Michigan Lawyers Weekly articles from October 2005

Michigan Lawyers Weekly archives from October 2005

Kent County jury awards thyroidectomy patient $1.6M medical-malpractice verdict.(Bartolome, et al. v. Johnson, et al.)
October 3, 2005... Byline: Denise G. Callahan Can an injured thyroidectomy patient win a substantial medical-malpractice verdict, even though she tried the case in a county where juries are known to be quite conservative? A $1.6 million jury verdict in...

Practitioners explore issues of referring cases and mastering the fine art of referral fees.
October 3, 2005... Byline: Sheryl M. Vassallo Practitioners tell Michigan Lawyers Weekly that the judiciary's ability to administer justice is greatly enhanced by the legal community's time-honored and time-tested system for referring cases. Through a...

MI Lawyers in the News: October 3, 2005.(Thomas Evans joined 55th Circuit Court, Thomas F. Cavalier joined State Bar of Michigan Justice Initiatives Committee, Steven M. Ribiat joined State Bar of Michigan Standing Committee on Ethics)
October 3, 2005... Byline: Michigan Lawyers Weekly Staff Appointments Thomas Evans has been appointed to the 55th Circuit Court, which covers Gladwin and Clare counties. Evans, of Beaverton, was previously Gladwin County prosecutor. Thomas F....

Commentary: Securing the company's intellectual property.
October 3, 2005... Byline: Duane Hopkins The growing concern with the security around intellectual property has emerged as one of the plagues in the 21st century. The new era of business has brought more complex issues as to how companies are protecting...

Verdicts & Settlements October 3, 2005: Slip and fall settles for $109K.(Buckmaster v. Shelby Coney Island, Inc.)
October 3, 2005... Byline: Michigan Lawyers Weekly Staff This slip and fall incident occurred on the defendant's business premises. The plaintiff was employed by the Detroit Newspaper Agency as a delivery driver, and part of her route included delivery of...

Verdicts & Settlements October 3, 2005: Crane malfunction nets $1.2M settlement.(McGrady v. Cooper Tools, Inc.)
October 3, 2005... Byline: Michigan Lawyers Weekly Staff Plaintiff Jesse McGrady was a 51-year-old skilled tradesman who had worked at DaimlerChrysler's Warren Stamping Plant for more than 33 years. His skull and jaw were fractured when a massive industrial...

Verdicts & Settlements October 3, 2005: Severe arm injury settles for $100K.(ABC Seaman v. XYZ Boating Company)
October 3, 2005... Byline: Michigan Lawyers Weekly Staff Plaintiff crewmember was allowed, by way of the captain's express permission, to depart the vessel to go "up the street," where it was suspected that he would go to a bar to drink. The defendant had...

Verdicts & Settlements October 3, 2005: Intentional tort suit settles for $43K.(Stapleton v. Davis Tool)(Brief Article)
October 3, 2005... Byline: Michigan Lawyers Weekly Staff Plaintiff was a 20-year-old employee of a now-defunct press facility whose hand was crushed when the press die was broken during normal operation. Discovery showed the defendants were solely concerned...

U.S. Court of Appeals 6th Circuit Case Summaries: October 3, 2005.(United States v. Bay Mills Indian Community)(Rizqallah v. Spartan Stores Inc.)(Rendon v. Transp. Security Admin.)
October 3, 2005... Byline: Michigan Lawyers Weekly Staff Civil Procedure Intervention - Properly Denied We affirm the district court's order denying the proposed intervenors' (Michigan Fisheries Resource Conservation Coalition (MFRCC), Stuart...

Michigan Supreme Court Orders: October 3, 2005.(People v. Bell)(McClements v. Ford Motor Co.)
October 3, 2005... Byline: Michigan Lawyers Weekly Staff Rehearing Denied Order Argument Ordered Rehearing No. 524 People v. Bell. SC: 125375; COA: 233234; Wayne CC: 99-009228. On order of the Court, a motion for rehearing is considered and, in...

Kent County Circuit Court judge rules slip and fall victim's premises liability suit can go to jury.(Rizqallah v. Spartan Stores Inc.)
October 3, 2005... Byline: Todd C. Berg, Esq. Circuit Court Report A man who allegedly slipped and fell on clear liquid in the produce department of a grocery store is entitled to have his premises liability claim heard by a jury, a Kent County Circuit...

Michigan Court of Appeals Case Summaries: October 3, 2005.(Kopp v. Zigich)(Taxpayers of Michigan Against Casinos v. State of Michigan)(Stocker v. Trimount/Bay Harbor Building Co.)
October 3, 2005... Byline: Michigan Lawyers Weekly Staff Civil Procedure Notice Of Non- Party At Fault - Motion To Strike Defendants were improperly prevented from naming plaintiff's employer as a non-party at fault where plaintiff slipped and fell...

Michigan Court of Appeals Unpublished Civil Case Summaries: October 3, 2005.(Clark Hill PLC v. Katz)(Lin v. Hurley Medical Center)
October 3, 2005... Byline: Michigan Lawyers Weekly Staff Attorneys Collection Of Fees - Statute Of Limitations The statute of limitations for a law firm's breach of contract action against a divorce client, who had not paid the firm any attorney...

Michigan Court Of Appeals Unpublished Criminal Case Summaries: October 3, 2005.(People v. Peoples)(People v. Folden)(People v. Waits)
October 3, 2005... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Felonious Assault; Assault And Battery; Assaulting, Resisting Or Obstructing A Police Officer. Undisclosed Evidence. "Defendant has not established a Brady violation in...

U.S. Bankruptcy Court Case Summaries: October 10, 2005.(re: Einkorn)(re: Lindstrom)(re: Mitan )
October 10, 2005... Byline: Michigan Lawyers Weekly Staff Chapter 7 Homestead Exemption - State- Law Cap A married couple who filed a joint Chapter 7 bankruptcy petition is not entitled to claim more than the $30,000 homestead exemption provided for...

Michigan Supreme Court Case Summaries: October 10, 2005.(Mayberry v. General Orthopedics )
October 10, 2005... Byline: Michigan Lawyers Weekly Staff Medical Malpractice Notice Of Intent - Tolling Of Statute Of Limitations Plaintiffs' notice of intent to sue a defendant for medical malpractice, which was filed when there was still more than...

Michigan Supreme Court Orders: October 10, 2005.(Clayton v. Attorney Grievance Comm'n)(Brief Article)
October 10, 2005... Byline: Michigan Lawyers Weekly Staff Attorney Discipline Matters Clayton v. Attorney Grievance Comm'n. SC: 128302; AGC: 2853/02. On the order of the Court, the complaint for superintending control is considered, and relief is DENIED,...

Michigan Court of Appeals Case Summaries: October 10, 2005.(DLF Trucking v. Bach)(Sehlke v. Vandermaas)(Villadsen, et al. v. Mason County Road Comm'n)
October 10, 2005... Byline: Michigan Lawyers Weekly Staff Construction Law Lien - Enforcement Action In this construction lien dispute, the property owners' (Bach) payment in full to defendant-contractor (Lucas) precludes enforcement of...

Michigan Court Of Appeals Unpublished Civil Case Summaries: October 10, 2005.(Public Notice)
October 10, 2005... Byline: Michigan Lawyers Weekly Staff Administrative Law Casino Gambling - Disassociated Persons List All of plaintiff's claims against defendant-casinos arising from the "disassociated persons" list are barred by the clear and...

MI Court of Appeals rules mother's unauthorized move allows father to reopen custody issue.(Sehlke v. Vandermaas)
October 10, 2005... Byline: Todd C. Berg, Esq. A father who shared legal custody of his son with his son's mother was entitled to a hearing on his motion to change custody after his son's mother moved her legal residence more than 100 miles without first...

MI Attorney General Opinions: October 10, 2005.(Brief Article)
October 10, 2005... Byline: Michigan Lawyers Weekly Staff Municipal Law Fire Service - Fees A municipal ordinance imposing fees for fire service runs adopted pursuant to MCL 41.806a may only be applied within the territory of that municipality. In...

MI Attorney Discipline Board Case Summaries: October 10, 2005.(Grievance Administrator v. Mark C. Matheny)(Grievance Administrator v. David W. Potts)(Grievance Administrator v. Harry R. Boffman, III)
October 10, 2005... Byline: Michigan Lawyers Weekly Staff Client Funds Misappropriation - License Revoked The appropriate level of discipline for an attorney who commingled client funds with his own, misappropriated more than $55,000 of client funds...

MI Court of Appeals rules woman's no-fault claim meets noneconomic damages threshold.(McDanield v. Hemker)
October 10, 2005... Byline: Todd C. Berg, Esq A woman who claimed the pain from her automobile accident-related injuries prevented her from leading her normal, pre-accident life by interfering with her ability to work, garden and engage in athletic activities...

Drug company immunity laws draw fire from Michigan legislators.
October 10, 2005... Byline: Denise G. Callahan Even though the Legislature is already contemplating a package of bills aimed at lifting the cloak of immunity which for years has protected the drug industry in Michigan, the bill with the greatest chance for...

Commentary: Dealing with an insurer's insolvency.
October 10, 2005... Byline: James E. Lozier The adverse impact of the insolvency of an insurance carrier typically reverberates throughout the U.S. and often internationally. Reliance upon the security afforded by health, life, property, and casualty...

Verdicts & Settlements October 10, 2005: Intentional tort suit settles for $43K.(Stapleton v. Davis Tool)(Brief Article)
October 10, 2005... Byline: Michigan Lawyers Weekly Staff Plaintiff was a 20-year-old employee of a now-defunct press facility whose hand was crushed when the press die was broken during normal operation. Discovery showed the defendants were solely concerned...

Verdicts & Settlements October 10, 2005: $400K verdict for sexual harassment case.
October 10, 2005... Byline: Michigan Lawyers Weekly Staff This case involved violations of the Elliott-Larsen Civil Rights Act, as well as sexual harassment and hostile work environment claims. Defendant Means Industries, Inc., employed both plaintiff...

Verdicts & Settlements October 10, 2005: Real estate verdict nets $236K.(Hoelscher v. Voice)(Brief Article)
October 10, 2005... Byline: Michigan Lawyers Weekly Staff The defendant realtors advised or permitted the plaintiff, a 79-year-old widow, to sell her home on Walloon Lake for $470,000, and the buyer who was a client of one of the realtors then sold the...

U.S. Court of Appeals 6th Circuit Case Summaries: October 10, 2005.(United States v. Young)(Husvar, et al. v. Rapoport)(Walton v. Ford Motor Co.)
October 10, 2005... Byline: Michigan Lawyers Weekly Staff Criminal Law Death Penalty - Separate Jury The trial court erred by granting defendant's motion to empanel separate juries to hear the guilt and penalty phases of his trial on capital and...

U.S. District Court Eastern District Case Summaries: October 10, 2005.(The Dow Chemical Co. v. General Electric Co.)(Wallace v. Bell)(Weiner v. Bock )
October 10, 2005... Byline: Michigan Lawyers Weekly Staff Commercial Law Fraud Claim - Economic Loss Doctrine General Electric has pleaded with particularity a fraud claim against Dow Chemical based on allegations that Dow promised one product but...

Michigan Court Of Appeals Unpublished Criminal Case Summaries: October 10, 2005.(People v. Jones)(Brady v Maryland)(People v. Monroe )
October 10, 2005... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Bank Robbery. Defense Witness Properly Excluded. Defendant robbed a bank. Red dye in the money bag exploded. Defendant's girlfriend testified that right after the robbery, she...

U.S. District Court Western District Case Summaries: October 10, 2005.(re: Lindholm)(Damon Trust v. North Country Financial Corp.)(Keweenaw Bay Indian Community v. Rising)
October 10, 2005... Byline: Michigan Lawyers Weekly Staff Bankruptcy Chapter 13 - No Regular Income The bankruptcy court did not err by dismissing the debtor's Chapter 13 petition because the debtor did not qualify for Chapter 13 relief she does not...

Judicial Conference approves new rules.
October 17, 2005... Byline: Correy E. Stephenson Proposed changes to the Federal Rules of Civil Procedure moved one step closer to passage last month when the Judicial Conference approved controversial new Rule 32.1, which would allow lawyers in all circuits...

Attorney Discipline Board sheds light on murky 'commingling' rule.(Grievance Administrator v. Harry R. Boffman III)
October 17, 2005... Byline: Michigan Lawyers Weekly Staff On Sept. 28, 2005, the Attorney Discipline Board (ADB) released a prospective opinion declaring that client monies advanced to an attorney for legal services yet to be performed remain the client's...

Commentary: Considerations for a hiring law firm when considering lawyers candidates.
October 17, 2005... Byline: Marcia L. Proctor This article outlines considerations for a hiring law firm when considering lawyers candidates. These considerations primarily address continued protection of client interests and compliance with lawyers' ethical...

Commentary: Recent MI Supreme Court decision clarifies boundaries of discrimination liability.(Michigan)(McClements v. Ford Motor Co)
October 17, 2005... Byline: Sara Klettke MacWilliams McClements v. Ford Motor Co., Lawyers Weekly No. 06-56300, a recent Michigan Supreme Court opinion authored by Justice Stephen J. Markman, clarifies the boundaries of discrimination liability in Michigan and...

Verdicts & Settlements October 17, 2005: Trip and fall settles for $122K.(Giuseppe Gaglio v. DaimlerChrysler)
October 17, 2005... Byline: Michigan Lawyers Weekly Staff This trip and fall injury case occurred on Jan. 17, 2001, at the Warren Truck Assembly Plant on Mound Road owned and operated by defendant DaimlerChrysler. Plaintiff Giuseppe "Joe" Gaglio was at...

Verdicts & Settlements October 17, 2005: Auto no-fault matter nets $1M verdict.
October 17, 2005... Byline: Michigan Lawyers Weekly Staff The plaintiff was a 51-year-old man involved in a pedestrian/automobile accident, resulting in catastrophic injuries including a traumatic brain injury that caused permanent cognitive injuries and...

Med-mal plaintiff's second NOI tolled statute of limitations despite 'tacking' rule.(medical-malpractice)(intent to sue)(Mayberry v. General Orthopedics)
October 17, 2005... Byline: Todd C. Berg, Esq. A medical-malpractice plaintiff's second notice of intent to sue (NOI) tolled the statute of limitations for the filing of his lawsuit thus rendering his complaint timely filed where the first notice had been...

Verdicts & Settlements October 17, 2005: $3M settlement for auto negligence suit.(Marin v. Randazzo)
October 17, 2005... Byline: Michigan Lawyers Weekly Staff The plaintiff, a 15-year-old high school student, suffered a severe traumatic brain injury when one of his friends, the 16-year-old defendant, purposefully drove erratically on snow-covered roads. While...

U.S. Court of Appeals 6th Circuit Case Summaries: October 17, 2005.(Public Notice)
October 17, 2005... Byline: Michigan Lawyers Weekly Staff Arbitration Severance - Arbitration Properly Ordered The federal district court properly found three provisions in the parties' arbitration agreement in this age-discrimination case...

Michigan Court of Appeals Unpublished Civil Case Summaries: October 17, 2005.(Public Notice)
October 17, 2005... Byline: Michigan Lawyers Weekly Staff Arbitration Notice - Effective Even by serving notice through the mail only six days before the hearing failed to comply with the requirements of MCR 2.119(C)(1)(a), plaintiff did not deprive...

Michigan Court of Appeals Unpublished Criminal Case Summaries: October 17, 2005.(Public Notice)
October 17, 2005... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Carrying A Concealed Weapon; Felon In Possession Of A Firearm; Manufacturing Marijuana. Voluntary Plea. "Defendant claims on appeal that he was under duress when he entered his...

Michigan Court of Appeals Case Summaries: October 17, 2005.(Public Notice)
October 17, 2005... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Home Invasion, Third Degree; Unlawfully Driving Away An Automobile. Sufficient Evidence. "Defendant's argument in this crime rests on his testimony that he did not possess a...

MI Attorney General Case Summaries: October 17, 2005.(Michigan)(Mexican Drivers License )(Brief Article)
October 17, 2005... Byline: Michigan Lawyers Weekly Staff Licenses And Permits Mexican Drivers License - Driving Privileges In Michigan By virtue of the 1943 Convention on the Regulation of Inter-American Automotive Traffic, a resident of Mexico who...

MI State University College of Law student lands job at one of the nation's premier plaintiff's firm.(Michigan)(Michelle Hodkin)
October 24, 2005... Byline: Denise G. Callahan Imagine the sheer audacity, the chutzpah it would take for an attorney-in-training to leap into the litigation arena with both feet and land a summer associate gig at one of the nation's premier plaintiff's firms...

Legal malpractice claims: How Michigan compares with the nation.
October 24, 2005... Byline: Sheryl M. Vassallo The latest survey conducted by the American Bar Association's (ABA) Standing Committee on Lawyers' Professional Liability indicates that personal injury and real estate continue to top the list of practice areas...

Commentary: Letter to the Editor: Michigan Supreme Court finest in country?
October 24, 2005... Byline: J. D. Ledbetter An opinion piece that recently appeared in the Wall Street Journal, On-Line Edition asserted that the Michigan Supreme Court was the "finest in the country." (See, "The Finest Court in the Nation," Wall Street...

Verdicts & Settlements (October 24, 2005): Slip & fall claim settles for $100K.
October 24, 2005... Byline: Michigan Lawyers Weekly Staff The plaintiff slipped and fell on a slippery, mud-like substance that had collected in the street adjacent to the curb. The substance was left in an inconspicuous location next to the curb by defendant...

Verdicts & Settlements (October 24, 2005): $16M settlement reached in personal injury case.
October 24, 2005... Byline: Michigan Lawyers Weekly Staff Plaintiff's counsel told Lawyers Weekly this case resulted in one of the largest settlements involving a motor vehicle crash in Michigan history. The parties have agreed to a confidentiality clause to...

U.S. Court of Appeals 6th Circuit Case Summaries: October 24, 2005.(United States v. Owens)(United States v. Ibarra-Hernandez)(Johnson v. Luoma )
October 24, 2005... Byline: Michigan Lawyers Weekly Staff Criminal Law Sentencing - 'Booker' Defendant's convictions of 13 counts related to a string of bank robberies are affirmed but he must be resentenced under Booker because the federal district...

U.S. District Court Eastern District Case Summaries: October 24, 2005.
October 24, 2005... Byline: Michigan Lawyers Weekly Staff ERISA Fibromyalgia - Benefit Denial Reversed A doctor's statement that no person "with fibromyalgia should be out of work on disability" cannot be given much weight in determining whether...

U.S. Bankruptcy Court Case Summaries: October 24, 2005.(re: Zhou )
October 24, 2005... Byline: Michigan Lawyers Weekly Staff Chapter 7 Complaint For Nondischargeability - Injury Wilful But Not Malicious An underlying default judgment arising from the schizophrenic debtor's sincerely believed but totally false...

Michigan Supreme Court Orders Case Summaries: October 24, 2005.
October 24, 2005... Byline: Michigan Lawyers Weekly Staff Administrative Orders ADM File No. 2003-04 Administrative Order No. 2005-2 Clarification of Time for Filing Postjudgment Motions On July 13, 2005, this Court entered an order,...

MI Court Of Appeals Case Summaries: October 24, 2005.(People v. Tyrpin)(People v. Williams)(People v. Lonsby)
October 24, 2005... Byline: Michigan Lawyers Weekly Staff Criminal Law Sentencing - Good Time Credit Where the sentencing court initially erred by giving defendant jail time instead of a prison term, on resentencing, defendant was not entitled to...

MI Court Of Appeals (Unpublished Civil) Case Summaries: October 24, 2005.
October 24, 2005... Byline: Michigan Lawyers Weekly Staff Civil Procedure Default Judgment - Motion To Set Aside Properly Denied The circuit court properly refused to set aside a default judgment entered against defendant as a result of $4,254 in...

MI Court Of Appeals (Unpublished Criminal)Case Summaries: October 24, 2005.(People v. Freeman)(People v. McBride)(People v. Rogers )
October 24, 2005... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery; Felony Firearm. Newly Discovered Evidence. Defendant is not entitled to a new trial. "In order to find that there is a reasonable probability that the result of...

Leaders in the Law: Elizabeth Luckenbach Brown.(interview)(Interview)
October 31, 2005... Byline: Sheryl M. Vassallo For Elizabeth Luckenbach Brown, remaining organized is not a priority it is a necessity. Brown, who practices in the areas of estate planning, probate administration and litigation with a particular emphasis...

Leaders in the Law: Steven Buquicchio.(interview)(Interview)
October 31, 2005... Byline: Sheryl M. Vassallo Steven Buquicchio has only been practicing a mere five years yet, judging by his professional affiliations, awards, honors and community involvement, one would think it has been much longer. Born in New York...

Leaders in the Law: Lincoln Herweyer.(interview)(Interview)
October 31, 2005... Byline: Sheryl M. Vassallo Lincoln Herweyer is a self-described law "addict." And so far, it has worked to his advantage. Earlier this year, Herweyer had the honor of receiving the inaugural Annual Golden Gavel Award, established by...

Leaders in the Law: Sarah Robertson.(interview)(Interview)
October 31, 2005... Byline: Sheryl M. Vassallo Humanitarian. Self-aware. Changing the face of law. These words all describe Sarah Robertson, though she would probably never admit it. Her humble nature and strong work ethic have propelled Robertson to...

Leaders in the Law: Daniel Victor.(Biography)
October 31, 2005... Byline: Sheryl M. Vassallo For Daniel Victor, practicing law is all relative. After graduating from Vermont Law School in 2002, Victor went to practice with his father, Bloomfield Hills attorney Richard S. Victor. In his mere three...

Commentary: 'McClements' offers 'incredibly narrow' construction of Civil Rights Act.(Letter to the Editor)
October 31, 2005... Byline: Michigan Lawyers Weekly Staff To The Editor: As the attorney who represented Milissa McClements in the Supreme Court, I agree with the article on McClements, insofar as it states that McClements v. Ford Motor Co. is a case of...

U.S. District Court Western District Case Summaries: October 31, 2005.(Steelcase Inc. v. Harbin)(Pitsch Recycling and Disposal Inc. et al. v. The County of Ionia)(Nat'l Union Fire Ins. Co. of Pittsburgh et al. v. Alticor Inc.)
October 31, 2005... Byline: Michigan Lawyers Weekly Staff Civil Procedure Venue Change - Granted Because the focus of this case has changed from a claim on a personal guaranty to an action for piercing defendant's corporate veil, the court will now...

MI Attorney General Case Summaries: October 31, 2005.(Brief Article)
October 31, 2005... Byline: Michigan Lawyers Weekly Staff Licenses And Permits Concealed Weapons - Law Enforcement Officers The terms "retired police officer" or "retired law enforcement officer," as used in the Concealed Pistol Licensing Act, MCL...

Commentary: Five principles for effective discovery management.(civil procedure)(Column)
October 31, 2005... Byline: Stephen J. Ott Most practitioners do not view responding to an opponent's discovery requests as the most important and certainly not the most exciting part of the litigation process. While an attorney's focus is typically on...

U.S. Bankruptcy Court Case Summaries: October 31, 2005.
October 31, 2005... Byline: Michigan Lawyers Weekly Staff Chapter 11 Liquidated Damages Clause - Unenforceable A clause in the Chapter 11 debtor's contract with defendant is an unenforceable liquidated damages provision because it provides for an...

Michigan Supreme Court Orders: October 31, 2005.(People v. Kurts)(People v. Derror)(Ford Motor Co. v. City of Woodhaven)
October 31, 2005... Byline: Michigan Lawyers Weekly Staff Leave Granted Oral Argument Ordered People v. Kurts. SC: 129364; COA: 259315; Jackson CC: 04-000365-FH. On order of the Court, the application for leave to appeal the judgment of the Court of...

Michigan Court of Appeals Unpublished Civil Case Summaries: October 31, 2005.(APCO Oil Company Inc. v. Knight Enterprises Inc.)(Kemerko Clawson L.L.C. v. RXIV Inc.)(Gross v. Harbor Club North Assocs. L.L.C.)
October 31, 2005... Byline: Michigan Lawyers Weekly Staff Civil Procedure Suit Not Frivolous - Sanctions Improperly Awarded Defendants in this action regarding contracts for gasoline supply were improperly granted sanctions under MCL 600.2591(3)(a)...

Michigan Court Of Appeals (Unpublished Civil) Case Summaries: October 31, 2005.(Kemerko Clawson L.L.C. v. RXIV Inc.)(APCO Oil Co. Inc. v. Knight Enterprises Inc.)(Gross v. Harbor Club North Assocs. L.L.C.)(Livonia Hospitality Corp. v. Boulevard Motel Corp.)
October 31, 2005... Byline: Michigan Lawyers Weekly Staff Civil Procedure Untimely Dispositive Motions - Rejected Where defendants in this landlord-tenant action failed to file their motion asserting the affirmative defense of "release" within the...

Michigan Lawyers in the News: October 31, 2005.(Michigan Women in Finance)
October 31, 2005... Byline: Michigan Lawyers Weekly Staff Appointments Susan M. Wyngaarden has been appointed to the board of directors for Michigan Women in Finance. Wyngaarden, a partner in Varnum, Riddering, Schmidt and Howlett, LLP's Grand Rapids...

Legal Aid and Defender Assn. Inc. honors volunteer attorneys.(Brief Article)
October 31, 2005... Byline: Michigan Lawyers Weekly Staff Legal Aid and Defender Association, Inc., honored attorneys who provided outstanding pro bono service to its clients during the past year at a special Volunteer Attorney Recognition Event. Also...

Contract attorneys show they're more than temporary.
October 31, 2005... Byline: Denise G. Callahan Practice Trend It's a cottage industry that, by all accounts, has turned into a castle the contract lawyering business is booming. It used to be that attorney advertising was taboo and no one ever...

An ounce of prevention goes a long way in warding off legal malpractice.
October 31, 2005... Byline: Sheryl M. Vassallo Managing Your Practice Part II of II It's been said that lawyers should expect to be sued for malpractice at least once in their careers. As such, knowledge about what could happen and how it may be...

Michigan Court Of Appeals Case Summaries: October 31, 2005.(People v. Cox)(Bukowski v. Michigan Twp. Participating Plan)(Ghaffari v. Turner Construction Co.)
October 31, 2005... Byline: Michigan Lawyers Weekly Staff Criminal Law CSC III - Victim's Competency Defendant's convictions for third-degree criminal sexual conduct are affirmed because there was sufficient evidence that the victim was not mentally...

Workers' comp overpayment recovery limited to one year.(Ross v. Modern Mirror and Glass)
October 31, 2005... Byline: Paul J. Martinek, Esq. An injured employee who received both workers' compensation and disability pension benefits for 10 years only had to repay the comp overpayments he received during the year before a recoupment claim was...

U.S. Court of Appeals 6th Circuit Case Summaries: October 31, 2005.(re: Copper)(United States v. Waller)(Lowery v. Fed. Express Corp.)
October 31, 2005... Byline: Michigan Lawyers Weekly Staff Bankruptcy Conversion Of Chapter 7 Petition - Limited By Debtor's Bad Faith Bankruptcy Code Sect. 706(a), which states that a Chapter 7 debtor "may" convert the case to "a case under chapter...

Michigan Court Of Appeals (Unpublished Criminal) Case Summaries: October 31, 2005.(People v. Abramczyk)(People v Griffin)(People v. Hart )
October 31, 2005... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Delivery Of 50 Grams Or More But Less Than 225 Grams Of A Controlled Substance (Morphine). Sufficient Evidence. Defendant "argues that the prosecution failed to prove an...