Michigan Lawyers Weekly articles from October 2004

Michigan Lawyers Weekly archives from October 2004

Slip & fall victim can sue builder for damages, rules Michigan Court of Appeals.
October 4, 2004... Byline: Karen M. Poole A restaurant patron who slipped and fell on a patch of ice that formed when water dripped from an improperly constructed roof should have been allowed to amend his complaint to allege a nuisance claim against the...

Med-mal contingency fees could be capped by Michigan lawmakers.
October 4, 2004... Byline: Karen M. Poole A bill that seeks to place a 25 percent cap on medical malpractice contingency fees has practitioners concerned that victims of malpractice would no longer receive adequate representation because lawyers would not be...

Michigan Attorney General Opinion Summaries: October 4, 2004.
October 4, 2004... Byline: Michigan Lawyers Weekly Staff Constitutional Law Surface Water And Groundwater - Authority To Regulate The Legislature has the authority under Const 1963, art 4, Sects. 51 and 52, to regulate the withdrawal and uses of the...

U.S. Bankruptcy Court Case Summaries: October 4, 2004.
October 4, 2004... Byline: Michigan Lawyers Weekly Staff Administrative Order UNITED STATES BANKRUPTCY COURT - EASTERN DISTRICT OF MICHIGAN In Re: Administrative Order Regarding No. 04-05 Certain Chapter 13 Procedures Administrative Order...

U.S. District Court Western District Case Summaries: October 4, 2004.
October 4, 2004... Byline: Michigan Lawyers Weekly Staff Communications Law Satellite Piracy - Damages Where plaintiff-television satellite company sued defendant-end user for pirating their signal and where defendant defaulted by failing to appear...

Michigan Supreme Court to decide if food is an allowable expense for in-home care claimants.
October 4, 2004... Byline: Karen M. Poole The Michigan Supreme Court will soon decide whether food is an allowable expense for incapacitated claimants receiving in-home care. The high court will review the Court of Appeals ruling that, under Reed v....

Michigan Lawyers in the News: October 4, 2004.
October 4, 2004... Byline: Michigan Lawyers Weekly Staff NewsMakers Elections Nancy J. Diehl, chief prosecuting attorney, felony trial division for the Wayne County Prosecutor's Office, has been elected president of the State Bar of Michigan. ...

U.S. Court of Appeals 6th Circuit Case Summaries: October 4, 2004.
October 4, 2004... Byline: Michigan Lawyers Weekly Staff Bankruptcy Chapter 7 - No Absolute Right Of Conversion To Chapter 13 Where the debtor sought to convert his Chapter 7 bankruptcy petition to a Chapter 13 case, he does not have an absolute...

Commentary: Outsourcing HR - Changing the practice of law to perfection.
October 4, 2004... Byline: Bradford Qua Let's face it. The legal profession is a service industry and service industries live and die by client rapport. It is not enough anymore to have satisfied clients. Now, a firm has to have clients that are...

Michigan Court of Appeals Case Summaries: October 4, 2004.
October 4, 2004... Byline: Michigan Lawyers Weekly Staff Appeals Governmental Immunity - Final Order Where plaintiff sued defendant-law enforcement agent for intentional torts arising from defendant's arrest of plaintiff, and the trial court...

Michigan Court of Appeals Unpublished Civil Case Summaries: October 4, 2004.
October 4, 2004... Byline: Michigan Lawyers Weekly Staff Civil Procedure Res Judicata - Claim Barred Where plaintiffs sued defendant for various claims arising from the building of a condominium development, we affirm the trial court's determination...

Michigan Court of Appeals Unpublished Criminal Case Summaries: October 4, 2004.
October 4, 2004... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Resisting And Obstructing A Police Officer. Sufficient Evidence. "The jury was entitled to accept the officers' testimony that defendant physically resisted the effort to place...

Michigan Supreme Court Case Summaries: October 4, 2004.
October 4, 2004... Byline: Michigan Lawyers Weekly Staff Proposed Court Rule Amendments ADM File No. 2003-65 Proposed Amendment of Rules 6.425, 7.210, and 8.119 of the Michigan Court Rules On order of the Court, this is to advise that the Court...

Officer not entitled to an appeal as of right, rules Mich. Court of Appeals.
October 4, 2004... Byline: Karen M. Poole A police officer was not entitled to an appeal as of right where the trial court denied his motion for summary disposition of intentional tort claims that were filed against him after charges against the plaintiff...

Verdicts & Settlements October 4, 2004: 'No cause' in arson, insurance-fraud matter.
October 4, 2004... Byline: Michigan Lawyers Weekly Staff A fire occurred on the plaintiff's premises, which were insured by defendant Farm Bureau Insurance Company. After a thorough investigation, the defendant denied coverage based on arson, fraud, false...

Verdicts & Settlements October 4, 2004: Driver wins 'no cause' against motorcyclist.
October 4, 2004... Byline: Michigan Lawyers Weekly Staff On June 9, 2002, both plaintiff Theodore Chalus and defendant Lawrence Glista were traveling west on 44th Avenue near Lawrence. The plaintiff rode a motorcycle, while the defendant drove a tractor,...

Verdicts & Settlements October 4, 2004: First-party, no-fault claim results in 'no cause'.
October 4, 2004... Byline: Michigan Lawyers Weekly Staff While parked on the side of the highway -- in a broken-down car -- the plaintiff was struck by an oncoming vehicle and sustained serious injuries resulting in paraplegia. Claiming to be a resident...

Michigan Senate's 'Kreiner Fix Bill' lowers the serious impairment threshold.
October 11, 2004... Byline: Karen M. Poole No-fault experts say that Senate Bill 1429 -- also known as the "Kreiner Fix Bill" -- would make it easier for plaintiffs to meet the serious impairment threshold by clarifying what the Legislature actually meant by...

Michigan Court of Appeals rules product liability, loss of consortium awards capped.
October 11, 2004... Byline: Lynn Patrick Ingram Noneconomic damages awarded to a plaintiff making a product liability claim and a co-plaintiff making a derivative claim for loss of consortium must be added together and subjected to the product liability...

Michigan Court of Appeals Unpublished Criminal Case Summaries: October 11, 2004.
October 11, 2004... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Possession With Intent To Deliver More Than 25 But Less Than 225 Grams Of Cocaine; Possession Of Less Than 25 Grams Of Cocaine; Possession Of Marijuana; Felony Firearm....

U.S. Bankruptcy Court Case Summaries: October 11, 2004.
October 11, 2004... Byline: Michigan Lawyers Weekly Staff Bankruptcy Filings Chapters 7 And 13 - Simultaneous Cases Permitted Where the debtor opened a Chapter 7 bankruptcy case and later opened a Chapter 13 case before the Chapter 7 was closed, the...

Commentary: Software-related patents: Risks and opportunities.
October 11, 2004... Byline: Christopher Falkowski "To invent, you need a good imagination and a pile of junk." -- Thomas Edison Over the course of his life, 1,093 patents were issued to Thomas Edison. To put that number in perspective, the U.S....

Verdicts & Settlements October 11, 2004: Attorney's lien yields $100K in PIP action.
October 11, 2004... Byline: Michigan Lawyers Weekly Staff After the plaintiff suffered a catastrophic head injury, defendant Farm Bureau cancelled the automobile insurance on the vehicle she had been riding in, claiming non-payment of premiums by the owner....

Debtor can't convert to Chapter 13 bankruptcy, rules 6th Circuit.
October 11, 2004... Byline: David M. Benson A college professor who spent nine years evading his ex-wife's attempts to collect amounts due under the parties' divorce decree was properly prevented from converting his bankruptcy case from chapter 7 to chapter...

'Kreiner' not death knell for no-fault tort claims.
October 11, 2004... Byline: Todd C. Berg Practitioners tell Lawyers Weekly that a recent unpublished Court of Appeals decision reversing a trial court's finding of no "serious impairment" in a soft-tissue injury case proves that all is not lost for plaintiffs...

Michigan Supreme Court Orders: October 11, 2004.
October 11, 2004... Byline: Michigan Lawyers Weekly Staff Reversals And Remands People v. James. SC: 125752; COA: 244151; Wayne CC: 01-014170-01. On order of the Court, the application for leave to appeal the January 22, 2004 judgment of the Court of...

U.S. Court of Appeals 6th Circuit Case Summaries: October 11, 2004.
October 11, 2004... Byline: Michigan Lawyers Weekly Staff Attorneys Contingency Fee Agreement - Civil Action While In Bankruptcy Where (1) a bankruptcy judge authorized a chapter 11 debtor to retain an attorney as special counsel in order to prosecute...

Michigan Lawyers in the News: October 11, 2004.
October 11, 2004... Byline: Michigan Lawyers Weekly Staff NewsMakers Appointments Jason Hillman has been appointed to the board of trustees at Temple Israel in West Bloomfield Township. Hillman, an associate with Southfield-based Jaffe Raitt...

Michigan Attorney General Opinion Summaries: October 11, 2004.
October 11, 2004... Byline: Michigan Lawyers Weekly Staff Constitutional Law Manufactured Housing Commission - Status The Manufactured Housing Commission established under the Mobile Home Commission Act, MCL 125.2301 et seq, is not an "appointed...

Michigan Court of Appeals Case Summaries: October 11, 2004.
October 11, 2004... Byline: Michigan Lawyers Weekly Staff Criminal Law Perjury - Conviction Reversed Where a jury convicted defendant of perjury in a court proceeding, we reverse because the trial court improperly admitted testimonial hearsay upon...

Michigan Court of Appeals Unpublished Civil Case Summaries: October 11, 2004.
October 11, 2004... Byline: Michigan Lawyers Weekly Staff Arbitration Post- Judgment Interest - Properly Denied Where defendants appeal the circuit court's order denying their motion for post-judgment interest on an arbitration award in this...

Commentary: Leveraging intellectual property.
October 11, 2004... Byline: Jonathan P. O'Brien One of the hottest buzzwords associated with intellectual property -- trade secrets, patents, trademarks, and copyrights -- is leverage. Leveraging or maximizing the value of IP assets can be accomplished in...

Verdicts & Settlements October 11, 2004: $470K verdict for age discrimination.
October 11, 2004... Byline: Michigan Lawyers Weekly Staff Plaintiff Dr. David Stockman, a 73-year-old dentist, was fired by defendants Oakcrest Dental Center, P.C., and Dr. Louis Leonor, even though the defendants acknowledged that Stockman practiced a high...

Verdicts & Settlements October 11, 2004: Auto negligence claim settles for $358K.
October 11, 2004... Byline: Michigan Lawyers Weekly Staff On May 31, 2002, the defendant rear-ended the plaintiff on I-275. The impact caused very slight damage to the parties' vehicles. However, the plaintiff developed a right-sided C4-5 disc herniation...

Verdicts & Settlements October 11, 2004: Forklift accident settles for $925K.
October 11, 2004... Byline: Michigan Lawyers Weekly Staff The plaintiff was seriously injured when an employee of another subcontractor on the construction site negligently operated a forklift by failing to properly secure and raise materials for the...

Michigan Court of Appeals Unpublished Civil Case Summaries: October 18, 2004.
October 18, 2004... Byline: Michigan Lawyers Weekly Staff Administrative Law Emergency License Revocation - No Jurisdiction Where the Wayne County Circuit Court's order reversed an Administrative Law Judge (ALJ) who barred petitioner-nursing facility...

U.S. Court of Appeals 6th Circuit Case Summaries: October 18, 2004.
October 18, 2004... Byline: Michigan Lawyers Weekly Staff Constitutional Law Michigan Statute - Drug Product Liability Where a plaintiff argues that the district court erred by failing to declare Mich. Comp. Laws section 600.2946(5) unconstitutional...

Commentary: Update on fee sharing with lawyers.
October 18, 2004... Byline: Marcia L. Proctor Michigan Rule of Professional Conduct 1.5(e) permits lawyers who are not in the same firm to divide legal fees. The rule states: "A division of a fee between lawyers who are not in the same firm may be made...

Bike rider hurt in 'berm' can't sue city for injuries, rules Michigan Court of Appeals.
October 18, 2004... Byline: Lynn Patrick Ingram A man who was injured when he rode his bike over a curb and landed in a sand-filled hole in the grassy area between the street and the sidewalk -- the berm -- cannot sue the city under the highway exception to...

Michigan Court of Appeals Case Summaries: October 18, 2004.
October 18, 2004... Byline: Michigan Lawyers Weekly Staff Criminal Law Non- Testifying Codefendant's Statement - Improperly Admitted Where the U.S. Supreme Court case Crawford v. Washington, applies retrospectively, the trial court improperly admitted...

Michigan Court of Appeals Unpublished Criminal Case Summaries: October 18, 2004.
October 18, 2004... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Unarmed Robbery. Other Acts. Evidence of the other act -- possession of stolen property -- was properly offered to show common scheme or plan. People v. Felton. (Michigan...

Patient's insanity may have tolled SOL, rules Michigan Court of Appeals.
October 18, 2004... Byline: Karen M. Poole A patient's medical care providers were not entitled to summary disposition based on the statute of limitations because a question of fact remained regarding whether the patient was "insane" when her medical...

Equine lawyer represents a new breed of clients.
October 18, 2004... Byline: Amanda L. Aranowski Julie I. Fershtman Education Emory Law School (1986) Emory College (1983) Experience Law Offices of Julie Fershtman (1993-present); of counsel, Zausmer, Kaufman, August & Caldwell;...

Ability to pay support relevant to termination, rules Michigan Court of Appeals.
October 18, 2004... Byline: Todd C. Berg A noncustodial parent's ability to pay was properly considered by the trial court in deciding whether to terminate her parental rights for non-support, even though the issue of her child support obligation was reserved...

Michigan Lawyers in the News: October 18, 2004.
October 18, 2004... Byline: Michigan Lawyers Weekly Staff NewsMakers Appointments Several individuals have been appointed to the Task Force on Children's Justice for a term expiring June 30, 2006. They include: Jean P. Carl; Nancy J. Diehl; Cass...

Commentary: Potential perils of office sharing - a common arrangement.
October 18, 2004... Byline: Alan M. Petrov The following scenario is common in the Midwest and, indeed, all across the country. While it may be convenient, this arrangement presents some potential perils. Three lawyers occupy one suite of offices. The...

Verdicts & Settlements October 18, 2004: $775K Settlement For Sex Harassment.
October 18, 2004... Byline: Michigan Lawyers Weekly Staff Plaintiff Lynette Burns was a fingerprint technician for the Detroit Police Department. In her four-count complaint, she alleged that two male coworkers on the midnight shift sexually harassed her and...

Verdicts & Settlements October 18, 2004: Employment bias claim nets $4M.
October 18, 2004... Byline: Michigan Lawyers Weekly Staff The plaintiff, a police officer with the City of Allen Park, received punishments where other officers were counseled or received none. Plaintiff's counsel said the plaintiff and supporting...

Verdicts & Settlements October 18, 2004: Summary disposition for garnishee insurer.
October 18, 2004... Byline: Michigan Lawyers Weekly Staff Michael Dell died while he was a prisoner under the custody and control of the Michigan Department of Corrections. His remains were cremated. Before the cremation took place, the body was sent to Turner...

Wayne County Circuit Court decision may provide way around 'Cameron'.
October 25, 2004... Byline: Karen M. Poole A recent Wayne County Circuit Court decision may provide a roadmap for plaintiffs' lawyers looking to find a way around the Michigan Supreme Court's recent decision in Cameron v. Auto Club. Ins. Ass'n. In...

Michigan Lawyers in the News: October 25, 2004.
October 25, 2004... Byline: Michigan Lawyers Weekly Staff NewsMakers Appointments Richard D. McLellan has been reappointed chairman of the Michigan Law Revision Commission. McLellan, member-in-charge of Dykema Gossett PLLC's Lansing office,...

U.S. Court of Appeals 6th Circuit Case Summaries: October 25, 2004.
October 25, 2004... Byline: Michigan Lawyers Weekly Staff Criminal Law Tax Evasion - Jury Instructions Where (1) the jury in a tax evasion case was instructed regarding good faith as a defense to the crime of tax evasion while simultaneously...

Commentary: Common structured settlement misconceptions.
October 25, 2004... Byline: Cyril S. White This article will address the many common questions and misconceptions relating to structured settlement annuities and the use of settlement consultants. * Will an attorney using his own settlement consultant...

Police crash caught on tape settles for $1.95M.
October 25, 2004... Byline: Todd Berg Can the estate of a man killed in a collision with a police cruiser recover significant damages for wrongful death, even though the victim did not live to explain how the accident occurred? A $1.95 million settlement...

Woman who fell in snowy lot gets her claim to jury, rules Michigan Court of Appeals.
October 25, 2004... Byline: Lynn Patrick Ingram An elderly woman who slipped and fell on black ice in a snow-covered parking lot can get to the jury on her negligence claim because such a danger is not open and obvious as a matter of law, the Michigan Court...

U.S. District Court Eastern District Case Summaries: October 25, 2004.
October 25, 2004... Byline: Michigan Lawyers Weekly Staff Election Law Provisional Ballots - Casting And Tabulation Where the Michigan Secretary of State directed election workers not to count any provisional ballots cast by electors who are not in...

Verdicts & Settlements October 25, 2004: $226K For Med-Mal 'Damages Only' Award.
October 25, 2004... Byline: Michigan Lawyers Weekly Staff This medical malpractice case was tried on the issue of damages only after the Court of Appeals reversed the trial court's decision to set aside the default, which was entered when the defendant failed...

Michigan Court of Appeals Case Summaries: October 25, 2004.
October 25, 2004... Byline: Michigan Lawyers Weekly Staff Criminal Law Evidence - Other Acts Evidence Where evidence of sexual incidents that occurred with two other women was admitted, there was no error and defendant's third- and fourth-degree...

Michigan Court of Appeals Unpublished Civil Case Summaries: October 25, 2005.
October 25, 2004... Byline: Michigan Lawyers Weekly Staff Arbitration Timeliness Of Claim - Decision For Arbitrator Where defendant sought to enforce an arbitration clause in the parties' contract for allegedly defective architectural services and...

Michigan Court of Appeals Unpublished Criminal Case Summaries: October 25, 2005.
October 25, 2004... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Possession With Intent To Deliver 50 Grams Or More But Less Than 225 Grams Of Cocaine. Sufficient Evidence. "[T]he evidence showed that defendant had actual possession of a bag...

Michigan Supreme Court Orders: October 25, 2004.
October 25, 2004... Byline: Michigan Lawyers Weekly Staff Administrative Orders ADM File No. 2000-32 Administrative Order No. 2004-6 Minimum Standards for Indigent Criminal Appellate Defense Services On order of the Court, this is to advise...

Child gets dependent benefits via WDCA, rules Michigan Court of Appeals.
October 25, 2004... Byline: Todd C. Berg A child whose father was killed in a work-related accident may collect workers' compensation dependent benefits, even though she was not living with her father at the time of his death, the Michigan Court of Appeals...

Verdicts & Settlements October 25, 2004: Breach of contract claim nets $250K.
October 25, 2004... Byline: Michigan Lawyers Weekly Staff The plaintiff, a citizen of Germany, loaned the defendant, a close personal friend and physician, $250,000. The money was to be repaid in two to three weeks with no interest. When the defendant did...

Verdicts & Settlements October 25, 2004: $9M verdict for PI, dramshop.
October 25, 2004... Byline: Michigan Lawyers Weekly Staff During the evening of June 15, 2001, defendant minor Matthew Henney unlawfully purchased beer from defendant Kelly Fuels' Woodland Mobil store. After drinking five or more of these beers, he negligently...

Verdicts & Settlements October 25, 2004: Wrongful death matter settles for $1.95M.
October 25, 2004... Byline: Michigan Lawyers Weekly Staff This case involved an automobile collision between a City of Battle Creek police officer and a former Battle Creek City Commissioner who was self employed as a laborer at the time of the accident. The...