Michigan Lawyers Weekly articles from November 2008

Michigan Lawyers Weekly archives from November 2008

Hathaway profile was 'hatchet job'.(Diane M. Hathaway)(Letter to the editor)
November 3, 2008... Byline: Michigan Lawyers Weekly Staff To the Editor: I am writing to express my extreme disappointment in your very slanted article ("Hathaway attacks. But sketchy on incumbent's record," Oct. 27, 2008) about Judge Diane M. Hathaway....

Anti-Hathaway bias was 'surreal'.(Diane Marie Hathaway )(Letter to the editor)
November 3, 2008... Byline: Michigan Lawyers Weekly Staff To the Editor: It appears that you owe Judge Diane Marie Hathaway a public apology for the obvious bias shown in your article "Hathaway attacks." You studiously ignored Judge Hathaway's...

Michigan counties undermine defendants' fair cross-section challenges.
November 3, 2008... Byline: Todd C. Berg, Esq. It's nearly impossible to make a successful fair cross-section challenge in some counties. Those counties are the ones that don't keep track of the race of their jurors. And, without that information,...

Judge Smolenski grateful and modest as illness hastens departure from Michigan Court of Appeals.(Michael R. Smolenski)
November 3, 2008... Byline: Carol Lundberg Judicial Profile Judge Michael R. Smolenski shakily placed his hands, withering from the atrophy brought on by his illness, on a stack of papers. He struggled to slowly enunciate the words to describe his life...

First responders in economic disaster: Michigan law firms helping nervous clients navigate bailout.
November 3, 2008... Byline: Carol Lundberg When the details of the nation's economic crisis are sorted out, some pension funds and municipalities, banks and investment trusts may end up all but broke and looking for someone to blame. But whether those...

Not overreaching on damages helped Kalamazoo lawyer win former hockey player's negligence suit.
November 3, 2008... Byline: Douglas J. Levy Verdicts & Settlement Plus It was an August 2003 shoulder injury that ended Michael Gerstner's dreams of playing professional hockey. But the cause wasn't an on-ice donnybrook or errant cross-check against the...

In Michigan, keeping juror-race data is rarity.
November 3, 2008... Byline: Todd C. Berg, Esq. Wayne County Circuit Court hasn't done itself any favors. Concerned about the problem of the underrepresentation of blacks and other minorities in its jury venires, the county four years ago sought a remedy....

If Mich. counties don't keep juror-race data, defendants improvise to make fair cross-section claims.
November 3, 2008... Byline: Todd C. Berg, Esq. Hugh M. Davis Jr. of Constitutional Litigation Associates PC of Detroit said he and the defense team in People v. Edward Pinkney were hard-pressed to substantiate their claims that blacks were underrepresented in...

Michigan Court of Appeals says pre-existing warrant saves search following bad arrest.
November 3, 2008... Byline: Todd C. Berg, Esq. Michigan Court of Appeals - Criminal Law Lucky for the Inkster police there was an outstanding arrest warrant for Richard Reese. Otherwise, the 120 grams of cocaine allegedly seized from Reese's car...

Michigan Lawyers in the News: November 3, 2008.
November 3, 2008... Byline: Michigan Lawyers Weekly Staff Appointments Cameron S. DeLong of Warner Norcross & Judd LLP was appointed secretary of the International Law Section of the State Bar of Michigan. Marla Carew of Varnum, Riddering, Schmidt &...

Michigan Attorney Discipline Board Case Summaries: November 3, 2008.
November 3, 2008... Byline: Michigan Lawyers Weekly Staff Notice Of Automatic Reinstatement Case No. 08-01-GA Notice Issued: Oct. 21, 2008 Jerold C. Smith, P 33921, Detroit, Michigan Effective Oct. 17, 2008 Respondent was suspended from...

Michigan Attorney General Case Summaries: November 3, 2008.(Brief article)
November 3, 2008... Byline: Michigan Lawyers Weekly Staff Family Law Juveniles - Mental Health Treatment In the case of a minor who is a temporary ward of the court under MCL 712A.2 et seq, a child care facility serving as the designee of the...

Michigan Court Of Appeals Case Summaries: November 3, 2008.
November 3, 2008... Byline: Michigan Lawyers Weekly Staff Construction Law Mortgages - Liens The trial court correctly disposed of the parties' various claims involving judicial foreclosure of mortgages and construction liens involving a builder who...

Michigan Court Of Appeals Unpublished Civil Case Summaries: November 3, 2008.
November 3, 2008... Byline: Michigan Lawyers Weekly Staff Attorney Fees Indiana Judgment - No Fees An Indiana consent judgment and decree of foreclosure did not obligate defendant Clapper to pay for the judgment creditor's (TacCo) attorney fees...

Michigan Court Of Appeals Unpublished Criminal Case Summaries: November 3, 2008.
November 3, 2008... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery; Conspiracy To Commit Armed Robbery; Carrying A Concealed Weapon; Felon In Possession Of A Firearm; Felony Firearm; Habitual Offender, Second Offense. MRE 404(b)....

Michigan Supreme Court Orders: November 3, 2008.
November 3, 2008... Byline: Michigan Lawyers Weekly Staff Leave Denied People v. Unger. (Lawyers Weekly No. 06-68118) (2 pages). On order of the Court, the motion for miscellaneous relief is GRANTED. The application for leave to appeal the March 20, 2008...

U.S. Court of Appeals 6th Circuit Case Summaries: November 3, 2008.
November 3, 2008... Byline: Michigan Lawyers Weekly Staff Bankruptcy Employment Withholding Taxes - Trust Fund A bank that held a perfected security interest in the debtors' accounts receivable did not lose its security interest when the debtors...

Commentary: Don't underestimate power, duty of civility.
November 3, 2008... Byline: Ed Poll In recent years, many state and local bar associations adopted voluntary professionalism goals and standards that attempt to discourage unprofessional conduct and encourage civility for lawyers engaged in litigation....

Roth 401(k) slowly, but surely, finding its place.
November 3, 2008... Byline: David Sanza Finance Despite a stumbling start, the Roth 401(k) feature appears to be gaining ground in the defined contribution plan space. Considering that more Americans will see the need to diversify their tax liability...

Verdicts & Settlements November 3, 2008: Hockey player waits 2-plus years to report injury.
November 3, 2008... Byline: Michigan Lawyers Weekly Staff On Aug. 18, 2003, plaintiff Michael Gerstner, then 18, was unloading hockey equipment - including pads, three hockey sticks and an equipment bag that weighed between 80-90 pounds - from his car...

Verdicts & Settlements November 3, 2008: Distribution group, founder dispute contract.(Brief article)
November 3, 2008... Byline: Michigan Lawyers Weekly Staff $550,000 Plaintiff David Handleman was one of the founding members of the defendant Handleman Company (Company), formerly one of the largest U.S. distributors of prerecorded videotapes, music,...

Verdicts & Settlements November 3, 2008: Cab passenger, 89, suffers fractures in accident.
November 3, 2008... Byline: Michigan Lawyers Weekly Staff On Nov. 20, 2006, the plaintiff, a then-89-year-old woman, was a backseat passenger in a cab that rammed into the back of a stopped vehicle in front of it. She suffered a left distal femur fracture, a...

Commentary: The missing 'legal' link is a matter of balance.
November 3, 2008... Byline: Christopher J. Webb, J.D. Litigation is killing us! Let's stop and think for a moment about why today's legal system was founded upon those ancient Anglo-Saxon principles of enforcement of a promise. The simple idea was...

Hathaway's win in Mich. Supreme Court race may be beginning of end for much-criticized, landmark case.
November 9, 2008... Byline: Todd C. Berg, Esq. With Diane M. Hathaway's electoral victory over incumbent Michigan Supreme Court justice Clifford W. Taylor, the end may be near for Taylor's controversial serious impairment decision in Kreiner v. Fischer. In a...

Shuttering of prisoner legal services of Michigan to leave gap in service.
November 10, 2008... Byline: Carol Lundberg The mountains of dusty boxes and dozens of half-empty file cabinets that surrounded Sandra Girard symbolized her plight: She ran out of time in her quest to help the state's prisoners. The nonprofit Prison Legal...

Legal firms help American clients avoid the pitfalls of operating in China.
November 10, 2008... Byline: Carol Lundberg When Anna Maiuri travels to China for the first time this week, she's going to find that some things just don't translate. Maiuri works in Miller Canfield's Troy office and is the deputy leader of the firm's...

Mich. COA questions whether agency rates should be measure of reasonable compensation for family-provided services.
November 10, 2008... Byline: Todd C. Berg, Esq. No-fault plaintiffs' lawyers may be about to lose an important weapon in their trial arsenals. No longer will they be able to argue that a family member's compensation for providing in-home attendant care...

Commentary: is life insurance an alternative asset class?
November 10, 2008... Byline: Robert M. Heinrich and Bradley K. Feldman Attorneys may need to take a fresh look at how we evaluate life insurance policies that our clients own or may consider buying. Historically, life insurance served a number of critical...

Verdicts & Settlements November 10, 2008: Unpaid, underpaid commissions center of dispute.(Brief article)
November 10, 2008... Byline: Michigan Lawyers Weekly Staff Report In March 2000, plaintiff Gary Frankowski became employed by defendant Quality Model International as a sales representative to solicit new customers and orders. The company manufactured...

Verdicts & Settlements November 10, 2008: Plaintiff wins summary disposition in accident.(Brief article)
November 10, 2008... Byline: Michigan Lawyers Weekly Staff Report On July 9, 2006, plaintiff Joretta Rynca was the passenger of a car driven by husband Michael Rynca. He was proceeding southbound on a main road, and upon entering the intersection of another...

Verdicts & Settlements November 10, 2008: Head-on crash kills three, settles in facilitation.(Brief article)
November 10, 2008... Byline: Michigan Lawyers Weekly Staff Report On Nov. 16, 2007, the defendant was traveling with his wife when he negligently crossed the centerline of the road and struck the plaintiff's vehicle head-on. The plaintiff, defendant and...

Verdicts & Settlements November 10, 2008: Basis of 50/50 oral partnership agreement argued.(Brief article)
November 10, 2008... Byline: Michigan Lawyers Weekly Staff Report The plaintiff claimed he had an oral 50-50 partnership agreement covering the formation, growth and sale of a business. Relying on the oral agreement, plaintiff allowed defendant to acquire 100...

The swing vote: if Hathaway joins Democrats, the ensuing 3-3 split grants Weaver decision-making power.
November 10, 2008... Byline: Todd C. Berg, Esq. Even though Diane M. Hathaway will be the new justice on the Michigan Supreme Court, the justice who probably will have the most power on the newly constituted court is Justice Elizabeth A. Weaver. Supreme Court...

Oakland's new teleconferencing system gives counsel less stressful option for appearing in court.(Michigan)
November 10, 2008... Byline: Douglas J. Levy Kevin Oeffner, court administrator for Oakland County Circuit Court in Pontiac, recalled how two months ago, a Grand Rapids attorney spent five hours driving 280 miles to the courthouse and back. His sole purpose:...

Michigan Lawyers in the News: November 10, 2008.
November 10, 2008... Byline: Michigan Lawyers Weekly Staff Report Elections Eugene E. Smary of Warner Norcross & Judd LLP was elected a Fellow of the American College of Environmental Lawyers. Joanne R. Lax of Dykema was named chair-elect of the State...

Hathaway's win in Michigan Supreme Court race may be beginning of end for much-criticized, landmark case.
November 10, 2008... Byline: Todd C. Berg, Esq. With Diane M. Hathaway's electoral victory over incumbent Michigan Supreme Court justice Clifford W. Taylor, the end may be near for Taylor's controversial serious impairment decision in Kreiner v. Fischer. In a...

Oakland's new teleconferencing system gives counsel less stressful option for appearing in court.(Michigan)
November 10, 2008... Byline: Douglas J. Levy Kevin Oeffner, court administrator for Oakland County Circuit Court in Pontiac, recalled how two months ago, a Grand Rapids attorney spent five hours driving 280 miles to the courthouse and back. His sole purpose:...

If new justice on Michigan Supreme Court joins Democrats, the ensuing 3-3 split grants Weaver decision-making power.
November 10, 2008... Byline: Todd C. Berg, Esq. Even though Diane M. Hathaway will be the new justice on the Michigan Supreme Court, the justice who probably will have the most power on the newly constituted court is Justice Elizabeth A. Weaver. Supreme Court...

Commentary: is life insurance an alternative asset class?
November 10, 2008... Byline: Robert M. Heinrich and Bradley K. Feldman Attorneys may need to take a fresh look at how we evaluate life insurance policies that our clients own or may consider buying. Historically, life insurance served a number of critical...

Mich. COA questions whether agency rates should be measure of reasonable compensation for family-provided services.
November 10, 2008... Byline: Todd C. Berg, Esq. No-fault plaintiffs' lawyers may be about to lose an important weapon in their trial arsenals. No longer will they be able to argue that a family member's compensation for providing in-home attendant care...

Michigan Court of Appeals Case Summaries: November 10, 2008.(Brief article)
November 10, 2008... Byline: Michigan Lawyers Weekly Staff Real Property Deed Restrictions - Cell Tower In this suit to reform a deed and enforce restrictions, the trial court properly reformed the deed to include the omitted restrictions. However,...

Michigan Court of Appeals Unpublished Civil Case Summaries: November 10, 2008.
November 10, 2008... Byline: Michigan Lawyers Weekly Staff Arbitration Grievance - Award Improperly Vacated The trial court erred by vacating the arbitration award in this public-employment, grievance case. The arbitrator's decision, that the past...

Michigan Court Of Appeals Unpublished Criminal Case Summaries: November 10, 2008.
November 10, 2008... Byline: Michigan Lawyers Weekly Staff Attorney Fees Two Trials - Remanded Where the lower court record in these consolidated appeals reflects that the trial court ordered defendant to pay his attorneys $2,290, but where the...

U.S. Court of Appeals 6th Circuit Case Summaries: November 10, 2008.(Brief article)
November 10, 2008... Byline: Michigan Lawyers Weekly Staff Social Security Age Group - Considered In this Social Security disability appeal, it was procedurally acceptable for the administrative law judge (ALJ) not to address in his opinion that...

Commentary: must lawyers be immediately available to clients?
November 10, 2008... Byline: Ed Poll Several years ago I participated in a blawging exchange concerning a young partner who returned phone calls and e-mails the following day when he had time set aside. The lawyer felt such a response policy increased his...

Verdicts & Settlements (November 10, 2008) Basis of 50/50 oral partnership agreement argued.
November 10, 2008... Byline: Michigan Lawyers Weekly Staff The plaintiff claimed he had an oral 50-50 partnership agreement covering the formation, growth and sale of a business. Relying on the oral agreement, plaintiff allowed defendant to acquire 100 percent...

NewsMakers.
November 10, 2008... Byline: Michigan Lawyers Weekly Staff Elections Eugene E. Smary of Warner Norcross & Judd LLP was elected a Fellow of the American College of Environmental Lawyers. Joanne R. Lax of Dykema was named chair-elect of the State Bar of...

Michigan Court Of Appeals (Unpublished Criminal).
November 10, 2008... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery. Evidence. "[T]he victim testified that she observed something small and black after defendant pulled back his coat, and the object was pointed at her while...

U.S. Court of Appeals 6th Circuit.
November 10, 2008... Byline: Michigan Lawyers Weekly Staff Social Security Age Group - Considered In this Social Security disability appeal, it was procedurally acceptable for the administrative law judge (ALJ) not to address in his opinion that...

Watchwords for purchasing liability insurance: 'caveat emptor'.(Michigan)
November 10, 2008... Byline: William C. Saturley and Joseph S. Callanan Insurance Two months ago, we offered five common misconceptions about lawyer's professional liability (or LPL) insurance ("Professional liability coverage can be matter of hits and...

Verdicts & Settlements (November 10, 2008) Unpaid, underpaid commissions center of dispute.
November 10, 2008... Byline: Michigan Lawyers Weekly Staff In March 2000, plaintiff Gary Frankowski became employed by defendant Quality Model International as a sales representative to solicit new customers and orders. The company manufactured...

Verdicts & Settlements (November 10, 2008) Plaintiff wins summary disposition in accident.
November 10, 2008... Byline: Michigan Lawyers Weekly Staff On July 9, 2006, plaintiff Joretta Rynca was the passenger of a car driven by husband Michael Rynca. He was proceeding southbound on a main road, and upon entering the intersection of another main road,...

Verdicts & Settlements (November 10, 2008) Head-on crash kills three, settles in facilitation.
November 10, 2008... Byline: Michigan Lawyers Weekly Staff On Nov. 16, 2007, the defendant was traveling with his wife when he negligently crossed the centerline of the road and struck the plaintiff's vehicle head-on. The plaintiff, defendant and defendant's...

Hathaway's win in Mich. Supreme Court race may mean the end for much-criticized, landmark case.(judge Diane M. Hathaway)
November 17, 2008... Byline: Todd C. Berg, Esq. With Diane M. Hathaway's electoral victory over incumbent Michigan Supreme Court justice Clifford W. Taylor, the end may be near for Taylor's controversial "serious impairment" decision in Kreiner v. Fischer. ...

Legal firms help American clients avoid the pitfalls of operating in China.
November 17, 2008... Byline: Carol Lundberg When Anna Maiuri travels to China for the first time this week, she's going to find that some things just don't translate. Maiuri works in Miller Canfield's Troy office and is the deputy leader of the firm's...

Mich. COA questions whether agency rates should be measure of compensation for family services.(Michigan Court of Appeals)
November 17, 2008... Byline: Todd C. Berg, Esq. Michigan COA - No-Fault: Analysis No-fault plaintiffs' lawyers may be about to lose an important weapon in their trial arsenals. No longer will they be able to argue that a family member's compensation...

Oakland's new teleconferencing system gives counsel less stressful option for appearing in court.(Michigan)
November 17, 2008... Byline: Douglas J. Levy Technology Update Kevin Oeffner, court administrator for Oakland County Circuit Court in Pontiac, recalled how two months ago, a Grand Rapids attorney spent five hours driving 280 miles to the courthouse and...

Shuttering of Prisoner Legal Services of Michigan to leave gap in service.
November 17, 2008... Byline: Carol Lundberg Criminal Justice The mountains of dusty boxes and dozens of half-empty file cabinets that surrounded Sandra Girard symbolized her plight: She ran out of time in her quest to help the state's prisoners. The...

Justice Elizabeth Weaver could be the swing vote on Michigan Supreme Court.
November 17, 2008... Byline: Todd C. Berg, Esq. Michigan Supreme Court - Analysis Even though Diane M. Hathaway will be the new justice on the Michigan Supreme Court, the justice who probably will have the most power on the newly constituted court is...

Disbarment of former Detroit Mayor Kwame Kilpatrick likely to stick.
November 17, 2008... Byline: Todd C. Berg, Esq. Analysis Legal ethics professor Lawrence A. Dubin of the University of Detroit Mercy School of Law said it's "very unlikely" former Detroit Mayor Kwame Kilpatrick will succeed in undoing the revocation of...

Michigan's common law discovery rule has a little life left.
November 17, 2008... Byline: Todd C. Berg, Esq. U.S. District Court, Eastern District of Michigan For plaintiffs seeking to escape the effect of the Michigan Supreme Court's recent striking down of the common law discovery rule, refuge may be in federal...

Workers' comp lawyer in Michigan uses Racketeer Influenced and Corrupt Organizations Act.
November 17, 2008... Byline: Todd C. Berg, Esq. 6th U.S. Circuit Court of Appeals To try to get money for injured clients denied workers' compensation benefits, Southfield attorney Marshall D. Lasser is using the federal law that has brought down Mafia...

Departing Michigan appeals judge expected to run for attorney general in 2010.
November 17, 2008... Byline: Carol Lundberg Judicial Profile When Michigan Court of Appeals Judge Bill Schuette packs up his Lansing office next month, he'll be returning to the private sector for the first time in nearly 15 years. But don't expect him to...

Lawyers sorting through federal and state genetic-information issues.
November 17, 2008... Byline: Douglas J. Levy Employment Law "Does it run in your family?" That's a question employers won't be asking current or potential employees come Nov. 21, 2009, when the federal Genetic Information Nondiscrimination Act of 2008...

A course in learning the ropes.(business development)
November 17, 2008... Byline: Danielle M. DeSiato Practice Management While not a requirement for being a lawyer, business development is a necessary skill to be a successful one in the long term. Unfortunately, there is no simple strategy that will...

Legal administrators worth their weight in billable hours.
November 17, 2008... Byline: Karen Glowacki Practice Management A professional legal administrator can manage your firm, practice or law department in a role similar to that of a CEO in other businesses. Some small firms and most mid-size and large...

Commentary: law-firm renovation requires building of a plan.
November 17, 2008... Byline: Stephanie A. Hood and Christopher O'Sullivan Once the decision to upgrade your offices is made, use these pointers to guide you: Consider hiring a project management consultant: For lease review, planning, design, team...

Advice to first-year attorneys: don't fear the workload.
November 17, 2008... Byline: Langston D. McFadden Practice Management I have taken the opportunity to speak with many first-year attorneys over the past several years and have found that one overwhelming concern is learning how to manage workload and meet...

What are your credentials?
November 17, 2008... Byline: Kristen V. Weller Practice Management Creating an effective attorney bio takes more than a simple list of dates and accomplishments. Rather, it's a matter of employing vivid imagery and short, concise narratives designed to tie...

Commentary: a firm can be too good, and a client can be too big.
November 17, 2008... Byline: Ed Poll When the partners of the 600-attorney-plus West Coast-based firm Heller Ehrman LLP suddenly voted for dissolution, many people were shocked that an institution that first opened 118 years ago, in 1890, could so quickly end...