Michigan Lawyers Weekly articles from May 2006

Michigan Lawyers Weekly archives from May 2006

Mich. judges apply equitable tolling doctrine to shield wrongful death med-mal claim from dismissal.
May 1, 2006... Byline: Todd C. Berg, Esq. Wrongful death medical-malpractice update In Mazumder v. University of Michigan Regents, et al., Judges Janet T. Neff and Alton T. Davis broke new ground in two ways when they applied the equitable tolling...

Michigan attorney gives tips on managing and minimizing pressure and anxiety.
May 1, 2006... Byline: Sheryl M. Vassallo Managing Your Practice In a world that revolves around statutes, deadlines and ever-changing rules and regulations, it's no wonder attorneys often feel the wrath of stress. Between juggling clients and...

Michigan debtors' lawyers say they have more tedious work since the bankruptcy reform.
May 1, 2006... Byline: Reni Gertner The first six months of life after bankruptcy reform are coming to a close -- and debtors' lawyers across the country say they now live in a world of more tedious work and time-consuming cases. Many lawyers have...

Michigan personnel and management changes.(Michael C. Haines reappointed at Michigan Oil and Gas Association)(Marjory G. Basile reappointed at State Bar of Michigan Board of Commissioners)(Nancy Diehl receives award)
May 1, 2006... Byline: Michigan Lawyers Weekly Staff Appointments Michael C. Haines has been reappointed to a two-year term as chairman of the Legal and Legislative Committee of the Michigan Oil and Gas Association. Haines, a member with Mika...

Michigan Court of Appeals case summaries: May 1, 2005.(Brown v. Samuel Whittar Steel, Inc)(workplace sexual assault case)(Village of Oxford v. Nathan Grove Family, L.L.C.,)(condemanation case)(Bajor v. Boussie)(defamation case)
May 1, 2006... Byline: Michigan Lawyers Weekly Staff Administrative Law Merchandise Coupons - Lottery Regulations The sale of merchandising coupons that also feature a game which gives the buyer an opportunity to win cash instantly violates MCL...

Michigan Court of Appeals unpublished case summaries: May 1, 2006.
May 1, 2006... Byline: Michigan Lawyers Weekly Staff Administrative Law Pension - No Superintending Control A retired district court judge was improperly granted a writ of superintending control against defendant-Waterford Township arising from...

Michigan Court of Appeals unpublished case summaries: May 1, 2006.
May 1, 2006... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery; Felon In Possession Of A Firearm; Felony Firearm. Prosecutorial Misconduct. "Defendant argues that the prosecutor made improper civic duty arguments during the...

U.S. Court of Appeals case summaries: May 1, 2006.(Van Hook v. Anderson)(habeas corpus case)(Churchwell v. Bluegrass Marine)(maritime law case)(Marshall v. Comm'r of Social Security)(social security case)
May 1, 2006... Byline: Michigan Lawyers Weekly Staff Bankruptcy Security Interest - Mobile Home A creditor's security interest in the Chapter 7 debtors' mobile home was properly perfected under an amendment to the Michigan Mobile Home Commission...

Michigan judge questions attorneys on jury selection regarding discrimination.
May 1, 2006... Byline: Mark P. Fancher Picture the scene: The judge is alarmed. Slowly he rises in his chair and scans the jury box. Peering intently over glasses perched on the bridge of his nose, he surveys the collection of newly selected jurors. He...

Verdicts & settlements May 1, 2006: Michigan jury rules no cause verdict for med-mal matter.(Estate of Stringfellow v. Owens)(medical malprcatice case)(Brief article)
May 1, 2006... Byline: Michigan Lawyers Weekly Staff The plaintiff's decedent was 51 when he presented to Oakwood Hospital's emergency room with a sudden onset of chest pain. Counsel said the decedent had a history of poorly controlled hypertension (due...

Verdicts & settlements May 1, 2006: Michigan jury rules no cause on auto negligence claim.(Rush v. Gowatch )(automobile negligence case)(Brief article)
May 1, 2006... Byline: Michigan Lawyers Weekly Staff The plaintiff claimed he was rear ended at 50 - 55 mph by the defendant and, as a result, suffered a closed head injury and sleep apnea. The defendant claimed he was slowing down for a light and...

Verdicts & settlements May 1, 2006: Michigan probate matter reaches $912K settlement.(Larson v. Larson )(breach of fiduciary duties case)(Brief article)
May 1, 2006... Byline: Michigan Lawyers Weekly Staff The petitioner in this probate action initiated proceedings by filing a petition seeking the removal of the trustee of a family trust. The petitioner alleged various breaches of fiduciary duties,...

Verdicts & settlements May 1, 2006: Michigan jury rules no cause in third-party auto negligence case.(Park v. Jafar)
May 1, 2006... Byline: Michigan Lawyers Weekly Staff This is an admitted negligence action, where the defendant rear-ended the plaintiff. After the plaintiff was rear-ended, he struck the median and rolled over, landing on the roof of his vehicle. ...

What kind of 'defect' is required to invoke highway exception to governmental immunity?
May 8, 2006... Byline: Todd C. Berg, Esq. Plaintiffs suing for negligent road maintenance under the highway exception to governmental immunity must allege not only that the governmental agency in charge of the roadway knew or should have known about the...

MI Court of Appeals rules 'words' can put employers on notice about violent employees.(Michigan)
May 8, 2006... Byline: Todd C. Berg, Esq. Employment Law Update Before she was sexually assaulted, Lisa Brown told her assailant's employer three times that her assailant had said he "'would want to f -- k me and pull my long hair,' that '[h]e liked...

MI Supreme Court Annual Report shows how judiciary is dealing with challenges.(Michigan)
May 8, 2006... Byline: Denise G. Callahan The Michigan Court of Appeals may have to downshift the "rocket docket" in light of revved up case filings and strained resources. Empirical evidence is always the best way of telling if a new plan or...

Michigan Lawyers in the News: May 8, 2006.(Legal Aid and Defender Association Inc)(Management Committee of Bowman and Brooke LLP)
May 8, 2006... Byline: Michigan Lawyers Weekly Staff Appointments Ann Parker has been reappointed to a three-year term as a board member of Legal Aid and Defender Association, Inc. Lawrence Mann and Thomas Branigan have been named members of the...

U.S. Bankruptcy Court Case Summaries: May 8, 2006.(Brief article)
May 8, 2006... Byline: Michigan Lawyers Weekly Staff Chapter 7 Automatic Stay - No Declaration By Court The court denies a creditor's motion for a declaration that the automatic stay concerning a prepetition vehicle loan has been terminated and...

Commentary: Demystifying the process of accepting credit cards as an attorney.
May 8, 2006... Byline: Chris Rempel If you deal with collecting retainers from your clients, accepting credit cards can be a very intimidating option to consider as a sole practitioner or small-firm attorney. The word "merchant service" has developed...

Verdicts & Settlements May 8, 2006: 'No cause' verdict for med-mal lawsuit.(Brief article)
May 8, 2006... Byline: Michigan Lawyers Weekly Staff The plaintiff alleged a failure to diagnose colon cancer in a 35-year-old ulcerative colitis patient. The patient had the disease for almost 20 years. A colonoscopy was recommended to the patient, and...

Verdicts & Settlements May 8, 2006: Negligence matter results in 'no cause'.(Brief article)
May 8, 2006... Byline: Michigan Lawyers Weekly Staff The 41-year-old plaintiff drove his bike into a broken area of the street near a manhole cover. The plaintiff's expert testified the area was reasonably safe and convenient for automobile travel, but...

Verdicts & Settlements May 8, 2006: $6.8M settlement for auto negligence case.(Brief article)
May 8, 2006... Byline: Michigan Lawyers Weekly Staff The plaintiff had taken his Jeep Cherokee in for service because there was a recall on the sending unit in the gas tank. The sending unit tells the gas gauge how much fuel is in the tank. One of...

Verdicts & Settlements May 8, 2006: Medical-malpractice suit settles for $1.9M.
May 8, 2006... Byline: Michigan Lawyers Weekly Staff This medical-malpractice birth asphyxia claim arose out of a one-hour delay in delivery of Twin B. An obstetrical ultrasound performed after the delivery of Twin A reported the presence of a single...

MI COA turns up heat on open and obvious nature of snow and ice.(Discussion)
May 15, 2006... Byline: Todd C. Berg, Esq. Open and obvious doctrine update The state of the law on the open and obvious hazard doctrine as it's applied in snow and ice cases hinges on the words of two judges: Michigan Court of Appeals Judge Deborah...

Fee agreements and what to do when clients won't pay.(Michigan)
May 15, 2006... Byline: Sheryl M. Vassallo Managing Your Practice Picture the scenario: You have a client with whom you have a good relationship. You've done good work for them. Bill time comes and you're waiting... and waiting... and waiting for...

Michigan Supreme Court rules common-law arbitration to survive.
May 15, 2006... Byline: Todd C. Berg, Esq. A business was entitled to unilaterally revoke its agreement to arbitrate where the arbitration agreement lacked the necessary language to bring it within the requirements of the Michigan Arbitration Act, the...

Michigan Court of Appeals Case Summaries: May 15, 2006.
May 15, 2006... Byline: Michigan Lawyers Weekly Staff Consumer Law Warranties - Disclaimer Defendants, a former dealer of a now-bankrupt car manufacturer, and the bank that financed plaintiffs' "as is" purchase of a car from the dealer, are not...

Michigan Court of Appeals (Unpublished Civil) Case Summaries: May 15, 2006.
May 15, 2006... Byline: Michigan Lawyers Weekly Staff Arbitration Sanctions - Modification Of Sanction Award An arbitrator's sanction of defendant for failing to attend a scheduled hearing without cause may not exceed the costs of the arbitrator...

MI Court of Appeals Unpublished Criminal Case Summaries: May 15, 2006:.
May 15, 2006... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Aggravated Assault. Sufficient Evidence. "Three witnesses testified that defendant hit Glover in the face with a glass during a bar fight that began between Glover, the...

MI Supreme Court Case Summaries: May 15, 2006.
May 15, 2006... Byline: Michigan Lawyers Weekly Staff Arbitration Common Law Arbitration - Unilateral Revocation Rule The Michigan arbitration act does not pre-empt common-law arbitration; those parties that wish to be governed by statutory...

U.S. Bankruptcy Court Case Summaries: May 15, 2006.
May 15, 2006... Byline: Michigan Lawyers Weekly Staff Chapter 13 Untimely Proof Of Claim - No Equitable Relief From Disallowance An unsecured creditor who filed a late proof of claim cannot seek equitable relief from the mandate of Sect....

U.S. Court of Appeals 6th Circuit Case Summaries: May 15, 2006.
May 15, 2006... Byline: Michigan Lawyers Weekly Staff Arbitration Enforcement Of Arbitration Clauses - State Law Governs Sixth Circuit precedent holding arbitration clauses unenforceable in federal civil rights cases where "the cost of arbitration...

U.S. District Court Eastern District Case Summaries: May 15, 2006.(Larocque v. City of Eastpointe)(Brief article)
May 15, 2006... Byline: Michigan Lawyers Weekly Staff Employment Discrimination And Retaliation - Claims Dismissed A former municipal worker's claims of hostile work environment sex discrimination and unlawful retaliation brought under Title VII...

U.S. District Court Western District Case Summaries: May 15, 2006.
May 15, 2006... Byline: Michigan Lawyers Weekly Staff Civil Procedure Settlement Agreement - Amount Published Where this court has approved a settlement but deferred entry of an order to determine whether the court was required to publish the...

Commentary: Can agreeing not to involve the police land you and your client in jail?
May 15, 2006... Byline: Brian Levine It is a common scenario for an employer to discover that it has civil claims against an employee or former employee that might also support criminal charges. Where an employee engages in embezzlement, for instance, the...

Verdicts & Settlements May 15, 2006: Slip and fall results in $180K award.(Chatman v. Greenfield Plaza)(Brief article)
May 15, 2006... Byline: Michigan Lawyers Weekly Staff This premises liability case involved a slip and fall on ice. The plaintiff owned a clothing store at the defendant's commercial building. As the plaintiff left work one night, he exited the...

Verdicts & Settlements May 15, 2006: No-fault matter settles for $300K.(Motdach v. Beasley, et al.)(Brief article)
May 15, 2006... Byline: Michigan Lawyers Weekly Staff The plaintiff -- a rough framing contractor who became totally disabled as a result of the accident -- was injured when a semi-tractor lost control and crossed the center line, striking multiple...

Verdicts & Settlements May 15, 2006: Defendant succeeds in criminal matter.(People v. Klotz)(Brief article)
May 15, 2006... Byline: Michigan Lawyers Weekly Staff The defendant was stopped for flashing high beams in a police officer's eyes. The defendant was asked to perform field sobriety tests, failing two out of five. The defendant refused PBT, and submitted...

Verdicts & Settlements May 15, 2006: $690K settlement for negligence suit.(Dinkfelt v. Hassig & Sons)
May 15, 2006... Byline: Michigan Lawyers Weekly Staff The plaintiff, a 36-year-old carpenter, was an employee of Woods Construction Company, the general contractor that was in the process of constructing its own new office building. While entering a...

Verdicts & Settlements May 15, 2006: Employment discrimination action nets $45K.(Cates v. STAT EMS, Michigan. Elliott-Larsen Civil Rights Act)(Brief article)
May 15, 2006... Byline: Michigan Lawyers Weekly Staff The plaintiff, a Native American, alleged that he was harassed in the workplace. He testified that he was called "Paco, the Indian," "the Chief," and "the Indian" by his supervisor and owners of the...

Michigan bill proposes affidavit of merit rule in professional malpractice suits.
May 22, 2006... Byline: Denise G. Callahan Legislative Preview A new bill blew into town last month and if it grows legs and passes, plaintiffs will need an affidavit of merit if they want to sue the butcher, the baker or the candlestick maker. ...

Enthusiastic attorney has built career on defending his comrades.(Interview)
May 22, 2006... Byline: Sheryl M. Vassallo Practice Profile Harvey R. Heller knew early on that he wanted to make a career of defending lawyers. And, for attorneys everywhere, it's a good thing he did. Heller, whose practice focuses predominantly...

Employer concerns grow with increased employee Internet use.
May 22, 2006... Byline: Correy E. Stephenson This story was originally published in Lawyers Weekly USA, another Dolan Media Company publication. Managing Your Practice If you're at work reading this story on the Internet, you may be in trouble....

Attorney Discipline Board Case Summaries: May 22, 2006.
May 22, 2006... Byline: Michigan Lawyers Weekly Staff Final Notice Of Suspension Case No. 05-66-GA Notice Issued: April 10, 2006 James H. Richards, P 35176, Jenison, Michigan, by the Attorney Discipline Board modifying Kent County Hearing...

Attorney General Case Summaries: May 22, 2006.(Traxler-McCauley-Law-Bowman Bingo Act)(Brief article)
May 22, 2006... Byline: Michigan Lawyers Weekly Staff Municipal Law Highways - Paving Projects The 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...

Michigan Court of Appeals Case Summaries: May 22, 2006.
May 22, 2006... Byline: Michigan Lawyers Weekly Staff Civil Procedure Discovery - Depositions Of County Officials A woman who claims she was sexually assaulted in the Wayne County jail is not entitled to depose the county executive and the county...

Michigan Court of Appeals Unpublished Civil Case Summaries: May 22, 2006.
May 22, 2006... Byline: Michigan Lawyers Weekly Staff Civil Procedure Motion To Adjourn - Properly Denied Defense counsel's withdrawal from this collection case was not grounds for an adjournment because defendant "did not act to adjourn the...

Michigan Supreme Court Orders: May 22, 2006.
May 22, 2006... Byline: Michigan Lawyers Weekly Staff Attorney Discipline Matters Brogue v. Attorney Grievance Comm'n. SC: 130271; AGC: 0855/05. On order of the Court, the complaint for superintending control is considered. Relief is DENIED, because...

U.S. Court of Appeals 6th Circuit Case Summaries: May 22, 2006.
May 22, 2006... Byline: Michigan Lawyers Weekly Staff Civil Procedure Multidistrict Litigation - Choice Of Law In this multidistrict product liability case, plaintiffs' failure to challenge the federal district court's choice-of-law decision...

U.S. District Court Eastern District Case Summaries: May 22, 2006.
May 22, 2006... Byline: Michigan Lawyers Weekly Staff Civil Procedure Abstention - Parallel State Action Defendant's motion to dismiss on the basis that his Massachusetts state-court case for a declaratory judgment whether claims lodged against...

U.S. District Court Western District Case Summaries: May 22, 2006.
May 22, 2006... Byline: Michigan Lawyers Weekly Staff Civil Procedure Settlements - Enforcement There is no jurisdiction to hear plaintiff's motion to enforce the parties' settlement agreement because the court did not specifically retain...

Verdicts & Settlements May 22, 2006: Malpractice claim results in 'no cause'.(Case overview)
May 22, 2006... Byline: Michigan Lawyers Weekly Staff On May 4, 2000, the plaintiff's decedent -- a 59-year-old man -- presented to the defendant podiatrist for a 3-centimeter lump on the top of his right foot, which was diagnosed as a ganglion cyst. The...

Verdicts & Settlements May 22, 2006: Wrongful death action settles for $2M.(Case overview)
May 22, 2006... Byline: Michigan Lawyers Weekly Staff The plaintiff's 18-year-old son was a belted front-seat passenger in a car driven by the defendant driver and owned by the defendant dealership. The defendant drove at speeds of more than 90 mph in...

Verdicts & Settlements May 22, 2006: Auto negligence case gets 'no cause'.(Case overview)
May 22, 2006... Byline: Michigan Lawyers Weekly Staff This case was the result of a minivan/motorcycle collision that occurred in rural Monroe County on Sept. 6, 2003. The defendant claimed that he was traveling southbound on Ida Maybee Road approaching...

U.S. Supreme Court issues ruling on grandparent visitation rights.
May 22, 2006... Byline: Richard S. Victor The debate over what the U.S. Supreme Court held regarding grandparent visitation in its 2000 ruling in the case of Troxel v. Granville, appears to finally be over. Grandparent advocates, such as the...

Commentary: hiring entry-level paralegals: Why take the risk?
May 29, 2006... Byline: Linda S. Jevahirian The Lawyer's Paralegal One of the most powerful tools a hiring employer has is evidence of how a person performed in prior positions. New graduates, on the other hand, present a unique challenge. Knowing how...

Compounding is 'alive and well'.
May 29, 2006... Byline: Michigan Lawyers Weekly Staff I was shocked and disappointed to see publication of the article, "Can agreeing not to involve the police land you and your client in jail?" by Brian Levine. (See, Michigan Lawyers Weekly, May 15,...

Corroboration still key with anonymous informants.
May 29, 2006... Byline: Todd C. Berg, Esq. Criminal Law Analysis Practitioners tell Lawyers Weekly that a recent Michigan Court of Appeals decision has reinforced the point that evidence uncovered through independent police investigation may...

Bar remains high for deposing 'high-ranking public officials'.
May 29, 2006... Byline: Todd C. Berg, Esq. Before you go out and notice the discovery deposition of that "high-ranking public official" whom you're convinced knows something about your client's case, ask yourself the following: Is he or she the...

Study finds integrated juries deliberate more thoroughly.
May 29, 2006... Byline: Dick Dahl When the U.S. Supreme Court overturned the conviction of a black death-row inmate in Texas last year due to strong evidence of racial bias during jury selection, Justice Stephen G. Breyer added his own denunciation of an...

Michigan Lawyers in the News: May 29, 2006.
May 29, 2006... Byline: Michigan Lawyers Weekly Staff Appointments Several individuals have been appointed as judges by Gov. Jennifer Granholm. They include: Judge John Foster has been appointed to the 16th Judicial Circuit Court for a term ending...

Michigan Court of Appeals Case Summaries: May 22, 2006.
May 29, 2006... Byline: Michigan Lawyers Weekly Staff Criminal Law OUIL Charge - Discovery Improperly Ordered The district court improperly suppressed the results of two Datamaster breath alcohol tests as a discovery sanction in this drunken...

Michigan Court of Appeals Unpublished Civil Case Summaries: May 29, 2006.
May 29, 2006... Byline: Michigan Lawyers Weekly Staff Civil Procedure Two Cases - Case Dismissed Where plaintiff filed a medical malpractice case involving the same parties and identical issues as are now before the court, the trial court...

Michigan Court of Appeals Unpublished Criminal Case Summaries: May 29, 2006.
May 29, 2006... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Criminal Sexual Conduct, First And Second Degree. Competency. "In moving for a competency examination before trial, defense counsel represented that defendant 'was not as...

Michigan Supreme Court Orders: May 29, 2006.
May 29, 2006... Byline: Michigan Lawyers Weekly Staff Judgment Affirmed Villadsen, et al. v. Mason County Road Comm'n. SC: 129672; COA: 255955; Mason CC: 02-000348-CH. On order of the Court, the application for leave to appeal the July 19, 2005...

U.S. Court of Appeals 6th Circuit Case Summaries: May 29, 2006.
May 29, 2006... Byline: Michigan Lawyers Weekly Staff Appeals Interlocutory Appeal - Collateral Order Doctrine Defendants may not bring an interlocutory appeal under the collateral order doctrine to challenge the federal district court's denial...

U.S. District Court Eastern District Case Summaries: May 29, 2006.
May 29, 2006... Byline: Michigan Lawyers Weekly Staff Civil Procedure Attorney Fee Award - No Evidentiary Hearing Plaintiff's request for an evidentiary hearing to lodge objections to defendant's attorney fee award is denied because plaintiff did...

U.S. District Court Western District Case Summaries: May 29, 2006.
May 29, 2006... Byline: Michigan Lawyers Weekly Staff Civil Rights Excessive Force Claim - Disputed Facts A plaintiff who claims the police beat him when he was arrested for a misdemeanor drunken driving offense can get to the jury on his Sect....

Commentary: cut expenses and gain expertise by using legal nurse consultants.
May 29, 2006... Byline: Laurie Thornton and Debra Gross How do you handle your medical-related case as it is received in your office? A trial lawyer's main focus in case preparation is to assess and extract vital information to best present the case....

Verdicts & Settlements May 29, 2006: Underinsured motorist claim nets $311K verdict.(Jordan v. Auto-Owners Insurance Company)(Brief article)(Case overview)
May 29, 2006... Byline: Michigan Lawyers Weekly Staff This was a rear-end collision auto accident. After obtaining the requisite permission to settle with the underinsured at-fault driver for his $20,000 policy limit, the plaintiff made claim for $500,000...

Verdicts & Settlements May 29, 2006: Auto negligence case settles for $238K.(Elliots v. General Casualty)(Brief article)(Case overview)
May 29, 2006... Byline: Michigan Lawyers Weekly Staff The plaintiff was driving up north in her SUV. Another driver, operating a Budget Rental van, rear-ended the plaintiff's vehicle, sending it into the ditch and causing it to roll several times. The...

Verdicts & Settlements May 29, 2006: 'No cause' verdict for med-mal suit.(Doe v. Surgeon )(Brief article)(Case overview)
May 29, 2006... Byline: Michigan Lawyers Weekly Staff Following coronary artery bypass grafting surgery, a cardiac pacing wire was allowed to remain in the patient's chest. The danger of immediately removing the wire was greater than allowing the wire to...

Verdicts & Settlements May 29, 2006: Judge grants directed verdict in auto neg matter.
May 29, 2006... Byline: Michigan Lawyers Weekly Staff Both parties were outside the Motor City Casino. The defendant alleged that he placed his car in reverse in order to back into a parking spot, but had not moved when he was struck from behind by the...

Richard Bordley Gush, Detroit lawyer, dead at 79.(Obituary)
May 29, 2006... Byline: Michigan Lawyers Weekly Staff Richard Bordley Gush, a Detroit lawyer for more than a half century, died at his home in Grosse Pointe Farms. He was 79. He was born Aug. 25, 1926, in Detroit to Edward Tisdale Gush and Norine...