Michigan Lawyers Weekly articles from November 2005

Michigan Lawyers Weekly archives from November 2005

MI Court of Appeals rules nurse's affidavit of merit deemed valid in closed-head injury case.(Sturgis Bank and Trust Co. as Conservator of Walling v. Hillsdale Community Health Center)
November 7, 2005... Byline: Todd C. Berg, Esq. For affidavit of merit purposes, a nurse was qualified to state that a patient's closed-head injury, brain damage, impaired cognitive functioning and other related injuries were caused by the patient's fall from...

Technology and storytelling sell your firm.
November 7, 2005... Byline: Amy Johnson Conner (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication.)Your firm has spent a great deal of time and money perfecting its website. But so did every other firm in your...

Michigan Lawyers in the News: November 7, 2005.(Wallace D. Riley receives award)(John W. Allen been elected at Federal Bar Association)(Robert A. Berlow receives award)
November 7, 2005... Byline: Michigan Lawyers Weekly Staff Appointments Stephen C. Waterbury has been appointed to the board of directors of the Economic Club of Grand Rapids for a four-year term. Waterbury, a partner with Warner Norcross & Judd LLP,...

Verdicts & Settlements (November 7, 2005) First-party No-Fault matter nets $1.5M verdict.(Porter v. TIG Insurance Company)
November 7, 2005... Byline: Michigan Lawyers Weekly Staff Plaintiff Joyce Porter sustained a traumatic brain injury as a result of a pedestrian-vehicle accident on Feb. 24, 1987, when she was 12 years old. She sustained a hematoma of the brain extending from...

Verdicts & Settlements (November 7, 2005) $2M verdict for med-mal action.(Dawe v. Bar-Levav)(Brief Article)
November 7, 2005... Byline: Michigan Lawyers Weekly Staff The plaintiff was injured in the 1999 shooting at Reuvan Bar-Levav, M.D.'s psychiatric office when a former group therapy patient returned to the office three months after being discharged from...

Commentary: Points to consider before hiring a law marketing consultant.
November 7, 2005... Byline: Trey Ryder As we fast approach the new year, many firms are preparing to launch their 2006 marketing efforts. If you're thinking about hiring a marketing specialist, make sure you consider these key points: * Objective advice...

Verdicts & Settlements (November 7, 2005) $33M settlement reached in casino case.(Barden Development, Inc. v. Lac Vieux Desert Band of Lake Superior Chippewa Indians)
November 7, 2005... Byline: Michigan Lawyers Weekly Staff This was a suit by plaintiff Barden Development, Inc. against defendant Lac Vieux Desert Band of Lake Superior Chippewa Indians for breach of an agreement to share 50 percent of the settlement from an...

U.S. District Court Eastern District Case Summaries: November 7, 2005.(Bunnell Hill Development Co. v. Bay County Road Comm'n.)(Young v. Hightower)(Portwood v. Comm'r of Social Security)
November 7, 2005... Byline: Michigan Lawyers Weekly Staff Appeals Remand From 6th Circuit - Mootness Determination Where this court previously ruled that the Bay County Road Commission lacked authority to require plaintiff to improve a public highway...

U.S. District Court Western District Case Summaries: November 7, 2005.(Stolicker v. Muller, Muller)(Pethers v. UNUM Life Ins. Co)(Kline v. Gulf Ins. Co. v. Hamlin)
November 7, 2005... Byline: Michigan Lawyers Weekly Staff Consumer Law Debt Collection - Attorney Fees A law firm violated the Fair Debt Collection Practices Act by requested a liquidated attorney fee in connection with a consumer debt collection...

U.S. Bankruptcy Court Case Summaries: November 7, 2005.(re: Lott)
November 7, 2005... Byline: Michigan Lawyers Weekly Staff Chapter 7 Wrongful Death Proceeds - Estate Property The debtor's interest in the proceeds of a wrongful death action filed before the debtor sought bankruptcy relief is property of the...

MI Court Of Appeals Case Summaries: November 7, 2005.(People v. Buehler)(Belote v. Strange)(Sturgis Bank and Trust as Conservator of Walling v. Hillsdale Community Health Center)
November 7, 2005... Byline: Michigan Lawyers Weekly Staff Criminal Law Sentencing - Indecent Exposure Where defendant was convicted of indecent exposure as a sexually delinquent person, the trial court properly sentenced him to a term of probation....

Leaders in the Law: Norman Otto Stockmeyer.(interview)(Interview)
November 7, 2005... Byline: Sheryl M. Vassallo Nominated as a "seasoned" Leader in the Law, Norman Otto Stockmeyer encompasses the essence of the title in every way. Born into a family of teachers, Stockmeyer began his college education as an...

U.S. Court of Appeals 6th Circuit Case Summaries: November 2005.(United States v. Jamieson)(Horton v. Ford Motor Co)(Maples v. Stegall)
November 7, 2005... Byline: Michigan Lawyers Weekly Staff Antitrust Clayton Act - School Milk Program The district court erred by granting the Dairy Farmers of America (DFA) summary judgment on the government's claim that the DFA violated the Clayton...

Michigan Supreme Court Orders Summaries: November 7, 2005.(Phoenix Investment Holding Co. v. Nosan and Silverman Homes)(Brief Article)
November 7, 2005... Byline: Michigan Lawyers Weekly Staff Reversals And Remands Phoenix Investment Holding Co. v. Nosan and Silverman Homes, LLC. SC: 126561; COA: 246398; Oakland CC: 01-035158-CK. On October 19, 2005, the Court heard oral argument on the...

MI Court Of Appeals (Unpublished Civil) Case Summaries: November 7, 2005.(Bayview Financial Trading Group L.P. v. Maviglia)(Hallman v. Holy Cross Hospital)(Spotten v. State Farm Ins. Co.)
November 7, 2005... Byline: Michigan Lawyers Weekly Staff Prior Action - Judgment Challenge Precluded Real Property Although the trial court improperly precluded plaintiff's collateral attack to a quiet-title action based on res judicata, the court...

MI Court Of Appeals (Unpublished Criminal) November 7, 2005.(People v. Chambers)(People v. Trumbla)(People v. Hay)
November 7, 2005... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Assault With Intent To Do Great Bodily Harm. Evidence. Even though none of the weapons recovered from defendant's home were used during the assault, the weapons were properly...

Michigan Supreme Court Case Summaries: November 14, 2005.
November 14, 2005... Byline: Michigan Lawyers Weekly Staff Constitutional Law Revenue - Transfer To State General Fund The governor properly exercised her power through an executive order to reduce the Legislature's allocation of general sales taxes...

Michigan Court of Appeals Unpublished Civil Case Summaries: November 14, 2005.
November 14, 2005... Byline: Michigan Lawyers Weekly Staff Civil Procedure MCR 2.116(C)(6) - Duplicative Filing Defendant was properly granted summary disposition under MCR 2.116(C)(6) in this will contest because defendant was named as an "interested...

Interview with Wayne County Assistant Prosecuting Attorney.(Amy Slameka)(Interview)
November 14, 2005... Byline: Sheryl M. Vassallo The harsh reality of Amy Slameka's job as Wayne County Assistant Prosecuting Attorney would be enough to make anyone cynical about the world in which live. But to Slameka, assisting victims of domestic...

Commentary: Rule 10b5-1 offers greater opportunities to trade company.
November 14, 2005... Byline: Dana Locniskar Prior to the adaptation of Rule 10b5-1 in October 2000, many companies followed blackout or window policies that enabled their executives to purchase and sell company securities without being at risk of insider...

Latest tech products and sites for lawyers.
November 14, 2005... Byline: Correy E. Stephenson A recent survey by the American Bar Association confirms that lawyers are increasingly using wireless technology and becoming more mobile. Released in late September, the 2005 survey of 1,500 lawyers across...

Verdicts & Settlements November 14, 2005: 'No cause' verdict for no-fault matter.(Brief Article)
November 14, 2005... Byline: Michigan Lawyers Weekly Staff The plaintiff, through his conservator, was seriously injured in an automobile accident. The plaintiff claimed first-party no-fault benefits and underinsured motorist coverage through an insurance...

Verdicts & Settlements November 14, 2005: Medical-malpractice matter settles for $333K.(Doe v. XYZ)
November 14, 2005... Byline: Michigan Lawyers Weekly Staff The plaintiff was a 22-year-old body builder with a well-documented history of pre-existing bicuspid aortic valve disease that he had treated with defendant XYZ Medical Center, P.C., a family practice...

Verdicts & Settlements November 14, 2005: Class action nets $350K settlement.(Fraser, et al. v. Chateau Properties, Inc)
November 14, 2005... Byline: Michigan Lawyers Weekly Staff This was a class action brought on behalf of a mobile home community for damages arising from the dangerous and hazardous conditions that exist with regard to the plaintiffs' homes and the plaintiffs'...

U.S. Bankruptcy Court Orders: November 14, 2005.(Brief Article)
November 14, 2005... Byline: Michigan Lawyers Weekly Staff Announcements Eastern District of Michigan Notice To Bankruptcy Practitioners Regarding Credit Counseling Compliance Local Bankruptcy Rule 1007-3(a) specifies that a debtor who files a...

Michigan Supreme Court Orders: November 14, 2005.(rules and regulations)
November 14, 2005... Byline: Michigan Lawyers Weekly Staff Attorney Discipline Matters Detar v. Attorney Grievance Comm'n. SC: 128744; AGC: 3465/04. 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: November 14, 2005.
November 14, 2005... Byline: Michigan Lawyers Weekly Staff Antitrust No License - No Violation Trane, a heating and cooling company, has not committed an antitrust violation by denying plaintiff the opportunity to compete with other HVAC installation...

Michigan Court Of Appeals Case Summaries: November 14, 2005.(Michigan Civil Rights Initiative v. Board of State Canvassers)(Baker v. Baker)(Citizens Ins. Co. v. Pro Seal Service Group Inc)
November 14, 2005... Byline: Michigan Lawyers Weekly Staff Elections Challenged Petition - Board Of Canvassers We grant the Michigan Civil Rights Initiative's petition for mandamus, and direct the Board of State Canvassers to certify the initiative...

Michigan Court of Appeals Unpublished Criminal Case Summaries: November 14, 2005.
November 14, 2005... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Fleeing And Eluding. 'Miranda' Waiver. Defendant claims that she was offered leniency in exchange for her cooperation. "However, defendant's testimony at the suppression...

Michigan Lawyers in the News: November 14, 2005.(Amy Johnston elected at Catholic Lawyers Society of Detroit)(Peter J. Lozicki joins Rhoades McKee )(Peter Sugar and Louis P. Rochkind been honoured)
November 14, 2005... Byline: Michigan Lawyers Weekly Staff Appointments William J. Danhof has been named to the Michigan Attorney Discipline Board for a term expiring Sept. 30, 2008. Danhof, a principal in the Lansing office of Miller, Canfield,...

Michigan Leaders in the Law: Judge Susan Reck.
November 21, 2005... Byline: Sheryl M. Vassallo As a circuit court and probate judge, Reck uses her stature to better the lives of children and families in Livingston County. From the time she was a little girl, sitting up in a tree on the apple farm in...

Michigan Lawyers in the News: November 21, 2005.(Michael S. Khoury joins State Bar of Michigan)(Walter J. Piszczatowski, Jeffrey A. Sadowski, Douglas E. Wagner joins American College of Trial Lawyers )(Jennifer L. Sabourin been honoured)
November 21, 2005... Byline: Michigan Lawyers Weekly Staff Elections Michael J. Beals has been elected to the board of directors of The First Tee of Michigan. Beals is managing partner of Beals Hubbard PLC in Farmington Hills. Michael S. Khoury...

Michigan Supreme Court Orders: November 21, 2005.
November 21, 2005... Byline: Michigan Lawyers Weekly Staff Court Rule Amendments Oral Argument Ordered ADM File No. 2004-55 Amendment of Rule 3.211 of the Michigan Court Rules (Judgments and Orders) On order of the Court, notice of the...

Commentary: Rethinking life insurance.
November 21, 2005... Byline: Robert K. Steinberg and Daniel E. Seder There was a time when you asked someone about their line of work that they might respond, "I am a life insurance agent." Times have changed. The insurance community has recognized that a...

Verdicts & Settlements November 21, 2005: Auto negligence case nets $9M verdict.(Norris v. Atsalis Brothers Painting Co)
November 21, 2005... Byline: Michigan Lawyers Weekly Staff This was a contested liability car accident. Plaintiff's counsel noted there was minimal economic loss and, because Michigan is a No Fault state, the settlement was almost entirely for pain and...

Verdicts & Settlements November 21, 2005: 'No cause' in auto negligence matter.(Lee v. Teets)
November 21, 2005... Byline: Michigan Lawyers Weekly Staff On Dec. 11, 2000, defendant Gail Teets was driving her full-sized van north on the Lodge Freeway. It was snowing at the time and the road conditions were described as slippery. Suddenly, the defendant...

Verdicts & Settlements November 21, 2005: Assault and battery suit nets $375K.(Wiley v. Attieh)(Brief Article)
November 21, 2005... Byline: Michigan Lawyers Weekly Staff The plaintiff, Dustin Wiley, a student on a baseball scholarship at the University of Detroit Mercy, was shot by defendant Fadi Amir Attieh, a Dearborn resident, over a verbal dispute in downtown...

U.S. Court of Appeals 6th Circuit Case Summaries: November 21, 2005.(Fligiel v. Samson)(White v. Columbus Metropolitan Housing Authority)(Spirit Airlines v. Northwest Airlines, Inc.)
November 21, 2005... Byline: Michigan Lawyers Weekly Staff Administrative Law Veterans' Benefits Act - No Jurisdiction The federal district court lacked subject-matter jurisdiction to review plaintiff-Veterans Administration physician's employment...

U.S. District Court Eastern District Case Summaries: November 21, 2005.(Zervan v. Maday Constr., Inc)(Concerned Citizens of Caro v. Michigan Ethanol, L.L.C.,)
November 21, 2005... Byline: Michigan Lawyers Weekly Staff Civil Procedure Removal - No Unanimity This court will remand the entire zoning case to state court because of the failure of all defendants to join in the removal within the time permitted....

U.S. District Court Western District Case Summaries: November 21, 2005.(White v. Bernacchi, Leon Zappia, Douglas Bernacchi, P.C)(Pioneer Laboratories, Inc. v. Stryker Corp.,)(Manistee Salt Works Development Corp. v. City of Manistee)
November 21, 2005... Byline: Michigan Lawyers Weekly Staff Legal Malpractice Failure To Investigate - Duty Of Care A plaintiff may not succeed on his legal malpractice claim brought against the attorneys who represented him in an underlying...

U.S. Bankruptcy Court Case Summaries: November 21, 2005.
November 21, 2005... Byline: Michigan Lawyers Weekly Staff Administrative Orders Eastern District Of Michigan No. 05-22 In re: ADMINISTRATIVE ORDER REGARDING MANDATORY ELECTRONIC FILING OF MONTHLY FINANCIAL REPORTS AND DOCUMENTS BY A NOTICING AND...

Michigan Court of Appeals Case Summaries: November 21, 2005.(Goldstone v. Bloomfield Twp. Public Library)(Citizens Ins. Co. v. F.C. Schotlz)
November 21, 2005... Byline: Michigan Lawyers Weekly Staff Constitutional Law Public Libraries - Borrowing Privileges The Oakland County Circuit Court correctly concluded that the state constitution does not require a public library to extend borrowing...

Michigan Court of Appeals (Unpublished Civil): November 21, 2005.(Service Employees Int'l Union Local 591 v. Charles Stewart Mott Community College)(Mid-West Carpentry Inc. v. VMS Builders Inc.)(Hassett v. Archdiocese of Detroit)
November 21, 2005... Byline: Michigan Lawyers Weekly Staff Arbitration Arbitration Award - Improperly Set Aside An arbitrator's award for defendant-employer, in which the arbitrator concluded that plaintiff-employee voluntarily quit her job after...

Michigan Court of Appeals (Unpublished Criminal): November 21, 2005.(People v. Burnell)(People v. Adams)(People v. Foster)
November 21, 2005... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Assault With Intent To Commit Great Bodily Harm Less Than Murder; Possession Of Marijuana; Carrying A Dangerous Weapon With Unlawful Intent. No Prosecutorial Misconduct....

17th Circuit dismisses couple's legal-malpractice claim as filed outside limitations period.(Bresson v. Vlachos)
November 28, 2005... Byline: Todd C. Berg A legal-malpractice plaintiff and his wife were not entitled to have their case heard by a jury where their complaint was filed within two years of discharging their lawyers, but more than two years after their lawyers...

Commentary: Effective utilization of paralegals.
November 28, 2005... Byline: Linda S. Jevahirian The effective use of paralegals is an ongoing, and sometimes heated, discussion. There are lawyers who become paralyzed without paralegals, clients who request paralegals, companies that hire paralegals...

Leaders in the Law: James E. Lozier.(Biography)
November 28, 2005... Byline: Sheryl M. Vassallo This renowned defense attorney earns the respect of clients and peers through his leadership and resiliency. If ever there was a lawyer who was the epitome of professional and ethical, who was a leader and a...

Michigan Lawyers in the News: November 28, 2005.(American Society of Writers on Legal Subjects)
November 28, 2005... Byline: Michigan Lawyers Weekly Staff Appointments Joseph Kimble has been named executive director of Scribes, the American Society of Writers on Legal Subjects. Kimble is a professor at The Thomas M. Cooley Law School. ...

Commentary: As fear of avian flu outbreak grows, employers must review workplace sick policies.
November 28, 2005... Byline: Linda G. Burwell and Terry W. Bonnette Current estimates indicate that nearly 50 percent of American workers do not receive any form of paid sick time from their employers. In some demographics most notably, working mothers in low...

Verdicts & Settlements November 28, 2005: Breach of contract claim nets $3.4M.(Rubenstein v. Pelle Pelle Inc.)
November 28, 2005... Byline: Michigan Lawyers Weekly Staff Plaintiff David Rubenstein was employed by Pelle Pelle for 16 years. During that time, Pelle's sales went from approximately $500,000 per year to almost $50 million per year. The plaintiff was...

Verdicts & Settlements November 28, 2005: Countersuit succeeds in shareholder action.(Zahn v. Engineering Solid Solutions Inc.)(Brief Article)
November 28, 2005... Byline: Michigan Lawyers Weekly Staff The plaintiff claimed that he was a 30 percent owner of a closely-held corporation and filed a shareholder's action pursuant to MCL 450.1489, claiming minority oppression. The plaintiff claimed...

Verdicts & Settlements November 28, 2005: 'No cause' for medical-malpractice suit.(Buie v. Fabi)
November 28, 2005... Byline: Michigan Lawyers Weekly Staff On Dec. 31, 2001, plaintiff Eva Buie, a 56-year-old female, fell down the stairs leading to her basement after returning from a New Year's Eve party at which she drank approximately four beers and...

U.S. Court of Appeals 6th Circuit Case Summaries: November 28, 2005.(re: Quaker City Castings)(Palkow v. CSX Transp.)(Jackson v. Schultz)
November 28, 2005... Byline: Michigan Lawyers Weekly Staff Bankruptcy Sale Of Property - Good Faith Purchaser An auction sale of the Chapter 11 debtors' property will not be set aside despite a frustrated bidder's assertions that the successful bidder...

U.S. District Court Eastern District Case Summaries: November 28, 2005.(Bauer v. Metropolitan Life Insurace Co.)(Brief Article)
November 28, 2005... Byline: Michigan Lawyers Weekly Staff Insurance Long- Term Disability Benefits - Insurer's Termination Upheld An ERISA plan administrator properly terminated the claimant's long-term disability insurance benefits upon evidence that...

U.S. District Court Western District Case Summaries: November 28, 2005.(Beckwith v. Robert Bosch Fuel Systems Corp.)(Reinhardt v. Dennis)(Holt v. The Northwestern Mutual Life Ins. Co.)
November 28, 2005... Byline: Michigan Lawyers Weekly Staff Civil Procedure Discovery - Request For Dismissal A defense motion to dismiss plaintiff's case as a sanction for discovery abuses is denied because less drastic sanctions have not yet been...

U.S. Bankruptcy Court Case Summaries: November 28, 2005.(re: Big Buck Brewery and Steakhouse)(re: Simplified Employment Services Inc.)(Brief Article)
November 28, 2005... Byline: Michigan Lawyers Weekly Staff Chapter 11 Attorney Fee Application - Employment Not Approved By Court A law firm's attorney fee application of $25,000 for assisting the Chapter 11 debtor is denied because the court vacated...

Michigan Supreme Court Orders Case Summaries: November 28, 2005.(People v. Minier)
November 28, 2005... Byline: Michigan Lawyers Weekly Staff Reversals And Remands People v. Minier. SC: 128854; COA: 260473; Leelanau CC: 03-001353-FC. On order of the Court, the application for leave to appeal the April 19, 2005 order of the Court of...

Michigan Court of Appeals Case Summaries: November 28, 2005.(Kusmierz v. Schmitt)(Adell Broadcasting Corp. v. Apex Media Sales Inc.)(McGuire v. Sanders)
November 28, 2005... Byline: Michigan Lawyers Weekly Staff Civil Procedure Case Evaluation - Equitable Relief The trial court erred by considering the unspecified value of plaintiffs' post-trial injunctive relief to determine liability for case...

Michigan Court of Appeals Unpublished Civil Case Summaries: Nov. 28, 2005.(Posner v. Shanker)(Doe v. Diocese of Lansing)(Farmers Ins. Exchange v. Corbin)
November 28, 2005... Byline: Michigan Lawyers Weekly Staff Arbitration Attorney Fees - Vacated Where plaintiff appeals the trial court's order confirming an arbitration award arising from a stock sale dispute requiring plaintiff to pay defendant...

Michigan Court of Appeals Unpublished Criminal Case Summaries: Nov. 28, 2005.(People v. Cotto)(People v. Wright)(People v. Yocic)
November 28, 2005... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Carjacking. Fleeing And Eluding, Third Degree. Sufficient Evidence. "Defendant argues that the trial court's findings of fact that formed the basis of its decision to convict...

MI Court of Appeals rules wrongful-death plaintiffs overcome governmental immunity to sue.(Kik v. Sbraccia)
November 28, 2005... Byline: Todd C. Berg, Esq. A couple whose infant died allegedly from injuries suffered as the result of an ambulance accident was not barred by the motor vehicle exception to governmental immunity from suing under the Wrongful Death Act...