional Facility filed a class-action lawsuit against the Michigan Department of Corrections alleging they had been sexually abused by male employees....

What a difference a few years make.
March 17, 2008... Byline: Todd C. Berg, Esq. Med-Mal Analysis Collene E. Waltz's name should come to mind when one reads the Michigan Court of Appeals recent opinion in Vanslembrouck v. Halperin, et al. Waltz was the plaintiff in the Michigan...

Preparing for the worst: 'Files aflame'.(using backup systems to prevent data lost)
March 17, 2008... Byline: Natalie Lombardo Technology Update K. Girard Blakley arrived to work one morning to find his entire office had been ravaged by fire. "You never think it's going to happen to you. But there was my office, completely...

Southfield-based Sommers Schwartz: Reinvents itself to survive the fallout from tort reform.(Sommers Schwartz P.C.)
March 17, 2008... Byline: Natalie Lombardo Touted as one of the state's premier personal injury plaintiffs' firm, even Sommers Schwartz P.C. has had to reinvent itself to survive the fallout from tort reform. "We weren't any different than any other...

3rd Circuit's senior-most judge appointed to court's top seat.(William J. Giovan)
March 17, 2008... Byline: Melissa P. Stewart, Esq. Judicial Profile Judge William J. Giovan has waited 32 years for a promotion. Wayne County Circuit Court's newest chief judge was first elected to the Detroit Recorders Court in 1966 for a six-week...

Victory, yes. But for how long?(Warner-Lambert v. Kent)
March 17, 2008... Byline: Melissa P. Stewart, Esq. Products Liability -- Analysis When the U.S. Supreme Court issued its opinion in Warner-Lambert v. Kent, affirming by an equally divided vote the decision of the 2nd U.S. Circuit Court of Appeals,...

Business of law: Downsized.
March 17, 2008... Byline: Natalie Lombardo Business of law With tort reform and rough economic times cutting into its business -- and its bottom line -- Sommers Schwartz P.C. has taken the drastic step of reducing its number of partners and associates....

Michigan Lawyers in the News: March 17, 2008.(Brief article)
March 17, 2008... Byline: Michigan Lawyers Weekly Staff Honors Howard & Howard Attorneys, P.C. was named by Corp! magazine as among the "Best of Michigan Business" in its January/February 2008 issue. Christopher J. Dine and Christopher A. Ballard...

Michigan Attorney Discipline Board Case Summaries: March 17, 2008.
March 17, 2008... Byline: Michigan Lawyers Weekly Staff Final Notice Of Suspension Case No. 07-04-GA Notice Issued: March 7, 2008 Robert J. McQuade, P 40677, Centerline, Michigan, by Attorney Discipline Board, affirming Tri-County Hearing Panel...

Michigan Court of Appeals Case Summaries: March 17, 2008.
March 17, 2008... Byline: Michigan Lawyers Weekly Staff Criminal Law Sentencing - No Errors Where the trial court exceeded the guidelines when sentencing defendant on drug and weapons charges, the trial court's remarks are best understood as...

Michigan Court of Appeals Unpublished Civil Case Summaries: March 17, 2008.
March 17, 2008... Byline: Michigan Lawyers Weekly Staff Civil Procedure Default Judgment - No Good Cause To Set Aside Where a default judgment for a specific amount was entered against defendants, who never appeared in the action, the trial court...

Michigan Court Of Appeals Unpublished Criminal Case Summaries: March 17, 2008.
March 17, 2008... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Aggravated Stalking. Similar Acts Evidence. "Evidence that defendant left similar sexually suggestive notes on the cars of two young male employees of the same supermarket in...

Michigan Supreme Court Orders Case Summaries: March 17, 2008.
March 17, 2008... Byline: Michigan Lawyers Weekly Staff Leave Denied City of Lansing v. State of Michigan. (Lawyers Weekly No. 06-65848) (2 pages). On order of the Court, the motion for leave to file brief amicus curiae is GRANTED. The application for...

U.S. Court of Appeals 6th Circuit Case Summaries: March 17, 2008.
March 17, 2008... Byline: Michigan Lawyers Weekly Staff Administrative Law FAA - Local Airport Maintenance Fee The Federal Aviation Administration (FAA) correctly ruled that a maintenance fee charged to owners of aircraft based at a local airport...

Commentary: Being 'reasonable' with religion.(religious discrimination)
March 17, 2008... Byline: Thomas A. Schramm and Terry W. Bonnette According to U.S. Equal Employment Opportunity Commission (EEOC) statistics, in 1997, the EEOC received 1,709 claims based on religious discrimination/accommodation. Ten years later, that...

Commentary: Recovery of 'personal property' from a supplier analyzed in a two-pronged approach.
March 17, 2008... Byline: Brian M. Akkashian Over the past several years, Michigan courts have been inundated with "supplier dispute" cases. Typically, these are lawsuits in which a supplier, often but not exclusively in the automotive industry, has...

Commentary: Know all three 'C's when being audited for FLSA compliance.(Fair Labor Standards Act)
March 17, 2008... Byline: Eric J. Pelton and Margaret Carroll Alli The federal Fair Labor Standards Act (FLSA) imposes minimum wage, overtime pay, recordkeeping, equal pay and child labor requirements on most employers. It was the sleeping giant in...

Commentary: A Cinderella story in the enchanted land of patents.(Provisional patent application)(Column)
March 17, 2008... Byline: Jon E. Shackelford On that fateful night, Cinderella knew every magical accoutrement conjured by her fairy godmother would abruptly vanish at the stroke of midnight. In the equally intangible world of patents, there is another...

Commentary: Legislature institutes new requirements for the retention of medical records.
March 17, 2008... Byline: Robert S. Iwrey, Esq. and Jeffrey R. Campbell, Esq On Dec. 22, 2006, a new statute, MCL 333.16213, was effectuated that set forth new requirements for the maintenance and retention of patients' records. The statute applies to all...

Commentary: Will 'Benefiel v. Auto-Owners' restore common sense to Michigan's broken 'Auto Law'?
March 17, 2008... Byline: Steven M. Gursten, Esq. Rarely does the Michigan Lawyers Weekly completely miss the point of an important case, but I feel compelled to respectfully suggest that your recent story on Benefiel v. Auto Owners Insurance Company did...

Planning to thrive.(succession planning)
March 31, 2008... Byline: Natalie Lombardo Practice Management Law firms are facing a tidal wave of transition as the baby boomer generation is beginning to retire -- and lack of preparation for the shift in leadership may cause firms to struggle. ...

Moving target.
March 31, 2008... Byline: Todd C. Berg, Esq. Disqualification Procedures -- Part II The justices of the Michigan Supreme Court asked for it. And, Rep. Mark Meadows is going to give it to them. For years, the Supreme Court has toyed with the idea...

Practice Profile: Mary Massaron - the second time around.
March 31, 2008... Byline: Natalie Lombardo Practice Profile Mary Massaron Ross has distinguished herself as one of the top appellate litigators in Michigan -- and she's done it in half the time as others with similar credentials. Lawyering is...

Verdicts & Settlements March 31, 2008: Decedent's family awarded $9.1M in wrongful death suit.
March 31, 2008... Byline: Melissa P. Stewart, Esq. Verdicts & Settlements Plus On July 20, 2003, 39-year-old Patrick Cavanaugh presented to Sparrow Hospital in Lansing with a fever that had persisted for ten days. On Aug. 3, 2003, he died. ...

Bowing to the will of the minority.(judicial disqualification procedure)
March 31, 2008... Byline: Todd C. Berg, Esq. Michigan Supreme Court -- Disqualification Procedures Of the approximately 19,500 lawyers who have had cases decided by the Michigan Supreme Court since 2003, only six have filed motions to disqualify one or...

'...Know when to fold 'em': Judge Dennis C. Kolenda leaves the bench.
March 31, 2008... Byline: Melissa P. Stewart, Esq. Judicial Profile According to Kent County Circuit Court Judge Dennis C. Kolenda, "there are a whole constellation of reasons" why he decided to leave the bench and join the Grand Rapids office of...

Michigan Lawyers in the News: March 31, 2008.
March 31, 2008... Byline: Michigan Lawyers Weekly Staff Appointments Maria B. Abrahamsen and James P. Kiefer have been appointed to Dykema's Executive Board. LaMont D. Walker of Warner Norcross & Judd LLP has been named to the board of the Urban...

Ex-Detroit Recorder's Court judge dies at 69.(Terrance K. Boyle)(In memoriam)
March 31, 2008... Byline: Michigan Lawyers Weekly Staff Over the course of his legal career, former Detroit Recorder's Court Judge Terrance K. Boyle was instrumental in improving Wayne County's criminal justice system and helped reform the state's rape law....

Michigan Attorney Discipline Board Case Summaries: March 31, 2008.
March 31, 2008... Byline: Michigan Lawyers Weekly Staff Corrected Notice Of Suspension* Case No. 07-151-GA Notice Issued: March 19, 2008 Mark A. Rousseau, P 19708, Pinconning, Michigan, by the Attorney Discipline Board Tri-Valley Hearing Panel...

Michigan Attorney General Summaries: March 31, 2008.(Brief article)
March 31, 2008... Byline: Michigan Lawyers Weekly Staff Licenses And Permits Marriage License - Social Security Number Under section 2(1) of the Marriage License Act, MCL 551.102(1), a county clerk may issue a marriage license to an applicant who...

Michigan Court of Appeals Case Summaries: March 31, 2008.
March 31, 2008... Byline: Michigan Lawyers Weekly Staff Criminal Law Bindover - Expert Testimony Where the district court bound defendant over on a second-degree murder charge after excluding a prosecution expert's opinion concerning how the victim...

Michigan Court of Appeals Unpublished Civil Case Summaries: March 31, 2008.
March 31, 2008... Byline: Michigan Lawyers Weekly Staff Accounting Malpractice Expert Witness - Improperly Disqualified The trial court erred by determining that plaintiff's accounting expert was not qualified to testify as an expert and by...

Michigan Court of Appeals Unpublished Criminal Case Summaries: March 31, 2008.(Case overview)
March 31, 2008... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery; Carrying A Concealed Weapon; Habitual Offender, Fourth Offense. Amended Information. "We conclude that the trial court did not abuse its discretion when it...

Michigan Supreme Court Case Summaries: March 31, 2008.
March 31, 2008... Byline: Michigan Lawyers Weekly Staff Judgments Vehicle-Owner Vicarious-Liability - Common-Law Setoff Rule The 1995 tort-reform amendments of MCL 600.2957(1) and MCL 600.6304(1) did not abrogate the common-law setoff rule in...

Michigan Supreme Court Orders Case Summaries: March 31, 2008.
March 31, 2008... Byline: Michigan Lawyers Weekly Staff Leave Denied Gonzalez v. St. John Hospital & Medical Center. (Lawyers Weekly No. 06-65982) (4 pages). On order of the Court, the application for leave to appeal the April 19, 2007, judgment of the...

U.S. Court of Appeals 6th Circuit Case Summaries: March 31, 2008.(Case overview)
March 31, 2008... Byline: Michigan Lawyers Weekly Staff Bankruptcy Concealment - Intent In an adversarial action, in which a creditor sought to deny a Chapter 7 debtor a discharge because he allegedly concealed property (life insurance proceeds...

Verdicts & Settlements March 31, 2008: Retired employee alleges 'tortious interference'.(Jay Lukas)
March 31, 2008... Byline: Michigan Lawyers Weekly Staff Plaintiff Jay Lukas, an hourly employee, retired in 2001, and sought to be a highly paid consultant managing bearing assembly repair vendors. After his proposal was rejected, an anonymous letter was...

Verdicts & Settlements March 31, 2008: Patient, 39, dies following delayed diagnosis.(Michigan State University Health Team)(Patrick Cavanaugh)(Brief article)
March 31, 2008... Byline: Michigan Lawyers Weekly Staff Decedent Patrick Cavanaugh, age 39, presented to Sparrow Hospital with flu-like symptoms on July 20, 2003. He had experienced a persistent fever for 10 days prior. After an evaluation by physicians...

Verdicts & Settlements March 31, 2008: Payment for patient's new deck is rejected.(Farm Bureau)(Ernest Bernath, Jr.)
March 31, 2008... Byline: Michigan Lawyers Weekly Staff Plaintiff Ernest Bernath Jr. received a serious closed-head injury in an accident on June 22, 1985. As part of a settlement for home modifications in September 1996, the parties executed an accord and...