Michigan Lawyers Weekly articles from November 2003

Michigan Lawyers Weekly archives from November 2003

Michigan Court Of Appeals Rules Employee's Sexual Harassment Claim Was Properly Dismissed.
November 3, 2003... Byline: Karen M. Poole Even though a supervisor allegedly exposed himself to an employee, masturbated in front of her and made lewd comments, the employee could not maintain a claim for sexual harassment against either her employer or the...

Michigan Lawyers In The News: November 3, 2003.
November 3, 2003... Byline: Michigan Lawyers Weekly Staff Jeffrey G. Heuer has been appointed to the advisory board of TAGLaw, a network of 85 of the most respected law firms worldwide. Heuer is a partner with Jaffe Raitt Heuer & Weiss, P.C., the only...

Michigan Court of Appeals Case Summaries: November 3, 2003.
November 3, 2003... Byline: Michigan Lawyers Weekly Staff Administrative Law MIOSHA - Untimely Appeal Where respondent-bureau of safety and regulation cited petitioner-contracting company for violations of the Michigan Occupational Safety and Health...

Michigan Supreme Court Orders: November 3, 2003.
November 3, 2003... Byline: Michigan Lawyers Weekly Staff Leave Granted Neal v. Wilkes. SC: 122498; COA: 230494; Eaton CC: 99-000968-NO. On order of the Court, the parties having presented oral argument on the application for leave to appeal, the...

Michigan Accident Victim Settles 'Fender Bender' Lawsuit For $800,000.
November 3, 2003... Byline: Michigan Lawyers Weekly Staff Can a car accident victim recover significant damages from the driver who rear-ended him even though he had a pre-existing injury and the vehicles involved in the accident needed only minor repairs? ...

U.S. District Court Eastern District Case Summaries: November 3, 2003.
November 3, 2003... Byline: Michigan Lawyers Weekly Staff Business Law Tortious Interference - Claim Stated Where plaintiff claimed that defendants' allegedly false statements to a third party concerning a debt plaintiff owed to defendant cost...

Verdicts & Settlements November 3, 2003: Mich. Jury Awards $274K To Severely Burned Tenant.
November 3, 2003... Byline: Michigan Lawyers Weekly Staff The plaintiff rented a home from the defendant. A fire broke out in the home while the plaintiff was a tenant. There were no smoke detectors as required by city ordinance. The plaintiff was...

Verdicts & Settlements November 3, 2003: Construction Accident Results In $2M Settlement.
November 3, 2003... Byline: Michigan Lawyers Weekly Staff The trial court decision striking employer and foreman of the plaintiff as nonparties at fault was peremptorily reversed by Court of Appeals one week before trial. The plaintiff was working as an...

Michigan Court Of Appeals Rules Officer Not Required To Service Radar Gun.
November 3, 2003... Byline: Lynn Patrick Ingram Even though a police officer had not serviced his radar gun for more than 13 months and was unaware of any manufacturer servicing guidelines, a speeding ticket he issued based on a reading from the radar gun was...

Michigan Court Of Appeals Rules Putative Dad Can't Intervene In Protective Proceeding.
November 3, 2003... Byline: Sonny N. Sheth A putative father's due process rights were not violated where he was denied standing under the juvenile code to intervene in a child protective proceeding, the Michigan Court of Appeals has decided. The putative...

U.S. Court of Appeals 6th Circuit Case Summaries: November 3, 2003.
November 3, 2003... Byline: Michigan Lawyers Weekly Staff Administrative Law Pork Act - Unconstitutional Where the federal district court held that the Pork Promotion, Research and Consumer Information Act and the Pork Promotion Order were...

U.S. District Court Western District Case Summaries: November 3, 2003.
November 3, 2003... Byline: Michigan Lawyers Weekly Staff Attorneys Truth In Lending Act - Attorney Fee Award Where plaintiff prevailed in class action suits brought under the federal Truth in Lending Act and two related state statutes, the court...

Verdicts & Settlements November 3, 2003: No Cause Verdict For Premises Liability Action.
November 3, 2003... Byline: Michigan Lawyers Weekly Staff On Feb. 15, 1999, the plaintiff visited her estranged husband in the apartment building owned and operated by the defendant. The couple argued. The husband exited the building first, apparently holding...

Michigan Court Of Appeals Rules Lawyer Assumed Expert Was Certified, Affidavit Is Invalid.
November 10, 2003... Byline: Sonny N. Sheth A medical malpractice plaintiff's affidavit of merit was ineffective where his attorney relied on assumptions to conclude that the expert who signed the affidavit was board certified in the same specialty as the...

Michigan Lawyers In The News: November 10, 2003.
November 10, 2003... Byline: Michigan Lawyers Weekly Staff Jeffrey T. Rogg has been appointed to a one-year term as an associate member of the State Bar of Michigan's Standing Committee on Standard Criminal Jury Instructions. Rogg is a member of Miller,...

Michigan Attorney Dean Gordon Beier dies at 86.
November 10, 2003... Byline: Michigan Lawyers Weekly Staff Dean Gordon Beier from Walloon Lake and Naples, Fla., died Oct. 26, 2003. He was 86. Born in Birmingham in 1917, he married Mary Bristol on March 30, 1946. The Beier family resided in Birmingham...

Michigan Court of Appeals Case Summaries: November 10, 2003.
November 10, 2003... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Resisting And Obstructing A Police Officer; Habitual Offender, Fourth Offense. Sufficient Evidence. The "evidence was sufficient to prove that defendant knowingly physically...

Michigan Bankruptcy Appellate Panel Rules Debtor Is Entitled To Discharge Of Student Loans.
November 10, 2003... Byline: Sonny Sheth A debtor was entitled to an "undue hardship" discharge of his student loans where the loans were obtained to finance an education in a low-paying field -- the ministry -- and he was unlikely to experience a change in...

Michigan Court Of Appeals Rules Car Crash Plaintiff Can't Get New Trial.
November 10, 2003... Byline: Karen Poole An insurance company's attorney did not commit reversible error during his cross examination of an economist who testified regarding "hedonic damages" allegedly sustained in an auto accident, the Michigan Court of...

Michigan Supreme Court Case Summaries: November 10, 2003.
November 10, 2003... Byline: Michigan Lawyers Weekly Staff Criminal Law Missing Witness - Jury Instruction Where the Legislature amended the prosecution's duty to list all res gestae witnesses and produce them at trial and instead required the...

U.S. Court of Appeals 6th Circuit Case Summaries: November 10, 2003.
November 10, 2003... Byline: Michigan Lawyers Weekly Staff Bankruptcy Student Loans - Hardship Discharge Where the bankruptcy court granted the Chapter 13 debtor a hardship discharge of his student loans, we reject appellant-creditor's argument that...

Marketing Doesn't Have To Be Expensive To Look That Way.
November 10, 2003... Byline: Michael M. Bowden Most marketing agencies will gladly work with a law firm to develop a unique "brand" and a distinctive advertising campaign - provided that firm is ready and able to fork over tens of thousands of dollars for the...

Commentary: Making Sure The Phrase 'Quality Of Life' Is A Reality In Yours.
November 10, 2003... Byline: Nancy Byerly Jones The "Are You Being Your Own Best Friend?" Test 1. How many of your favorite activities have you actually done during the past month? Last two months? 2. Do you usually feel like you are in control of your...

Verdicts & Settlements November 10, 2003: Jones Act Case Nets $29K Settlement For Closed-Head Injury.
November 10, 2003... Byline: Michigan Lawyers Weekly Staff The plaintiff was required to engage in a lifeboat drill in heavy seas on the Atlantic Ocean when the boat was inordinately rocked, causing a closed-head injury resulting in headaches and ringing in the...

Verdicts & Settlements November 10, 2003: Michigan auto accident settles for $1.1M.
November 10, 2003... Byline: Michigan Lawyers Weekly Staff On April 15, 2002, the plaintiff was proceeding in her vehicle westbound on 34 Road in Wexford County. A truck owned by Northstar and being driven by its employee, was in the eastbound lane of 34...

Drunk-Driving Bumper Stickers Are Controversial, But Constitutional.
November 10, 2003... Byline: Karen M. Poole Two Oakland County judges have been receiving a great deal of attention for a controversial new penalty they have been levying on certain drunk drivers. Fifty-second District Judge Michael A. Martone and 52-2...

Michigan Supreme Court Orders: November 10, 2003.
November 10, 2003... Byline: Michigan Lawyers Weekly Staff Attorney Discipline Matters Grievance Administrator v. Fieger. SC: 122564; ADB: 94-186-GA. On order of the Court, the application for leave to appeal from the September 30, 2002 decision of the...

U.S. Court Of Appeals 6th Circuit Rules Worker Can Proceed With Claim For Retaliation.
November 17, 2003... Byline: Traci R. Gentilozzi A worker who claimed he was fired for telling his employer he would support a co-worker's race bias claim should have been allowed to proceed with his retaliation suit because Title VII protected his...

Michigan Supreme Court Rules Man Injured In Fight Can't Collect From Bar's Insurer.
November 17, 2003... Byline: Lynn Patrick Ingram A man who was injured in a bar fight cannot collect payment for his injuries from the bar's insurance company, the Michigan Supreme Court has decided. The man argued that he was entitled to recover under the...

Michigan Lawyers In The News: November 17, 2003.
November 17, 2003... Byline: Michigan Lawyers Weekly Staff Judge Kimberly Wiegand has been appointed to the district court in Sterling Heights for a term expiring Jan. 1, 2005. Wiegand served as Sterling Heights mayor pro-tem for the past two years. ...

Michigan attorney Morris Milmet dies at 80.
November 17, 2003... Byline: Michigan Lawyers Weekly Staff Morris Milmet, a leading business attorney with the firm of Butzel Long and well known throughout the state of Michigan, died Nov. 6, at the University of Michigan Hospital in Ann Arbor. Milmet was...

Michigan Court Of Appeals Rules Worker Can Get Disability Benefits.
November 17, 2003... Byline: Sonny N. Sheth A trash collector whose legs were crushed in a work-related accident is entitled to total and permanent disability benefits because of the specific anatomical loss of one leg and the specific industrial loss of the...

Michigan Court of Appeals Case Summaries: November 17, 2003.
November 17, 2003... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Resisting And Obstructing A Police Officer; Habitual Offender, Fourth Offense. Resisting And Obstructing. "Defendant first challenges the state's right to prosecute him for...

Michigan Supreme Court Orders: November 17, 2003.
November 17, 2003... Byline: Michigan Lawyers Weekly Staff Administrative Orders ADM File No. 2002-34 ADM File No. 2002-34 Administrative Order No. 2003-6 Case Management at the Court of Appeals On March 11, 2003, the Supreme Court published...

Verdicts & Settlements November 17, 2003: Mich. Jury Awards $500K Verdict For Dog Bite.
November 17, 2003... Byline: Michigan Lawyers Weekly Staff On April 4, 2001, 11-year-old plaintiff Brian Johnson was walking home with two friends when he was attacked by two pit bulls. The dogs tackled the plaintiff to the ground and mauled him for several...

U.S. Court of Appeals 6th Circuit Case Summaries: November 17, 2003.
November 17, 2003... Byline: Michigan Lawyers Weekly Staff Civil Rights Disabled Patrons - Movie Theater Construction Where plaintiff-government sued defendant-movie theatre company under Title III of the Americans with Disabilities Act for allegedly...

U.S. District Court Eastern District Case Summaries: November 17, 2003.
November 17, 2003... Byline: Michigan Lawyers Weekly Staff Attorneys Charging Lien - Apportionment Of Costs Where two attorneys claim fee entitlement from the proceeds of a settlement, the proceeds are to be apportioned in accordance with MCL Sect....

Verdicts & Settlements November 17, 2003: $775K Settlement For Auto Neg Matter.
November 17, 2003... Byline: Michigan Lawyers Weekly Staff The plaintiff had the right-of-way on eastbound Pontiac Trail as she was approaching Orchard Lake Road when defendant Thomas Wardell pulled directly in front of her causing the collision. ...

Verdicts & Settlements November 17, 2003: RICO Class Action Settles For $5M.
November 17, 2003... Byline: Michigan Lawyers Weekly Staff This action involved a class compromised of approximately 95,000 individuals and businesses located in 35 states who have or had lease agreements for office and other equipment with defendant Fleet...

Michigan Court Of Appeals Rules City Not Liable For Death And Injury In Car Crash Case.
November 17, 2003... Byline: Karen M. Poole A city could not be held liable where a girl was killed and her brother injured when a driver ran a stop sign that was obstructed by a tree, the Michigan Court of Appeals has ruled. The city argued that it could...

Attorney General Opinion: November 17, 2003.
November 17, 2003... Byline: Michigan Lawyers Weekly Staff Employment Public Employee - Retirement System The Bay City Police and Fire Pension Plan and Retirement System Board of Trustees' investment of 20% of the system's total assets in the Advanced...

Michigan Supreme Court Case Summaries: November 17, 2003.
November 17, 2003... Byline: Michigan Lawyers Weekly Staff Insurance Contract - No Third Party Beneficiary Where plaintiff was injured in a bar fight, he cannot sue the bar's insurer on a third party beneficiary theory to secure payment of his dental...

U.S. Court Of Appeals 6th Circuit Rules Car Buyer Can't Get Damages For Truth In Lending Violation.
November 24, 2003... Byline: Karen M. Poole Even though a car dealership failed to immediately provide the purchasers of a vehicle with a copy of their finance agreement, the purchasers were not entitled to damages, the 6th Circuit Court of Appeals has ruled....

Michigan Court of Appeals Case Summaries: November 24, 2003.
November 24, 2003... Byline: Michigan Lawyers Weekly Staff Administrative Law Administrative Rule - Conformity With Legislative Intent Where the Michigan Department of Environmental Quality's Rule 33 requires builders of private sewage systems to...

Michigan Supreme Court Orders: November 24, 2003.
November 24, 2003... Byline: Michigan Lawyers Weekly Staff Leave Granted Alibri v. Detroit Wayne County Stadium Authority. SC: 123091; COA: 228921; Wayne CC: 98-818620-CK. On order of the Court, the application for leave to appeal the December 27, 2002...

U.S. Court of Appeals 6th Circuit Case Summaries: November 24, 2003.
November 24, 2003... Byline: Michigan Lawyers Weekly Staff Consumer Law Contract Disclosure - No Truth In Lending Violation Click here for the Defendant-Appellee brief in Baker v. Sunny Chevrolet, Inc. Where defendant-car dealer failed to give...

Michigan Supreme Court To Decide Whether Appeal Toll Is The Accrual Of Prejudgment Interest.
November 24, 2003... Byline: Michigan Lawyers Weekly Staff The Michigan Supreme Court will soon decide whether prejudgment interest ceases to accrue during an appeal. In Morales v. Auto Owners Insurance Co., the Court of Appeals held that although the...

U.S. Circuit Court of Appeals 6th Circuit Rules Employee's Status Was At-Will, Not Just-Cause.
November 24, 2003... Byline: Sonny N. Sheth An employee did not have a legitimate expectation of just-cause employment even though his employer had instituted certain disciplinary guidelines, the 6th U.S. Circuit Court of Appeals has decided. The employer...

Michigan Court of Appeals Rules Plaintiffs Can't Get Evaluation Sanctions.
November 24, 2003... Byline: Lynn Patrick Ingram Even though the defendant rejected a case evaluation award and the plaintiffs accepted, the plaintiffs were not entitled to case evaluation sanctions when the parties settled the matter for less than the award,...