Michigan Lawyers Weekly articles from May 2004

Michigan Lawyers Weekly archives from May 2004

U.S. District Court Case Summaries: May 3, 2004.
May 3, 2004... Byline: Michigan Lawyers Weekly Staff Chapter 11 Core And Non- Core Proceedings - Determination Where the unsecured creditors' committee seeks a determination whether their causes of action in this adversarial proceeding are core...

U.S. District Court Case Summaries: May 3, 2004.
May 3, 2004... Byline: Michigan Lawyers Weekly Staff Bankruptcy Chapter 7 - No Bad- Faith Filing Where the debtor became liable to his employer, a public university, for $380,000 in mediation sanctions in an underlying employment discrimination...

Reinstated worker can sue for retaliation, rules 6th Circuit.
May 3, 2004... Byline: Traci R. Gentilozzi Even though an employer reinstated a female employee to her former position with back pay after suspending her for 37 days, the employee could still sue for retaliation because the suspension was an "adverse...

First-party plaintiff cannot relitigate third-party issue, rules Michigan Supreme Court.
May 3, 2004... Byline: Lynn Patrick Ingram An insurance company was not required to pay PIP benefits to its insured where the insured, in a separate third-party action, was found to have suffered no injury, the Michigan Supreme Court has decided. The...

Michigan Lawyers In The News: May 3, 2004.
May 3, 2004... Byline: Michigan Lawyers Weekly Staff Appointments Daniel M. Share has been appointed to the Oakland Schools Board of Education. Share, with Barris, Sott, Denn & Driker, P.L.L.C., in Detroit, concentrates his practice on real...

Michigan Attorney Discipline Board Case Summaries: May 3, 2004.
May 3, 2004... Byline: Michigan Lawyers Weekly Staff Misconduct Level Of Discipline - Revocation Where respondent pleaded no contest to allegations that he neglected client matters, failed to return unearned fees, and did not notify a client of...

Attorney's behavior required revocation, rules Michigan Attorney Discipline Board.
May 3, 2004... Byline: Michigan Lawyers Weekly Staff Even though an attorney's individual transgressions did not require revocation of his license to practice law, his behavior as a whole did require such action, the Attorney Discipline Board has...

Michigan Supreme Court Case Summaries: May 3, 2004.
May 3, 2004... Byline: Michigan Lawyers Weekly Staff Civil Procedure Collateral Estoppel - Mutuality Not Required For Defensive Use Where a jury in plaintiff's no-fault case for third-party damages specifically found that he was not injured in...

U.S. Court of Appeals 6th Circuit Case Summaries: May 3, 2004.
May 3, 2004... Byline: Michigan Lawyers Weekly Staff Civil Procedure Res Judicata - Prior Bankruptcy Where plaintiffs filed various state-law claims against a large health care provider, which subsequently spun off a subsidiary that filed for...

Michigan Supreme Court set to determine serious impairment threshold.
May 3, 2004... Byline: Karen M. Poole The Michigan Supreme Court recently heard oral arguments in two cases which will determine the threshold required to allege a "serious impairment of a body function" under the No-Fault Act, MCL 500.3135(7). ...

Michigan Court of Appeals Case Summaries: May 3, 2004.
May 3, 2004... Byline: Michigan Lawyers Weekly Staff Administrative Law Due Process - Termination Of WIC Contract Where the Department of Community Mental Health administratively terminated petitioner's contract to be a vendor for the Women,...

Michigan Supreme Court Orders: May 3, 2004.
May 3, 2004... Byline: Michigan Lawyers Weekly Staff Notice Of Revocation And Restitution Case Nos. 03-106-AI; 03-157-JC Notice Issued: April 19, 2004 Gretchen Detgen, P 38053, St. Joseph, Michigan, by the Attorney Discipline Board Berrien...

Legal-mal suit not limited to four corners, rules Michigan Court of Appeals.
May 10, 2004... Byline: Sonny N. Sheth The beneficiaries of a decedent's estate may use extrinsic evidence in their legal malpractice action against the law firm that drafted the decedent's estate plan, the Michigan Court of Appeals has ruled. The...

City immune from liability for defective traffic signal, rules Michigan Court of Appeals.
May 10, 2004... Byline: Michigan Lawyers Weekly Staff A city was governmentally immune from liability for failure to maintain an inoperative traffic signal at an intersection where a passenger was injured in a car accident, the Michigan Court of Appeals...

Drunk driver not liable for damage to ambulance, rules Michigan Supreme Court.
May 10, 2004... Byline: Karen M. Poole A drunk driver who collided with an ambulance was immune from liability for damage to the ambulance because he did not intentionally cause the collision, the Michigan Supreme Court has decided The ambulance's...

Michigan Supreme Court Orders: May 10, 2004.
May 10, 2004... Byline: Michigan Lawyers Weekly Staff Reversals And Remands Attorney Grievance McClary v. The Title Office. SC: 120801; COA: 234602; Washtenaw CC: 99-10618-CZ. By order of April 9, 2003, the application for leave to appeal was...

U.S. Court of Appeals Case Summaries 6th Circuit: May 10, 2004.
May 10, 2004... Byline: Michigan Lawyers Weekly Staff Communications Interconnection Agreements - Invalid Order Where the Michigan Public Service Commission's order forced plaintiff to pay reciprocal compensation to defendant for the costs of...

U.S. District Court Case Summaries: May 10, 2004.
May 10, 2004... Byline: Michigan Lawyers Weekly Staff Chapter 11 No Conversion - 'Farmer' Where the debtors, who are involved in a joint venture, are "farmers," they may not convert their Chapter 11 bankruptcies to Chapter 7 bankruptcies under 11...

U.S. District Court Case Summaries: May 10, 2004.
May 10, 2004... Byline: Michigan Lawyers Weekly Staff Chapter 13 Jurisdiction - Mortgage Priority Where the debtor filed this adversary proceeding asking the court to determine the validity and priority of the mortgage on her home, the case is...

Michigan Lawyers In The News: May 10, 2004.
May 10, 2004... Byline: Michigan Lawyers Weekly Staff Appointments Stephen G. Palms and Brian S. Westenberg have been appointed deputy resident directors of Miller, Canfield, Paddock and Stone, P.L.C.'s Troy office. Palms centers his practice on...

Michigan Supreme Court Case Summaries: May 10, 2004.
May 10, 2004... Byline: Michigan Lawyers Weekly Staff Civil Procedure Mediation Sanctions - Assessable Costs Where plaintiff claimed the attorney fees he incurred both before and after mediation were assessable costs for purposes of determining...

Commentary: Coverage pitfalls that may create professional liability issues.
May 10, 2004... Byline: Douglas Young Many lawyers, while zealous in the prosecution or defense of claims on behalf of their clients, often fail to consider insurance coverage issues that may arise in the course of litigation. If these issues are...

Verdicts & Settlements May 10, 2004: Auto neg matter settles for $500K.
May 10, 2004... Byline: Michigan Lawyers Weekly Staff The plaintiff, a 34-year-old power washer, was rear-ended while a passenger. The case evaluation panel recommended $200,000. The only issue was damages for a family man who may never return to heavy...

Plaintiff can sue IME for medical malpractice, rules Michigan Supreme Court.
May 10, 2004... Byline: Lynn Patrick Ingram A plaintiff who claimed he was injured during an independent medical examination can sue the doctor for medical malpractice, even though a traditional physician-patient relationship did not exist, the Michigan...

Michigan Court of Appeals Case Summaries: May 10, 2004.
May 10, 2004... Byline: Michigan Lawyers Weekly Staff Administrative Law Judges Retirement Board - Transfer Of Service Credit Where petitioner-judge sought to transfer six months of credit for service as a county public defender for pension...

Verdicts & Settlements May 10, 2004: General contractor gets $2.1M arbitration.
May 10, 2004... Byline: Michigan Lawyers Weekly Staff Plaintiff general contractor constructed a 14-building apartment complex near Michigan State University for student housing use. Near the conclusion of the construction project, the defendant/owner...

Verdicts & Settlements May 10, 2004: $9.7M settlement for insurance class action.
May 10, 2004... Byline: Michigan Lawyers Weekly Staff The plaintiff asserted claims on behalf of a class of persons that the defendant insurance company misled primarily older individuals into purchasing annuities with discriminatorily low benefits. ...

Michigan Appellate Bench-Bar meeting attendees privy to inside tips.
May 17, 2004... Byline: Karen M. Poole Perhaps the best thing about this year's Michigan Appellate Bench Bar Conference was the straight-forward advice provided by the justices, judges and staffers from the state's appellate courts, practitioners tell...

Plaintiff can't get mediation sanctions, rules Michigan Supreme Court.
May 17, 2004... Byline: Michigan Lawyers Weekly Staff A plaintiff was not entitled to mediation sanctions because the verdict and "assessable costs" combined were more than 10 percent below the case evaluation award, the Michigan Supreme Court has decided...

Notice of non-party fault wasn't required, rules Michigan Court of Appeals.
May 17, 2004... Byline: Lynn Patrick Ingram A defendant was not required to file a notice of non-party fault where it claimed a third party was the sole proximate cause of a fire, the Michigan Court of Appeals has ruled. The plaintiffs argued that the...

Michigan Lawyers In The News: May 17, 2004.
May 17, 2004... Byline: Michigan Lawyers Weekly Staff Honors Several Dickinson Wright PLLC attorneys have been recognized in the Second Annual Chambers USA; A Guide to America's Leading Business Lawyers. They include William P. Shield Jr. -- banking...

JTC not entitled to blanket privilege, rules U.S. District Court for Western District of Michigan.
May 17, 2004... Byline: Michigan Lawyers Weekly Staff A plaintiff who filed a request for investigation with the Judicial Tenure Commission (JTC) regarding a judge's alleged conduct may examine the JTC's investigative records, but must keep the materials...

Michigan Court of Appeals Case Summaries: May 17, 2004.
May 17, 2004... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery; Felonious Assault; Felony Firearm. Jury. "Defendant first argues that the trial court violated his constitutional rights to equal protection and a fair trial...

Michigan Supreme Court Orders: May 17, 2004.
May 17, 2004... Byline: Michigan Lawyers Weekly Staff Administrative Orders ADM File No. 2004-04 Administrative Order No. 2004-2 Approval of the Adoption of Concurrent Jurisdiction Plans for Barry, Berrien, Isabella, Lake, and Washtenaw...

U.S. District Court Case Summaries: May 17, 2004.
May 17, 2004... Byline: Michigan Lawyers Weekly Staff Employment Sexual Harassment - Claim Contractually Barred Where plaintiff-employee sued defendant-employer for sexual harassment more than six months after she resigned, her claim is precluded...

Commentary: Lawyer indemnification agreements.
May 17, 2004... Byline: Marcia L. Proctor In certain circumstances lawyers may seek indemnification for activities arising out of the legal representation. Two ethics rules directly bear on such agreements. MRPC 1.8(h)(1) states: "(1)A lawyer...

Michigan Supreme Court Case Summaries: May 17, 2004.
May 17, 2004... Byline: Michigan Lawyers Weekly Staff Criminal Law Felony Firearm - Aiding And Abetting Where defendants in these consolidated cases, People v. Moore and People v. Harris, were convicted of felony firearm on aiding and abetting...

U.S. Court of Appeals 6th Circuit Case Summaries: May 17, 2004.
May 17, 2004... Byline: Michigan Lawyers Weekly Staff Arbitration Employment Contract - Title VII Action Where (1) a restaurant manager alleged she was sexually harassed and constructively discharged, (2) she filed a Title VII action against her...

U.S. District Court Case Summaries: May 24, 2004.
May 24, 2004... Byline: Michigan Lawyers Weekly Staff Labor Arbitration - Award Confirmed Where plaintiff-union seeks to confirm an arbitrator's determination that defendant-broadcasting corporation fired one of its union members without just...

Township's condemnation action must be dismissed, rules Wayne County Circuit Court.
May 24, 2004... Byline: Michigan Lawyers Weekly Staff An island township was not entitled to condemn a private bridge, even though it does not own a bridge and the county's bridge might be closed for several months, the Wayne County Circuit Court has...

Michigan governor rectifies confusion created by 'Gladych' decision.
May 24, 2004... Byline: Sonny N. Sheth Gov. Jennifer Granholm recently signed into law a bill that amends the Revised Judicature Act and clears up confusion about when the statute of limitations in a civil action is officially tolled. The confusion...

'Stressed' worker can get comp benefits, rules Michigan Court of Appeals.
May 24, 2004... Byline: Lynn Patrick Ingram An employee was entitled to worker's compensation benefits for a mental disability because the stressors he encountered at work were real events that reasonably translated into depression, the Michigan Court of...

Man who jumped from car can get PIP benefits, rules Michigan Court of Appeals.
May 24, 2004... Byline: Karen M. Poole A passenger who jumped out of a moving vehicle while intoxicated may collect personal injury protection benefits for his injuries, the Michigan Court of Appeals has concluded in a decision recently approved for...

Michigan Court of Appeals Case Summaries: May 24, 2004.
May 24, 2004... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery; Felonious Assault. Jury Instruction. "Defendant argues that the trial court committed error requiring reversal when, during jury deliberations, the court...

U.S. Court of Appeals Case Summaries 6th Circuit: May 24, 2004.
May 24, 2004... Byline: Michigan Lawyers Weekly Staff Criminal Law Jury Selection - No 'Batson' Violation Where the federal district court granted the government's peremptory challenge against a potential African-American juror, we affirm because...

Verdicts & Settlements May 24, 2004: Securities matter nets $1.5M settlement.
May 24, 2004... Byline: Michigan Lawyers Weekly Staff Type of action: Securities fraud class action Type of injuries: Loss of investment value Name of case: In re Federal Mogul Securities Litigation Court/case no./date: U.S. District Court for...

U.S. District Court Case Summaries: May 24, 2004.
May 24, 2004... Byline: Michigan Lawyers Weekly Staff Chapter 7 Exemptions - Tenancy By The Entireties Where spouses hold real property by a tenancy by the entireties and only one spouse files a bankruptcy petition, the filing severs the...

Commentary: 'Psst ... Can we keep a secret?': Protecting clients' information.
May 24, 2004... Byline: Bruce L. Dorner As lawyers we have a rather rigid code of conduct. We're required to protect confidential client communications along with many other items of esoteric data. We've recently encountered a sweeping federal regulation...

Verdicts & Settlements May 24, 2004: No cause issued in personal injury/auto neg case.
May 24, 2004... Byline: Michigan Lawyers Weekly Staff The defendant attempted a left turn from a gas station onto a congested street. He was waved through a gap in traffic by an unidentified driver. As he was in the process of making his left turn and...

Verdicts & Settlements May 24, 2004: Auto neg matter results in $1.25M verdict.
May 24, 2004... Byline: Michigan Lawyers Weekly Staff The plaintiff was rear-ended by a chain collision caused by a tractor-trailer rig as she sat at a red traffic light. The plaintiff was a 55-year-old single woman who worked in a factory, but was...

Michigan Lawyers In The News: May 24, 2004.
May 24, 2004... Byline: Michigan Lawyers Weekly Staff Appointments William J. Danhof has been appointed to serve a five-year term on the United States Holocaust Memorial Council. Danhof is a principal with Miller, Canfield, Paddock and Stone,...

U.S. Supreme Court Case Summaries: May 24, 2004.
May 24, 2004... Byline: Michigan Lawyers Weekly Staff Municipal Law Toll Bridge - Condemnation Where an island township instituted a condemnation action to acquire a privately owned toll bridge, the case is dismissed because the township abused...

Verdicts & Settlements May 24, 2004: $233K verdict for slip & fall.
May 24, 2004... Byline: Michigan Lawyers Weekly Staff Plaintiff Chester Geer fell on the defendant's premises while applying for a job. The fall was caused by a rug that had water underneath the rubber backing. The fall occurred on a delivery day. The...

U.S. Court of Appeals 6th Circuit Case Summaries: May 31, 2004.
May 31, 2004... Byline: Michigan Lawyers Weekly Staff Bankruptcy Chapter 13 - Default Judgment Where a debtor defaulted on his Chapter 13 plan due to health problems beyond his control and later cured the plan defaults, we are not left with a...

U.S. District Court Case Summaries: May 31, 2004.
May 31, 2004... Byline: Michigan Lawyers Weekly Staff Labor Section 301 - Claims Dismissed Where plaintiff sued defendant-employer for allegedly breaching the collective bargaining agreement by failing to contact a union representative and also...

U.S. District Court Case Summaries: May 31, 2004.
May 31, 2004... Byline: Michigan Lawyers Weekly Staff Attorneys Legal Services Contract - Interference Claim Where plaintiff-attorneys sued defendant-attorneys and defendant-judges for allegedly interfering with their legal services contract with...

Verdicts & Settlements May 31, 2004: Premises liability case gets no cause.
May 31, 2004... Byline: Michigan Lawyers Weekly Staff The plaintiff injured herself while attending her brother-in-law's funeral at Resurrection Cemetery in Clinton Township. The plaintiff claimed that, as she proceeded along the sidewalk, she...

Michigan Lawyers In The News: May 31, 2004.
May 31, 2004... Byline: Michigan Lawyers Weekly Staff Appointments The following attorneys have been appointed to the Workers' Compensation Appellate Commission: James Kent, East Lansing; Martha Glaser, Farmington Hills; Rodger Will, Grosse Ile;...

Michigan Supreme Court Case Summaries: May 31, 2004.
May 31, 2004... Byline: Michigan Lawyers Weekly Staff Negligence Duty - Unforeseeable Injuries Where a truck severed an overhead electrical line 25 feet in the air, and a sensor briefly re-energized the line three times, causing electricity to...

Verdicts & Settlements May 31, 2004: $500K letter of credit case dismissed.
May 31, 2004... Byline: Michigan Lawyers Weekly Staff The plaintiff was the beneficiary of a stand-by letter of credit issued by defendant Standard Federal bank. The letter provided that the bank must honor a sight draft for "all or any part of the...

MCL 339.2412(1) doesn't preclude builder's lawsuit, rules Michigan Court of Appeals.
May 31, 2004... Byline: Lynn Patrick Ingram A builder was entitled to file suit seeking compensation from the owners of a home he constructed, even though he did not have his residential builder's license at the time the contract was signed, the Michigan...

Deadbeat dad's money problems irrelevant, rules Michigan Court of Appeals.
May 31, 2004... Byline: Michigan Lawyers Weekly Staff A deadbeat dad who was prosecuted for failure to pay child support should not have been allowed to introduce evidence of his inability to pay, the Michigan Court of Appeals has ruled in an issue of...

High-powered entertainment lawyer doing what he loves.
May 31, 2004... Byline: Sonny N. Sheth Howard Hertz Bloomfield Hills Education: Wayne State University Law School (1976); Wayne State University (1972) Experience: Hertz, Schram and Saretsky (1979 - present); sole practitioner (1978-79); Legal...

Electric co. not liable for power line injury, rules Michigan Supreme Court.
May 31, 2004... Byline: Karen M. Poole A plaintiff who was standing on damp ground when a dump truck severed a power line cannot recover for injuries that occurred when the power line was not immediately de-energized, the Michigan Supreme Court has ruled...

Michigan Court of Appeals Case Summaries: May 31, 2004.
May 31, 2004... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Criminal Sexual Conduct, First Degree. Later Endorsement Of Prosecution Expert Witness. "MCL 767.40a(4) provides that: 'The prosecuting attorney may add or delete from the list...

Michigan Supreme Court Orders: May 31, 2004.
May 31, 2004... Byline: Michigan Lawyers Weekly Staff Rehearing Denied Rehearing No. 502 Martin v. Beldean. SC: 120932; COA: 222960; Oakland CC: 98-007800-CH. In this cause, a motion for rehearing is considered and it is DENIED. Rehearing...

Verdicts & Settlements May 31, 2004: Laborer settles personal injury claim for $1.45M.
May 31, 2004... Byline: Michigan Lawyers Weekly Staff Plaintiff David Lauth, age 44, was a pedestrian who was working for an excavating contractor at Detroit Metropolitan Airport. The plaintiff claimed that defendant truck driver Timothy Meyers was...

Verdicts & Settlements May 31, 2004: $1.5M in brain injury damage settlement.
May 31, 2004... Byline: Michigan Lawyers Weekly Staff Plaintiff John Penner was assigned to a construction project for the Wayne County Road Commission. Penner was working as a field engineer testing ready mixed concrete as the concrete trucks deliver the...