Michigan Lawyers Weekly articles from May 2009

Michigan Lawyers Weekly archives from May 2009

Renewable energy industry growing in Michigan.
May 4, 2009... Byline: Gary Gosselin While opportunities in the auto manufacturing industry are dying on the vine, work is flourishing in the "green" industry, with much of the focus on renewable energy. "There's a [green energy] convergence in...

Commentary: wind energy siting: the good, the bad, and the ugly.(Michigan)
May 4, 2009... Byline: Susan Hlywa Topp, Esq. Focus on Going Green Our nation is scrambling to secure alternative sources of energy, and energy from wind is high on the list. But some people fear that wind turbines could dot the state like oil...

Commentary: with legislation for sustainable construction incentives imminent, look at advantages.(Michigan)
May 4, 2009... Byline: John V. Byl, Esq. Bipartisan legislation is expected to be introduced in the next few weeks that will promote sustainable construction in the state of Michigan designed to make the state a leader in "green" design of new and...

Commentary: Michigan's response to climate change: the big picture.
May 4, 2009... Byline: R. Craig Hupp, Esq. Focus on Going Green Regardless whether you personally accept the conclusions of Al Gore's "An Inconvenient Truth," a political and scientific consensus has developed across the country that certain gasses...

Commentary: carbon cap and trade made simple: a primer.
May 4, 2009... Byline: Anna M. Maiuri, Esq. Focus on Going Green I have been practicing environmental law for more than 16 years, and I have never felt as motivated and energized as I have lately. Not a day goes by where there is not some...

Experience as owners could be boon for small-firm lawyers.
May 4, 2009... Byline: Ed Poll LawBiz Coach's Corner The drumbeat of stories about lawyer and staff terminations at large corporate law firms has some sole and small-firm practitioners scratching their heads. These folks are accustomed to tough...

Atty. wants Mich. Supreme Court to decide if continuing wrongs doctrine continues in trespass cases.
May 4, 2009... Byline: Todd C. Berg, Esq. Court of Appeals -- Analysis Even though the Michigan Court of Appeals determined in a recent decision that a Michigan Supreme Court opinion wiped out the "continuing wrongs" doctrine in all cases, one...

Michigan Court of Appeals favors noisy neighbors.
May 4, 2009... Byline: Carol Lundberg Michigan Court of Appeals The Michigan Court of Appeals ruled in favor of a noisy Lansing nightclub, leaving neighboring residential tenants with a choice of buying earplugs or moving to a neighborhood zoned for...

Michigan jury in no-fault case forced to consider what's sufficient for plaintiffs' benefits.
May 4, 2009... Byline: Douglas J. Levy Verdicts & Settlements Plus There was no doubt that the six plaintiffs James F. Hewson was up against had suffered severe closed-head injuries. The Oak Park-based defense attorney did, however, have cause to...

Broke and broker: desperate appellate directors ask cash-strapped Michigan for funding.
May 4, 2009... Byline: Carol Lundberg If the economy were better, Thomas Harp would have been able to ask for increases in resources. Instead, he's going to have to make do with less than he had last year. Harp, the administrator of the Michigan...

If Michigan's friend of the court doesn't enforce spousal support, lawyers wonder, who will?
May 4, 2009... Byline: Carol Lundberg Family Law Michigan's Friend of the Court receives no federal funding to provide spousal support services. So Friend of the Court had three choices: charge a fee for enforcing spousal support; ask the...

Michigan Lawyers in the News: May 4, 2009.
May 4, 2009... Byline: Michigan Lawyers Weekly Staff Appointments Lawrence G. Almeda of Brinks Hofer Gilson & Lione was appointed to the Asian Pacific American Affairs Commission for the State of Michigan. Honors Potestivo & Associates,...

Michigan Court Of Appeals Case Summaries: May 4, 2009.
May 4, 2009... Byline: Michigan Lawyers Weekly Staff Civil Procedure Venue - Original Injury Venue for a defamation per se suit a developer filed against a newspaper is proper in the county where the newspaper is published, rather than the...

Michigan Court Of Appeals Unpublished Civil Case Summaries: May 4, 2009.
May 4, 2009... Byline: Michigan Lawyers Weekly Staff Arbitration Award - Upheld In this uninsured-motorist insurance dispute, the circuit court correctly affirmed an arbitration award, despite the court's erroneous ruling that it was precluded...

Michigan Court Of Appeals Unpublished Criminal Case Summaries: May 4, 2009.
May 4, 2009... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery; Unlawfully Driving Away An Automobile. Severance. "Beaudoin argues that because his and Biller's defenses were antagonistic and/or irreconcilable a joint trial...

Michigan Supreme Court Orders: May 4, 2009.
May 4, 2009... Byline: Michigan Lawyers Weekly Staff Leave Denied Juarez v. Holbrook. (Lawyers Weekly No. 06-69906) (2 pages). CORRIGAN, J. (dissenting). I would vacate that part of the Court of Appeals judgment that held that the trial court...

U.S. Court of Appeals 6th Circuit Case Summaries: May 4, 2009.
May 4, 2009... Byline: Michigan Lawyers Weekly Staff Employment Military Retirement - Community Service Credit The federal district court correctly dismissed the equal protection claim of a retired Air Force serviceman who sought to qualify for a...

Verdicts & Settlements May 4, 2009: Man given heparin too soon, becomes disabled.
May 4, 2009... Byline: Michigan Lawyers Weekly Staff The plaintiff, a 54-year-old male, was admitted to an area hospital with a blood clot in the lower right extremity. Emergency surgery to evacuate the clot was performed under an epidural anesthetic. ...

Verdicts & Settlements May 4, 2009: Former president asserts financial oppression.
May 4, 2009... Byline: Michigan Lawyers Weekly Staff Plaintiff Jerry Stakhiv was a 25 percent shareholder of defendant L.S. Brinker Co., a general contractor/construction services firm for which Stakhiv served as company president since 2000. ...

Verdicts & Settlements May 4, 2009: Claimants denied benefits for home attendants.
May 4, 2009... Byline: Michigan Lawyers Weekly Staff The six plaintiffs, all of whom had suffered closed-head injuries in different automobile accidents, sought benefits increases for home attendant care. They asserted need for 24-hour care, at $30...

What are the best ways to stay off endangered professional species list?
May 11, 2009... Byline: Ed Poll LawBiz Coach's Corner Travel agents, stockbrokers, librarians, print journalists. These are just a few of the once-respected and efficient professions that are increasingly endangered by recessions and by customers with...

Commentary: energizing the stimulus in Michigan.
May 11, 2009... Byline: Mark J. Bennett The scramble is on to make the best use of "economic stimulus" funding opportunities under the American Recovery and Reinvestment Act of 2009 (ARRA). Much of the desired resurgence of Michigan's economy depends...

Sentencing errors cost state of Michigan millions.
May 11, 2009... Byline: Carol Lundberg Last week, on the same day Gov. Jennifer M. Granholm was announcing state employee layoffs and unpaid furloughs, Dawn Van Hoek remained hopeful that the state will commit from its 2010 budget more money to one of its...

Attorneys spar over Michigan circuit court's decision to vacate fees.
May 11, 2009... Byline: Douglas J. Levy Glen N. Lenhoff believes a circuit court had no right to vacate the plaintiff's attorney fees he was granted in arbitration for a quid pro quo sexual harassment claim. Gregory M. Meihn, however, said the court's...

Beliefs versus rights? Opponents of gay relationships complain religious values being threatened.
May 11, 2009... Byline: Gary Gosselin Anti-Discrimination Law In legal battles that increasingly pit religious beliefs against gay rights, anti-discrimination laws often are winning out. One instance is being tested in Michigan with Ward v....

Adverse possession of platted lands is upheld by Michigan Court of Appeals.
May 11, 2009... Byline: Todd C. Berg, Esq. Court of Appeals -- Analysis Title over property that was privately dedicated in a subdivision plat can be acquired through adverse possession. And, the Land Division Act (LDA) doesn't have to play any role...

Taking clients to court: Michigan Supreme Court considers when lawyers can sue for unpaid fees.
May 11, 2009... Byline: Todd C. Berg, Esq. Contract Law -- Analysis The Michigan Supreme Court heard oral arguments Tuesday, May 5, in a case that could affect when lawyers can sue their clients to collect unpaid legal bills. In Seyburn, Kahn,...

Malls and malice: if lawyer knew of client's improper motive, he could be sued for legal malpractice.(Michigan)
May 11, 2009... Byline: Carol Lundberg Four years, dozens of lawsuits, illegal campaign activity, and one trip to the state Supreme Court culminated late last month in a $1.5 million settlement agreement. The settlement put to rest a malicious...

Arrogance of lawyers, others is a troubling societal change.
May 18, 2009... Byline: Ed Poll Have you noticed that people are more impatient today than before? Or is this just my perception? I know we're in the midst of a recession. Some economists are admitting it's a deep recession. And, as I've written...

Commentary: sustainable collaboration: landlord and tenant must work together.
May 18, 2009... Byline: Michael L. Caldwell, Esq. A combination of factors ranging from global climate change to the price of oil has created a market for environmentally sustainable "green" buildings. These green buildings present new issues that...

Commentary: pandemic preparedness: planning is the best medicine.
May 18, 2009... Byline: Gregory J. Parry, Esq. The 2009 Swine Flu, also called H1N1, has not run its course. We cannot predict its final social or economic toll. At a minimum, it presents a call to action. Pandemic planning is a prudent and...

Michigan COA decision on med-mal expert qualifications may yield more exhaustive discovery practice.(Court of Appeals)
May 18, 2009... Byline: Todd C. Berg, Esq. The Michigan Court of Appeals ruling on qualifications for medical-malpractice standard of care experts may have plaintiffs' and defense lawyers digging deeper into experts' backgrounds during the discovery...

Proposed law would recognize inventors who are first to file, rather than those who are first to inv.
May 18, 2009... Byline: Carol Lundberg Patent attorneys are preparing for passage of the first significant changes to patent laws since the U.S. Court of Appeals for the Federal Circuit was formed 27 years ago. The legislation will make patent...

Lawyers prepare for suppliers' future once automaker clears up debts.
May 18, 2009... Byline: Carol Lundberg If W. Patrick Dreisig's clients can just hold on a little longer, they'll probably survive the summer. Dreisig, along with William J. Kohler and Herbert C. Donovan, co-chairs Butzel Long's Global Automotive...

Will Mich. Supreme Court encroach on Legislature's power by enacting med-mal court rule?
May 18, 2009... Byline: Todd C. Berg, Esq. The Michigan Supreme Court may exceed its constitutional authority if the justices pass their proposed court rule dealing with affidavits of merit, say a state lawmaker and a lawyer for one of the state's largest...

Pilot program in Kent County gives divorcing parents a say - and different ways to say it.(Michigan)
May 18, 2009... Byline: Douglas J. Levy In divorce, children often feel as though they are afterthoughts compared to their parents' interests. But, an innovative family law project in one Michigan county is taking great steps to change that way of...

Commentary: ERISA pension law and divorce: new case sets trap for the unwary.
May 18, 2009... Byline: Troy W. Haney, Esq. A largely overlooked recent U.S. Supreme Court decision may have substantial significance to the laws of domestic relations and pensions. On Jan. 26, 2009, a unanimous Supreme Court, led by Justice David H....

Commentary: questions, standards of parental fitness raised in third-party custody cases.
May 18, 2009... Byline: Anne Argiroff, Rebecca Shiemke, Liisa Speaker Third-party custody cases, in which nonparents compete with parents over child custody, involve even more conflict than typical child custody disputes. Parents have a fundamental...

Commentary: real estate in divorce: adjusting with the economic climate.(Michigan)
May 18, 2009... Byline: Amy A. Yu, Esq. and Gail M. Towne, Esq. Now that the real estate market bubble has burst, divorcing parties are realizing that the real property they own is in more distress than their marriages were. All of a sudden, no one...

Commentary: why more couples are saying 'I do' to prenuptial agreements.(Michigan)
May 18, 2009... Byline: Dawn M. Schluter and Jennifer M. LaTosch Multiple marriages, rising divorce rates, an uncertain economic future and nasty, high-profile celebrity split-ups. Couple these issues with a growing desire to plan for and control...