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=09=09State  Bar of Michigan e-Journal for Monday, June 4, 2001
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=09=09Timothy  A. Fusco=20
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=09=09Gary  K. Mielock=20
=09=09Richard  E. Rosenberg
=09=09Robert  G. Teeter=20
=09=09G.  Thomas Williams=20
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=09=09See  today's  Bar  Events section for news about upcoming programs an=
d =20
activities =20
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=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09case  summaries =20
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Business Law=20
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Back  to Quicklinks
=09=09
=09=09Issues:?  Securities fraud class action; Pleadings standard created b=
y  the=20
Private Securities Litigation Reform Act; The Safe Harbor provision  for=20
=01&forward-looking statements=018; Hoffman v. Comshare; District  court=01=
,s=20
conversion of motion to dismiss into one for summary judgment
=09=09Court:?  U.S. Court of Appeals Sixth Circuit
=09=09Case  Name:? Helwig v. Vencor, Inc.
=09=09e-Journal  Number:? 10454
=09=09Judge(s):?  En banc =01) Merritt, Martin, Daughtrey, Moore, Cole, Cla=
y,  and=20
Gilman; Dissent =01) Kennedy, Boggs, Norris, Suhrheinrich, Siler,  and Batc=
helder
=09=09
=09=09Plaintiffs  stated a claim for securities fraud by creating a =01&str=
ong=20
inference=018  that defendants projected financial wellbeing at a time when=
=20
they  had actual knowledge that their statements were false or misleading, =
=20
while knowingly omitting material facts that would have tempered  their=20
optimism. Plaintiffs=01, allegations suggested that it must have  become ob=
vious=20
that the impact of the Balanced Budget Act would  be adverse to=20
defendant-corporation, a health care provider, yet  defendants persisted in=
=20
making favorable predictions and feigning  ignorance of the Act=01,s potent=
ial=20
negative impact on earnings. The  district court=01,s order dismissing plai=
ntiff=01,
s action for failure  to state a claim was reversed as to plaintiffs=01,=20
allegations regarding  defendants=01, projections and disclaimers of knowle=
dge=20
about the Balanced  Budget Act, and remanded for further discovery and=20
proceedings. =20
=09=09
=09=09Full  Text Opinion
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=09=09
=09=09
=09=09Civil Rights=20
=09=09
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=09=09
=09=09
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=09=09
=09=09
=09=09
=09=09Back  to Quicklinks
=09=09
=09=09This summary  also appears under Employment & Labor Law
=09=09
=09=09Issues:  Racial discrimination; Intentional infliction of emotional d=
istress
=09=09Court:  Michigan Court of Appeals (Unpublished)
=09=09Case  Name: Anchrum v. Airtouch Cellular
=09=09e-Journal  Number: 10349
=09=09Judge(s):  Per Curiam - Zahra, Smolenski, and Gage
=09=09
=09=09Plaintiff's  claim that she was terminated from employment based on r=
ace=20
failed  as a matter of law because she did not present evidence suggesting =
=20
that any similarly situated non-African-American employee was treated =20
differently for the same or similar conduct. Plaintiff was terminated =20
allegedly because she failed to provide documentation of coaching  sessions=
=20
she was required to perform with her direct employees.  Defendant-employer=
=20
claimed plaintiff was unable to confirm the coaching  sessions took place.=
=20
Plaintiff noted that one Caucasian supervisor  was merely written up for=20
failing to coach her employees. However,  there was no evidence that any of=
=20
the other supervisors were ever  believed to have falsified coaching report=
s.=20
Further, defendants  met their burden of presenting a legitimate,=20
nondiscriminatory reason  for plaintiff's discharge when they asserted that=
=20
she was terminated  because she was believed to have falsified the coaching=
=20
reports  and plaintiff failed to present sufficient evidence to rebut that =
=20
claim. Affirmed.=20
=09=09
=09=09Full  Text Opinion
=09=09
=09=09Back  to Quicklinks=20
=09=09
=09=09This summary  also appears under Employment & Labor Law
=09=09
=09=09Issues:  The Americans with Disabilities Act (ADA); Whether defendant=
's  job=20
rotation concept violated the ADA; Evidence that plaintiff was  disabled=20
within the meaning of the ADA; Whether plaintiff was otherwise  qualified;=
=20
Whether defendant failed to provide reasonable accommodation;  Improper ord=
er=20
that the jury verdict not be entered
=09=09Court:  U.S. Court of Appeals Sixth Circuit
=09=09Case  Name: Kiphart v. Saturn Corp.
=09=09e-Journal  Number: 10453
=09=09Judge(s):  Collier, Daughtrey, and Gilman
=09=09
=09=09The plaintiff-employee  presented sufficient evidence to support the =
jury's=20
verdict in his  favor because he established that (1) he was substantially=
=20
limited  in his ability to perform manual tasks, (2) the full task rotation=
 =20
was not an essential job function and plaintiff was otherwise qualified,  a=
nd=20
(3) defendant failed to provide reasonable accommodation. Plaintiff  allege=
d=20
that defendant improperly used its concept of job rotation,  under which ea=
ch=20
member of a work team rotated through each of the  jobs assigned to the tea=
m,=20
to justify its refusal to place him on  any team assigned one or more tasks=
=20
he could not perform in violation  of the ADA. Once the jury determined tha=
t=20
full task rotation was  not an essential job function, as alleged by=20
defendant, and plaintiff  was otherwise qualified, the jury could have=20
reasonably determined  that, given the imperfect implementation of the job=
=20
rotation system,  defendant's de facto requirement that only restricted=20
employees  be fully functional/fully rotational was unreasonable. The jury =
=20
could have reasonably concluded that the hardship of accommodating  plainti=
ff=20
by allowing him not to perform the one or two team tasks  he could not=20
perform would not have unduly burdened defendant. Reversed  and remanded.
=09=09
=09=09Full  Text Opinion
=09=09
=09=09Back  to Quicklinks =20
=09=09
=09=09This summary  also appears under Negligence & Intentional Tort
=09=09
=09=09Issues:?  Bystander claim of infliction of emotional distress; Qualif=
ied =20
immunity; Punitive damages; Remittur; Sufficient evidence to support  a=20
finding that excessive force was used during arrest in violation  of=20
plaintiff=01,s civil rights; JNOV; Assault and battery; Whether  attorney=
=01,s=20
closing remarks were inflammatory and caused verdict  to be influenced by=
=20
passion and prejudice; Hearsay; Adoptive admission  hearsay exception;=20
Special verdict individually designating defendants
=09=09Court:?  Michigan Court of Appeals (Unpublished)
=09=09Case  Name:? Sudul v. Donnell
=09=09e-Journal  Number:? 10354
=09=09Judge(s):?  Per Curiam =01) Hoekstra, Cavanagh, and Gage
=09=09
=09=09The trial court  erred in denying defendants-police officers=01, moti=
ons for=20
JNOV regarding  plaintiff-Bernard Sudul=01,s bystander claim of negligent=
=20
infliction  of emotional distress, but evidence presented at trial on=20
plaintiff-Anthony  Sudul=01,s o 1983 claim was legally sufficient to suppor=
t a=20
jury finding  that the force defendants used during his arrest was=20
unreasonable.  Defendants were not entitled to qualified immunity on the o=
=20
1983  claim, but the infliction of emotional distress claim was barred  by=
=20
governmental immunity. The trial court also did not abuse its  discretion i=
n=20
determining that defendants were not entitled to a  new trial on either=20
Anthony Sudul=01,s o 1983 claim or his assault  and battery claim. Affirmed=
 in=20
part, reversed in part, and remanded  for further consideration of=20
defendants=01, motions for remittur or  new trial on the basis that the jur=
y=01,s=20
damage award was clearly  excessive.=20
=09=09
=09=09Full  Text Opinion
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=09=09
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=09=09
=09=09
=09=09Contracts=20
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Back  to Quicklinks
=09=09
=09=09This summary  also appears under Litigation
=09=09
=09=09Issues:?  Finding that performance of contract was impossible; Postur=
e  of=20
the case; Liquidated damages clause; Ruling that plaintiff was  barred from=
=20
further suits by res judicata and collateral  estoppel
=09=09Court:?  Michigan Court of Appeals (Unpublished)
=09=09Case  Name:? Rock Constr., Inc. v. Onyebuchi
=09=09e-Journal  Number:? 10386
=09=09Judge(s):?  Per Curiam =01) Holbrook, Jr., Hood, and Griffin
=09=09
=09=09While the posture  of the case did not preclude the ruling, the trial=
 court=20
erred in  concluding that defendants=01, failure to secure financing was=20
excused  by the defense of impossibility. Defendants=01, failure to secure=
=20
financing  was reasonably foreseeable, and terms of the parties=01, contrac=
t=20
indicated  that they had expressly considered and contemplated that=20
possibility.  However, given the equities of the case, the trial court did=
=20
not  err when it granted defendants the right to recover their $13,000  dow=
n=20
payment despite the terms of the contract=01,s liquidated damages  clause.=
=20
Plaintiff was granted the right to sell the house, which  had increased in=
=20
value during the period between the contract and  the lawsuit. The trial=20
court also incorrectly ruled that plaintiff  was barred from further suit b=
y=20
res judicata and collateral  estoppel, because this ruling was premature.=
=20
Affirmed in part and  reversed in part, with defendants being allowed to ta=
x=20
costs.=20
=09=09
=09=09Full  Text Opinion
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=09=09
=09=09
=09=09
=09=09
=09=09Criminal  Law
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Back  to Quicklinks
=09=09
=09=09Issues:?  Placement of juvenile offender in the custody of the Family=
 =20
Independence Agency (FIA)
=09=09Court:?  Michigan Court of Appeals (Unpublished)
=09=09Case  Name:? In re Bonaroti
=09=09e-Journal  Number:? 10456
=09=09Judge(s):?  Memorandum =01) Jansen, Zahra, and Owens
=09=09
=09=09Placement of  the juvenile defendant with the FIA was not a=20
disproportionately  severe punishment. Following the juvenile=01,s plea of=
=20
guilty to resisting  and obstructing a police officer and malicious=20
destruction of property  over $100, he was warned to attend school and not=
=20
get suspended.  After the juvenile transferred schools to get out of troubl=
e,=20
he  was suspended twice within the first month. The juvenile also had =20
failing grades and was well below his grade level in reading. The  trial=20
court did not abuse its discretion in placing the juvenile  with the FIA.=
=20
Affirmed.
=09=09
=09=09Full  Text Opinion
=09=09
=09=09Back  to Quicklinks =20
=09=09
=09=09Issues:?  Sufficient evidence to support conviction of felonious assa=
ult
=09=09Court:?  Michigan Court of Appeals (Unpublished)
=09=09Case  Name:? People v. Baskin
=09=09e-Journal  Number:? 10455
=09=09Judge(s):?  Memorandum =01) Jansen, Zahra, and Owens
=09=09
=09=09The trial court=01,s  findings in defendant=01,s bench trial, resulti=
ng in his=20
conviction  of felonious assault, were sufficient to support defendant=01,s=
=20
conviction.  Although the trial court was unable to completely accept the=
=20
testimony  of any of the witnesses, and acquitted defendant on five of the =
=20
six charges against him, it found that defendant struck the victim  in the=
=20
head with a baseball bat. That finding was amply supported  by the evidence=
,=20
which did not clearly weigh in defendant=01,s favor.  A baseball bat, when =
used=20
to inflict injury, can constitute a dangerous  weapon. Affirmed.
=09=09
=09=09Full  Text Opinion
=09=09
=09=09Back  to Quicklinks =20
=09=09
=09=09Issues:  Entrapment; Prosecutorial misconduct
=09=09Court:  Michigan Court of Appeals (Unpublished)
=09=09Case  Name: People v. Gilders=20
=09=09e-Journal  Number: 10372
=09=09Judge(s):  Per Curiam - Neff, Fitzgerald, and Markey
=09=09
=09=09The trial court  properly found that the undercover officer did nothi=
ng but=20
offer  defendant the opportunity to commit the crime and defendant was  not=
=20
entrapped by the undercover officer's conduct. Defendant argued  that he on=
ly=20
wanted to purchase one ounce of cocaine and that the  officer's conduct in=
=20
refusing to deal in any amount less than two  ounces was entrapment. The=20
officer put the word out on the street  that he had cocaine for sale but=20
would not sell less than two ounces.  Defendant contacted the officer=20
numerous times to make a deal. His  problem was not that he did not want tw=
o=20
ounces but that he could  not afford two ounces at once. After obtaining=20
sufficient cash to  complete a two-ounce transaction, the defendant did not=
=20
hesitate  to contact the officer. The evidence did not indicate that the us=
e =20
of a two-ounce minimum was intended as a means to enhance possible =20
sentences. The conduct of the police was not so outrageous that  it overcam=
e=20
the will of defendant. Affirmed.
=09=09
=09=09Full  Text Opinion
=09=09
=09=09Back  to Quicklinks =20
=09=09
=09=09Issues:?  Circuit court jurisdiction; Prosecutor=01,s charging proced=
ure; =20
Amendment of information to reinstate charges; District court refusal  to=
=20
bind over solely on basis it disbelieved the complainant=01,s testimony  at=
 the=20
preliminary examination; Sentencing; Response to challenges  to PSIR
=09=09Court:?  Michigan Court of Appeals (Unpublished)
=09=09Case  Name:? People v. Rivera
=09=09e-Journal  Number:? 10365
=09=09Judge(s):?  Per Curiam =01) Neff, Fitzgerald, and Markey
=09=09
=09=09Although somewhat  irregular, the prosecutor=01,s procedures in this =
matter=20
provided the  circuit court with jurisdiction over each of the charged=20
crimes.  The circuit court possessed jurisdiction to join the misdemeanor =
=20
assault charge pending before the district court, which was reduced  after=
=20
preliminary examination from a charge of assault with intent  to commit=20
murder, with the felony kidnapping charge pending before  the circuit court=
.=20
Defendant identified no authority or rationale  that would deny the circuit=
=20
court jurisdiction over a separately  charged misdemeanor arising from the=
=20
same criminal act or occurrence  as felony charges already pending in the=
=20
circuit court. The circuit  court=01,s amendment of the information to rein=
state=20
charges dismissed  by the district court after the preliminary examination=
=20
also did  not constitute unfair surprise. Defendant=01,s conviction and=20
sentence  was affirmed.
=09=09
=09=09Full  Text Opinion
=09=09
=09=09Back  to Quicklinks =20
=09=09
=09=09Issues:?  Other acts evidence; Application of the VanderVliet test; =
=20
Ineffective assistance of counsel for failure to challenge competency  of=
=20
seven-year old to testify; Proportionality of sentence of 72  to 180 months=
=01,=20
imprisonment for CSC III
=09=09Court:?  Michigan Court of Appeals (Unpublished)
=09=09Case  Name:? People v. Stoutmiles
=09=09e-Journal  Number:? 10395
=09=09Judge(s):?  Per Curiam =01) Collins, Hokestra, and Gage
=09=09
=09=09Evidence of  a previous sexual act that defendant allegedly committed=
=20
against  a seven-year old was properly admitted because it met each prong  =
of=20
the VanderVliet test. The evidence was offered for a proper  purpose, to sh=
ow=20
a scheme or plan by defendant to commit the crime  in his living room despi=
te=20
the presence of others. Defendant=01,s theory  was that the victim was=20
fabricating the accusations. The evidence  was relevant because it made=20
defendant=01,s guilt more probable than  it would have been without the=20
evidence. Since defendant had previously  committed unlawful sexual acts in=
=20
his crowded living room, it was  not implausible for him to have performed=
=20
similar acts on the complainant  under similar circumstances. The evidence=
=01,s=20
probative value was  not substantially outweighed by the risk of unfair=20
prejudice, and  the trial court gave a limiting instruction. Defendant=01,s=
=20
conviction  and sentence were affirmed.
=09=09
=09=09Full  Text Opinion
=09=09
=09=09Back  to Quicklinks =20
=09=09
=09=09Issues:?  Withdrawal of guilty plea; Effect of deferral of acceptance=
  of=20
plea pending review of a not yet prepared presentence report;  Fed. R. Crim=
.=20
P. 32(e); A fair and just reason for withdrawal of  plea=20
=09=09Court:?  U.S. Court of Appeals Sixth Circuit
=09=09Case  Name:? United States v. Mader
=09=09e-Journal  Number:? 10452
=09=09Judge(s):?  Krupansky, Boggs, and Batchelder
=09=09
=09=09Defendant had  to provide a fair and just reason to support withdrawa=
l of his=20
guilty  plea, even though that plea had not yet been accepted by the=20
district  court, and he failed to do so. At the plea hearing, the district =
=20
court deferred acceptance of the plea and the plea agreement pending  revie=
w=20
of a not yet prepared presentence report. Contrary to defendant=01,s  argum=
ent,=20
that did not allow him to withdraw the plea without any  justification.=20
Defendant=01,s contention that he had a fair and just  reason to withdraw h=
is=20
plea was also unavailing. Defendant knew  at the time of the plea hearing=
=20
that the gun that he ostensibly  sold to the eventual murderer of a police=
=20
officer had jammed at  the scene of that shooting and was not the gun that=
=20
killed the officer.  The only new information in the presentence report was=
=20
the government=01,s  admission that defendant did not sell that gun directl=
y to=20
the murderer.  Denial of defendant=01,s motion to withdraw his plea was aff=
irmed.
=09=09
=09=09Full  Text Opinion
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Employment & Labor Law=20
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Back  to Quicklinks
=09=09
=09=09This summary  also appears under Civil Rights
=09=09
=09=09Issues:  Racial discrimination; Intentional infliction of emotional d=
istress
=09=09Court:  Michigan Court of Appeals (Unpublished)
=09=09Case  Name: Anchrum v. Airtouch Cellular
=09=09e-Journal  Number: 10349
=09=09Judge(s):  Per Curiam - Zahra, Smolenski, and Gage
=09=09
=09=09Plaintiff's  claim that she was terminated from employment based on r=
ace=20
failed  as a matter of law because she did not present evidence suggesting =
=20
that any similarly situated non-African-American employee was treated =20
differently for the same or similar conduct. Plaintiff was terminated =20
allegedly because she failed to provide documentation of coaching  sessions=
=20
she was required to perform with her direct employees.  Defendant-employer=
=20
claimed plaintiff was unable to confirm the coaching  sessions took place.=
=20
Plaintiff noted that one Caucasian supervisor  was merely written up for=20
failing to coach her employees. However,  there was no evidence that any of=
=20
the other supervisors were ever  believed to have falsified coaching report=
s.=20
Further, defendants  met their burden of presenting a legitimate,=20
nondiscriminatory reason  for plaintiff's discharge when they asserted that=
=20
she was terminated  because she was believed to have falsified the coaching=
=20
reports  and plaintiff failed to present sufficient evidence to rebut that =
=20
claim. Affirmed.=20
=09=09
=09=09Full  Text Opinion
=09=09
=09=09Back  to Quicklinks=20
=09=09
=09=09This summary  also appears under Civil Rights
=09=09
=09=09Issues:  The Americans with Disabilities Act (ADA); Whether defendant=
's  job=20
rotation concept violated the ADA; Evidence that plaintiff was  disabled=20
within the meaning of the ADA; Whether plaintiff was otherwise  qualified;=
=20
Whether defendant failed to provide reasonable accommodation;  Improper ord=
er=20
that the jury verdict not be entered
=09=09Court:  U.S. Court of Appeals Sixth Circuit
=09=09Case  Name: Kiphart v. Saturn Corp.
=09=09e-Journal  Number: 10453
=09=09Judge(s):  Collier, Daughtrey, and Gilman
=09=09
=09=09The plaintiff-employee  presented sufficient evidence to support the =
jury's=20
verdict in his  favor because he established that (1) he was substantially=
=20
limited  in his ability to perform manual tasks, (2) the full task rotation=
 =20
was not an essential job function and plaintiff was otherwise qualified,  a=
nd=20
(3) defendant failed to provide reasonable accommodation. Plaintiff  allege=
d=20
that defendant improperly used its concept of job rotation,  under which ea=
ch=20
member of a work team rotated through each of the  jobs assigned to the tea=
m,=20
to justify its refusal to place him on  any team assigned one or more tasks=
=20
he could not perform in violation  of the ADA. Once the jury determined tha=
t=20
full task rotation was  not an essential job function, as alleged by=20
defendant, and plaintiff  was otherwise qualified, the jury could have=20
reasonably determined  that, given the imperfect implementation of the job=
=20
rotation system,  defendant's de facto requirement that only restricted=20
employees  be fully functional/fully rotational was unreasonable. The jury =
=20
could have reasonably concluded that the hardship of accommodating  plainti=
ff=20
by allowing him not to perform the one or two team tasks  he could not=20
perform would not have unduly burdened defendant. Reversed  and remanded.
=09=09
=09=09Full  Text Opinion
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Family  Law=20
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Back  to Quicklinks
=09=09
=09=09Issues:?  Termination of parental rights under o 19b(3)(g)
=09=09Court:?  Michigan Court of Appeals (Unpublished)
=09=09Case  Name:? In re Breon
=09=09e-Journal  Number:? 10401
=09=09Judge(s):?  Per Curiam =01) McDonald, Murphy, and Meter
=09=09
=09=09The family  court did not clearly error in terminating respondent-fat=
her=01,s=20
parental  rights because several factors demonstrated that, without regard =
=20
to intent, he could not provide proper care for the children and  would not=
=20
be able to do so within a reasonable time. A foster care  worker testified=
=20
that respondent was dismissed from a drug treatment  program because of a=
=20
relapse and an altercation with a worker. The  foster care worker also=20
testified that respondent (1) failed to  complete the aftercare portion of=
=20
another drug treatment program,  (2) failed to provide documentation=20
regarding parenting classes,  and (3) had inadequate housing. Respondent=20
admitted that he had  inadequate housing and failed to provide documentatio=
n=20
of compliance  with his treatment plan. Affirmed.
=09=09
=09=09Full  Text Opinion
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Litigation=20
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Back  to Quicklinks
=09=09
=09=09Issues:?  Res judicata
=09=09Court:?  Michigan Court of Appeals (Unpublished)
=09=09Case  Name:? Creer v. Hills
=09=09e-Journal  Number:? 10457
=09=09Judge(s):?  Memorandum =01) McDonald, Smolenski, and Kelly
=09=09
=09=09The trial court  properly found that plaintiff attempted to split his=
 cause=20
of action  to avoid the effect of an arbitration order entered in an earlie=
r =20
case and that this suit was barred by the doctrine of res judicata.  Both=
=20
actions were based on the same occurrence, and since the defendant  in this=
=20
action was president of the defendant-corporation in the  prior action, the=
=20
defendants were essentially the same. This action  did not allege a new bas=
is=20
for liability, and the claim against  the builder=01,s trust fund implicate=
d the=20
corporation=01,s liability,  not the individual=01,s. Affirmed.
=09=09
=09=09Full  Text Opinion
=09=09
=09=09Back  to Quicklinks=20
=09=09
=09=09This summary  also appears under Contracts
=09=09
=09=09Issues:?  Finding that performance of contract was impossible; Postur=
e  of=20
the case; Liquidated damages clause; Ruling that plaintiff was  barred from=
=20
further suits by res judicata and collateral  estoppel
=09=09Court:  Michigan Court of Appeals (Unpublished)
=09=09Case  Name:? Rock Constr., Inc. v. Onyebuchi
=09=09e-Journal  Number:? 10386
=09=09Judge(s):?  Per Curiam =01) Holbrook, Jr., Hood, and Griffin
=09=09
=09=09While the posture  of the case did not preclude the ruling, the trial=
 court=20
erred in  concluding that defendants=01, failure to secure financing was=20
excused  by the defense of impossibility. Defendants=01, failure to secure=
=20
financing  was reasonably foreseeable, and terms of the parties=01, contrac=
t=20
indicated  that they had expressly considered and contemplated that=20
possibility.  However, given the equities of the case, the trial court did=
=20
not  err when it granted defendants the right to recover their $13,000  dow=
n=20
payment despite the terms of the contract=01,s liquidated damages  clause.=
=20
Plaintiff was granted the right to sell the house, which  had increased in=
=20
value during the period between the contract and  the lawsuit. The trial=20
court also incorrectly ruled that plaintiff  was barred from further suit b=
y=20
res judicata and collateral  estoppel, because this ruling was premature.=
=20
Affirmed in part and  reversed in part, with defendants being allowed to ta=
x=20
costs.=20
=09=09
=09=09Full  Text Opinion
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Negligence & Intentional Tort
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Back  to Quicklinks
=09=09
=09=09This summary  also appears under Civil Rights
=09=09
=09=09Issues:?  Bystander claim of infliction of emotional distress; Qualif=
ied =20
immunity; Punitive damages; Remittur; Sufficient evidence to support  a=20
finding that excessive force was used during arrest in violation  of=20
plaintiff=01,s civil rights; JNOV; Assault and battery; Whether  attorney=
=01,s=20
closing remarks were inflammatory and caused verdict  to be influenced by=
=20
passion and prejudice; Hearsay; Adoptive admission  hearsay exception;=20
Special verdict individually designating defendants
=09=09Court:?  Michigan Court of Appeals (Unpublished)
=09=09Case  Name:? Sudul v. Donnell
=09=09e-Journal  Number:? 10354
=09=09Judge(s):?  Per Curiam =01) Hoekstra, Cavanagh, and Gage
=09=09
=09=09The trial court  erred in denying defendants-police officers=01, moti=
ons for=20
JNOV regarding  plaintiff-Bernard Sudul=01,s bystander claim of negligent=
=20
infliction  of emotional distress, but evidence presented at trial on=20
plaintiff-Anthony  Sudul=01,s o 1983 claim was legally sufficient to suppor=
t a=20
jury finding  that the force defendants used during his arrest was=20
unreasonable.  Defendants were not entitled to qualified immunity on the o=
=20
1983  claim, but the infliction of emotional distress claim was barred  by=
=20
governmental immunity. The trial court also did not abuse its  discretion i=
n=20
determining that defendants were not entitled to a  new trial on either=20
Anthony Sudul=01,s o 1983 claim or his assault  and battery claim. Affirmed=
 in=20
part, reversed in part, and remanded  for further consideration of=20
defendants=01, motions for remittur or  new trial on the basis that the jur=
y=01,s=20
damage award was clearly  excessive.=20
=09=09
=09=09Full  Text Opinion
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09fields  of practice listings
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09ADR/Arbitration/Mediation
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09ASHER N.  TILCHIN, a  member of the American College of Civil Trial M=
ediators=20
and Michigan  Arbitration and Mediation Association provides mediation for=
=20
pre,  early, and matured lawsuits. He has been a successful mediator since =
=20
1991. Tilchin also provides arbitration services as a single or  multi-pane=
l=20
arbitrator. Cases involving construction, real estate,  commercial=20
transactions, and legal malpractice invited. Asher N.  Tilchin, 31731=20
Northwestern Hwy., Suite 106, Farmington Hills, MI  48334, (248)855-0995 or=
=20
Fax (248) 855-0850, e-mail antilchin@aol.com
=09=09
=09=09Back to Quicklinks =20
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Administrative  Law
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09JAMES R. VIVENTI, James R Viventi PLLC, 3670 Powderhorn  Drive, Okemo=
s, MI=20
48864-5924, Phone: (517) 381-0670, FAX: (517)  381-0671.=20
=09=09
=09=09Back to Quicklinks =20
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Adoption
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09MONICA FARRIS LINKNER, Sommers, Schwartz, Silver & Schwartz,  PC, 200=
0 Town=20
Center, Suite 900, Southfield, MI 48075-1100, Phone:  (248) 746-4011, FAX:=
=20
(248) 936-1976, e-mail: mlinkner@s4online.com. =20
=09=09
=09=09Back to Quicklinks =20
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Alternative  Dispute Resolution
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09DONNA CRAIG, Donna Craig & Associates PLC, 999 Haynes Street,  Suite =
245,=20
Birmingham, MI 48009, Phone: (248) 682-7750, FAX: (248)  682-2376, e-mail:=
=20
craigassoc@earthlink.net.  Visit www.adr-resource.com
=09=09
=09=09Back to Quicklinks =20
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Antitrust/Advertising/Trade  Regulation
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09DAVID G.  CHARDAVOYNE specializes  in the regulation of business comp=
etition,=20
including: antitrust  law, unfair competition, and the regulation of=20
advertising, labeling,  and other trade practices. Former Chairperson of=20
State Bar antitrust  and trade regulation section, more than 15 years'=20
experience in  this field. Will consult regarding antitrust issues=20
(monopolies,  mergers, price fixing, exclusive dealing, tying arrangements,=
=20
price  discrimination, dealer termination, market allocation); premerger =
=20
notice filings under Hart-Scott-Rodino Act; discussions with State  and=20
Federal regulatory agencies (FTC, Justice Department, Attorney  General);=
=20
compliance with laws regulating advertising (substantiation  of claims,=20
product labels, consumer price displays); and all other  matters relating t=
o=20
business competition. David G. Chardavoyne,  26755 La Muera Ave., Farmingto=
n=20
Hills, MI 48334-4613, (248) 477-6308,  e-mail chardavoyne@aol.com
=09=09
=09=09Back to Quicklinks =20
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Appeals
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09LAURIE S. LONGO, 214 South Main, Suite 210, Ann Arbor, MI  48104-2122=
, Phone:=20
(734) 913-5619, e-mail: 42203@msn.com.  Visit http://michiganappeals.com. =
=20
=09=09
=09=09Back to Quicklinks =20
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Appellate  Law
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09SAFFORD & BAKER, PLLC, 40900 Woodward Avenue, Suite 110, Bloomfield  =
Hills,=20
MI 48304, Phone: (248) 646-9100, FAX: (248) 646-9102. Visit =20
www.saffordbaker.com
=09=09
=09=09Back to Quicklinks =20
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Automobile  Warranty Law
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09LIBLANG  & ASSOCIATES:  Specializing in "Lemon Law", UCC, Magnuson-Mo=
ss,=20
Odometer  Fraud and Consumer Protection Act. Available for trials,=20
consultations  or referrals. Cases accepted statewide. Over 17 years and=20
5,000  cases. Michigan's most experienced lemon law attorneys, Dani K. =20
Liblang and Scott J. Sinkwitts. Please call (248) 540-9270 or e-mail  =20
NoLemons@aol.com=20
=09=09
=09=09Back to Quicklinks =20
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Business  & Taxation
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09LAW OFFICES  OF RALPH W. PEZDA.  Oakland County practitioner with an =
LL.M.=20
degree in taxation from  New York University will assist your clients or fi=
rm=20
with taxation,  business, interdisciplinary, and white collar criminal=20
matters.  Referrals paid. 27700 Northwestern Hwy., Suite 411, Southfield,  =
MI=20
48034. (248) 352-5632. E-mail address: rwp@cdlcorp.com
=09=09
=09=09Back to Quicklinks =20
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Construction  Law
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09JOHN V.  TOCCO, attorney,  construction engineer, and civil engineeri=
ng=20
professor, with over  twenty years experience in the construction industry,=
=20
provides mediation  and arbitration services for all construction matters.=
=20
Also provides  litigation support and claims analysis. Cases accepted=20
statewide.  Call (313) 406-2040 for CV, or review Profile at=20
www.johntocco.com  E-mail john@johntocco.com
=09=09
=09=09Back to Quicklinks =20
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Copyrights
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09CAROL R. SHEPHERD, Arborlaw Associates, PLLC, 320 S Main  St, PO Box =
8403,=20
Ann Arbor, MI 48107-8403, Phone: (734) 668-4646,  FAX: (734) 822-4646,=20
e-mail: shepherd@arborlaw.com. =20
=09=09
=09=09Back to Quicklinks =20
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Criminal  Law
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09F. RANDALL KARFONTA, Attorney @ Law, 113 North Main, PO  Box 565, Lel=
and, MI=20
49654, Phone: (231) 256-2200. Visit http://www.leelanau.com  or=20
http://www.leelanau.com/professional/karfonta. =20
=09=09
=09=09Back to Quicklinks =20
=09=09
=09=09RAYMOND A. CASSAR, Law Offices of Raymond A. Cassar, 30665  Northwest=
ern Hwy,=20
Suite 100, Farmington Hills, MI 48334, Phone: (248)  855-0911, FAX: (248)=
=20
855-9523, e-mail: rcassar@aol.com.  Additional offices located in Oakland=
=20
County (248) 855-0911, and Wayne  County (313) 278-8811. Visit=20
www.crimlawattorney.com. =20
=09=09
=09=09Back to Quicklinks =20
=09=09
=09=09TALPOS & ARNOLD PC, 2855 Coolidge Road, Suite 109, Troy, MI  48084-32=
15,=20
Phone: (248) 643-4515, FAX: (248) 643-4797, e-mail: jctalpos@aol.com.  Visi=
t=20
www.Mich-Lawyer.com. =20
=09=09
=09=09Back to Quicklinks =20
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Environmental  Law
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09DEAN & FULKERSON, PC, Richard A. Barr, rbarr@dflaw.com  or James K. O=
'Brien,=20
jobrien@dflaw.com,  801 W Big Beaver, Suite 500, Troy, MI 48084-4767, Phone=
:=20
(248) 362-1300,  FAX: (248) 362-1358.=20
=09=09
=09=09Back to Quicklinks =20
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Family  Law
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09JOHN G. MAKRIS, 802 E Big Beaver Rd, Troy, MI 48083-1404,  Phone: (24=
8)=20
528-1811, FAX: (248) 524-0973, e-mail: jgmakris@altavista.com. =20
=09=09
=09=09Back to Quicklinks =20
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Federal  False Claims (Qui Tam) Actions
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09HaronDAVID  HARON represents  whistleblowers in civil false claims ac=
tions=20
and works with referring  attorneys nationwide who specialize in employment=
=20
law and other  fields. Under the federal False Claims Act, private=20
individuals  with knowledge of fraud against federal programs can file suit=
=20
on  behalf of the United States and receive a substantial share of any =20
recovery. Representing such claimants, Mr. Haron has recovered millions  of=
=20
dollars in Medicare and Medicaid funds that had been fraudulently  obtained=
=20
by health-care providers, primarily through abusive billing  practices. To=
=20
learn more, visit his qui tam web site at www.QuiTamOnline.com  or contact=
=20
him directly by e-mail at dharon@fsh-law.com  or phone (248) 952-0400 at=20
Frank, Stefani, Haron & Hall  in Troy http://www.fsh-law.com/
=09=09
=09=09Back to Quicklinks =20
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Health  Law=20
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09KENNETH R. MARCUS, representing provider organizations and  professio=
nals=20
since 1984 in Blue Cross/Medicaid/Medicare Audit Defense,  Payment Appeals,=
=20
Stark Act Compliance, Managed Care Contracting,  Physician Transactions,=20
Corporate Law. I work collaboratively with  general counsel. Phone=20
888.865.9955, fax: 248.865.9956, e-mail:  krmarcus@aol.com. Visit =20
www.lawyers.com/kenmarcus.
=09=09
=09=09Back to Quicklinks =20
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Hospital  & Medical Negligence
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09THE  LAW OFFICES OF JOHN S. HONE, P.C., representing victims  of hosp=
ital and=20
medical negligence resulting in serious injury,  permanent cognitive and=20
physical disability and wrongful death.  Millions won, available for=20
consultation and referral, cases accepted  statewide. Phone Hone: (248)=20
888-7585; Toll Free: 888-HMO-1010;  Fax: (248) 473-8895; E-mail to=20
mmhmolawsuit@aol.com
=09=09
=09=09Back to Quicklinks =20
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Immigration  and Naturalization
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09NAHIL PETER ANTONE, N. Peter Antone, PC, 16445 West Twelve  Mile Road=
, Suite=20
100, Southfield, MI 48076, Phone: (248) 559-0707,  FAX: (248) 559-0790,=20
e-mail: Peter@Antone.com.  Visit http://Antone.com. =20
=09=09
=09=09Back to Quicklinks =20
=09=09
=09=09ROGER R. RATHI, Attorney at Law, 29777 Telegraph Road, Suite  2500,=
=20
Southfield, MI 48034, Phone: (248) 539-8421, FAX: (248) 353-2786,  e-mail:=
=20
rrathi@yahoo.com. =20
=09=09
=09=09Back to Quicklinks =20
=09=09
=09=09STEVEN N. GARMO, Law Offices of Garmo & Garmo, 28230 Orchard  Lake Ro=
ad,=20
Suite 201, Farmington Hills, MI 48334, Phone: (248) 626-0050,  FAX: (248)=
=20
626-0051, e-mail: steve@garmo.com.  Visit: www.garmo.com. =20
=09=09
=09=09Back to Quicklinks =20
=09=09
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=09=09
=09=09
=09=09Immigration  Law
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09MARSHAL  E. HYMAN & ASSOCIATES. All  aspects of immigration law inclu=
ding=20
employment-based immigration  for professionals and skilled workers. Labor=
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certifications. Family-based  immigration. Immigration from Canada. Politic=
al=20
asylum, all waivers  and appeals. Corporate transfers for multinational=20
employees. Representation  in Immigration courts and Federal courts since=
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1981. 3250 West Big  Beaver, Suite 529, Troy, MI 48084. (248) 643-0642, Fax=
:=20
(248) 643-0798.  E-mail: marshalhyman@msu.com
=09=09
=09=09Back to Quicklinks =20
=09=09
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=09=09
=09=09Insurance  Law
=09=09
=09=09
=09=09
=09=09
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=09=09
=09=09STUART A. SKLAR, Fabian, Sklar & Davis, PC, 31800 Northwestern  Hwy, =
Suite=20
205, Farmington Hills, MI 48334, Phone: (248) 855-2110,  FAX: (248) 855-020=
9.=20
Additional office located in West Michigan  (616) 451-9900, e-mail:=20
ssklar-firelaw@tir.com. =20
=09=09
=09=09Back to Quicklinks =20
=09=09
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=09=09
=09=09
=09=09Intellectual  Property Law
=09=09
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=09=09GIFFORD, KRASS, GROH, SPRINKLE, ANDERSON & CITKOWSKI, P.C.,  280 Nort=
h Old=20
Woodward, Suite 400, Birmingham, MI 48009-5392, Phone:  (248) 647-6000, FAX=
:=20
(248) 647-5210, e-mail: info@patlaw.com. =20
=09=09
=09=09Back to Quicklinks =20
=09=09
=09=09RADER, FISHMAN & GRAUER, PLLC, Bloomfield Hills (248) 594-0600;  Gran=
d Rapids=20
(616) 742-3500; Washington, DC (202) 955-3750; Englewood,  CO (303) 991-120=
0.=20
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=09=09Back to Quicklinks =20
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=09=09
=09=09Labor  & Employment
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09THE LAW  OFFICE of  Gregory T. Gibbs  is an AV rated firm with years =
of=20
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s=20
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your clients under referral fee arrangements. 328 S. Saginaw St.,  Ste. 900=
1,=20
Flint, MI 48502. (810) 239-9470, fax (810) 235-2468,  e-mail:=20
bakerlak@tir.com
=09=09
=09=09Back to Quicklinks =20
=09=09
=09=09DAVID D. KOHL, 39500 Orchard Hill Place, Suite 110, Novi, MI  48375, =
Phone:=20
(248) 347-6666, FAX: (248) 348-8707, e-mail: daviddkohl@juno.com. =20
=09=09
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=09=09Litigation
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=09=09FINK, ZAUSMER & KAUFMAN, PC, 31700 Middlebelt Rd #150, Farmington  Hi=
lls, MI=20
48334, Phone: (248) 851-4111, FAX: (248) 851-0100. Additional  offices=20
located in Detroit (313) 963-3873, and Lansing (517) 374-2735.  Visit=20
http://www.lawsite.com =20
=09=09
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=09=09
=09=09STEPHEN K. VALENTINE, JR, Valentine & Associates, 5767 West  Maple Ro=
ad.=20
Suite 400, West Bloomfield, MI 48322, Phone: (248) 851-3010,  FAX: (248)=20
851-1553. =20
=09=09
=09=09Back to Quicklinks =20
=09=09
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=09=09
=09=09Medical  Malpractice
=09=09
=09=09
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=09=09
=09=09WANT A SECOND  OPINION ON A MEDICAL MALPRACTICE CASE? The  law office=
s of=20
Anthony M. Malizia, P.C., is a statewide firm that  handles only medical=20
malpractice cases. I am Martindale-Hubbell  "AV-rated." I sit as a=20
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case for a "de novo" review. We also  welcome the referral of "new" cases.=
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Anthony M. Malizia,  P.C., 37000 Grand River, Suite 340, Farmington Hills, =
MI=20
48335,  1-800-555-5107 or e-mail: amlmalizia@aol.com
=09=09
=09=09Back to Quicklinks =20
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=09=09BRAD B. ALDRICH, Law Offices of Brad B. Aldrich, PLLC, 645  Griswold,=
 Suite=20
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l=20
belmontald@aol.com.
=09=09
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=09=09LAW OFFICES  OF MARSHA LYNN TUCK with  20 years experience,=20
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t=20
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cases. Marsha Lynn Tuck, 30700  Telegraph Road, Suite 4646, Bingham Farms, =
MI=20
48025. (248) 585-9338.
=09=09
=09=09Back  to Quicklinks  =20
=09=09
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=09=09Tax  Litigation & Disputes
=09=09
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=09=09JOSEPH FALCONE  is  available to assist attorneys with Federal and St=
ate=20
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Falcone & Rolfe, P.C., 3000 Town Center, Suite 2370, Southfield,  MI 48075.=
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(248) 357 6610. Fax (248) 357-6613.
=09=09
=09=09Back to Quicklinks =20
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=09=09Transportation  Law
=09=09
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=09=09PAUL M. ROSS, P.C., 2840 East Grand River Avenue, Suite  1, East Lans=
ing, MI=20
48823-4911, Phone: (517) 337-7677, FAX: (517)  332-9361, e-mail:=20
pross1412@aol.com. =20
=09=09
=09=09Back to Quicklinks =20
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=09=09Worker's  Compensation
=09=09
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=09=09JOHN M. H ULRICH, IV, Crawforth Mcmanus Tenbrunsel & Ulrich,  999 Hay=
nes=20
Street, Suite 245, Birmingham, MI 48009-6702, Toll-free:  (800) 424-4878,=
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Phone: (248) 540-1270, FAX: (248) 540-3925.=20
=09=09
=09=09Back to Quicklinks =20
=09=09
=09=09To receive information  on how to place a Fields of Practice listing,=
 contact=20
Stacy  Sage or see Advertising  Opportunities on our website. =20
=09=09
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=09=09Back to Quicklinks =20
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=09=09
=09=09
=09=09Elections
=09=09
=09=09
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=09=09
=09=09Paid Advertisement =20
=09=09GREG ULRICH  for STATE BAR COMMISSIONER: WAYNE COUNTY=0F-Vote  June 1=
st for=20
three term past State Bar Commissioner and Representative  Assembly=20
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=09=09Expert  Witness=0F-Building
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=09=09EXPERT WITNESS  services  for construction issues. Our cases include =
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=09=09RESIDENTIAL  CONSTRUCTION--ABR  Construction Company, Inc. offering e=
xpertise=20
in all phases of residential  construction related to workmanship, cost,=20
time, structural analysis,  civil analysis, and other related problems.=20
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=09=09Expert  Witness=0F-Economics Consulting
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=09=09ECONOMIC LOSS CALCULATION and litigation support in personal  injury,=
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wrongful death and wrongful discharge cases. Over 25 years  experience=20
including Chief Economist for the Michigan Department  of Commerce. John F.=
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Hanieski, Ph.D., Economics Consulting Services,  LLC, 8583 W. Eaton Hwy.,=
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website: http://userdata.acd.net/hanieski.john
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=09=09Expert  Witness=0F-Forensic & Environmental Geologist
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gist;  29=20
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information, contact Robert A. Hayes, (517)  655-8348, or=20
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=09=09Expert  Witness=0F-Legal Malpractice
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l=20
malpractice expert. Asher  N. Tilchin, Tilchin, Hall & Reynolds P.C., 31731=
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Northwestern  Hwy., Suite 106, Farmington Hills, MI 48334. (248) 855-0995,=
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fax  (248) 855-0850. E-mail antilchin@aol.com
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=09=09Back to Quicklinks =20
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=09=09Lawsuit  Financials
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=09=09DO MONEY  PROBLEMS caused  by disability force some of your clients t=
o settle=20
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h=20
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=09=09OPEN online  offers instant and cost effective access to public recor=
ds.=20
Select  from many sources of criminal data, verify social security numbers,=
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=09=09BLOOMFIELD  HILLS OFFICE SPACE--Great location on Woodward Avenue jus=
t north =20
of Opdyke. 2,864 square feet. Reasonable rates. For more information, =20
contact Steve McCollum at 248.205.2767.=20
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=09=09Positions  Available
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=09=09
=09=09APPELLATE  PRACTICE=0F-Large Detroit litigation firm seeking associat=
e  to join=20
appellate group in handling appeals and complex motions  in the trial court=
s.=20
The firm has a diverse practice, including  defense of medical malpractice,=
=20
product liability and employment  claims, as well as commercial and probate=
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litigation. Excellent  writing and research skills necessary. One to three=
=20
years litigation  or clerking experience preferred. EOE Send resume to P.O.=
=20
Box 43158,  Detroit, MI 48243.
=09=09
=09=09Back to Quicklinks =20
=09=09
=09=09DAWDA, MANN, MULCAHY & SADLER a full-service Bloomfield Hills  firm, =
with 25=20
attorneys and a national client base, is seeking a real  estate/corporate=
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transactional attorney. Qualified candidates must  have 3-5 years experienc=
e=20
with strong academic credentials. Send resume  and references to Director o=
f=20
Administration, 39533 Woodward Avenue,  Suite 200, Bloomfield Hills, MI=20
48304. =20
=09=09
=09=09Back to Quicklinks =20
=09=09
=09=09 DAWDA, MANN, MULCAHY & SADLER a full-service Bloomfield Hills  firm,=
 with 25=20
attorneys and a national client base, is seeking a real  estate/corporate=
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transactional paralegal. Qualified candidates must  have 3-5 years experien=
ce=20
with strong academic credentials. Send resume  and references to Director o=
f=20
Administration, 39533 Woodward Avenue,  Suite 200, Bloomfield Hills, MI=20
48304. =20
=09=09
=09=09Back to Quicklinks =20
=09=09
=09=09ESTABLISHED  MID-SIZED AV Rated Bloomfield Hills litigation firm=20
representing  businesses and insurance companies, seeks attorney with 0-3=
=20
years  experience. Litigation experience helpful. Please direct resumes to =
=20
Linda Pillsworth via e-mail: lpillsworth@kallashenk.com or, Facsimile:  (24=
8)=20
335-9889, or via regular mail: 43902 Woodward Avenue, Suite  200, Bloomfiel=
d=20
Hills, MI 48302. NO TELEPHONE CALLS PLEASE. =20
=09=09
=09=09Back to Quicklinks =20
=09=09
=09=09IMMEDIATE OPENING--Lague,  Newman & Irish is seeking an associate wit=
h 1 - 2=20
years experience.  Candidates must have strong academic credentials and=20
excellent writing  abilities. Send cover letter, resume, and transcripts to=
=20
Eric Gielow,  Lague, Newman & Irish, P.O. Box 389, Muskegon, MI 49443 (or=
=20
ergielow@lnilaw.com).   =20
=09=09
=09=09Back to Quicklinks =20
=09=09
=09=09SENIOR COUNSEL=01*Responsibilities  of this person are to provide adv=
ice to=20
various departments. Draft,  review and negotiate agreements, debt=20
instruments, and guaranties  for domestic and international business units.=
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Review all advertising  for compliance with FTC regulations, trademark usag=
e=20
and adherence  to corporate policies. Defend employment related legal actio=
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and  review and advise on hiring practices and procedures. Minimum=20
qualifications  are seven years experience from a law firm and/or a major=
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corporation  with relevant practice experience. Plus strong background with=
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employment  law. J.D. from a accredited law school, admitted to practice la=
w=20
in  Michigan or other U.S. jurisdiction. Please send resume to=20
Ashleys@dominos.com  or fax to 734-930-4350. Salary is 110K.Legal Departmen=
t,=20
Domino's  Pizza, 30 Frank Lloyd Wright Drive, Ann Arbor, MI 48106.  =20
=09=09
=09=09Back to Quicklinks
=09=09
=09=09UNIVERSITY  OF MICHIGAN=0F-The  Office of the Vice President and Gene=
ral Counsel=20
of the University  of Michigan is seeking exceptionally qualified applicant=
s=20
for an attorney  who will take primary responsibility for coordinating the=
=20
University's  litigation in the medical malpractice area. The successful=20
candidate  will engage and supervise outside counsel in medical malpractice=
=20
and  will provide advice and representation in other areas of health care =
=20
law. This position will work closely with the senior leadership of  the=20
University Health System, including the Chief of Staff for Clinical  Affair=
s=20
and the Director of the Medical Center Risk Management Office,  other=20
attorneys in the Office of the Vice President and General Counsel,  and wit=
h=20
individual members of the medical staff. The successful candidate  will dra=
ft=20
and review policies; serve on University committees; conduct  educational=
=20
programs on legal topics for the University community,  and carry out other=
=20
duties as assigned. Experience providing legal  services for a university=
=20
affiliated, or similar, health care system  is desired. A law degree from a=
n=20
NALS accredited law school, membership  or eligibility for membership in th=
e=20
State Bar of Michigan, at least  five years litigation experience with an=
=20
emphasis on medical malpractice,  reasonable experience in health care law=
=20
are required. Applications  will be accepted until the position is filled,=
=20
but applications should  be submitted promptly to ensure full consideration=
.=20
To apply, please  send a cover letter and resume to: Office of the Vice=20
President and  General Counsel, Attention: MED MAL, 4010 Fleming=20
Administration Building,  Ann Arbor, Michigan 48109-1340. The University of=
=20
Michigan is an equal  opportunity, affirmative action employer.  =20
=09=09
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=09=09SOUTH FLORIDA  ATTORNEY available for consultations, all legal and bu=
siness =20
matters, referrals, or local counsel, litigation and estates. Contact  Mark=
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ne=20
305.556.2626. Member of the State Bar of Michigan  for 25 years and the=20
Florida Bar for 14 years.
=09=09
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=09=09
=09=09To receive information  on how to place a classified advertisement, c=
ontact=20
Stacy  Sage =20
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