Michigan Lawyers Weekly articles from November 2007

Michigan Lawyers Weekly archives from November 2007

Politics put the squeeze on oversight in Michigan.
November 5, 2007... Byline: Todd C. Berg, Esq. Medical-malpractice reform -- Analysis "After John got elected, the political landscape changed." Those are the words of former Michigan state senator Dan L. DeGrow. He was explaining to Michigan...

Bye, bye, student loans? College Cost Reduction and Access Act of 2007 signed into law.
November 5, 2007... Byline: Natalie Lombardo President Bush recently signed the College Cost Reduction and Access Act of 2007 into law. Among the provisions is loan forgiveness for those who work in "public interest legal services." H.R. 2669 seeks to...

Must the billable hour die?
November 5, 2007... Byline: Melissa P. Stewart, Esq. Practice management If famed legal author Scott Turow had his way, the billable hour would go the way of the Betamax and the 8-track. In an article published in the August 2007 issue of the ABA...

Wit, wisdom of Darrow comes back to life.(lawyer Clarence Seward Darrow)
November 5, 2007... Byline: Douglas J. Levy Whether it was arguing the futility of two wealthy young students whose "emotionally defective... diseased minds" made them kidnap and murder a friend, or putting his opponent on the stand to ask the literal nature...

Keeping the Sabbath: Employee required to work on Sabbath can't sue, rules 6th Circuit.(United States Court of Appeals for the 6th Circuit)
November 5, 2007... Byline: Melissa P. Stewart, Esq. 6th U.S. Circuit Court of Appeals For 27 years, Martin Tepper has worked as a mailman with the Chagrin Falls, Ohio, branch of the United States Postal Service (USPS). Early in his tenure, Tepper...

'Here comes the judge': Shalina D. Kumar to take the Oakland County bench.
November 5, 2007... Byline: Natalie Lombardo Shalina D. Kumar cares about people. More so, she cares about their souls, said Robert F. Riley, a Dearborn lawyer who has worked with and against the former trial attorney. Both are invaluable traits to...

Michigan Lawyers in the News: November 5, 2007.
November 5, 2007... Byline: Michigan Lawyers Weekly Staff Appointments Charles B. Judson of Smith Haughey Rice & Roegge has been appointed by the State of Michigan's Court Administrative Office to the Dispute Resolution Court Rule Committee. His primary...

Michigan Court of Appeals Case Summaries: November 5, 2007.
November 5, 2007... Byline: Michigan Lawyers Weekly Staff Contract Competing Purchase Offers - Condition Precedent Where defendants conditioned their acceptance of plaintiff's offer to purchase their business subject to the approval of defendants'...

Michigan Court of Appeals Unpublished Civil Case Summaries: November 5, 2007.
November 5, 2007... Byline: Michigan Lawyers Weekly Staff Civil Procedure Dismissal Sanction - Remanded We reverse the trial court's order, dismissing plaintiff's negligence claim with prejudice after plaintiff's next friend failed to timely comply...

Michigan Court of Appeals Unpublished Criminal Case Summaries: November 5, 2007.
November 5, 2007... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery; Assault With Intent To Commit Armed Robbery; Felony Firearm; Possession With Intent To Deliver Marijuana; Carrying A Concealed Weapon; Possession With Intent To...

U.S. Court of Appeals 6th Circuit Case Summaries: November 5, 2007.(United States Court of Appeals for the 6th Circuit)
November 5, 2007... Byline: Michigan Lawyers Weekly Staff Criminal Law Sentencing - Discretion We affirm defendant's conviction for one count of being a felon in possession of a firearm but find that the district court committed clear error by...

Commentary: As technology progresses, legal, IT must work together.
November 5, 2007... Byline: Vince Nalin In 1989, I took my first job in technology at a national electronics retailer you may have heard of. The reasons for applying for work at RadioShack were in plain view as soon as I stepped across the threshold:...

Verdicts & Settlements November 5, 2007: PIP carrier off the hook for experimental injections.(Brief article)
November 5, 2007... Byline: Michigan Lawyers Weekly Staff The plaintiff was rendered a quadriplegic following a motor vehicle accident in December 1988. In April 2006, she went to China in order to have a fetal olfactory ensheathing stem cell injection in her...

Verdicts & Settlements November 5, 2007: No cause verdict in 1st-party PIP claim.(personal injury protection)
November 5, 2007... Byline: Michigan Lawyers Weekly Staff On May 1, 2005, the plaintiff was proceeding southbound on Interstate 75 when a semi-truck crossed into her lane, forcing her to scrape up against the median wall. She reported that she was uninjured...

Way to go.(Letter to the editor)
November 5, 2007... Byline: Michigan Lawyers Weekly Staff To the Editor: I congratulate and thank you for your articles analyzing what is going on in our courts. They are thoughtful, carefully researched, and insightful, and you write very well. ...

Verdicts & Settlements November 5, 2007: Mail carrier wins $650K workers comp award.(Brief article)
November 5, 2007... Byline: Michigan Lawyers Weekly Staff Plaintiff Letta Paivarinta was a rural mail carrier delivering mail when Defendant Harrington -- during his course of employment -- rear-ended her marked civilian vehicle. The plaintiff's doctor...

Michigan Court of Appeals Unpublished Criminal Case Summaries: November 12, 2007.
November 12, 2007... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Assault With Intent To Murder; Armed Robbery; Habitual Offender, Fourth Offense. No Prosecutorial Misconduct. "We find the prosecutor's line of questioning and statements...

Michigan Supreme Court Orders: November 12, 2007.
November 12, 2007... Byline: Michigan Lawyers Weekly Staff Leave Granted Rodriguez v. A.S.E. Indus. (Lawyers Weekly No. 06-64609) (2 pages). Leave is granted limited to the issues: (1) whether the trial court properly made independent findings in...

U.S. Court of Appeals 6th Circuit Case Summaries: November 12, 2007.(United States Court of Appeals for the 6h Circuit)
November 12, 2007... Byline: Michigan Lawyers Weekly Staff Civil Rights Selective Enforcement - Standing Where plaintiffs were charged with burning without a permit after they burned a "rainbow" flag in a gay pride parade, the district court erred by...

Commentary: Practicing commercial law while thinking like a criminal defense attorney.
November 12, 2007... Byline: Robert S. Harrison It is interesting how so many criminal cases we read about in the news end up having a civil litigation counterpart. Even when someone charged with a crime is acquitted in a court of law, the victim or victim's...

Verdicts & Settlements November 12, 2007: Surgical complications lead to permanent disabilities.
November 12, 2007... Byline: Michigan Lawyers Weekly Staff The plaintiff, a 44-year-old woman, presented to a local hospital with a large fibroid tumor. She underwent surgery by an OB/GYN and his residents, which included lysing adhesions from her bowel. ...

Verdicts & Settlements November 12, 2007: 'No cause' verdict rendered in charter bus collision.(Brief article)
November 12, 2007... Byline: Michigan Lawyers Weekly Staff This case involved a rear-end automobile accident, in which a charter bus collided with the plaintiffs. The plaintiff did not proceed immediately to the hospital following the accident, but she later...

Verdicts & Settlements November 12, 2007: $240K awarded for breach of contract.(Brief article)
November 12, 2007... Byline: Michigan Lawyers Weekly Staff In late 1998, defendant Spyros Enotiades approached plaintiff Wilson Kassab seeking financial assistance in setting up an import/export business. The defendant had requested money for operating...

What does 'lawfully rendering treatment' really mean?
November 12, 2007... Byline: Todd C. Berg, Esq. No-Fault Act -- Analysis "Lawfully rendering treatment" seems like a straight-forward enough expression, right? Shouldn't be too difficult to apply? WRONG. When it comes to interpreting this...

Verdicts & Settlements April 12, 2007: Owner's firing of ex-girlfriend was sexual harassment.
November 12, 2007... Byline: Melissa P. Stewart, Esq. Verdicts & Settlements Plus For four years, finance manager Lorie Hunt engaged in a consensual romantic relationship with her boss, Joseph Hood, owner of Joseph Chevrolet, Inc. But when their...

Parents have final word on grandparent visitation, rules Michigan Court of Appeals.
November 12, 2007... Byline: Natalie Lombardo Michigan Court of Appeals -- Family Law Grandparents cannot see their grandchildren if both fit parents sign an affidavit opposing visitation. That's what the Michigan Court of Appeals ruled in Brinkley v....

Michigan Court of Appeals: To raise an insanity defense. Or not.
November 12, 2007... Byline: Melissa P. Stewart, Esq. Michigan Court of Appeals -- Criminal law Following the Michigan Supreme Court's lead, a Michigan Court of Appeals panel recently consulted the dictionary to conclude that a trial court erred in denying...

Employment Law: Facets of arbitration, collective bargaining could change.
November 12, 2007... Byline: Douglas J. Levy Employment law -- Update Proposed legislation in the U.S. Congress and two cases before the U.S. Supreme Court could result in significant changes in four sectors of employment law practice -- collective...

Webinar boasts interviewing skills for job-seeking attorneys.
November 12, 2007... Byline: Natalie Lombardo Managing your practice In order to lock down a job interview, an attorney must show the prospective employer that he can speak on a complex issue intelligently and articulately, says New York litigator Zeb...

Michigan Lawyers in the News: November 12, 2007.
November 12, 2007... Byline: Michigan Lawyers Weekly Staff Appointments LEAVE A LEGACY, Southeast Michigan, has appointed Robert E. Kass of Barris, Sott, Denn & Driker, PLLC as a co-chair for the 2007-08 year. Honors Forty-five Dykema attorneys...

Michigan Attorney Discipline Board Case Summaries: November 12, 2007.
November 12, 2007... Byline: Michigan Lawyers Weekly Staff Notice Of Probation With Conditions (By Consent) Case No. 07-85-JC Notice Issued: Oct. 30, 2007 David C. Champion, P 42665, Akron, Ohio, by the Attorney Discipline Board Tri-County...

Michigan Court of Appeals Case Summaries: November 12, 2007.(Brief article)
November 12, 2007... Byline: Michigan Lawyers Weekly Staff Taxation Renaissance Zone Act - Pension Taxes The Michigan Tax Tribunal correctly ruled that the city of Jackson could not levy firefighter and police officer pension taxes (PA 345 pensions)...

Michigan Court of Appeals Unpublished Civil Case Summaries: November 12, 2007.
November 12, 2007... Byline: Michigan Lawyers Weekly Staff Contract Building Contract - Oral Modification In this breach of contract case arising from the construction of a modular home, there was at least a genuine issue of material fact as to...

Rachel Bissett - Up & Coming Michigan Lawyers.(Garan Lucow Miller P.C.)(Interview)
November 19, 2007... Byline: Melissa P. Stewart, Esq. Ask an attorney to name her least favorite subject in law school, and chances are, she'll respond, "Real property." But not Rachel Bissett. For her, property law was not only her favorite class, but...

Marla A. Linderman - Up & Coming Michigan Lawyers.(Interview)
November 19, 2007... Byline: Natalie Lombardo When she was in first grade, Marla A. Linderman was blamed for eating a classmate's burrito. As the self-proclaimed teacher's pet sat out from recess, she thought, "I've always walked the straightest on the...

Rolf E. Lowe - Up & Coming Michigan Lawyers.(Interview)
November 19, 2007... Byline: Melissa P. Stewart, Esq. Rolf E. Lowe is an optimist. Never deterred by a challenge, the Royal Oak lawyer's "can do" attitude has taken him far in just four years of practice. Lowe's route to becoming a lawyer was less...

Mark C. Rossman - Up & Coming Michigan Lawyers.(Interview)
November 19, 2007... Byline: Douglas J. Levy If the courtroom is a battlefield, Troy attorney Mark C. Rossman doesn't mind affixing his helmet, strapping on his boots and grabbing a bayonet. "When a case involves a lot of money, you're going to meet some...

Michael J. Willis and Shaun P. Willis - Up & Coming Michigan Lawyers.(Interview)
November 19, 2007... Byline: Natalie Lombardo Brothers Michael J. and Shaun Patrick Willis consider practicing law an opportunity to serve others through God. And they credit Willis & Willis, PLC, their thriving full-service business law firm, to Christian...

Michigan Court of Appeals rules sellers did not fail to perform as required under the contract.
November 19, 2007... Byline: Todd C. Berg, Esq. Michigan Court of Appeals -- Contracts The Grondas wanted to get out of the party store business. So they put their place on the market and waited for the offers to roll in. On Oct. 11, 2004, one...

Rules-based calendar usage grows as headlines scream malpractice.
November 19, 2007... Byline: Natalie Lombardo Managing your practice With avoidance of malpractice claims in mind, law firms of all sizes are using Deadlines On Demand, an Internet version of the rules-based calendaring service CompuLaw. Deadlines On...

Second man exonerated in Michigan through DNA testing says 'I lost everything'.
November 19, 2007... Byline: Natalie Lombardo The second man exonerated in Michigan through DNA testing says there's no dollar amount that could justify nearly nine years that he agonized in prison for crimes he didn't commit. But Kenneth Wyniemko hopes...

Expanded purview? Michigan Court of Appeals -- Employment Law.
November 19, 2007... Byline: Melissa P. Stewart, Esq. Michigan Court of Appeals -- Employment Law For Robert Robinson, life changed dramatically the day Darren Smith was assigned to install truck hoods with him at a Ford Motor Co. assembly plant. ...

Grand Rapids firm wins contract for manufacturer's business litigation.(Warner Norcross & Judd LLP earns Whirlpool Corporation contract)
November 19, 2007... Byline: Melissa P. Stewart, Esq. Legal innovations What do a supplier dispute in Montreal, a trademark infringement claim in Mexico City and an environmental compliance suit in Washington, D.C., all have in common? Well, if they...

Michigan Lawyers in the News: November 19, 2007.(Liss, Seder & Andrews, P.C.)
November 19, 2007... Byline: Michigan Lawyers Weekly Staff Elections Nyal D. Deems of Varnum, Riddering, Schmidt & Howlett LLP has been elected president of the American College of Mortgage Attorneys. A member of the college since 1994, Deems previously...

Michigan Attorney Discipline Board Case Summaries: November 19, 2007.
November 19, 2007... Byline: Michigan Lawyers Weekly Staff Final Notice Of Suspension With Conditions Case No. 04-120-GA Notice Issued: Nov. 5, 2007 Noel L. Lippman, P 16719, Almont, Michigan, by the Attorney Discipline Board, increasing the...

Michigan Court of Appeals Case Summaries: November 19, 2007.
November 19, 2007... Byline: Michigan Lawyers Weekly Staff Criminal Law Use Of Force During Robbery - Sentencing Defendant's parking-lot struggle with store security personnel to evade capture after he stole a car stereo satisfies the "force or...

Michigan Court of Appeals Unpublished Civil Case Summaries: November 19, 2007.
November 19, 2007... Byline: Michigan Lawyers Weekly Staff Accountant Malpractice Summary Disposition - Improperly Granted Defendant-accountants were not entitled to summary disposition on plaintiff-lumber company's accounting malpractice claim,...

Michigan Court of Appeals Unpublished Criminal Case Summaries: November 19, 2007.
November 19, 2007... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery. Sufficient Evidence. "Leroy's testimony clearly established that Torris committed an armed robbery. Torris pointed a gun at Leroy and threatened to shoot him,...

Michigan Supreme Court Orders: November 19, 2007.
November 19, 2007... Byline: Michigan Lawyers Weekly Staff Judicial Tenure Comm'n In re: The Hon. Gerard Trudel, Judge, 24th District Court. (Lawyers Weekly No. 06-64634) (2 pages). The motion for entry of a default judgment is considered pursuant to MCR...

U.S. Court of Appeals 6th Circuit Case Summaries: November 19, 2007.
November 19, 2007... Byline: Michigan Lawyers Weekly Staff Bankruptcy Incorrect Venue - Transfer A bankruptcy court may not retain a case filed in an improper venue under 28 U.S.C. Sect. 1408 over a timely objection by an interested party, even if it...

Commentary: Your clients have their own story; help them tell it.
November 19, 2007... Byline: George V. Cassar Jr. You're born. You live. Some procreate. We die. What else is there? For most of us, living is more than just going through the days, months and years of our lives. Some experience heartaches, illnesses,...

Commentary: The impending tax tsunami, and how it affects you.
November 19, 2007... Byline: Mary K. Mansfield It seems useless to ignore the inevitable, although as best as I can tell most tax and estate planning practitioners would like this to be a viable option. I'm talking about the Michigan Business Tax (MBT), which...

Verdicts & Settlements November 19, 2007: Insurer blames aftermarket parts for truck fire.(Brief article)
November 19, 2007... Byline: Michigan Lawyers Weekly Staff The plaintiff's subrogor, Steven Lombardi, was the owner of a 2004 Ford F-150, which was destroyed by fire on Sept. 29, 2005. The fire was investigated at the scene by the Farmington Hills Police...

Verdicts & Settlements November 19, 2007: Pedestrian suffers fracture, laceration in auto accident.(Brief article)
November 19, 2007... Byline: Michigan Lawyers Weekly Staff As plaintiff Stephen Chambers II walked home from a bar along the shoulder of Telegraph Road in Monroe County, he was struck by defendant Alan Dentremont. Dentremont was traveling at 50 mph at the...

Verdicts & Settlements November 19, 2007: Sales rep sues auto supplier after contract talks fail.(Plaintiff Converge Inc. and Topy America Inc.)
November 19, 2007... Byline: Michigan Lawyers Weekly Staff Plaintiff Converge, Inc. is a manufacturer's sales representative company and defendant Topy America, Inc. is a Kentucky corporation that manufacturers wheels for the automotive industry. Converge...

Commentary: State's special-interest drug-immunity law must be repealed.
November 19, 2007... Byline: Michigan Lawyers Weekly Staff Last week's announcement that drug maker Merck is preparing to settle tens of thousands of claims for compensation resulting from deaths and injuries caused by the recalled drug Vioxx shines a harsh...

Michigan Court of Appeals (Unpublished Civil) Case Summaries: November 26, 2007.
November 26, 2007... Byline: Michigan Lawyers Weekly Staff Administrative Law Right To Farm Act - Attorney Fees Where defendants appeal as of right from a circuit court order denying their motion for attorney fees and costs under the Right to Farm Act...

Michigan Court Of Appeals (Unpublished Criminal) Case Summaries: November 26, 2007.
November 26, 2007... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery. Jail Clothing At Trial. Defendant's choice to wear jail clothing rather than civilian attire at trial precludes a claim that he was denied his constitutional...

Michigan Supreme Court Orders: November 26, 2007.
November 26, 2007... Byline: Michigan Lawyers Weekly Staff Leave Denied People v. Villegas. (Lawyers Weekly No. 06-64701) (2 pages). The application for leave to appeal the Oct. 27, 2005, judgment of the Court of Appeals was held in abeyance pending the...

U.S. Court of Appeals 6th Circuit Case Summaries: November 26, 2007.
November 26, 2007... Byline: Michigan Lawyers Weekly Staff Constitutional Law Post-Judgment Discovery Requests - Contempt Of Court Where defendant was enjoined from promoting any scheme to avoid federal tax liability, and the government was granted...

Commentary: Is suing the best thing for an employee to do? Not always.
November 26, 2007... Byline: David Nacht I have been representing employees since January 1996, and my firm sees about 500 employees a year for consultations. Many attorneys who represent employees are only interested in finding the "big case" -- almost...

Getting an e-newsletter to work requires careful planning.
November 26, 2007... Byline: Lisa Meyer An increasing number of law firms are making the switch from paper to electronic communication by launching e-newsletter and e-alert programs. In fact, the popularity and effectiveness of e-marketing have quickly made...

Commentary: New means of traffic accident reconstruction are accelerating.
November 26, 2007... Byline: Terry D. Lewis The traditional methods of traffic accident reconstruction are rapidly heading toward obsolescence. The new computer-generated technologies are changing the manner in which future accident causation will be...

Michigan must protect its citizens by repealing drug immunity laws.
November 26, 2007... Byline: Michigan Lawyers Weekly Staff Michigan is the only state in the country that prohibits any legal recourse for families harmed by dangerous prescription drugs. When the drug immunity law was first enacted back in 1996,...

Michigan court ponders what's '"comparable" and "reasonably necessary" in no-fault insurance case.(Michigan Rehabilitation Clinic)
November 26, 2007... Byline: Todd C. Berg No-Fault Act -- Analysis The Michigan Rehabilitation Clinic wanted to get paid. It had provided chiropractic services to 46 patients who had been injured in separate, unrelated car accidents, and it was time to...

Michigan Judge Michelle Rick is 'going to be a superstar'.
November 26, 2007... Byline: Natalie Lombardo As a mother of four, Judge Michelle M. Rick empathizes with litigants who may be appearing before her in either divorce actions or custody disputes. "I have a unique ability to relate because I'm a mom," she...

Intellectual property 101 for your law practice.
November 26, 2007... Byline: Melissa P. Stewart Managing your practice To survive in the current global economy, a business has two options: It must either be the lowest cost provider, or it must have some distinction that sets it apart from its...

Michigan Court of Appeals rules videotaped abuse of child can be viewed at evidentiary hearing.
November 26, 2007... Byline: Melissa P. Stewart Michigan Court of Appeals -- Family Law Technology and family law collided recently when the Michigan Court of Appeals ruled that a child's videotaped allegations of abuse could be viewed by the trial court...

Michigan Adoption Day: From the heart and into the home.
November 26, 2007... Byline: Douglas J. Levy Two days before Thanksgiving, Michigan Supreme Court Justice Maura D. Corrigan had special errands to run. They didn't involve getting sage, nutmeg or a spare can of sweet potatoes at the supermarket or picking a...

Michigan lawyers unite to protest Pakistan president's suspension of nation's constitution.
November 26, 2007... Byline: Natalie Lombardo Appalled that President Gen. Pervez Musharraf suspended his nation's constitution, Michigan attorneys united to stress the need for an end to martial law in Pakistan. Mostly dressed in black suits, about 30...

Michigan Lawyers in the News: November 26, 2007.
November 26, 2007... Byline: Michigan Lawyers Weekly Staff Appointments Kurt D. Dykstra, a partner at Warner Norcross & Judd LLP, has been appointed as a trustee to the Northwestern College Board of Trustees. He concentrates his practice on litigation,...

Michigan Attorney Discipline Board: November 26, 2007.
November 26, 2007... Byline: Michigan Lawyers Weekly Staff Notice Of Automatic Reinstatement Case No. 06-66-GA Notice Issued: Nov. 13, 2007 John D. Baker, P 33120, Adrian, Michigan. Effective Nov. 9, 2007. Respondent was suspended from...

Michigan Court of Appeals Case Summaries: November 26, 2007.
November 26, 2007... Byline: Michigan Lawyers Weekly Staff Administrative Law Workplace Hazard Assessments - Methodology 1999 AC, R 408.13308(1), which requires employers to assess workplace hazards to determine whether personal protective equipment...