Michigan Lawyers Weekly articles from March 2009

Michigan Lawyers Weekly archives from March 2009

Better relations between team members at firm equals better client relations.
March 2, 2009... Byline: Ed Poll LawBiz Coach's Corner The global financial crisis has created fear and stress for many lawyers who see their cherished dream of retirement moving further into the future. For the present, they worry about business...

Insurers must pay benefits, even if care providers owe reimbursement, rules Mich. Court of Appeals.
March 2, 2009... Byline: Todd C. Berg, Esq. The Michigan Court of Appeals has ruled that a no-fault insurer must pay attendant care benefits even though the attendant-care provider may owe the insurer money. In its Feb. 24 decision in Cooper v....

Michigan lawyers work to help clients gain leverage against bankrupt customers.
March 2, 2009... Byline: Carol Lundberg Bankruptcy Law When the federal bankruptcy code was changed in 2005, one of the changes was intended specifically to help the manufacturing and retail sectors, two of Michigan's hardest-hit industries. But...

Michigan Supreme Court wants to know if 'Dunbar' ability-to-pay rule is right.
March 2, 2009... Byline: Todd C. Berg, Esq. In a case concerning criminal defendants' reimbursing counties for attorney fees, the Michigan Supreme Court is asking a question that a majority of the justices already seems to have answered more than once. ...

Tax incentives have 'star power' to grow Michigan film industry.
March 2, 2009... Byline: Carol Lundberg The Michigan filming tax incentives are not yet a year old and they're already facing possible competition. "What I'm keeping an eye on is California," said Paul T. Fitzpatrick, entertainment lawyer at Dickinson...

Michigan Lawyers in the News: March 2, 2009.
March 2, 2009... Byline: Michigan Lawyers Weekly Staff Elections Miller Canfield elected six new principals: Jaclyn Shoshana Levine, Justin M. Crawford, Weisun Rao, Matthew P. Allen, Gerald J. Gleeson II and Abdu H. Murray. Foster, Swift, Collins...

Michigan Attorney General Opinion Summaries: March 2, 2009.
March 2, 2009... Byline: Michigan Lawyers Weekly Staff Constitutional Law Separation Of Powers - DEQ Executive Directive 2009-2(A) and (D), requiring the Michigan Department of Environmental Quality (DEQ) to determine whether there are more...

Michigan Court of Appeals Case Summaries: March 2, 2009.
March 2, 2009... Byline: Michigan Lawyers Weekly Staff Employment Retirement Pay - Purchase of Maternity Service Credits The Public School Employees Retirement Board correctly determined that plaintiff, a day-to-day substitute teacher, was not...

Michigan Court of Appeals Unpublished Civil Case Summaries: March 2, 2009.
March 2, 2009... Byline: Michigan Lawyers Weekly Staff Contract Release - Upheld The liability release plaintiff signed when she pleaded guilty to operating while visibly impaired bars her from suing the arresting officer for negligence. The...

Michigan Court of Appeals Unpublished Criminal Case Summaries: March 2, 2009.
March 2, 2009... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery; Felon In Possession Of A Firearm; Felony Firearm; Habitual Offender, Second Offense. Firearm. "[T]he victim's testimony about the presence of a handgun, which...

U.S. Court of Appeals 6th Circuit Case Summaries: March 2, 2009.
March 2, 2009... Byline: Michigan Lawyers Weekly Staff Constitutional Law Fourth Amendment - Qualified Immunity A parole agent was not entitled to qualified immunity from plaintiff's Fourth Amendment claims that he was wrongfully arrested and...

With marketing, there's a difference between strategizing and actually doing.
March 9, 2009... Byline: Ed Poll Marketers have frequently complained that they are not given a proverbial seat at the table of law firm management. Some months ago the Legal Marketing Association, in Strategies: The Journal of Legal Marketing, tried to...

Michigan Supreme Court's satellite offices will continue to orbit.
March 9, 2009... Byline: Todd C. Berg, Esq. The savings to Michigan taxpayers were neither real enough nor substantial enough to justify closure of the Michigan Supreme Court's satellite offices in Detroit and Traverse City, said Chief Justice Marilyn...

Alleged terrorist's right to speedy trial may derail U.S. prosecution.
March 9, 2009... Byline: Todd C. Berg, Esq. Analysis - Criminal Procedure Former alleged enemy combatant Ali Saleh Kahlah al-Marri, who has been in federal custody for more than seven years, may escape prosecution on terrorism charges because the U.S....

Attorney blames man's injuries on Pontiac club that used independent, unlicensed security guards.(Michigan)
March 9, 2009... Byline: Douglas J. Levy Verdicts & Settlements Plus A man celebrating his 21st birthday with a friend at a downtown Pontiac nightclub ended up in the hospital with a broken nose and a closed-head injury. He said he had no memory...

Mortgage 'cram-downs' could create havoc for busy bankruptcy firms in Michigan.
March 9, 2009... Byline: Carol Lundberg Bankruptcy lawyers are bracing for a flood of new filings by Michigan residents and small-business owners. Bankruptcy filings jumped by 20 percent from 2007 to 2008, and larger increases are likely this year. ...

Michigan Lawyers in the News: March 9, 2009.
March 9, 2009... Byline: Michigan Lawyers Weekly Staff Appointments Donna B. Howard of Straub, Seaman & Allen, P.C. was appointed to the board of directors of the Cornerstone Chamber of Commerce. Honors Warner Norcross & Judd LLP has...

Michigan Attorney General Opinions: March 9, 2009.
March 9, 2009... Byline: Michigan Lawyers Weekly Staff Appropriations Line- Item Veto - Transmittal Letter Upon returning to the Legislature an appropriation bill in which certain line items have been vetoed, the Governor may include in her...

Michigan Court Of Appeals Case Summaries: March 9, 2009.
March 9, 2009... Byline: Michigan Lawyers Weekly Staff Criminal Law Armed Robbery - Evidence A police officer's observations supported a reasonable inference that defendant and others disposed of a shotgun and shells at a gas station after a...

Michigan Court Of Appeals Unpublished Civil Case Summaries: March 9, 2009.
March 9, 2009... Byline: Michigan Lawyers Weekly Staff Civil Procedure No Case In Controversy - Parking Violation Plaintiff is not entitled to a declaratory judgment on his claim that the city of Detroit's municipal parking department has no...

Michigan Court Of Appeals Unpublished Criminal Case Summaries: March 9, 2009.
March 9, 2009... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery; Felon In Possession Of A Firearm; Felony Firearm. Identity. Both victims identified defendant at trial. They were positive of their identifications. They had...

U.S. Court of Appeals 6th Circuit Case Summaries: March 9, 2009.
March 9, 2009... Byline: Michigan Lawyers Weekly Staff Insurance Long-Term Disability - Benefits Improperly Denied The federal district court properly concluded that Sun Life's denial of plaintiff's application for long-term disability benefits...

Verdicts & Settlements March 9, 2009: Man settles with club for injuries after ejection.
March 9, 2009... Byline: Michigan Lawyers Weekly Staff $250,000 On Aug. 6, 2006, plaintiff Wissam Kinaya was celebrating his 21st birthday with a friend at Vision Night Club, a downtown Pontiac club owned and operated by defendant Eagle Theater...

Verdicts & Settlements March 9, 2009: Dearth of lifeguards blamed for drowning.
March 9, 2009... Byline: Michigan Lawyers Weekly Staff $3.5 million The plaintiff's decedent, a 30-year-old father of three, was attending a private function at the defendant recreational facility. The event included the use of the facility's swimming...

Verdicts & Settlements March 9, 2009: Jury: Woman's injuries didn't pass threshold.
March 9, 2009... Byline: Michigan Lawyers Weekly Staff No cause This third-party no-fault case stems from a Jan. 31, 2005, motor-vehicle accident in Lansing Township involving plaintiff Barbara A. Otterman and defendant Steven L. Reed. Otterman...

Commentary: savings from satellite offices closure not worth cost to judicial efficiency.(Michigan)
March 9, 2009... Byline: Paul A. Rosen, Esq. I write on behalf of the Michigan Chapter of American Board of Trial Advocates (ABOTA). We oppose closing the Michigan Supreme Court's satellite offices, which are located in areas outside of Lansing where some...

Michigan Leaders in the Law 2009: Dennis W. Archer, Detriot.
March 16, 2009... Byline: Carol Lundberg Dickinson Wright, Detroit Practice specialty: Commercial and business litigation, appellate litigation, alternative dispute resolution, labor and employment law Law school: Detroit College of Law, 1970 ...

Michigan Leaders in the Law 2009: Henry Baskin, Birmingham.
March 16, 2009... Byline: Michigan Lawyers Weekly Staff The Baskin Law Firm, Birmingham Practice specialty: Family law Law school: Wayne State University, 1958 A beautiful young Lathrup Village woman sat in the law office with her father, a...

Michigan Leaders in the Law 2009: Richard H. Bernstein, Farmington Hills.
March 16, 2009... Byline: Megan Pennefather The Bernstein Law Firm, Farmington Hills Practice specialty: Pro bono, ADA compliance, disability rights Law school: Northwestern University, 1999 The scene is Northwestern University in the late...

Michigan Leaders in the Law 2009: James L. Borin, Troy.
March 16, 2009... Byline: Michael McConnell Garan Lucow Miller P.C. , Troy Practice specialty: Michigan No-Fault Insurance Act Law school: Detroit College of Law, 1972 Most attorneys who specialize in Michigan's no-fault insurance law probably...

Michigan Leaders in the Law 2009: James S. Brady, Grand Rapids.
March 16, 2009... Byline: Megan Pennefather Miller Johnson, Grand Rapids Practice specialty: Litigation Law school: Notre Dame, 1969 Jim Brady saw the woman each day of the trial, and he made sure to say hello to her. Even now, more than 30...

Michigan Leaders in the Law 2009: Norman Fell, Lansing.
March 16, 2009... Byline: Douglas J. Levy The Thomas M. Cooley Law School, Lansing Practice specialty: Professor emeritus, chair of the Clinical Department, executive director of The Innocence Project at Cooley Law school: Wayne State University,...

Michigan Leaders in the Law 2009: Herschel P. Fink, Detroit.
March 16, 2009... Byline: Christy Strawser Honigman, Miller, Schwartz and Cohn, LLP, Detroit Practice specialty: Media law Law school: Michigan State University, 1972 Kwame Kilpatrick could be his own worst enemy - that is, unless Herschel Fink...

Michigan Leaders in the Law 2009: George A. Googasian, Bloomfield Hills.
March 16, 2009... Byline: Douglas J. Levy The Googasian Firm, P.C., Bloomfield Hills Practice specialty: Catastrophic injury/death, contractual and commercial disputes Law school: Northwestern University, 1961 Before plaintiff's attorney George...

Michigan Leaders in the Law 2009: Deborah L. Gordon PLC, Bloomfield Hills.
March 16, 2009... Byline: Christy Strawser Deborah L. Gordon PLC, Bloomfield Hills Practice specialty: employment and civil law plaintiff's litigation Law school: University of Detroit, 1976 Many people have a gut instinct about the right road...

Michigan Leaders in the Law 2009: Steven M. Gursten, Southfield.
March 16, 2009... Byline: Megan Pennefather Steven M. Gursten Michigan Auto Law (Gursten, Koltonow, Gursten, Christensen & Raitt, PC), Southfield Practice specialty: Personal-injury litigation Law school: Fordham University, 1995 He is a...

Michigan Leaders in the Law 2009: Carol L.J. Hustoles, Kalamazoo.
March 16, 2009... Byline: Christy Strawser Western Michigan University, Kalamazoo Practice specialty: In-house counsel, higher-education law Law school: University of Michigan, 1980 Anyone who wonders what makes attorney Carol L.J Hustoles a...

Michigan Leaders in the Law 2009: Ira J. Jaffe, Southfield.
March 16, 2009... Byline: Christy Strawser Jaffe, Raitt, Heuer & Weiss, Southfield Practice specialty: Business law Law school: University of Michigan, 1963 Ira Jaffe knows how to make it rain at the Southfield law firm he co-founded more than...

Michigan Leaders in the Law 2009: William R. Jansen, Southfield.
March 16, 2009... Byline: Jim Stasiowski Warner Norcross & Judd, Southfield Practice specialty: Commercial litigation, commercial and business counseling Law school: University of Michigan, 1976 William R. Jansen sounds so reasonable that when...

Michigan Leaders in the Law 2009: Deborah LaBelle, Ann Arbor.
March 16, 2009... Byline: Christy Strawser Law Offices of Deborah LaBelle, Ann Arbor Practice specialty: Human-rights law Law school: Wayne State University, 1979 Deborah LaBelle got a very early start in the role she has played most of her...

Michigan Leaders in the Law 2009: Judith E. Levy, Detroit.
March 16, 2009... Byline: Carol Lundberg U.S. attorney's office, Eastern District of Michigan, Detroit Practice specialty: Assistant U.S. attorney, civil-rights enforcement Law school: University of Michigan, 1996 If Judith Levy were working...

Michigan Leaders in the Law 2009: Gerard V. Mantese, Troy.
March 16, 2009... Byline: Christy Strawser Mantese and Rossman, P.C., Troy Practice specialty: Business litigation Law school: St. Louis University, 1982 Gerard Mantese could have settled for putting in a few pro bono hours when a friend asked...

Michigan Leaders in the Law 2009: Aleksandra A. Miziolek, Detroit.
March 16, 2009... Byline: Douglas J. Levy Dykema, Detroit Practice specialty: Corporate finance, mergers and acquisitions, infrastructure and project finance Law school: Wayne State University, 1980 Fittingly, the Detroit River is visible from...

Michigan Leaders in the Law 2009: Michael J. Morse, Southfield.
March 16, 2009... Byline: Jim Stasiowski Michael J. Morse P.C., Southfield Practice specialty: Personal-injury law concerning automobile, truck, pedestrian and motorcycle accidents, first and third party Law school: University of Detroit, 1992 ...

Michigan Leaders in the Law 2009: Patricia M. Nemeth, Detroit.
March 16, 2009... Byline: Elizabeth H. Voss Nemeth Burwell, P.C., Detroit Practice specialty: Management labor and employment law Law school: Wayne State University, J.D., 1984, LL.M. (labor law), 1990 Stephanie Zytowski started working at...

Michigan Leaders in the Law 2009: James R. Neuhard, Detroit.
March 16, 2009... Byline: Jim Stasiowski State Appellate Defender Office, Detroit Practice specialty: Appellate criminal defense Law school: University of Michigan, 1969 With James R. Neuhard, a conversation can turn into a contact sport. For...

Michigan Leaders in the Law 2009: Edward H. Pappas, Bloomfield Hills.
March 16, 2009... Byline: Michael McConnell Dickinson Wright PLLC, Bloomfield Hills Practice specialty: Commercial and business litigation, mediation and arbitration Law school: University of Michigan, 1973 Edward Pappas has won...

Michigan Leaders in the Law 2009: David L. Powers, Bay City.
March 16, 2009... Byline: Elizabeth H. Voss Smith, Martin, Powers & Knier, P.C., Bay City Practice specialty: Bankruptcy, business and commercial law, estate planning, probate and real estate Law school: University of Detroit, 1986 Through Save...

Michigan Leaders in the Law 2009: Mary Massaron Ross, Detroit.
March 16, 2009... Byline: Christy Strawser Plunkett Cooney, Detroit Practice specialty: Appellate Law school: Wayne State University, 1990 Mary Massaron Ross is a by-the-book attorney who believes everyone should follow the rules, although...

Michigan Leaders in the Law 2009: Paul H. Stevenson, Detroit.
March 16, 2009... Byline: Carol Lundberg Solo practitioner, Detroit Practice specialty: General practice, criminal defense Law school: University of Detroit, 1982 It would have been easy for Paul H. Stevenson to give up on believing....

Michigan Leaders in the Law 2009: Kym L. Worthy, Detroit.
March 16, 2009... Byline: Megan Pennefather Wayne County Prosecutor, Detroit Practice specialty: Prosecuting attorney Law school: Notre Dame, 1984 Against a blinding glare of television cameras, a nation's bruised trust and a jittery city...

Banks in Michigan back out of foreclosures, before and after completion.
March 16, 2009... Byline: Carol Lundberg Wells Fargo has turned the tables on a borrower who defaulted on his mortgage, and has won a consent judgment to rescind the 2007 foreclosure on the property. The judgment opens the door for the lender to do one...

Michigan Court of Appeals rules same-sex-marriage ban doesn't prohibit custody lawsuit.
March 16, 2009... Byline: Todd C. Berg, Esq. Michigan law does not allow same-sex partners to marry or jointly adopt children, but it does allow them to use the courts to fight over who gets custody of the children they adopted in another state. In...

Tough but necessary advice.
March 16, 2009... Byline: Douglas J. Levy What Robert B. Stevenson has seen over the past few years has been ugly. "I've gone through down cycles on a couple of occasions before, and I'm sure it's no secret to anyone that this is the pits," said the...

U.S. Supreme Court's Wyeth v. Levine decision: a bitter pill.
March 16, 2009... Byline: Carol Lundberg The U.S. Supreme Court's Wyeth v. Levine decision gives no help at all to Michigan lawyers and clients seeking to sue pharmaceutical companies for injuries caused by drugs approved by the federal Food and Drug...

Maintaining a blog takes a regular commitment of nonbillable time, but lawyer bloggers say it's wort.(Michigan)
March 16, 2009... Byline: Michelle Lore You're a busy lawyer. You've got a deposition this morning, a client meeting this afternoon and a legal brief due tomorrow. Is it really worth it, then, to spend time nearly every day in front of a computer adding...

Commentary: software patents and protections still in flux.
March 16, 2009... Byline: Charles A. Bieneman, Esq. The patentability of computer software affects almost every business in the United States. In the past decade or so, more and more businesses, in such areas as finance, retail, engineering,...

Commentary: 'super drunk' situation: will charges be reduced?(Michigan)
March 16, 2009... Byline: Patrick T. Barone, Esq. On Jan. 9, Gov. Jennifer M. Granholm signed what is now known as Michigan's "super drunk" law. It amends several sections of Michigan's drunken-driving laws, and, more notably, adds a new crime for...

In weak economy, strengthening client relationships should be a top priority.
March 23, 2009... Byline: Jay T. Wager This year, the business development emphasis for lawyers is to strengthen existing client relationships. This should be a top priority regardless of economic conditions: As new work opportunities slacken, the...

Back on the bench for 48th Circuit Court Judge William A. Baillargeon.(Michigan)
March 23, 2009... Byline: Douglas J. Levy Last November, a mere 0.6 percent margin of Allegan County voters was all it took to put 48th Circuit Court Judge William A. Baillargeon among the ranks of Michigan's unemployed. But two months after family-law...

Michigan Court of Appeals plaintiff signed away ability to sue when he released 'all other persons'.
March 23, 2009... Byline: Carol Lundberg Thomas Shay didn't mean for the three police officers he said beat him to be let off the hook. He didn't mean to say that he would end the pursuit of a settlement with the officers and their employer. But that's...

Grievance Commission seeks changes to address lawyer depression in Michigan.
March 23, 2009... Byline: Carol Lundberg It's a story Richard B. Poling Jr. is hearing all too frequently these days. A lawyer isn't returning phone calls, and a client files a complaint. The Attorney Grievance Commission, which Poling chairs, investigates...

Michigan Supreme Court takes up justice disqualification.
March 23, 2009... Byline: Carol Lundberg The Michigan Supreme Court is taking up the long-debated issue of judge recusal. The court issued a 39-page order March 18 stating that it will, for the first time, take public comments until Aug. 1, 2009, about...

Despite physician-patient privilege, subpoenas may require disclosure.(Michigan)
March 23, 2009... Byline: Todd C. Berg, Esq. The question on some doctors' minds when it comes to the inviolability of the physician-patient privilege is whether they're more like psychologists than dentists. In a pair of published opinions - one from...

Ruling creates double standard for taking city property, says Menominee attorney.(Michigan)
March 23, 2009... Byline: Todd C. Berg, Esq. Under a Michigan Court of Appeals ruling, a person stands a much better chance of acquiring to city property if he sues to quiet title based on the doctrine of acquiescence, rather than on the adverse possession...

When defining value, the question is: value for whom?(lawyers' fees)
March 23, 2009... Byline: Ed Poll Some time ago, I wrote about the Association of Corporate Counsel's self-proclaimed "revolution" embodied in its Value Challenge, a concerted effort to better integrate law-firm billings with corporate clients' perceptions...

U.S. District Court, Western District of Mich. awards $6.1M to baseball hitting-machine manufacturer.
March 30, 2009... Byline: Douglas J. Levy Verdicts & Settlements Plus When preparing for a multimillion-dollar patent-infringement case concerning an exclusive baseball speed-and-impact measuring machine, patent-infringement attorney Andrew Kochanowski...

Lost-opportunity case in Michigan Court of Appeals raises evidence issue.
March 30, 2009... Byline: Todd C. Berg, Esq. Med-Mal Law - Analysis Medical-malpractice legal specialists say the Michigan Court of Appeals' consideration of survival-rate statistics evidence in a lost-opportunity-for-a-better-result case may have been...

Sorting out the stimulus spending bill in Michigan.
March 30, 2009... Byline: Carol Lundberg Michigan can use two things: hope and cash. Both are on the way, as money from the federal stimulus package starts to make its way into Michigan development and business development projects. But figuring...

Michigan Lawyers Weekly salutes warrior to the indigent.
March 30, 2009... Byline: Carol Lundberg Michigan's public defense system was broken before James R. Neuhard took over the State Appellate Defender's Office (SADO) in 1972. He figures it's been broken for some 40 years or more. He's been trying to fix...

Michigan lawyers appeal to Washington subcommittee for money to fairly fund indigent criminal defense.
March 30, 2009... Byline: Carol Lundberg Too many states fall far below an adequate standard of indigent defense counsel, and Michigan is one of them. Dennis W. Archer last week pleaded the state's case in his testimony to the House Judiciary...

Michigan Lawyers in the News: March 30, 2009.
March 30, 2009... Byline: Michigan Lawyers Weekly Staff Appointments Leland Prince of Berry Moorman P.C. was appointed to the Novi City Planning Commission. Elections Dennis P. Brescoll of Brescoll & Brescoll, P.C. was elected chairman of the...

Michigan Court of Appeals Case Summaries: March 30, 2009.
March 30, 2009... Byline: Michigan Lawyers Weekly Staff Administrative Law Developmental Disability - Determination A woman who has the mental, but not the physical, capacity to live independently, should have been adjudged as developmentally...

Michigan Court Of Appeals Unpublished Civil Case Summaries: March 30, 2009.
March 30, 2009... Byline: Michigan Lawyers Weekly Staff Administrative Law Construction Code - No Standing The Michigan Construction Code Commission correctly ruled that petitioner lacks standing to sue under the Michigan Residential Code (MRC) and...

Michigan Court Of Appeals Unpublished Criminal Case Summaries: March 30, 2009.
March 30, 2009... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Assault With Intent To Murder; Carrying A Dangerous Weapon With Unlawful Intent; Habitual Offender, Second Offense. Intent. "Although there was evidence that defendant consumed...

U.S. Court of Appeals 6th Circuit Case Summaries: March 30, 2009.
March 30, 2009... Byline: Michigan Lawyers Weekly Staff Bankruptcy Appeals - Final Order The bankruptcy court's order disqualifying a law firm from representing a party is not a final order that can be appealed. Therefore, the law firm's appeal...

Investing in a marketing assistant keeps client stream from slowing to a trickle.
March 30, 2009... Byline: Michigan Lawyers Weekly Staff Business of Law By Mark Powers and Shawn McNalis In modern law firms, one important predictor of how profitable an attorney will be is how well "leveraged" he or she is, not only with...

Buying into firm means doing so with open eyes.
March 30, 2009... Byline: Ed Poll The financial turmoil that law firms, along with the rest of the economy, are experiencing today may lead to a reassessment of the conventional wisdom that every lawyer should want to become a partner. The essence of...