Michigan Lawyers Weekly articles from September 2007

Michigan Lawyers Weekly archives from September 2007

Don't let justice fall prey to budget-cutting.(Letter to the editor)
September 3, 2007... Byline: Michigan Lawyers Weekly Staff To the Editor: I have been following your excellent coverage of the proposed reduction in Michigan judges. All articles have been well written and informative. But I would like to call attention to...

Topic ripe for discussion.(Letter to the editor)(Brief article)
September 3, 2007... Byline: Michigan Lawyers Weekly Staff To the Editor: I want to congratulate you on one of your finest articles "analyzing" a recent Supreme Court case ("Cherry picking," Aug. 20, 2007). It was accurate, readable, and struck a...

Story was the 'pits'.(Letter to the editor)
September 3, 2007... Byline: Michigan Lawyers Weekly Staff To the Editor: It is ironic that Todd Berg titled his article about the Michigan Supreme Court's decision in In re Certified Question from the Fourteenth District Court of Appeals of Texas (Miller...

Ghostwriters: Research attorneys, not judges, are writing Michigan Court of Appeals opinions.
September 3, 2007... Byline: Todd C. Berg, Esq. 'Downsizing' the Judiciary -- Analysis Research attorneys, not judges, are writing Michigan Court of Appeals opinions. That's part of the message State Court Administrator Carl L. Gromek is sending with...

Michigan Justice Corrigan: 'Precisely what part of the word 'and' is difficult to understand?'.(Justice Maura D. Corrigan)
September 3, 2007... Byline: Melissa P. Stewart, Esquire When the Farbman Group hired Kenneth Karaczewski as a maintenance engineer, both employer and employee resided in Michigan. Two years later, Karaczewski was transferred to Fort Lauderdale, where he...

Watergate redux?
September 3, 2007... Byline: Natalie Lombardo U.S. Supreme Court A recent U.S. Supreme Court decision enabling issue ads to be paid for by corporations' treasury funds, and to run in close proximity to elections, could equal corruption comparable to the...

The Decalogue debate continues as Saginaw commissioner tries again to erect monument.
September 3, 2007... Byline: Douglas J. Levy Constitutional Analysis Patrick A. Wurtzel is hoping he won't hear lawmakers say "Thou Shalt Not" when he tries for a second time to put up a monument of the Ten Commandments on the grounds of a Saginaw County...

Sylvan Lake solo practitioner takes charge.(attorney Thomas J. Ryan)(Interview)
September 3, 2007... Byline: Natalie Lombardo Thomas J. Ryan is a solo practitioner specializing in municipal law. But he stresses that "no one is truly alone," mentioning his secretary as well as numerous colleagues, clerks and experts who help him along...

Michigan Supreme Court finds medical exam under the No-Fault Act is unconditional.
September 3, 2007... Byline: Melissa P. Stewart, Esq. Silence can speak volumes. At least, that's what the Michigan Supreme Court seemed to say in a recent decision, wherein it held that an aspect of the no-fault act's silence trumped conditions imposed by...

Michigan Lawyers in the News: September 3, 2007.
September 3, 2007... Byline: Michigan Lawyers Weekly Staff Appointments Warner Norcross & Judd LLP partner Mark K. Harder has been appointed to the Institute for Continuing Legal Education's Probate Advisory Board. Harder concentrates his practice on...

Michigan Attorney Discipline Board Case Summaries: September 3, 2007.
September 3, 2007... Byline: Michigan Lawyers Weekly Staff Final Notice Of Reinstatement With Conditions Case No. 07-47-RP Notice Issued: August 13, 2007 Robert J. Polasek, P47924, Swartz Creek, Michigan, by Attorney Discipline Board Genesee...

Michigan Court of Appeals Case Summaries: September 3, 2007.
September 3, 2007... Byline: Michigan Lawyers Weekly Staff Courts Bond Forfeiture - Notice To Surety Even though the trial court revoked defendants' releases and ordered their bonds forfeited but did not notify the surety for months or even years...

Michigan Court of Appeals (Unpublished Criminal) Case Summaries: September 3, 2007.
September 3, 2007... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Carrying A Concealed Weapon; Felon In Possession Of A Firearm; Felony Firearm; Assault With Intent To Do Great Bodily Harm. Evidence. "Lee argues that Officer Szymankiewicz...

Michigan Supreme Court Orders: September 3, 2007.
September 3, 2007... Byline: Michigan Lawyers Weekly Staff Attorney Discipline Matters Leverette v. Attorney Grievance Comm'n. (Lawyers Weekly No. 06-63711) (1 pages). "[T]he complaint for superintending control is considered, and relief is DENIED, because...

U.S. Court of Appeals 6th Circuit Case Summaries: September 3, 2007.
September 3, 2007... Byline: Michigan Lawyers Weekly Staff Bankruptcy Malpractice Claim - Enjoined The bankruptcy court correctly issued a permanent injunction to prevent defendant-debtor from prosecuting a state legal malpractice claim against...

Commentary: The ties that bind - and separate.
September 3, 2007... Byline: Thomas D. Davidow As a family business consultant, I have found lawyers to be some of the smartest professionals with whom I work. As a group, they are highly conceptual and intellectually curious about how to resolve the most...

Verdicts & Settlements September 3, 2007: Scar deemed permanent, serious disfigurement.(Brief article)
September 3, 2007... Byline: Michigan Lawyers Weekly Staff When the defendant turned left at an intersection, he cut into the path of the plaintiff's vehicle. The plaintiff -- who was riding in the front seat but was not wearing her seatbelt -- suffered a...

Verdicts & Settlements September 3, 2007: 'No cause' verdict rendered in negligence case.(Brief article)
September 3, 2007... Byline: Michigan Lawyers Weekly Staff In this third-party auto negligence case, the defendant admitted liability for running a red light. As a result of the collision, the plaintiff's pre-existing back condition was exacerbated, and she...

Verdicts & Settlements September 3, 2007: Early termination of contract nets $2.7M settlement.(Brief article)
September 3, 2007... Byline: Michigan Lawyers Weekly Staff Plaintiff sales agency and defendant principal had a contract that could not be ended before Dec. 31, 2007. Nevertheless, the defendant wanted to terminate it approximately one year early, so it offered...

Verdicts & Settlements September 3, 2007: Dog bite victim suffers PTSD.(post-traumatic stress disorder)(Brief article)
September 3, 2007... Byline: Michigan Lawyers Weekly Staff The plaintiff, an avid runner, was attacked by a dog while jogging. The plaintiff suffered very minimal bite and/or scarring injuries, but the plaintiff did suffer from post-traumatic stress disorder...

Getting it 'straight'.(death of Danny Oppenheim due to medical negligence)
September 10, 2007... Byline: Melissa P. Stewart, Esq. Verdicts and Settlements Plus Danny Oppenheim was desperate. After becoming hooked on prescription painkillers as he recovered from a back injury, the 33-year-old husband and father wanted to beat...

The right to cross: Detroit-area attorney says design of roundabouts too restrictive for disabled.
September 10, 2007... Byline: Douglas J. Levy U.S. District Court -- Eastern District of Michigan Metro Detroit has been known for its advances not only in automobiles, but also the roads on which they're driven -- from the world's first freeway (the...

'CSI effect' oversimplifies juries' deliberative process.(CSI: Crime Scene Investigation)
September 10, 2007... Byline: Natalie Lombardo Nowadays, juries are more sophisticated, thus they expect more scientific evidence during trials, officials agree. But the demands aren't entirely a result of being bombarded by a plethora of seductive forensic...

Haste makes waste in Minnesota's judicial budget.
September 10, 2007... Byline: Todd C. Berg, Esq. Courts' budget-analysis Gov. Jennifer M. Granholm could've saved Michigan $1 million a year if she'd held off on filling certain trial court vacancies. Between 2003 and the present, the governor has made...

Michigan Lawyers in the News: September 10, 2007.(Alicia Blumenfeld Chandler has been appointed to the Detroit Chapter of the American Jewish Committee)(Robert A. Sedler elected as president of the Wayne State University Academy of Scholars; Eric S. Richards and Nathaniel R. Wolf elected as officers of the Grand Rapids Chapter of the Federalist Society for Law and Public Policy Studies)(Diana Pratt has named the 2007 recipient of Wayne State University Law School's Thomas F. Blackwell Memorial Award)
September 10, 2007... Byline: Michigan Lawyers Weekly Staff Appointments Alicia Blumenfeld Chandler, an associate attorney at Bodman LLP, has been appointed to the board of directors of the Detroit Chapter of the American Jewish Committee. She practices...

Michigan Attorney Discipline Board Case Summaries: September 10, 2007.
September 10, 2007... Byline: Michigan Lawyers Weekly Staff Notice Of Automatic Reinstatement Case No. 07-03-GA Notice Issued: August 17, 2007 John L. Grace, III, P 41580, Grand Rapids, Michigan. Effective August 13, 2007. Respondent was...

Michigan Court of Appeals Case Summaries: September 10, 2007.(rulemaking case which involves energy conservation standards for the construction industry)
September 10, 2007... Byline: Michigan Lawyers Weekly Staff Administrative Law Rulemaking - Evidence In this administrative rulemaking case involving energy conservation standards for the construction industry, the trial court should have prevented...

Michigan Court of Appeals Unpublished Civil Case Summaries: September 10, 2007.
September 10, 2007... Byline: Michigan Lawyers Weekly Staff Evidence Discovery - Protective Order In this case involving writs of garnishment, the trial court abused its discretion by denying defendant-Annette Ramon's motion for a protective order...

Michigan Court of Appeals Unpublished Criminal Case Summaries: September 10, 2007.
September 10, 2007... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Assault With A Dangerous Weapon. No Judicial Bias Or Prejudice. Defendant argues that the court's comments to defense counsel during the cross-examination of a prosecution...

U.S. Bankruptcy Court Case Summaries: September 10, 2007.
September 10, 2007... Byline: Michigan Lawyers Weekly Staff Chapter 7 Abandoned Property - No Creditor Interest A previous order that allowed a Chapter 7 bankruptcy trustee to abandon the debtor's derivative claims against a third party to one of the...

U.S. Court of Appeals 6th Circuit Case Summaries: September 10, 2007.
September 10, 2007... Byline: Michigan Lawyers Weekly Staff Constitutional Law One-Day Suspension - No Due-Process Violation Where school officials confiscated a student's cell phone when it began ringing during a class session and then imposed a...

U.S. District Court Eastern District Case Summaries: September 10, 2007.
September 10, 2007... Byline: Michigan Lawyers Weekly Staff Attorneys MRPC - Rules 3.5(c) And 6.5(a) Declared Unconstitutional Michigan Rules of Professional Conduct (MRPC) 3.5 (c) and 6.5(a) are unconstitutional because they are overly broad and vague....

Commentary: State Juvenile Code statute's plain language is all relative - and effective.
September 10, 2007... Byline: Eric G. Scott Under Michigan's Juvenile Code, children subject to the jurisdiction of the Juvenile Court are subject to removal from the familial home for placement into foster care. MCL 712A.13a(3) of the code allows the Family...

Verdicts & Settlements September 10, 2007: Ex-employee alleges age, gender bias.
September 10, 2007... Byline: Michigan Lawyers Weekly Staff In this employment discrimination case, the plaintiff, an ex-employee of defendant Myriad Genetics, Inc., alleged age and gender discrimination. After losing her job, the plaintiff, a female...

Verdicts & Settlements September 10, 2007: $35M verdict returned in med-mal case.(Danny Oppenheim Jr. case)
September 10, 2007... Byline: Michigan Lawyers Weekly Staff This case arose out of an incident that occurred at Project Straight, a Michigan-based addiction treatment facility specializing in ultra-rapid detoxification. Project Straight focused on the...

Verdicts & Settlements September 10, 2007: Tortious inference suit nets $312K settlement.(Lytle Medical Technologies, Inc case)
September 10, 2007... Byline: Michigan Lawyers Weekly Staff Scott D. Sample was an at-will sales employee of plaintiff Lytle Medical Technologies, Inc., and, as part of his employment, signed a noncompetition and nonsolicitation agreement. One of the...

'It's repugnant,' says lawyer about planting of evidence in criminal case.(James R. Neuhard on Sandra Anderson's planting of evidence in Azizul Islam's case.)
September 17, 2007... Byline: Natalie Lombardo Azizul Islam is behind bars for good. The Plymouth doctor was sentenced to life in prison for killing and dismembering his estranged wife. He allegedly hid her torso in a yard and limbs in a dumpster, though...

Michigan Court of Appeals Unpublished Civil Case Summaries: September 17, 2007.
September 17, 2007... Byline: Michigan Lawyers Weekly Staff Arbitration Vacated Award - Reinstated On remand from the Michigan Supreme Court, we reverse the trial court's order, which vacated an arbitration award favorable to defendant and ordered a...

Michigan Court of Appeals Unpublished Criminal Case Summaries: September 17, 2007.(Reprint)
September 17, 2007... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery. Joinder. Defendant was accused of committing a string of robberies and complains that counsel was ineffective by agreeing to the prosecutor's motion for joinder....

U.S. Court of Appeals 6th Circuit Case Summaries: September 17, 2007.
September 17, 2007... Byline: Michigan Lawyers Weekly Staff Civil Procedure Intervention - State Constitutional Amendment Three advocacy groups, the Michigan Civil Rights Initiative (MCRI), the American Civil Rights Foundation (ACRF) and Toward a Fair...

Taking the pulse of 'health courts'.
September 17, 2007... Byline: Dick Dahl Doctors and tort reformers are pushing legislation in both houses of Congress to fund pilot projects in 10 states that would create administrative panels known as "health courts." The legislation, intended to mend...

Verdicts & Settlements September 17, 2007: Traffic accident garners $1.2M settlement.(Brief article)
September 17, 2007... Byline: Michigan Lawyers Weekly Staff On the evening of Dec. 12, 2004, plaintiff William Egan was driving westbound on Interstate 94 in Van Buren County after plowing snow for Kalamazoo County. He was driving a 1986 IHC orange snowplow...

Verdicts & Settlements September 17, 2007: Binding arbitration yields 'no cause' award.
September 17, 2007... Byline: Michigan Lawyers Weekly Staff This case arose when plaintiff Machine Enterprising, Inc. (MEI) made a claim for insurance coverage relating to underlying claims made against MEI. The insurance claims -- based on a General Motors...

Verdicts & Settlements September 17, 2007: Crash with parked car nets $940K verdict.(Brief article)
September 17, 2007... Byline: Michigan Lawyers Weekly Staff This case involved an accident between a truck driven by defendant Norman Wenglikowski and a parked car in which plaintiff Patricia Cato sat. Defendant denied his truck was involved in an accident, so...

Separation of church, state compromised with Ten Commandments plan.
September 17, 2007... Byline: Michigan Lawyers Weekly Staff To the Editor: I read with interest your article entitled "The Decalogue Debate" [Sept. 3, 2007]. The world is awash in religiously inspired strife, from Iraq to Darfur to Northern Ireland....

Two wrongs don't make a right.
September 17, 2007... Byline: Melissa P. Stewart, Esq. Michigan Supreme Court When 2-year-old Samantha Bierlein suffered a closed-head injury during a car accident, her parents retained the services of attorney Patrick K. Collison. The Bierleins and...

U.S. District Court rules some provisions of Mich. Rules of Professional Conduct unconstitutional.(Michigan)
September 17, 2007... Byline: Todd C. Berg, Esq. Michigan Rules of Professional Conduct The "courtesy" and "civility" provisions of the Michigan Rules of Professional Conduct (MRPC) are unconstitutional. That's what U.S. District Court Judge Arthur J....

Kent County Circuit Court rules drug offender statute irrational.
September 17, 2007... Byline: Melissa P. Stewart, Esq. As any constitutional law buff can attest, it's pretty difficult to flunk the rational basis test. But, if an opinion authored by Kent County Circuit Court Judge Dennis C. Kolenda is any indication,...

Rental discrimination settlement makes Michigan fair housing history.
September 17, 2007... Byline: Natalie Lombardo When Richard Jones, a black man, was snubbed for a Livonia apartment within one hour of submitting an application, he had an inkling it wasn't because of his credentials. "(Managers) were very dismissive. There...

What if Michael Vick were charged in Michigan?
September 17, 2007... Byline: Natalie Lombardo More horrific than discovering the aftermath of a vicious dogfight -- with hoards of crimson smeared on the plywood pit and drenched in the carpet -- is wincing through the confiscated videos, says Michigan Humane...

Michigan Lawyers in the News: September 17, 2007.
September 17, 2007... Byline: Michigan Lawyers Weekly Staff Appointments Soni Mithani, a principal in Miller Canfield's Ann Arbor office, was appointed to a three-year term on the board of directors of the Washtenaw Community College Foundation. She is a...

Michigan Attorney Discipline Board Case Summaries: September 17, 2007.
September 17, 2007... Byline: Michigan Lawyers Weekly Staff Notice Of Automatic Interim Suspension Case No. 07-136-AI Notice Issued: August 24, 2007 Stephen K. Woods, P 54528, Cassopolis, Michigan. Effective August 20, 2007. Respondent was...

Michigan Court of Appeals Case Summaries: September 17, 2007.
September 17, 2007... Byline: Michigan Lawyers Weekly Staff Criminal Law 180- Day Rule - Remand Where defendant was not brought to trial within 180 days after the prosecutor was notified that defendant was in state custody, a remand is necessary...

Commentary: Job security.
September 24, 2007... Byline: Todd C. Berg, Esq. 'Downsizing' the judiciary -- Analysis The Michigan Constitution has saved six circuit and probate court judgeships from being "downsized." As a result, six district court judgeships have been sent to the...

Meeting prepares State Bar of Michigan members for impending Michigan recession.(72nd annual meeting of the State Bar of Michigan)
September 24, 2007... Byline: Natalie Lombardo State Bar of Michigan The State Bar of Michigan ushers in its 72nd annual meeting this week with the Institute of Continuing Legal Education's Solo and Small Firm Institute, boasting myriad lectures to...

Legend takes center stage: Violations of the Whistleblower Protection Act in Michigan.(Detroit mayor Kwame Kilpatrick)(Case overview)
September 24, 2007... Byline: Melissa P. Stewart, Esq. Since his first term in office, rumors and whispers linking Detroit mayor Kwame Kilpatrick to wild parties and late-night philandering have become enmeshed with the city's urban legend. But legend took...

Wayne County Whisleblower Case: Fixing a flaw in the system.
September 24, 2007... Byline: Melissa P. Stewart, Esq. Even before the Whistleblower case brought them to the media's attention, Wayne County had been working to repair its racially lopsided juries The debate over equal representation is not a new one in...

Does Michigan have it right?(Michigan marriage law)
September 24, 2007... Byline: Natalie Lombardo A gymnast, 15-year-old Sandy B. yearns for a husband who is "steady and understanding for those times when she goes over the top." Her parents are seeking a man to fork out $62,500 for their "lithe and limber"...

Southfield attorney Geoffrey N. Fieger creates defense dream team.(attorneys Gerry Spence and Alan M. Dershowitz)
September 24, 2007... Byline: Natalie Lombardo Seeking an acquittal, Southfield attorney Geoffrey N. Fieger is bringing in the big guns. Fieger, 56, and law partner Vernon R. Johnson, 45, were indicted last month on charges alleging they conspired to make...

A day for the Constitution.
September 24, 2007... Byline: Douglas J. Levy Though it's a federal holiday, Constitution Day is something that's not so much celebrated on Sept. 17 as it is practiced throughout the year -- in the court system, in Congress and in the State Legislature. ...

Michigan Lawyers in the News: September 24, 2007.
September 24, 2007... Byline: Michigan Lawyers Weekly Staff Honors F. Martin Tieber has been named as a "Michigan Super Lawyer" in the 2007 survey conducted by Law & Politics magazine for criminal defense. Tieber, who concentrates his practice on direct...

Attorney Discipline Board Case Summaries: September 24, 2007.(Case note)
September 24, 2007... Byline: Michigan Lawyers Weekly Staff Notice Of Automatic Interim Suspension Case No. 07-136-AI Notice Issued: August 24, 2007 Stephen K. Woods, P 54528, Cassopolis, Michigan. Effective August 20, 2007. Respondent was...

Michigan Court of Appeals Case Summaries: September 24, 2007.(Case note)
September 24, 2007... Byline: Michigan Lawyers Weekly Staff Attorneys Criminal Contempt - Transfer Of Assets An attorney who was ordered to pay more than $200,000 in costs and fees for filing a frivolous case was properly found in criminal contempt...

Michigan Court Of Appeals Unpublished Civil Case Summaries: September 24, 2007.(Case note)
September 24, 2007... Byline: Michigan Lawyers Weekly Staff Administrative Law Drivers' License Revocation - Improperly Set Aside Although MCL 257.323(3) authorizes the circuit court to "affirm, modify, or set aside" a "restriction, suspension, or...

Michigan Court of Appeals Unpublished Criminal Case Summaries: September 24, 2007.(Case note)
September 24, 2007... Byline: Michigan Lawyers Weekly Staff Affirmed Convictions Armed Robbery; Felony Firearm; Habitual Offender, Fourth Offense. Assistance Of Counsel. "The record here shows that the jury was made keenly aware that identification was the...

Michigan Supreme Court Orders Case Summaries: September 24, 2007.(Case note)
September 24, 2007... Byline: Michigan Lawyers Weekly Staff Leave Granted Sidun v. Wayne County Treasurer. (Lawyers Weekly No. 06-64026 - 1 page). The parties shall include among the issues to be briefed whether the defendant's efforts to provide notice...

U.S. Court of Appeals 6th Circuit Case Summaries: September 24, 2007.(Case note)
September 24, 2007... Byline: Michigan Lawyers Weekly Staff Criminal Law Sentencing - Reasonableness Challenge Defendant's five-year probation sentence, including house arrest for the first year, for his guilty plea to one count of possessing an...

Commentary: Simplicity is best tip from the trenches in trying complex cases.(jury trials)
September 24, 2007... Byline: John M. Halan and Frank A. Angileri Trial Management Our firm specializes in intellectual property matters, and for us, complex jury trials are the norm, not the exception. What's the best offense and defense in getting through...

Verdicts & Settlements September 24, 2007: 'Quid pro quo' sexual harassment nets $465K.(Case overview)
September 24, 2007... Byline: Michigan Lawyers Weekly Staff At the time of the alleged sexual harassment, the claimant was employed as a financial manager with Joseph Chevrolet, Inc., an automobile dealership in Millington. Joseph Hood -- the owner of the...

Verdicts & Settlements September 24, 2007: Painter severely injured after 15-foot fall.(James Edgar)(Case overview)
September 24, 2007... Byline: Michigan Lawyers Weekly Staff This case arose out of a construction site accident that occurred Dec. 17, 2004. Plaintiff James Edgar was painting the upstairs ceiling in the foyer at the home at 2496 Canoe Circle, Lake Orion. Mark...

Verdicts & Settlements September 24, 2007: 'No cause' verdict for promissory estoppel claim.(Case overview)
September 24, 2007... Byline: Michigan Lawyers Weekly Staff The plaintiffs' alleged loss of insurance practice and past/future lost profits stemmed from a failed relationship with defendant First Financial Services. Initially, the defendant intended to...

Commentary: Tort reform is all about more, more, more for them - and less for us.(Michigan Chamber of Commerce)
September 24, 2007... Byline: Michael J. Butler Viewpoint On Sept. 7, 2007, the Detroit Free Press published a "Local Comment" piece, "Don't buy into tort reform's promises." It was written by Robert M. Raitt, president of the Michigan Association for...