Michigan Lawyers Weekly articles from September 2003

Michigan Lawyers Weekly archives from September 2003

U.S. District Court Western District Case Summaries: September 1, 2003.
September 1, 2003... Byline: Michigan Lawyers Weekly Staff ERISA Disability Benefits - Failure To Exhaust Remedies Where plaintiff-employee sued defendant-insurance company for long-term disability benefits under Sects. 1001-1461 of the Employee...

Verdicts & Settlements September 1, 2003: No Cause Of Action For Wrongful Death.
September 1, 2003... Byline: Michigan Lawyers Weekly Staff The plaintiff's decedent and the defendant, ages 19 and 20, were out partying and "four wheeling" when the plaintiff got his four-wheel drive Bronco II stuck in a deep mud hole. After trying to get it...

Verdicts & Settlements September 1, 2003: Attorney, Business Valuation Expert Hit For Malpractice.
September 1, 2003... Byline: Michigan Lawyers Weekly Staff The plaintiff was represented by the defendant attorney in a divorce action. The bulk of the marital estate was plaintiff's ex-husband's business interest in manufactured home parks throughout...

Verdicts & Settlements September 1, 2003:Premises Liability Matter Nets $44K.
September 1, 2003... Byline: Michigan Lawyers Weekly Staff This case evaluated for $60,000 and was accepted by the defendant but rejected by the plaintiff. During jury deliberations, the parties negotiated a high/low arrangement with the low being $50,000....

Michigan Trial Judge Calls Toxic Mold Into Question.
September 1, 2003... Byline: Karen M. Poole Residents of a mobile home park who claimed their health problems were the result of abnormal amounts of indoor mold caused by flooding and poor drainage cannot present expert witnesses to testify that their problems...

Michigan Court of Appeals Unpublished Civil Case Summaries: September 1, 2003.
September 1, 2003... Byline: Michigan Lawyers Weekly Staff Contract Option - Credibility Where plaintiffs purchased a boat slip from defendant with an option to trade slips and then sued to rescind the sale based on defendant's failure to do so, the...

U.S. Supreme Court Case Summaries: September 1, 2003.
September 1, 2003... Byline: Michigan Lawyers Weekly Staff Tort Indoor Mold - Experts Cannot Testify Where plaintiffs claim their ill health is the result of abnormal amounts of indoor mold caused by flooding and poor drainage, the defense motion to...

U.S. District Court Eastern District of Mich. Case Summaries: September 1, 2003.
September 1, 2003... Byline: Michigan Lawyers Weekly Staff Labor Railway Labor Act - Pre-emption Where plaintiff-locomotive engineer sued defendant-railway company for race discrimination, his claim in preempted by the Railway Labor Act. ...

Lawyers Cannot, Should Not Neglect Unpublished Opinions, Advises Mich. Judge.
September 1, 2003... Byline: Michigan Lawyers Weekly Staff Even though unpublished opinions are not considered binding precedent, they are quickly becoming a popular and useful tool for both judges and practitioners. According to Court of Appeals Chief...

Secretly Videotaping Sex Constituted A Felony, Rules Mich. Court Of Appeals.
September 1, 2003... Byline: Sonny N. Sheth A man who secretly videotaped his sexual encounters with three different women in his bedroom violated MCL 750.359d, which makes such activity a felony, the Michigan Court of Appeals has ruled, addressing an issue of...

Michigan Attorney General Opinion Summaries: September 1, 2003.
September 1, 2003... Byline: Michigan Lawyers Weekly Staff Municipal Law County Commission Chair - Scope Of Powers The Chair of the Macomb County Board of Commissioners, acting in her capacity as a member of the Regional Transit Coordinating Council,...

Michigan Court of Appeals Case Summaries: September 1, 2003.
September 1, 2003... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Murder, First Degree; Premeditated; Assault With Intent To Murder; Carrying A Concealed Weapon; Felony Firearm. Jury Selection. "We first address defendant's argument that the...

Father Not Entitled To Change Of Custody, Rules Michigan Court Of Appeals.
September 1, 2003... Byline: Lynn Patrick Ingram A father was not entitled to a change of custody where the trial court allowed him to present evidence of changed circumstances which occurred before the parties signed off on a prior custody ruling, the...

Michigan Supreme Court Orders: September 1, 2003.
September 1, 2003... Byline: Michigan Lawyers Weekly Staff Reversals And Remands In re D.J.S. Family Independence Agency v. Schwerin. SC: 123778; COA: 246659; Macomb CC: 00-049635-NA. On order of the Court, the delayed application for leave to appeal is...

U.S. Court of Appeals 6th Circuit Case Summaries: September 1, 2003.
September 1, 2003... Byline: Michigan Lawyers Weekly Staff Civil Rights ADA - Parking Rights Where plaintiff, who has multiple sclerosis, sought to have defendant-city modify its parking program to grant her free, all-day parking adjacent to her place...

Verdicts & Settlements September 8, 2003: Confidential No-Fault Matter Results In $550K Settlement.
September 8, 2003... Byline: Michigan Lawyers Weekly Staff Type of action: No fault Type of injuries: Laceration and contusion of spleen requiring full surgical removal; fractured right patella; fractured rib(s); severe laceration to right knee, including...

Verdicts & Settlements September 8, 2003: Trespass, Anti-Lockout Complaint Results In No Cause.
September 8, 2003... Byline: Michigan Lawyers Weekly Staff The plaintiff filed a land contract forfeiture action in 36th District Court. The defendants/counter-plaintiff filed an answer to the underlying complaint and brought a counter-complaint alleging: 1)...

Longtime Employees Win $6.2M Discrimination Verdict.
September 8, 2003... Byline: Michigan Lawyers Weekly Staff Can two long-time employees who were passed over for promotions after rejecting early retirement packages bring a successful age discrimination lawsuit against a large automobile manufacturer? A...

Confinement Costs Must Be Paid By Father, Rules Michigan Court Of Appeals.
September 8, 2003... Byline: Michigan Lawyers Weekly Staff A father's constitutional right to equal protection was not violated where he was ordered to pay all the necessary confinement expenses of his child's mother, a special conflict panel of the Michigan...

U.S. Court of Appeals 6th Circuit Case Summaries: September 8, 2003.
September 8, 2003... Byline: Michigan Lawyers Weekly Staff Administrative Law Pilot License Revocation - Sufficient Evidence Where petitioner argues the Federal Aviation Administration improperly revoked his pilot's license because he flew an aircraft...

Verdicts & Settlements September 8, 2003: No Cause Returned In No-Fault Case.
September 8, 2003... Byline: Michigan Lawyers Weekly Staff The male plaintiff, who is in his late 40s, was involved in a rear-end automobile accident on Dec. 4, 2000, with a driver carrying only $20,000 in liability coverage. After the accident, the...

Grant Of Family Allowance Erroneous, Rules Michigan Court Of Appeals.
September 8, 2003... Byline: Karen M. Poole A probate court should have considered a surviving spouse's financial resources before granting her an $8,000 per month family allowance, the Michigan Court of Appeals has decided. The spouse argued that the...

Girl Died After Diving Into Pool, Estate Can't Recover, Rules Michigan Court Of Appeals.
September 8, 2003... Byline: Sonny N. Sheth Even though a homeowner's above-ground pool did not have a "no diving" sign, the homeowner could not be held liable where a 17-year-old girl was killed after diving into the pool when the homeowner was not there, the...

Michigan Lawyers In The News: September 8, 2003.
September 8, 2003... Byline: Michigan Lawyers Weekly Staff NewsMakers Honors Joseph M. Polito has been named among the 30 best, globally, in his practice area in The Best of the Best 2003. Polito, a partner with Honigman Miller Schwartz and Cohn,...

Michigan Court of Appeals Case Summaries: September 8, 2003.
September 8, 2003... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Possession With Intent To Deliver Less Than 50 Grams Of Cocaine. Probable Cause. Plaintiff claims his arrest was made without probable cause. However, the police officer's...

Long-Time Employees Win $6.2M Discrimination Verdict.
September 8, 2003... Byline: Michigan Lawyers Weekly Staff Can two long-time employees who were passed over for promotions after rejecting early retirement packages bring a successful age discrimination lawsuit against a large automobile manufacturer? A...

Michigan Supreme Court Orders: September 8, 2003.
September 8, 2003... Byline: Michigan Lawyers Weekly Staff Judicial Tenure Matters Attorney Grievance Matters In The Matter Of Honorable M. T. Thompson, Jr., 70th District Court. Before The Judicial Tenure Commission. On order of the Court, the...

Verdicts & Settlements September 8, 2003: $1.5M Settlement For Med-Mal, Wrongful Death Suit.
September 8, 2003... Byline: Michigan Lawyers Weekly Staff This is a medical malpractice claim for the failure of the physicians at XYZ Hospital to monitor, prevent and treat deep vein thrombosis in a 55-year-old man recovering from paraparesis (slight degree...

Commentary: Developments In Professional Responsibility.
September 15, 2003... Byline: Marcia L. Proctor The following recent cases expand, clarify or redefine various areas of professional responsibility practice. Division Of Fees A lawyer was hired for a variety of matters arising out of an auto accident....

Verdicts & Settlements September 15, 2003: $485K Settlement For Failure To Monitor Sleep Apnea.
September 15, 2003... Byline: Michigan Lawyers Weekly Staff This medical malpractice case involved the death of a 32-year-old man due to the defendants' failure to monitor him post-operatively for his own sleep apnea. The plaintiff's decedent had a history...

Arbitration Award Can't Be Confirmed, Rules Michigan Court Of Appeals.
September 15, 2003... Byline: Michigan Lawyers Weekly Staff A trial court did not have jurisdiction to confirm an arbitration award dividing a couple's property upon divorce where the husband died after the award was filed but before the judgment was entered,...

Stopped Vehicle 'Involved' In Accident, Rules Michigan Court Of Appeals.
September 15, 2003... Byline: Karen M. Poole Even though a driver was stopped in traffic when his vehicle was allegedly struck by a motorcycle, the driver's no-fault insurer may still be required to pay PIP benefits, the Michigan Court of Appeals has decided....

Michigan Lawyers In The News: September 15, 2003.
September 15, 2003... Byline: Michigan Lawyers Weekly Staff NewsMakers Appointments F. Randall Karfonta has been appointed director of education of the Criminal Defense Attorneys of Michigan (CDAM). Nora Lynch has been appointed as Chair of the...

U.S. Court of Appeals 6th Circuit Case Summaries: September 15, 2003.
September 15, 2003... Byline: Michigan Lawyers Weekly Staff Administrative Law Agricultural Commodities - Violated Where respondent-secretary of agriculture revoked petitioner-wholesale produce broker's license under the Perishable Agricultural...

U.S. District Court Western District Case Summaries: September 15, 2003.
September 15, 2003... Byline: Michigan Lawyers Weekly Staff ERISA Long- Term Disability Benefits - No Entitlement Where the administrative record does not support plaintiff's claim that she is disabled, defendant-administrator's determination that she...

Michigan Court of Appeals Case Summaries: September 15, 2003.
September 15, 2003... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Murder, Second Degree; Felony Firearm. Voluntary Manslaughter Instruction. The trial court did not err by failing to instruct the jury on voluntary manslaughter because the...

Mich. Supreme Court Case Summaries: September 15, 2003.
September 15, 2003... Byline: Michigan Lawyers Weekly Staff No-Fault Replacement Services Benefits - Statutory Maximum And Setoff Provision Where an insurance company became liable for no-fault replacement services benefits, the benefit is calculated...

Michigan Supreme Court Orders: September 15, 2003.
September 15, 2003... Byline: Michigan Lawyers Weekly Staff Court Rule Amendments Appointments ADM File No. 2001-17 Amendment of Rule 2.107 of the Michigan Court Rules On order of the Court, notice of the proposed changes and an opportunity...

U.S. Supreme Court Case Summaries: September 15, 2003.
September 15, 2003... Byline: Michigan Lawyers Weekly Staff Family Law Foreign Marriage Ceremony - Validity Where defendant sought to dismiss this divorce case on the basis that the parties' Nigerian "customary law marriage" ceremony was invalid, the...

Brinkmeyer Sworn In As 69th Michigan State Bar President.
September 15, 2003... Byline: Michigan Lawyers Weekly Staff It's been barely a week since Grand Rapids attorney Scott S. Brinkmeyer began his tenure as the State Bar's newest president, but already he's digging in for what promises to be an eventful year. ...

Replacement Services Benefits Were Not Properly Calculated, Rules Michigan Supreme Court.
September 15, 2003... Byline: Lynn Patrick Ingram A no-fault insurer's liability for replacement services benefits should have been determined by calculating the survivor's loss benefit, comparing it to the statutory maximum benefit, and then applying the MCL...

U.S. District Court Eastern District of Mich. Case Summaries: September 15, 2003.
September 15, 2003... Byline: Michigan Lawyers Weekly Staff Chapter 13 Attorney Fees - Reservation Of Funds By Trustee Where the debtors' Chapter 13 plan called for the trustee to reserve funds for 30 days for payment of attorney fees pending...

Verdicts & Settlements September 15, 2003: Pedestrian Struck By Car Gets $1.4M Structured Settlement.
September 15, 2003... Byline: Michigan Lawyers Weekly Staff On Aug. 2, 2001, plaintiff David Southerland, a pedestrian, was crossing Plymouth Road near Cavell Road in Livonia. Defendant David Fyock entered the left turn lane of eastbound Plymouth Road and...

Disgruntled Applicant Can Sue Bar Officials, Rules 6th Circuit.
September 22, 2003... Byline: Michigan Lawyers Weekly Staff An applicant who was denied admission to the State Bar of Michigan could not sue the State Bar or the Board of Law Examiners, but could sue individual executive officers for allegedly violating federal...

Sales Rep Can't Sue Former Boss For Wrongful Discharge, Rules Mich. Court Of Appeals.
September 22, 2003... Byline: Michigan Lawyers Weekly Staff A sales representative who claims he was fired for seeking unpaid commissions may seek damages for the unpaid commissions, but may not sue his former employer for wrongful discharge, the Michigan Court...

Putative Dad May Bring Action For Child Custody, Rules Mich. Court Of Appeals.
September 22, 2003... Byline: Sonny N. Sheth A putative father had standing to bring a custody action even though he and the child's mother were married to other people at the time of the child's conception and birth, the Michigan Court of Appeals has ruled....

Mich. Court Of Appeals Case Summaries: September 22, 2003.
September 22, 2003... Byline: Michigan Lawyers Weekly Staff Criminal Law Uttering And Publishing - Copy Of Forged Document Where defendant was charged with falsely holding herself out as a registered nurse by presenting her employer with a copy of an...

U.S. District Court Eastern District Case Summaries: September 22, 2003.
September 22, 2003... Byline: Michigan Lawyers Weekly Staff Civil Procedure No Personal Jurisdiction - Transfer To Ohio Where plaintiff sued defendant-parent company in Michigan for breach of contract but all the actions involved in the case occurred at...

Verdicts & Settlements September 22, 2003: Police Officer Shoots Alleged Suicide Attempt Victim.
September 22, 2003... Byline: Michigan Lawyers Weekly Staff The defendant, a police officer with the Charlotte P.D., was called to the home of the plaintiff's ex-wife, along with paramedics to assist the plaintiff with an apparent suicide attempt. When the...

Verdicts & Settlements September 22, 2003: Jury Awards $10.7M In Med-Mal, Wrongful Death Matter.
September 22, 2003... Byline: Michigan Lawyers Weekly Staff The plaintiff, a 39-year-old man who had recently graduated from college and was employed as a robotics repairperson, saw the defendant doctor for chronic neck pain. The defendant performed a cervical...

Michigan Court of Appeals Unpublished Civil Case Summaries: September 22, 2003.
September 22, 2003... Byline: Michigan Lawyers Weekly Staff Contract Incentive Program - Express Contract Where plaintiff established that the parties had an express contract regarding a profit-incentive program that defendant instituted, we affirm the...

Michigan Court of Appeals Unpublished Criminal Case Summaries: September 22, 2003.
September 22, 2003... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Murder, First Degree; Home Invasion, First Degree. Prior Statement. "Defendant argues that the trial court erred in allowing his ex-girlfriend to testify about a statement that...

Michigan Supreme Court Orders: September 22, 2003.
September 22, 2003... Byline: Michigan Lawyers Weekly Staff Leave Granted Craig v. Oakwood Hospital. SC: 121407-09; COA: 206642, 206859, 206951; Wayne CC: 94-410338-NH. On order of the Court, the application for leave to appeal from the February 1, 2002...

U.S. Court of Appeals 6th Circuit Case Summaries: September 22, 2003.
September 22, 2003... Byline: Michigan Lawyers Weekly Staff Criminal Law Sealed Indictment - Statute Of Limitations Where defendant's properly sealed indictment was opened after the statute of limitations for "murder for hire" had expired, there was no...

Bills In Michigan Legislature Aim To Repair Tort Reform 'Catch 22'.
September 22, 2003... Byline: Karen M. Poole Tort reform and the Michigan Supreme Court's decision in Wickens v. Oakwood Healthcare System have created a "catch-22" for people injured by medical malpractice, who might otherwise have had a better chance to...

Michigan Lawyers In The News: September 23, 2003.
September 22, 2003... Byline: Michigan Lawyers Weekly Staff NewsMakers Appointments Jennifer L. Sabourin has been appointed to a one-year term as president of the Dearborn Bar Association. Sabourin practices in the labor and employment group of...

Verdicts & Settlements September 22, 2003: Condemnation Matter Results In $1.8M Verdict.
September 22, 2003... Byline: Michigan Lawyers Weekly Staff Defendant Elsey owned two adjacent 10-acre properties in Commerce Township that were zoned for light industrial use. MDOT took 10 acres from the middle of the two properties for its M-5 Haggerty...

Verdicts & Settlements September 22, 2003: Healthcare Worker Fired For Reporting Suspected Abuse.
September 22, 2003... Byline: Michigan Lawyers Weekly Staff This lawsuit arose out of the discharge of plaintiff Ruth Burke from her employment with defendants Agewell Homecare, LLC and Agemark Corporation. The defendants provided house services to The...

Michigan Lawyers Weekly's Web Forum Is A Hot Spot For Answers And Advice.
September 29, 2003... Byline: Michigan Lawyers Weekly Staff Michigan Lawyers Weekly's online forum, which has been going strong for more than a year, continues to be an invaluable resource for Michigan practitioners. The forum has become an outlet for...

Putative Dad Can't Recover From His Daughter's Estate, Rules Mich. Court of Appeals.
September 29, 2003... Byline: Sonny N. Sheth A father who neither acknowledged nor supported his daughter when she was a child may not inherit from her estate, the Michigan Court of Appeals has ruled in a case of first impression. The decedent's estate...

Hand Injury Deemed Serious Impairment Of Body Function, Rules Mich. Court of Appeals.
September 29, 2003... Byline: Karen M. Poole A car accident victim who could not work for three months or play guitar in his band because of injuries to his left hand suffered a serious impairment of body function under the no-fault act, the Michigan Court of...

Michigan Legislature Responds To MSC Ruling In 'DeRose'.
September 29, 2003... Byline: Denise G. Callahan With almost breathtaking speed, the Michigan House of Representatives has responded to the Michigan Supreme Court's ruling in DeRose v. DeRose that the state's grandparent visitation laws are unconstitutional....

Michigan Lawyers in the News: September 29, 2003.
September 29, 2003... Byline: Michigan Lawyers Weekly Staff NewsMakers Honors Patrick T. Duerr and Roger Cook, partners with Honigman Miller Schwartz and Cohn LLP, have been named The Best Lawyers in America. Duerr was listed for corporate law,...

Mich. Court of Appeals Case Summaries: September 29, 2003.
September 29, 2003... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions OUIL, Third Degree. Sufficient Evidence. "[D]efendant argues that the prosecution failed to present sufficient evidence for a jury to find him guilty beyond a reasonable doubt...

Verdicts & Settlements September 29, 2003: $100K In Sanctions For Frivolous Legal Mal Claim.
September 29, 2003... Byline: Michigan Lawyers Weekly Staff According to defense counsel, this case illustrates what can happen when you sue an innocent party along with a wrongdoer, and then refuse to voluntarily dismiss the innocent party after it becomes...

Michigan Supreme Court Orders: September 29, 2003.
September 29, 2003... Byline: Michigan Lawyers Weekly Staff Rehearing Denied Rehearing No. 494 People v. Washington. SC: 121864; COA: 221851; Wayne CC: 98-6098. In this cause, a motion for rehearing is considered and it is DENIED. Kelly, J., would...

U.S. Court of Appeals 6th Circuit Case Summaries: September 29, 2003.
September 29, 2003... Byline: Michigan Lawyers Weekly Staff Contract Research Ownership - Established Where the federal district court concluded that plaintiff-company owned the patent to an enzyme that defendant-researcher helped develop while under...

U.S. District Court Eastern District of Mich. Case Summaries: September 29, 2003.
September 29, 2003... Byline: Michigan Lawyers Weekly Staff Bankruptcy Interest In Annuity - Exemption Properly Denied Where the debtors wanted to exclude an annuity from their Chapter 7 bankruptcy estate, the bankruptcy court properly ruled that the...

U.S. District Court Western District Case Summaries: September 29, 2003.
September 29, 2003... Byline: Michigan Lawyers Weekly Staff Contract Settlement - Subordination Agreement Where plaintiff seeks to enforce the settlement agreement the parties entered into in the underlying case involving an asset-purchase agreement,...

Q&A with Oakland County Circuit Court Judge Martha D. Anderson.
September 29, 2003... Byline: Michigan Lawyers Weekly Staff Judge Martha D. Anderson has been working on behalf of the Oakland County community for close to a quarter of a century. Last year she was elected to the Oakland County Circuit Court bench. Prior to...

Michigan Court of Appeals Unpublished Criminal Case Summaries:September 29, 2008.
September 29, 2003... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Criminal Sexual Conduct, Second Degree. Hearsay. Defendant argues that the hearsay did not qualify as an excited utterance. "[T]he evidence reveals that after the first...

Verdicts & Settlements September 29, 2003: Med-Mal Birth Trauma Suit Settles For $3.5M.
September 29, 2003... Byline: Michigan Lawyers Weekly Staff The patient was pregnant with twins. The pregnancy was benign, until approximately 27 and one-half weeks gestation. At this that time, the patient presented to the hospital with complaints of spotting...

Verdicts & Settlements September 29, 2003: $895K Settlement Reached In Auto Neg Case.
September 29, 2003... Byline: Michigan Lawyers Weekly Staff The plaintiff was a 52-year-old computer systems analyst with significant pre-existing degenerative disc disease and a history of a fusion at L3/S1 in 1979 and at L4/5 in 1983. On July 28, 2000 he...