Michigan Lawyers Weekly articles from September 2004

Michigan Lawyers Weekly archives from September 2004

Michigan Court of Appeals Case Summaries: September 6, 2004.
September 6, 2004... Byline: Michigan Lawyers Weekly Staff Administrative Law Patient's Right To Independent Review Act - Constitutionality Where respondent-insurance company denied petitioner's request to pay for certain laboratory tests, we affirm in...

Customer's trip & fall claim can go to jury, rules Michigan Court of Appeals.
September 6, 2004... Byline: Lynn Patrick Ingram A customer who tripped and fell over a floor jack in the defendant's service garage can get his negligence claim to the jury, the Michigan Court of Appeals has decided in an unpublished opinion. The...

Michigan Lawyers in the News: September 6, 2004.
September 6, 2004... Byline: Michigan Lawyers Weekly Staff Appointments Charles E. McCallum has been appointed chair of the American Bar Association's Standing Committee on Ethics and Professional Responsibility. McCallum, a partner with Warner...

Verdicts & Settlements September 6, 2004: Fire loss matter nets $172K verdict.
September 6, 2004... Byline: Michigan Lawyers Weekly Staff According to plaintiff's counsel, the defendants were so-called public adjusters who, together with many other "public adjusters," aggressively solicited the plaintiff to hire them after her total fire...

Cops crossed the line with 'knock and talk,' rules Michigan Court of Appeals.
September 6, 2004... Byline: Todd Berg A defendant's constitutional right to be free from unreasonable searches and seizures was violated where police utilized the "knock and talk" procedure to enter his home but then refused to leave, the Michigan Court of...

Jackson County Circuit Court: Failure to provide COBRA costs ex-husband, employer.
September 6, 2004... Byline: Todd C. Berg A man and his employer were in contempt of court and required to pay attorney fees for failing to obey a court order directing them to provide COBRA health insurance benefits to the man's ex-wife, according to a...

U.S. Supreme Court Case Summaries: September 6, 2004.
September 6, 2004... Byline: Michigan Lawyers Weekly Staff Family Law Insurance Coverage - Contempt Of Court Where defendant-husband ignored a court order requiring him to pay for plaintiff-wife's COBRA benefits, and defendant's employer did not...

U.S. Court of Appeals 6th Circuit Case Summaries: September 6, 2004.
September 6, 2004... Byline: Michigan Lawyers Weekly Staff Civil Rights Housing Discrimination - Door Accessibility Where the federal district court granted plaintiff-justice department a preliminary injunction, prohibiting defendant-builder and owner...

U.S. District Court Eastern District Case Summaries: September 6, 2004.
September 6, 2004... Byline: Michigan Lawyers Weekly Staff Bankruptcy Adversary Proceeding - Mortgage Foreclosure Where the debtors filed an adversary action in bankruptcy court to forestall mortgage foreclosure proceedings, the bankruptcy court...

Rail worker's claim against employer was time-barred, rules Michigan Court of Appeals.
September 6, 2004... Byline: Karen M. Poole A railroad worker was time-barred from suing his employer for injuries he incurred at work more than seven years ago, even though the employer continued to assign him to the same types of jobs that caused the...

Verdicts & Settlements September 6, 2004: $1M for auto accident resulting in TBI.
September 6, 2004... Byline: Michigan Lawyers Weekly Staff On Dec. 18, 2002, at approximately 6:30 a.m., the plaintiff was travelling east on M-28 in Luce County heading to work. Due to freezing rain, the plaintiff was travelling slowly in his four-wheel drive...

Verdicts & Settlements September 6, 2004: No cause for auto neg, wrongful death.
September 6, 2004... Byline: Michigan Lawyers Weekly Staff The plaintiff's estate sued for non-economic damages following a March 17, 2001, motor vehicle "road rage" incident that occurred on I-96 near Grand Rapids. The plaintiff was killed, and two of his...

Constructive discharge claim not time barred, rules Michigan Court of Appeals.
September 13, 2004... Byline: Lynn Patrick Ingram An employee's "constructive discharge" claim was not time barred, even though it was filed more than three years after the last day she actually worked onsite for her employer, the Michigan Court of Appeals has...

Michigan Court of Appeals Case Summaries: September 13, 2004.
September 13, 2004... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Theft. Confrontation Clause. Even though defendant's wife's statement was erroneously admitted in violation of the Confrontation Clause, any error was harmless. People v....

U.S. Supreme Court Case Summaries: September 13, 2004.
September 13, 2004... Byline: Michigan Lawyers Weekly Staff Criminal Law Ethnic Intimidation - Charges Reinstated Where a "road rage" incident ended with defendants beating the other motorist while shouting racial slurs at him, the district court...

Collaborative law changing traditional divorce process.
September 13, 2004... Byline: Karen Poole Family lawyers say the divorce process may never be the same with the advent of "collaborative divorce," a special, non-adversarial process for couples looking to make a clean break. In a nutshell, collaborative...

Motorists can be charged with ethnic intimidation, rules Kent County Circuit Court.
September 13, 2004... Byline: Karen M. Poole Two white motorists who yelled racial epithets as they kicked and punched a black motorist following a road rage incident can be charged with ethnic intimidation, even though the victim's ethnicity was not what...

Couple's home exempt from bankruptcy estate, rules U.S. District Court for W. District of Michigan.
September 13, 2004... Byline: Todd C. Berg A debtor spouse's bankruptcy filing did not sever a tenancy by the entireties and allow individual creditors to proceed against her interest in the marital home, the U.S. District Court for the Western District of...

Michigan Lawyers in the News: September 13, 2004.
September 13, 2004... Byline: Michigan Lawyers Weekly Staff NewsMakers Appointments Jerome P. Pesick has been re-appointed to the State Bar of Michigan Real Property Section Council for a three-year term. Pesick, managing shareholder with...

Verdicts & Settlements September 13, 2004: Discrimination claim arbitrates at $550K.
September 13, 2004... Byline: Michigan Lawyers Weekly Staff The plaintiff, a 39-year-old plumber who was a Catholic, was employed by the City of Detroit Water and Sewer Department. He was the only white plumber in his department. In 2000, the plaintiff's...

U.S. District Court Eastern District Case Summaries: September 13, 2004.
September 13, 2004... Byline: Michigan Lawyers Weekly Staff Chapter 13 Credit Card Indebtedness - Objection To Claim Denied Where the Chapter 13 debtor argues that eCAST's claims against the bankruptcy estate for credit card indebtedness should be...

U.S. District Court Western District Case Summaries: September 13, 2004.
September 13, 2004... Byline: Michigan Lawyers Weekly Staff Chapter 7 Property Owned By The Entireties - Effect Of One Spouse's Bankruptcy Where the bankruptcy court held that when one spouse in a marriage filed a bankruptcy petition, this severed the...

Commentary: New 'all appropriate inquiry' regs affect property transfers.
September 13, 2004... Byline: John D. Dunn The U.S. EPA (EPA) recently published a proposed rule to define the scope and content of "All Appropriate Inquiry." No, EPA is not trying to help you with the interrogation of your daughter's first boyfriend. ...

Verdicts & Settlements September 13, 2004: $280K for carbon monoxide poisoning.
September 13, 2004... Byline: Michigan Lawyers Weekly Staff The plaintiffs were a mother and daughter who lived in a home with a water heater that needed service. The manufacturer's local service agent came to the plaintiffs' home and installed the wrong...

Verdicts & Settlements September 13, 2004: No cause for premises liability action.
September 13, 2004... Byline: Michigan Lawyers Weekly Staff Plaintiff Sarah Brooks, a 76-year-old woman who patronized defendant MotorCity Casino, claimed that, when she got up from a chair when she finished playing at a slot machine, she slipped and fell on ice...

Michigan Supreme Court Orders: September 13, 2004.
September 13, 2004... Byline: Michigan Lawyers Weekly Staff Miscellaneous Orders Attorney Grievance Matters Miller v. Kezlarian. SC: 126499; COA: 249641; Oakland CC: 2002-045543-NH. On order of the Court, the application for leave to appeal the May 28,...

U.S. Court of Appeals 6th Circuit Case Summaries: September 13, 2004.
September 13, 2004... Byline: Michigan Lawyers Weekly Staff Administrative Law Milk Loss Contract Payments - Ambiguity Where plaintiff-milk producers challenge the regulations promulgated by defendant-agriculture secretary to implement the federal Milk...

No-fault insurer retains security interest in home, rules Michigan Court of Appeals.
September 20, 2004... Byline: Karen M. Poole A no-fault insurer may retain a security interest in a home it constructed for an insured who was rendered quadriplegic in a car accident, the Michigan Court of Appeals has determined. The insurer argued that the...

Right to jury decision on damages not violated, rules Michigan Court of Appeals.
September 20, 2004... Byline: Todd C. Berg A medical malpractice plaintiff's constitutional right to let a jury determine his damages was not violated, even though the medical malpractice noneconomic damages cap prevented him from recovering the jury's full...

Illegal aliens in Michigan may have workers' comp loophole.
September 20, 2004... Byline: Todd C. Berg Practitioners tell Lawyers Weekly that illegal aliens who are denied full workers' compensation benefits may be allowed to sue their employers in tort, making them the only class of workers in Michigan that can make...

.S. District Court Eastern District Case Summaries: September 20, 2004.
September 20, 2004... Byline: Michigan Lawyers Weekly Staff Employment Disability Discrimination - Claim Survives Where plaintiff has raised material fact questions regarding her separation from her employment with defendant, she is entitled to partial...

Verdicts & Settlements September 20, 2004: No cause for EMTALA claim.
September 20, 2004... Byline: Michigan Lawyers Weekly Staff The plaintiff came to the emergency room and, while waiting, had a seizure and fell causing subdural hematoma. The plaintiffs alleged that the hospital staff refused to provide a screening exam....

Michigan Lawyers in the News: September 20, 2004.
September 20, 2004... Byline: Michigan Lawyers Weekly Staff NewsMakers Appointments Charles M. Denton II has been appointed as co-chair of the American Bar Association's Environmental Coverage Subcommittee of the Insurance Coverage Litigation...

Michigan Court of Appeals Case Summaries: September 20, 2004.
September 20, 2004... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery; Assault With Intent To Murder; Felon In Possession Of A Firearm; Felony Firearm. Subsequent Acts. The surveillance videos were properly admitted to show...

U.S. District Court Western District Case Summaries: September 20, 2004.
September 20, 2004... Byline: Michigan Lawyers Weekly Staff Banks And Banking Mortgage Regulation - Upheld Where defendant-insurance commissioner challenges 12 CFR Sect. 7.4006, which restricts the application of state laws to national bank operating...

Commentary: Exit planning strategies for business owners.
September 20, 2004... Byline: Jeffrey F.L. Smith Michael thought his business was worth about $50 million. He had worked in the business for more than 30 years. He took over the business from his father about 15 years earlier and grew the company very...

Verdicts & Settlements September 20, 2004: No recovery for med-mal, wrongful death.
September 20, 2004... Byline: Michigan Lawyers Weekly Staff The decedent was a 58-year-old woman who had been born with polio and who underwent surgery for scoliosis at age 10. She developed kyphosis later in life. The defendant internal medicine specialist...

Verdicts & Settlements September 20, 2004: Auto neg case evaluates at $270K.
September 20, 2004... Byline: Michigan Lawyers Weekly Staff The plaintiff in this case was an 18-year-old male who sustained a lower back injury in a rear-end collision. The plaintiff was a passenger in the defendant's vehicle when the defendant rear-ended...

Commentary: 'Substantially related' matters.
September 20, 2004... Byline: Marcia L. Proctor MRPC 1.9 prohibits a lawyer from representing a client in a matter substantially related and materially adverse to a former client, unless the former client consents. The "substantially related" formulation...

Osceola County Circuit Court: Claims of non-party fault will be heard.
September 20, 2004... Byline: Lynn Patrick Ingram An Osceola County Circuit Court Judge recently denied a plaintiff's motion to strike a defendant's notice of non-party fault, marking the second time in a row that a circuit court has ruled for the defense on...

Michigan Court of Appeals Unpublished Civil Case Summaries: September 24, 2007.
September 20, 2004... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Possession With Intent To Deliver 650 Or More Grams Of Cocaine; Conspiracy To Possess With Intent To Deliver 650 Or More Grams Of Cocaine; Possession With Intent To Deliver 50...

U.S. Court of Appeals 6th Circuit Case Summaries: September 20, 2004.
September 20, 2004... Byline: Michigan Lawyers Weekly Staff Administrative Law OSHA - Excavation Violations Where substantial evidence supports the administrative law judge's finding that the two citations respondent-Occupational Safety and Health...

Cutting-edge techniques help leading attorneys win cases.
September 27, 2004... Byline: Lynn Patrick Ingram Leading attorneys in their respective fields say the single best way to turn a seemingly average or difficult case into a great one is through the use of cutting-edge techniques and demonstrative evidence. ...

Michigan Court of Appeals Case Summaries: September 27, 2004.
September 27, 2004... Byline: Michigan Lawyers Weekly Staff Administrative Law Public Service Comm'n - Rulemaking Authority Where the Michigan Public Service Commission promulgated rules concerning out-of-service repairs, it lacked authority to do so...

Michigan Court of Appeals Unpublished Criminal Case Summaries: September 27, 2004.
September 27, 2004... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Murder, Second Degree. Jury Waiver. "Defendant initially equivocated on his decision to waive his right to a jury; however, on the morning of trial, he expressed no uncertainty...

Commentary: ESOPs and estate planning for the business owner.
September 27, 2004... Byline: Vernon Saper Employee stock ownership plans (ESOPs) have been around for more than 30 years. However, not all professional advisors are familiar with the advantages ESOPs offer the business owner of a closely held corporation. ...

Verdicts & Settlements September 27, 2004: $138K for auto neg, first-party benefits.
September 27, 2004... Byline: Michigan Lawyers Weekly Staff This case involved the death of the plaintiff's decedent, who was killed on Sept. 17, 2000, when he was ejected from the passenger seat of a pickup truck driven by his ex-girlfriend, defendant Lenora...

Lenawee County Circuit Court judge strikes down Michigan's sentencing guidelines.
September 27, 2004... Byline: Todd C. Berg A Lenawee County Circuit Court Judge recently sentenced a criminal defendant under pre-guidelines law, finding that Michigan's current sentencing guidelines are unconstitutional under Blakely v. Washington. The...

Michigan Lawyers in the News: September 27, 2004.
September 27, 2004... Byline: Michigan Lawyers Weekly Staff NewsMakers Elections James C. Boerigter of Kreis Enderle in Kalamazoo has become president of Western Michigan Legal Services. Others elected include: Paul E. Jensen -- vice president;...

Interview with Judge Prentis Edwards of Wayne County Circuit Court.
September 27, 2004... Byline: Michigan Lawyers Weekly Staff Education: Wayne State University Law School (1965); Wayne State University (1960) Experience: Judge, Wayne County Circuit Court; judge, Recorder's Court; presiding judge, criminal division, 36th...

Michigan Attorney General Opinion Summaries: September 27, 2004.
September 27, 2004... Byline: Michigan Lawyers Weekly Staff Family Law Adoptions - Full Faith And Credit A marriage contracted between persons of the same sex in a state that recognizes same-sex marriages is not valid in the State of Michigan. Couples...

Michigan County Circuit Courts Case Summaries: September 27, 2004.
September 27, 2004... Byline: Michigan Lawyers Weekly Staff Criminal Law Sentencing - Constitutionality Where recent U.S. Supreme Court precedent calls into question the constitutionality of Michigan's sentencing guidelines scheme, until there is...

Verdicts & Settlements September 27, 2004: Highway defect claim settles for $1M.
September 27, 2004... Byline: Michigan Lawyers Weekly Staff On Aug. 22, 2002, five high school football players had just finished practice and decided to drive home together in two different vehicles. Two of the boys got into one vehicle and left the parking lot...

Verdicts & Settlements September 27, 2004: $13K awarded for breach of contract.
September 27, 2004... Byline: Michigan Lawyers Weekly Staff The plaintiff, a contractor, submitted a bid to replace gutters and downspouts on approximately 40 townhouses. Through the course of construction, the plaintiff discovered that the fascia boards, which...

Bar sued for patron's death wins 'no cause' verdict from Kent County jury.
September 27, 2004... Byline: Michigan Lawyers Weekly Staff A bar owner was not liable for the death of an intoxicated patron, even though the stairway on which the patron fell did not have a handrail. A Kent County jury returned a "no cause" verdict in the...

U.S. Bankruptcy Court Case Summaries: September 27, 2004.
September 27, 2004... Byline: Michigan Lawyers Weekly Staff Chapter 13 Consumer Law Claims - Attorney Fees Where the debtors partially prevailed against defendant in an adversarial action for violations of the Truth in Lending Act and the Home...

U.S. Magistrate Court Summaries: September 27, 2004.
September 27, 2004... Byline: Michigan Lawyers Weekly Staff ERISA Long Term Disability Claim - Denial Upheld Where defendant-insurance company denied plaintiff's claim for long term disability benefits, the denial is upheld because there is little...

U.S. Court of Appeals 6th Circuit Case Summaries: September 27, 2004.
September 27, 2004... Byline: Michigan Lawyers Weekly Staff Employment Family Medical Leave Act - Notice Where defendant-employer failed to restore plaintiff-employee to her previous position or its equivalent after receiving unambiguous notice of her...

U.S. District Court Eastern District Case Summaries: September 27, 2004.
September 27, 2004... Byline: Michigan Lawyers Weekly Staff Civil Rights Section 1983 - Police Misconduct Claims Where a woman was shot and killed by her husband after the police allegedly did not make an adequate response to domestic violence issues,...

Employer violated FMLA provision, rules 6th Circuit Court of Appeals.
September 27, 2004... Byline: Karen M. Poole An employer violated the Family Medical Leave Act (FMLA) when it failed to return an employee to her old position, or a similar one, immediately upon the employee's return from FMLA leave, the 6th Circuit Court of...

Bar sued for patron's death wins 'no cause' verdict from Kent County jury.
September 27, 2004... Byline: Todd C. Berg A bar owner was not liable for the death of an intoxicated patron, even though the stairway on which the patron fell did not have a handrail. A Kent County jury returned a "no cause" verdict in the case after...

Michigan Court of Appeals Unpublished Civil Case Summaries: September 27, 2004.
September 27, 2004... Byline: Michigan Lawyers Weekly Staff Administrative Law Driver License - Improper Reinstatement Where a hearing officer for the Driver License Appeal Division (DLAD) denied petitioner's request to have his driver license...

Michigan Supreme Court Case Summaries: September 27, 2004.
September 27, 2004... Byline: Michigan Lawyers Weekly Staff Miscellaneous Orders ADM File No. 2003-62 Proposed Adoption of New Michigan Rules of Professional Conduct On order of the Court, this is to advise that the Court has extended the comment...

U.S. District Court Western District Case Summaries: September 27, 2004.
September 27, 2004... Byline: Michigan Lawyers Weekly Staff Prisons And Prisoners In Forma Pauperis - Filing Fees Where plaintiff-prisoner has filed three previous lawsuits, which were dismissed as frivolous, he is barred from proceeding in forma...

Commentary: Teaming up to help clients through a major life change.
September 27, 2004... Byline: Darnell Jackson When people go through major life changes, they often rely on a team of professional advisors to help them manage the transition. Many times, financial advisors are considered among lawyers and accountants as the...