Michigan Lawyers Weekly articles from October 2003

Michigan Lawyers Weekly archives from October 2003

Michigan Court Of Appeals Rules Dog-Bite Victim Has A Claim For Common-Law Negligence.
October 6, 2003... Byline: Michigan Lawyers Weekly Staff A woman who was bitten as she tried to move an injured dog out of the street could sue the dog's owners under a common-law negligence theory, the Michigan Court of Appeals has decided. The dog's...

Michigan Western District Court Rules Employee's Southern Accent Not Protected.
October 6, 2003... Byline: Karen M. Poole An employee who did not return to work after being teased about her Southern accent could not sue her employer for national origin discrimination, the Western District has ruled. The employee argued that regional...

Michigan Court Of Appeals Rules City Not Liable For Death Under Highway Exception.
October 6, 2003... Byline: Lynn Patrick Ingram The estate of a man who was run over by a car and killed could not recover from the city on the theory that it failed to provide proper street lighting, the Court of Appeals has ruled, on second remand. The...

Michigan Lawyers In The News: October 6, 2003.
October 6, 2003... Byline: Michigan Lawyers Weekly Staff Maria Ladas Hoopes and Brenda Jones Quick have been appointed to the Women's Commission for a term expiring July 15, 2006. Hoopes is a partner with Ladas, Hoopes, and Associates Law Offices. Quick...

Michigan Judge Fred J. Borchard Dies At 89.
October 6, 2003... Byline: Michigan Lawyers Weekly Staff Saginaw County Chief Circuit Judge Fred J. Borchard, who served 55 years on the bench, died of congestive heart failure. He was 89. Borchard retired in 1988 with 41 years of service, but continued...

Ingham County Circuit Court Rules Court Must Recognize Nigerian Marriage.
October 6, 2003... Byline: Sonny N. Sheth Where a couple's wedding in Nigeria resulted in a valid marriage under Nigerian law, the marriage must be recognized in Michigan, the Ingham County Circuit Court has ruled. The husband argued that there was no...

Attorney General Opinion Case Summaries: October 6, 2003.
October 6, 2003... Byline: Michigan Lawyers Weekly Staff Law Enforcement Private Roads - Traffic Violations The provisions of the Michigan Vehicle Code applicable to private roads authorize a police agency to issue citations to motorists for certain...

Michigan Supreme Court Orders: October 6, 2003.
October 6, 2003... Byline: Michigan Lawyers Weekly Staff Attorney Discipline Matters Morgan v. Attorney Grievance Comm'n. SC: 123746 ; AGC: 0374/03. On order of the Court, the complaint for mandamus is considered, and it is DISMISSED, because the Court...

Verdicts & Settlements October 6, 2003: No-Fault Insurance Coverage Established By Michigan Estoppel.
October 6, 2003... Byline: Michigan Lawyers Weekly Staff An Oakland County jury, in front of Circuit Court Judge Steven N. Andrews, handed down a unanimous verdict in favor of a medical provider who commenced a lawsuit to recover a substantial amount of...

U.S. Court of Appeals 6th Circuit Case Summaries: October 6, 2003.
October 6, 2003... Byline: Michigan Lawyers Weekly Staff Bankruptcy Chapter 7 - Valueless Lien Where the bankruptcy court determined that the Chapter 7 debtor may not avoid a valueless lien under Sect. 506 of the Bankruptcy Code to "strip off" an...

U.S. District Court Eastern District Case Summaries: October 6, 2003.
October 6, 2003... Byline: Michigan Lawyers Weekly Staff Employment Hybrid Section 301 Claim - Statute Of Limitations Where plaintiff-union members claim that defendant-union officials and defendant-employer violated a collective bargaining agreement...

Verdicts & Settlements October 6, 2003: Third-Party No-Fault Auto Neg Suit Settles For $225K.
October 6, 2003... Byline: Michigan Lawyers Weekly Staff On the afternoon of Sept. 9, 2001, the plaintiff, a 34-year-old man, was the restrained front-seat passenger in a car being driven by the defendant. The defendant was driving on the southbound Lodge...

Verdicts & Settlements October 6, 2003: Mich. Judge Issues No Cause In Real Estate/Toxic Mold Matter.
October 6, 2003... Byline: Michigan Lawyers Weekly Staff The parties were involved in the sale of a residential home in October 1998. Prior to this sale in 1987, the defendants were involved in a substantial fire at their former residence, with all necessary...

Michigan Probate Judge Thomas Gadola Dies At 70.
October 6, 2003... Byline: Michigan Lawyers Weekly Staff Genesee County Probate Judge Thomas Gadola died of an apparent heart attack while attending a University of Michigan football game. He was 70. Gadola, brother of U.S. District Judge Paul Gadola,...

Michigan Court of Appeals Case Summaries: October 6, 2003.
October 6, 2003... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Criminal Sexual Conduct, First Degree. Prearrest Silence. "[T]he prosecution sought to introduce evidence that defendant had been avoiding police contact. After the victim made...

Plaintiff Didn't Miss Work, PIP Benefits Still Available.
October 13, 2003... Byline: Karen M. Poole Correction (from the Oct. 27th edition) In the story, "PIP Benefits Available To Working Plaintiff," which appeared in the Oct. 13, 2003 issue, the matter was a third-party action and did not involve PIP...

Michigan Lawyers In The News: October 13, 2003.
October 13, 2003... Byline: Michigan Lawyers Weekly Staff Oliver Mitchell and Edward Smith Scott have been re-appointed to the Michigan Appellate Defender Commission for terms to expire May 24, 2007. Mitchell is assistant general counsel for Ford Motor...

Michigan Judge Geraldine Bledsoe Ford Dies At 76.
October 13, 2003... Byline: Michigan Lawyers Weekly Staff Judge Geraldine Bledsoe Ford, who served as the first black female judge in Michigan and was described as having a true passion for law, has died. She was 76. Ford, who battled juvenile diabetes...

Attorney General Opinion Case Summaries: October 13, 2003.
October 13, 2003... Byline: Michigan Lawyers Weekly Staff Constitutional Law Legislation - Public Act Number Senate Bill 393, which provides for urban high school academies, has become law pursuant to Const 1963, art 4, Sect. 33, and should be...

Michigan Employer Successfully Defends Pregnancy Discrimination Case.
October 13, 2003... Byline: Michigan Lawyers Weekly Staff Can an employer successfully defend against a pregnancy discrimination claim even though the employee had been one of the company's top salespeople? A no-cause verdict indicates that the answer is...

Michigan Supreme Court Orders Case Summaries: October 13, 2003.
October 13, 2003... Byline: Michigan Lawyers Weekly Staff Reversals And Remands People v. Fett. SC: 124142; COA: 238781; Oakland CC: 01-176561-FH. On order of the Court, the application for leave to appeal is considered. Pursuant to MCR 7.302(G)(1), in...

U.S. District Court Eastern District Case Summaries: October 13, 2003.
October 13, 2003... Byline: Michigan Lawyers Weekly Staff Constitutional Law First Amendment - Student's T- Shirt Where defendant-school officials prohibited plaintiff-high school student from wearing a t-shirt featuring a picture of President Bush...

Verdicts & Settlements October 13, 2003: Underinsured Third-Party Motorist Suit Settles For $1M.
October 13, 2003... Byline: Michigan Lawyers Weekly Staff This was an automobile accident case involving plaintiff Dennis Bills. On Dec. 14, 2001, Bills was travelling eastbound on I-69. At the time of the accident, he was driving a company vehicle insured by...

Verdicts & Settlements October 13, 2003: Drug Product Liability Class Action Nets $4.56M Settlement.
October 13, 2003... Byline: Michigan Lawyers Weekly Staff This case was filed as a class action on behalf of all Michigan residents who were injured by Bayer's cholesterol-lowering drug called Baycol. On the eve of a FDA recall, Bayer announced it would...

U.S. Court Of Appeals 6th Circuit Rules Sales Rep Has Claim Under The FMLA.
October 13, 2003... Byline: Sonny N. Sheth A sales representative who was fired after he refused to perform work-related tasks during a medical leave has a claim against his employer under the Family and Medical Leave Act (FMLA), the 6th Circuit has ruled....

As Lawyer Dues Rise, Bar Seeks More Info.
October 13, 2003... Byline: Michigan Lawyers Weekly Staff Correction In this story, "As Lawyer Dues Rise, Bar Seeks More Info," which appeared in the Oct. 13, 2003 issue, it was mistakenly stated that MCR 9.210 does not require reporting of misdemeanors,...

Michigan Court of Appeals Case Summaries: October 13, 2003.
October 13, 2003... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Receiving And Concealing Stolen Property; Felon In Possession Of A Firearm; Possession Of Marijuana; Habitual Offender, Fourth Offense. Prior Convictions. "'In the absence of...

U.S. Court of Appeals 6th Circuit Case Summaries: October 13, 2003.
October 13, 2003... Byline: Michigan Lawyers Weekly Staff Administrative Law Lake Regulation - Untimely Appeal Where plaintiffs seek a declaration that Crooked Lake is not part of the Sylvania Wilderness area and is therefore not within the...

Michigan Attorney General Opinion Case Summaries: October 20, 2003.
October 20, 2003... Byline: Michigan Lawyers Weekly Staff Employment Public Employees Retirement System - Investments Section 20d(1) of the Public Employee Retirement System Investment Act, MCL 38.1140d(1), does not permit a retirement system with...

Michigan Court of Appeals Case Summaries: October 20, 2003.
October 20, 2003... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Aggravated Stalking. Struck Testimony. "Defendant argues that the trial court erred in striking defendant's direct examination testimony after defendant refused to submit to...

Michigan Supreme Court Orders Case Summaries: October 20, 2003.
October 20, 2003... Byline: Michigan Lawyers Weekly Staff Court Rule Amendments ADM File No. 2003-44 Amendment of Rules 7.302, 9.118, and 9.122 of the Michigan Court Rules On order of the Court, the need for immediate action having been found,...

U.S. Court of Appeals 6th Circuit Case Summaries: October 20, 2003.
October 20, 2003... Byline: Michigan Lawyers Weekly Staff Civil Rights First Amendment - Right To Go Barefoot Where plaintiff-patron sued defendant-library for allegedly violating his right to receive information under the First and 14th Amendment by...

Michigan Court Of Appeals Rules Second Dismissal Wasn't On The Merits.
October 20, 2003... Byline: Karen M. Poole Even though the plaintiff filed and voluntarily dismissed two dramshop actions, she was not barred by res judicata from bringing the action for a third time, the Michigan Court of Appeals has decided. The...

Michigan Lawyers In The News: October 20, 2003.
October 20, 2003... Byline: Michigan Lawyers Weekly Staff Dawn McCarty has been appointed director of the Michigan Judicial Institute (MJI). McCarty was previously interim director of the MJI. Rodger D. Young has been appointed to the State Bar of...

U.S. District Court Case Summaries: October 20, 2003.
October 20, 2003... Byline: Michigan Lawyers Weekly Staff Civil Rights False Arrest - Probable Cause Where plaintiff driver and plaintiff-passenger sued defendant-police officers for false arrest arising from a traffic stop, defendants are entitled...

Verdicts & Settlements October 20, 2003: Deceased's Joint Bank Account Belonged To Estate.
October 20, 2003... Byline: Michigan Lawyers Weekly Staff Prior to their deaths, Angeline and Gasper Donato had accumulated savings that they intended to have divided equally between their two daughters upon their death. After father Gasper died, the name...

U.S. Supreme Court Western District Rules Pre-Judgment Interest To Include Time On Appeal.
October 20, 2003... Byline: Karen Poole The plaintiffs in a breach of contract action were entitled to pre-judgment interest from the time they filed their complaint through the time the jury reached its verdict, including a period in between when the matter...

Verdicts & Settlements October 20, 2003: Breach Of Warranty Claim Nets $110K Settlement.
October 20, 2003... Byline: Michigan Lawyers Weekly Staff The plaintiffs, a retired couple, purchased a new 2002 Winnebago Rialta motor home with a Volkswagen chassis from General Trailer in September 2001. In January 2002, the plaintiffs took the motor home...

Attorney Gregg A. Nathanson leaves New York and finds his niche in Michigan.
October 20, 2003... Byline: Sonny N. Sheth Farmington Hills attorney Gregg A. Nathanson cut his legal teeth in the Big Apple. When asked why he would give up the big city life and practice he was growing, his answer was simple. "I was mugged." The...

Michigan Court Of Appeals Rules Attorney On Inactive Status Cannot Collect Referral Fee.
October 20, 2003... Byline: Lynn Patrick Ingram An attorney who was on inactive status when she referred a case to a law firm is not entitled to a referral fee, the Michigan Court of Appeals has ruled. The law firm argued that it is unethical to share an...

U.S. District Court Western District Case Summaries: October 20, 2003.
October 20, 2003... Byline: Michigan Lawyers Weekly Staff Chapter 7 Untimely Child Support Claim - Motion To Amend Granted Where the Internal Revenue Service moved to amend the debtor's Chapter 7 claim to allow the debtor's former spouse to claim a...

Verdicts & Settlements October 20, 2003: Mich. Jury Awards $400K For Deliveryman's Slip & Fall.
October 20, 2003... Byline: Michigan Lawyers Weekly Staff This case involved a slip and fall down chronically wet interior steps by invitee deliveryman. According to plaintiff's counsel, the fall was caused by unsecured, water-soaked rubber matting on top...

Michigan Circuit Judge Fred J. Borchard Dies At 55.
October 27, 2003... Byline: Michigan Lawyers Weekly Staff Michigan's longest serving judge passed away on Sept. 29, 2003, at his home from congestive heart failure. The Hon. Fred J. Borchard served the citizens of Michigan for 55 years. Borchard was first...

Michigan Attorney Discipline Board Case Summaries: October 27, 2003.
October 27, 2003... Byline: Michigan Lawyers Weekly Staff Excessive Fees Restitution - Discourteous Behavior Where a hearing panel determined that respondent charged a client excessive fees, the finding is supported by the record but the amount of...

Michigan Attorney General Opinion Case Summaries: October 27, 2003.
October 27, 2003... Byline: Michigan Lawyers Weekly Staff Licenses And Permits Driver License - Name Change The Michigan Secretary of State may, but is not required to, accept an affidavit alone as sufficient legal proof to effectuate a common law...

Michigan Court of Appeals Case Summaries: October 27, 2003.
October 27, 2003... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Carjacking. Sufficient Evidence. "It is clear that defendant committed the offense of carjacking when, in order to take the motorcycle, defendant pointed a gun at the owner of...

Michigan Court of Appeals Case Summaries: October 27, 2003.
October 27, 2003... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Murder, Second Degree, Aiding And Abetting; Armed Robbery; Felony Firearm. Prosecutorial Misconduct. "Defendant first argues that error occurred when the prosecutor elicited...

U.S. Court Of Appeals 6th Circuit Rules Employer Interfered With FMLA Protections.
October 27, 2003... Byline: Sonny N. Sheth An employee who missed work after being injured in a motorcycle accident was not required to comply with his employer's internal notice requirements where he otherwise complied with the requirements of the Family and...

Michigan Lawyers In The News: October 27, 2003.
October 27, 2003... Byline: Michigan Lawyers Weekly Staff Julia Perkins was elected by the State Bar of Michigan as a member representative of the assembly of the Third Circuit. Perkins, a partner with Jaffe Raitt Heuer & Weiss, P.C., concentrates her...

U.S. Court of Appeals 6th Circuit Case Summaries: October 27, 2003.
October 27, 2003... Byline: Michigan Lawyers Weekly Staff Civil Procedure Jurisdiction - Garnishment Action Where defendant-Flint police officers stole plaintiff's dog from her car and settled the suit plaintiff later filed against them, the federal...

U.S. District Court Western District Case Summaries: October 27, 2003.
October 27, 2003... Byline: Michigan Lawyers Weekly Staff Bankruptcy Attorney Fees - Disgorgement Where appellant-attorney, who represented the debtors in this Chapter 7 case, appeals the Bankruptcy Court's order, granting appellee-trustee's motion...

Time May Be Right For Mandatory Malpractice Insurance.
October 27, 2003... Byline: Michigan Lawyers Weekly Staff Now is an appropriate time for the State Bar to consider whether legal malpractice insurance -- or disclosure of the lack of such insurance -- should be mandatory. There appears to be a movement...

Michigan Court Of Appeals Rules Quantum Meruit Legal Fees Precluded.
October 27, 2003... Byline: Lynn Patrick Ingram Even though an attorney secured an award of damages for his client, he was not entitled to any attorney fees because he failed to collect the award due to an emotional breakdown, the Michigan Court of Appeals...

Verdicts & Settlements October 27, 2003: Breach Of Contract Claim Nets $30.1M Verdict.
October 27, 2003... Byline: Michigan Lawyers Weekly Staff Where the plaintiffs claim the defendant misappropriated a caricature they created, some of the plaintiffs' state-law claims are pre-empted by federal copyright law. The plaintiffs created a...

Verdicts & Settlements October 27, 2003: $6.15M Settlement Awarded In Med-Mal Birth Matter.
October 27, 2003... Byline: Michigan Lawyers Weekly Staff Detroit attorneys Terry A. Dawes and Brian J. McKeen represented plaintiff Peggy Havard and her disabled son, Juan Havard. They appeared in Wayne County Circuit Court on May 8, 2003 to place the terms...

Verdicts & Settlements October 27, 2003: Mich. Jury Awards $250K For Third-Party No-Fault Matter.
October 27, 2003... Byline: Michigan Lawyers Weekly Staff A Bay County jury of four men and two women returned a verdict of $250,000 for a 25-year-old Bay City man in his suit arising from a Jan. 28, 2000 two-car accident on Four Mile Road, just south of...

Proposed Bill In Michigan Seeks To Cap Home Health Care Benefits.
October 27, 2003... Byline: Karen Poole Legislation to place a cap on home health care benefits for injury victims has no-fault practitioners and medical care providers crying foul. According to Lansing attorney George T. Sinas, HB 5135, introduced by...

Michigan Court Of Appeals Rules Med-Mal Claim Shouldn't Have Been Dismissed With Prejudice.
October 27, 2003... Byline: Karen M. Poole A medical malpractice claim should not have been dismissed with prejudice where the plaintiff filed a notice of intent to sue but did not wait the required number of days before filing his complaint and affidavit of...

Michigan Supreme Court Orders: October 27, 2003.
October 27, 2003... Byline: Michigan Lawyers Weekly Staff Court Rule Amendments ADM File Nos. 1998-50 and 2001-19 Amendment of Rule 3.973 of the Michigan Court Rules On order of the Court, Rule 3.973 of the Michigan Court Rules is amended,...

U.S. District Court Case Summaries: October 27, 2003.
October 27, 2003... Byline: Michigan Lawyers Weekly Staff Constitutional Law Deep Water Wells - Drilling Moratorium Where plaintiff-potato farmers claim that defendant-township's moratorium on drilling deep wells for irrigation is unconstitutional,...