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=09=09State  Bar of Michigan e-Journal for Wednesday, May 23, 2001
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=09=09Basic  Probate and Post Mortem Planning for Legal Assistants
=09=09Advanced  Probate and Post Mortem Planning for Legal Assistants
=09=09
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=09=09
=09=09case  summaries =20
=09=09
=09=09
=09=09
=09=09Bankruptcy=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 Constitutional Law
=09=09
=09=09Issues:  Whether a state student educational funding assistance corpo=
ration =20
was immune in this dischargeability action; Whether as part of the  plan of=
=20
the Constitutional Convention, which granted Congress the  authority to ena=
ct=20
"uniform" bankruptcy laws, the states  ceded to Congress their sovereignty=
=20
over bankruptcy discharge matters;  The Tennessee Student Assistance=20
Corporation (TSAC)
=09=09Court:  Bankruptcy Appellate Panel Sixth Circuit
=09=09Case  Name: In re Hood
=09=09e-Journal  Number: 10273
=09=09Judge(s):  Rhodes, Aug, and Morgenstern-Clarren
=09=09
=09=09The states  ceded their sovereignty over bankruptcy discharge as part=
 of the =20
plan of the Constitutional Convention. Where there is no sovereignty,  ther=
e=20
can be no sovereign immunity. Accordingly, TSAC was not immune  in this=20
dischargeability action. After the debtor's chapter 7 bankruptcy  discharge=
,=20
the debtor filed an adversary proceeding requesting discharge  of her=20
educational loans from TSAC on the grounds of undue hardship.  After TSAC w=
as=20
added as a defendant, it filed a motion to dismiss  asserting that the=20
adversary proceeding was barred by sovereign  immunity. The bankruptcy cour=
t=20
denied the motion to dismiss, holding  that 11 U.S.C. o 106 properly=20
abrogated TSAC's sovereign immunity.  The court concluded that relevant=20
Supreme Court case precedent impacting  the states, both as creditors and=
=20
sovereigns, demonstrated the Supreme  Court's longstanding conclusion that=
=20
state sovereignty is ultimately  inconsistent with the authority of Congres=
s=20
to establish uniform  laws on bankruptcy. The order of the bankruptcy court=
=20
denying TSAC's  motion to dismiss was affirmed.
=09=09
=09=09Full  Text Opinion
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Civil Rights=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 Employment & Labor Law
=09=09
=09=09Issues:?  Racial discrimination; Disparate treatment; Nondiscriminato=
ry =20
reasons for failing to interview plaintiff; Statistical racial composition =
=20
evidence=20
=09=09Court:?  Michigan Court of Appeals (Unpublished)
=09=09Case  Name:? Thakur v. Department of Corrections
=09=09e-Journal  Number:? 10266
=09=09Judge(s):?  Per Curiam =01) Gage, Cavanagh, and Wilder
=09=09
=09=09Plaintiff didn't  to present evidence refuting defendant=01,s nondisc=
riminatory=20
reasons  for failing to interview him. Defendants presented affidavits=20
explaining  that plaintiff was not interviewed for a position open to=20
doctors  of his rank because he did not at the relevant time appear on a =
=20
register of eligible civil service employees, and that he had been  removed=
=20
from the register after one year under a documented civil  service=20
regulation. Plaintiff did not substantiate that either defendant  secretly=
=20
removed his name from the register, and the affidavits  he presented from=
=20
other, prior litigants against defendants did  not refute defendants=01, re=
asons=20
in this case. While plaintiff argued  that the department=01,s statistical=
=20
racial composition showed disparate  impact against his protected group, he=
=20
did not connect any alleged  shortage of minority employees to a facially=
=20
neutral employment  practice, as required. Summary disposition for defendan=
ts=20
was affirmed. =20
=09=09
=09=09Full  Text Opinion
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Constitutional  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 Bankruptcy
=09=09
=09=09Issues:  Whether a state student educational funding assistance corpo=
ration =20
was immune in this dischargeability action; Whether as part of the  plan of=
=20
the Constitutional Convention, which granted Congress the  authority to ena=
ct=20
"uniform" bankruptcy laws, the states  ceded to Congress their sovereignty=
=20
over bankruptcy discharge matters;  The Tennessee Student Assistance=20
Corporation (TSAC)
=09=09Court:  Bankruptcy Appellate Panel Sixth Circuit
=09=09Case  Name: In re Hood
=09=09e-Journal  Number: 10273
=09=09Judge(s):  Rhodes, Aug, and Morgenstern-Clarren
=09=09
=09=09The states  ceded their sovereignty over bankruptcy discharge as part=
 of the =20
plan of the Constitutional Convention. Where there is no sovereignty,  ther=
e=20
can be no sovereign immunity. Accordingly, TSAC was not immune  in this=20
dischargeability action. After the debtor's chapter 7 bankruptcy  discharge=
,=20
the debtor filed an adversary proceeding requesting discharge  of her=20
educational loans from TSAC on the grounds of undue hardship.  After TSAC w=
as=20
added as a defendant, it filed a motion to dismiss  asserting that the=20
adversary proceeding was barred by sovereign  immunity. The bankruptcy cour=
t=20
denied the motion to dismiss, holding  that 11 U.S.C. o 106 properly=20
abrogated TSAC's sovereign immunity.  The court concluded that relevant=20
Supreme Court case precedent impacting  the states, both as creditors and=
=20
sovereigns, demonstrated the Supreme  Court's longstanding conclusion that=
=20
state sovereignty is ultimately  inconsistent with the authority of Congres=
s=20
to establish uniform  laws on bankruptcy. The order of the bankruptcy court=
=20
denying TSAC's  motion to dismiss was affirmed.
=09=09
=09=09Full  Text Opinion
=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=09Back  to Quicklinks
=09=09
=09=09Issues:?  Jury instruction on negligent homicide as a lesser included=
 =20
offense of involuntary manslaughter; Trial court=01,s failure to give =20
instruction sua sponte; Waiver; Ineffective assistance of  counsel for=20
failure to request instruction or object to its omission
=09=09Court:?  Michigan Court of Appeals (Unpublished)
=09=09Case  Name:? People v. Bridgewater
=09=09e-Journal  Number:? 10254
=09=09Judge(s):?  Per Curiam =01) Bandstra, Gage, and Wilder
=09=09
=09=09Although the  trial court=01,s failure to read the jury instruction o=
n=20
negligent  homicide as a lesser included offense of involuntary manslaughte=
r =20
was error, defense counsel=01,s affirmative withdrawal of the requested =20
instruction and subsequent approval of the instructions given constituted  =
a=20
waiver of the issue. The court also concluded that defense counsel=01,s =20
decision to drop the request was sound trial strategy, and even  if the=20
decision constituted deficient representation, it did not  prejudice=20
defendant to the extent that the outcome of the trial  would have been=20
different. The prosecution presented eyewitness  testimony from two=20
non-police witnesses establishing that defendant  was traveling between 60=
=20
and 80 miles per hour, disobeyed a red  traffic signal, and collided with t=
he=20
minivan in which one of the  victims was traveling. Defendant=01,s convicti=
ons=20
were affirmed.
=09=09
=09=09Full  Text Opinion
=09=09
=09=09Back  to Quicklinks =20
=09=09
=09=09Issues:?  Remedy for noncompliance with discovery order; Dismissal of=
  charges
=09=09Court:?  Michigan Court of Appeals (Unpublished)
=09=09Case  Name:? People v. Byars
=09=09e-Journal  Number:? 10269
=09=09Judge(s):?  Per Curiam =01) McDonald, Smolenski, and Kelly
=09=09
=09=09The trial court  abused its discretion in dismissing the charges agai=
nst=20
defendants  with prejudice as a remedy for the police department=01,s failu=
re=20
to  comply with a discovery order. While it appeared that the department  h=
ad=20
no valid excuse for failing to comply in a timely manner, many  of the=20
documents were provided about a month after the officer in  charge received=
=20
the order. Defense counsel stated at that time that  although he had not=20
reviewed the documents in detail, they appeared  to include everything he=
=20
needed to investigate his entrapment claim.  There was no showing that the=
=20
late arrival of the documents prejudiced  defendant, who was out on bond, a=
nd=20
it was unclear what relevance  they had in determining whether he was=20
entrapped. The more severe  remedy of dismissal was not appropriate where a=
=20
continuance would  have alleviated any harm to defendant=01,s case. Reverse=
d and=20
remanded.
=09=09
=09=09Full  Text Opinion
=09=09
=09=09Back  to Quicklinks =20
=09=09
=09=09Issues:?  Ineffective assistance of counsel; Sufficient evidence to s=
upport =20
conviction of assault with intent to do great bodily harm less than  murder
=09=09Court:?  Michigan Court of Appeals (Unpublished)
=09=09Case  Name:? People v. Ferguson
=09=09e-Journal  Number:? 10257
=09=09Judge(s):?  Per Curiam =01) Doctoroff, Cavanagh, and Meter
=09=09
=09=09Contrary to  defendant=01,s contention that his counsel was ineffecti=
ve for=20
advising  him not to testify on his own behalf, the transcript revealed tha=
t =20
defendant chose not to testify and there was no evidence that counsel =20
persuaded him to refrain from testifying. The evidence presented  at trial=
=20
amply supported the trial court=01,s findings of fact and  ultimate conclus=
ion=20
of guilt. Testimony supported the inference  that the victim was worried=20
about defendant seeing her with another  man and that defendant shot her=20
after he saw her with witness-Reese.  The testimony also established a=20
timeline that contradicted defendant=01,s  claim in his police statement th=
at=20
the shooting was accidental.  Defendant=01,s convictions were affirmed.
=09=09
=09=09Full  Text Opinion
=09=09
=09=09Back  to Quicklinks =20
=09=09
=09=09Issues:?  Loss of evidence before a defense request for its productio=
n;=20
Admission  of evidence regarding defendant=01,s passenger; Ineffective=20
assistance  of counsel
=09=09Court:  Michigan Court of Appeals (Unpublished)=20
=09=09Case  Name:? People v. Knott
=09=09e-Journal  Number: 10265
=09=09Judge(s):?  Per Curiam - White, Cavanagh, and Talbot
=09=09
=09=09The  trial court did not abuse its discretion in denying defendant=01=
,s  motion=20
to dismiss on the basis that she was denied a fair trial  due to the police=
=20
department=01,s bad faith failure to save the videotape  of her arrival at =
the=20
station where the alleged assault occurred.  The tapes were destroyed as pa=
rt=20
of the policy and procedure of  the police department and not purposefully =
to=20
destroy evidence for  a forthcoming trial. At the hearing on defendant=01,s=
=20
motion to dismiss  and at trial, both officers testified that the recycling=
=20
of tapes  was a matter of policy and procedure. Affirmed.
=09=09
=09=09Full  Text Opinion
=09=09
=09=09Back  to Quicklinks =20
=09=09
=09=09Issues:?  Denial of motion to suppress the evidence
=09=09Court:?  Michigan Court of Appeals (Unpublished)
=09=09Case  Name:? People v. Minge
=09=09e-Journal  Number: 10259
=09=09Judge(s):?  Per Curiam - White, Cavanagh, and Talbot
=09=09
=09=09Defendant=01,s  motion to suppress was properly denied because the po=
lice stop=20
of  her vehicle was justified where the evidence gave rise to more than  a=
=20
hunch that defendant was involved in criminal activity. Defendant  was=20
observed going into a house where police believed cocaine was  being sold, =
a=20
police officer saw another person approach the same  door and exchange mone=
y=20
for suspected cocaine with a man inside  the house, and defendant came out=
=20
the same door with a visible bulge  under her shirt. Based on the police=20
officer=01,s experience in narcotics  enforcement, he believed that defenda=
nt=20
was taking drugs from the  suspected drug house where he had just observed =
a=20
suspected drug  transaction. Affirmed.
=09=09
=09=09Full  Text Opinion
=09=09
=09=09Back  to Quicklinks =20
=09=09
=09=09Issues:  Ineffective assistance of counsel; Joint representation; MCR=
 =20
6.005(F); Alleged impermissible comment by prosecutor on defendant's =20
silence; Prosecutorial misconduct
=09=09Court:  Michigan Court of Appeals (Unpublished)
=09=09Case  Name: People v. Williams=20
=09=09e-Journal  Number: 10258
=09=09Judge(s):  Per Curiam - Markey, McDonald, and Kelly
=09=09
=09=09Defendant failed  to establish that he received ineffective assistanc=
e of=20
counsel.  Since defendant and his brother stated clearly on the record that=
 =20
they desired to proceed with the same attorney and did not believe  there=
=20
would be a conflict of interest, failed to identify an actual  conflict of=
=20
interest that adversely affected his lawyer's performance,  and both=20
defendants presented the identical defense. The trial court  raised the iss=
ue=20
and explained to defendants that each had a right  to his own attorney and=
=20
that using the same attorney gave rise to  the possibility of conflicting=
=20
defenses. Defendant personally made  an informed waiver of his right to hav=
e=20
separate counsel. This waiver  extinguished any error and precluded defenda=
nt=20
from raising the  issue on appeal. Affirmed.
=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 Negligence & Intentional Tort
=09=09
=09=09Issues:?  Defamation action by former employee; Whether claim was pre=
empted =20
by federal labor law; Sufficient evidence to sustain each element  of=20
defamation claim; Damages; Absolute privilege; Qualified privilege;  Jury=
=20
instructions regarding actual malice and reckless disregard;  Motion for=20
directed verdict or JNOV; Whether plaintiff=01,s counsel  argued facts not =
in=20
evidence
=09=09Court:?  Michigan Court of Appeals (Unpublished)
=09=09Case  Name:? Slawick v. Detroit Newspaper Agency
=09=09e-Journal  Number:? 10260
=09=09Judge(s):?  Per Curiam =01) Griffin, Jansen, and Gage
=09=09
=09=09Plaintiff-former  employee=01,s defamation claim was not preempted by=
 federal=20
labor law  because defendant used the CBA solely as a defense to the claim,=
 =20
contending that publication of the discharge letter to the union  president=
=20
was absolutely privileged. The letter of discharge accused  plaintiff of=20
throwing liquid substances on security personnel. Reviewing  the record, th=
e=20
court determined that the jury could have found  that defendant acted with=
=20
actual malice in disseminating the discharge  letter. There was evidence at=
=20
trial that the contents of the discharge  letter were made with reckless=20
disregard for the truth. The trial  court did not err in denying defendant=
=01,s=20
motion for a directed verdict  or JNOV. Evidence supported the jury=01,s aw=
ard=20
of $75,000 for noneconomic  damages, $25,000 for exemplary damages, and=20
$6,000 in economic damages.  Affirmed.
=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:?  Racial discrimination; Disparate treatment; Nondiscriminato=
ry =20
reasons for failing to interview plaintiff; Statistical racial composition =
=20
evidence=20
=09=09Court:?  Michigan Court of Appeals (Unpublished)
=09=09Case  Name:? Thakur v. Department of Corrections
=09=09e-Journal  Number:? 10266
=09=09Judge(s):?  Per Curiam =01) Gage, Cavanagh, and Wilder
=09=09
=09=09Plaintiff didn't  to present evidence refuting defendant=01,s nondisc=
riminatory=20
reasons  for failing to interview him. Defendants presented affidavits=20
explaining  that plaintiff was not interviewed for a position open to=20
doctors  of his rank because he did not at the relevant time appear on a =
=20
register of eligible civil service employees, and that he had been  removed=
=20
from the register after one year under a documented civil  service=20
regulation. Plaintiff did not substantiate that either defendant  secretly=
=20
removed his name from the register, and the affidavits  he presented from=
=20
other, prior litigants against defendants did  not refute defendants=01, re=
asons=20
in this case. While plaintiff argued  that the department=01,s statistical=
=20
racial composition showed disparate  impact against his protected group, he=
=20
did not connect any alleged  shortage of minority employees to a facially=
=20
neutral employment  practice, as required. Summary disposition for defendan=
ts=20
was affirmed. =20
=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 oo 19b(3)(e), (g), and=
  (j) at=20
the initial dispositional hearing
=09=09Court:?  Michigan Court of Appeals (Unpublished)
=09=09Case  Name:? In re Guy
=09=09e-Journal  Number:? 10270
=09=09Judge(s):?  Memorandum =01) McDonald, Smolenski, and Kelly
=09=09
=09=09The trial court  did not err in terminating respondent-father=01,s pa=
rental=20
rights at  the initial dispositional hearing. The petition contained a=20
proper  request for termination, and the family court found by a=20
preponderance  of the evidence that the child came under its jurisdiction.=
=20
The  family court also did not clearly err in finding by clear and=20
convincing  evidence that one or more of the facts alleged in the petition=
=20
were  true and justified termination of parental rights. Respondent had  a=
=20
lengthy criminal history, multiple incidents of domestic violence, =20
long-standing drug and alcohol abuse, long-term failure to parent  the chil=
d,=20
and failed to comply with the court ordered plan developed  as part of a=20
guardianship proceeding. Affirmed.
=09=09
=09=09Full  Text Opinion
=09=09
=09=09Back  to Quicklinks =20
=09=09
=09=09Issues:?  Termination of parental rights under oo 19b(3)(a)(ii), (g),=
 (i), =20
and (j); Best interests of the child
=09=09Court:?  Michigan Court of Appeals (Unpublished)
=09=09Case  Name:? In re Jones
=09=09e-Journal  Number: 10268
=09=09Judge(s):?  Per Curiam - White, Cavanagh, and Talbot
=09=09
=09=09Respondent-mother=01,s  parental rights to her minor child were prope=
rly=20
terminated because  the asserted statutory grounds for termination were=20
established  by clear and convincing evidence. Respondent=01,s parental rig=
hts=20
to  her three other children were previously terminated as a consequence  o=
f=20
her drug use and her failure to rehabilitate, and she continued  to use dru=
gs=20
during her pregnancy with the minor, causing the minor  to be born addicted=
=20
to crack cocaine. Respondent continued to abuse  drugs after the minor=01,s=
=20
birth, did not set forth a meaningful plan  to provide for the minor=01,s c=
are,=20
her housing arrangements were transient,  and she had not maintained=20
employment for a significant duration  of time. Affirmed.
=09=09
=09=09Full  Text Opinion
=09=09
=09=09Back  to Quicklinks =20
=09=09
=09=09Issues:  Termination of parental rights based on oo 19b3)(c)(i), (g),=
  (j),=20
and (k)(iii); Alleged bias of trial court; Jurisdiction over  minor child
=09=09Court:  Michigan Court of Appeals (Unpublished)
=09=09Case  Name: In re Pittao
=09=09e-Journal  Number: 10267
=09=09Judge(s):  Per Curiam - White, Cavanagh, and Talbot
=09=09
=09=09The family  court did not clearly err in finding that the statutory g=
rounds =20
for termination were established by clear and convincing evidence.  The=20
respondent-father's claim that during the proceedings, he was  essentially =
on=20
trial for the murder of his wife was unpersuasive.  The trial court=20
specifically indicated in its findings that it did  not consider respondent=
's=20
wife's murder. The trial court also indicated  in detail the factors on whi=
ch=20
it relied, including respondent's  failure to address his substance abuse a=
nd=20
domestic violence issues,  his lack of credibility, and his failure to comp=
ly=20
with the case  treatment plan. The evidence did not show that termination o=
f=20
respondent's  parental rights was clearly not in the child's best interests=
.=20
Affirmed.
=09=09
=09=09Full  Text Opinion
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Insurance=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:  Whether the loss payable clause in the insurance policy was =
 an=20
ordinary or a standard loss payable clause
=09=09Court:  Michigan Court of Appeals (Unpublished)
=09=09Case  Name: Van Reken v. Michigan Basic Property Ins. Ass'n
=09=09e-Journal  Number: 10255
=09=09Judge(s):  Per Curiam - Doctoroff, Cavanagh, and Meter
=09=09
=09=09The loss payable  clause covering plaintiffs-land contract vendors' i=
nterest=20
in the  property was clearly an ordinary loss payable clause, because it =
=20
provided for payment to the insured-land contract vendees and plaintiffs  "=
as=20
their interests may appear", without any additional  language providing tha=
t=20
plaintiffs would be protected from loss  based on any act or neglect of the=
=20
insured. Defendant issued an  insurance policy for the property, naming the=
=20
vendees as the insureds,  and plaintiffs were listed under a loss payable=
=20
clause. Accordingly,  plaintiffs' right of recovery was no greater than tha=
t=20
of the vendees.  Because the policy's theft and intentional act provisions=
=20
clearly  precluded the vendees from recovering, plaintiffs were also=20
precluded  from recovering. The trial court should have denied plaintiffs' =
=20
motion for summary disposition and granted defendant's motion for  summary=
=20
disposition. Reversed and remanded.
=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:?  Motion to strike supplemental witness list
=09=09Court:?  Michigan Court of Appeals (Unpublished)
=09=09Case  Name:? Moton v. Oakwood Healthcare, Inc.
=09=09e-Journal  Number:? 10263
=09=09Judge(s):?  Per Curiam =01) McDonald, Smolenski, and Kelly
=09=09
=09=09The trial court  did not abuse its discretion in granting plaintiffs=
=01, motion=20
to strike  defendant=01,s supplemental witness list. There was no evidence=
=20
indicating  a mutual agreement to postpone discovery, and while plaintiffs=
=01, =20
deposition was delayed, that did not explain defendant=01,s failure  to con=
duct=20
timely discovery from plaintiffs=01, treating physicians  and coworkers.=20
Defendant failed to adequately explain its delay  in obtaining the private=
=20
investigators=01, material. Defendant argued  that the trial court should h=
ave=20
accepted the supplemental witness  list because defendant explicitly reserv=
ed=20
the right to amend its  original list. However, the court held that allowin=
g=20
parties to  circumvent the rules by claiming a reservation of rights would=
=20
defeat  the purpose and authority of the court rules. Affirmed.
=09=09
=09=09Full  Text Opinion
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Municipal
=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 Real Property
=09=09
=09=09Issues:?  Zoning variance; Zoning Board of Appeals (ZBA); Interpretat=
ion of? =20
the applicable township ordinance and whether the ordinance prevented  the=
=20
building of a single-family residence on lot in question; Whether  the=20
circuit court properly analyzed the ZBA=01,s denial of a variance;  Self-cr=
eated=20
hardship; Taking
=09=09Court:?  Michigan Court of Appeals (Unpublished)
=09=09Case  Name:? Domine v. Township of Grosse Ile
=09=09e-Journal  Number: 10256
=09=09Judge(s):?  Per Curiam - Doctoroff, Cavanagh, and Meter
=09=09
=09=09The  circuit court erred in reversing the ZBA=01,s decision to deny a=
 variance =20
because competent, material, and substantial evidence supported  the ZBA=01=
,s=20
decision. Plaintiff=01,s property did not conform to the  zoning ordinance=
=20
because it failed to meet the lot size requirements.  While this was a=20
practical difficulty inherent in the property itself,  this practical=20
difficulty could have been avoided if plaintiff had  not decided to sell th=
e=20
second lot separately. Plaintiff, not the  zoning ordinance, could reasonab=
ly=20
be deemed to have caused the  practical difficulty. Consideration of the=20
effect of the requested  variance on others and on the character of the=20
subdivision was also  appropriate. Reversed and the decision of ZBA was=20
reinstated.
=09=09
=09=09Full  Text Opinion
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Negligence & Intentional Tort=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:  Whether plaintiff's claim was barred by the fireman's rule
=09=09Court:  Michigan Court of Appeals (Unpublished)
=09=09Case  Name: Berry v. John Carlo, Inc.
=09=09e-Journal  Number: 10264
=09=09Judge(s):  Per Curiam - McDonald, Smolenski, and Kelly
=09=09
=09=09The trial court  properly granted summary disposition to the=20
defendant-dredging contractor  because it was undisputed that defendant's a=
ct=20
of blocking the road  with dredged material took place prior to=20
plaintiff-police officer  beginning his park patrol activities. Plaintiff w=
as=20
injured as his  car hit a pile of dredged material left on the closed road =
by=20
defendant  and the car became airborne. Plaintiff claimed that defendant=20
acted  in a grossly negligent manner by placing the dredged material on  th=
e=20
road and by failing to place proper warning devices around the  material. T=
he=20
fireman's rule applied because the defendant's conduct  of which plaintiff=
=20
complained, occurred prior to the commencement  of plaintiff's patrol and=
=20
arrival on the road, and was not unrelated  to plaintiff's reason for being=
=20
at the location where the collision  occurred. The area where plaintiff was=
=20
injured was closed due to  defendant's activities and his duties included=
=20
checking the area  for trespassers. Affirmed.=20
=09=09
=09=09Full  Text Opinion
=09=09
=09=09Back  to Quicklinks =20
=09=09
=09=09Issues:?  Negligence; Intentional destruction of relevant evidence; S=
anctions
=09=09Court:?  Michigan Court of Appeals (Unpublished)
=09=09Case  Name:? Garrison v. Mount Clemens Gen. Hosp.=20
=09=09e-Journal  Number: 10262
=09=09Judge(s):?  Per Curiam - McDonald, Hood, and Smolenski
=09=09
=09=09The  trial court properly held that plaintiffs failed to present any =
=20
evidence to show that defendant-hospital was negligent or was responsible =
=20
for defendant-Reid=01,s conduct where plaintiff was injured outside  the=20
hospital when he was struck by Reid=01,s car, which rolled into  him while=
=20
unattended. The evidence showed that Reid left the car  without setting the=
=20
parking brake and the car rolled down the drive  and hit plaintiff. However=
,=20
the gearshift was found in neutral,  the key was not in the ignition, and=
=20
Reid had taken her keys inside  and given them to the desk nurse. Although=
=20
defense experts concluded  that the key had to be in the ignition for the c=
ar=20
to travel along  the path it took, there was no evidence supporting the=20
experts=01,  conjecture, plaintiff offered none, and the experts themselves=
=20
could  not explain how the key could have been in the ignition if it was =
=20
with the desk nurse. Affirmed.
=09=09
=09=09Full  Text Opinion
=09=09
=09=09Back  to Quicklinks =20
=09=09
=09=09Issues:  Premises liability; Open and obvious doctrine
=09=09Court:  Michigan Court of Appeals (Unpublished)
=09=09Case  Name: Girard v. Dearborn Cinemas
=09=09e-Journal  Number: 10261
=09=09Judge(s):  Per Curiam - McDonald, Smolenski, and Kelly
=09=09
=09=09Since plaintiff  admitted that he had specific knowledge of the ladde=
r's=20
defective  condition where the safety latches that extended the ladder had =
=20
been removed and in their place a piece of rope had been tied to  two rungs=
=20
and he knew that the ladder would retract if the rope  broke, the danger=20
presented by the ladder was open and obvious to  him. The trial court=20
properly granted summary disposition to both  defendants. Plaintiff worked =
as=20
a roofer for a company hired to  perform roofing work at defendant's=20
premises. While working there,  plaintiff and his coworkers used an extensi=
on=20
ladder left on defendant's  roof by an unknown party. Plaintiff and others=
=20
used the ladder for  several days without incident, however the rope broke=
=20
while plaintiff  was on it, the ladder retracted, and plaintiff fell and wa=
s=20
injured.  Affirmed.
=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:?  Defamation action by former employee; Whether claim was pre=
empted =20
by federal labor law; Sufficient evidence to sustain each element  of=20
defamation claim; Damages; Absolute privilege; Qualified privilege;  Jury=
=20
instructions regarding actual malice and reckless disregard;  Motion for=20
directed verdict or JNOV; Whether plaintiff=01,s counsel  argued facts not =
in=20
evidence
=09=09Court:?  Michigan Court of Appeals (Unpublished)
=09=09Case  Name:? Slawick v. Detroit Newspaper Agency
=09=09e-Journal  Number:? 10260
=09=09Judge(s):?  Per Curiam =01) Griffin, Jansen, and Gage
=09=09
=09=09Plaintiff-former  employee=01,s defamation claim was not preempted by=
 federal=20
labor law  because defendant used the CBA solely as a defense to the claim,=
 =20
contending that publication of the discharge letter to the union  president=
=20
was absolutely privileged. The letter of discharge accused  plaintiff of=20
throwing liquid substances on security personnel. Reviewing  the record, th=
e=20
court determined that the jury could have found  that defendant acted with=
=20
actual malice in disseminating the discharge  letter. There was evidence at=
=20
trial that the contents of the discharge  letter were made with reckless=20
disregard for the truth. The trial  court did not err in denying defendant=
=01,s=20
motion for a directed verdict  or JNOV. Evidence supported the jury=01,s aw=
ard=20
of $75,000 for noneconomic  damages, $25,000 for exemplary damages, and=20
$6,000 in economic damages.  Affirmed.
=09=09
=09=09Full  Text Opinion
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Real  Property=20
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Back  to Quicklinks
=09=09
=09=09This summary  also appears under Municipal
=09=09
=09=09Issues:?  Zoning variance; Zoning Board of Appeals (ZBA); Interpretat=
ion of? =20
the applicable township ordinance and whether the ordinance prevented  the=
=20
building of a single-family residence on lot in question; Whether  the=20
circuit court properly analyzed the ZBA=01,s denial of a variance;  Self-cr=
eated=20
hardship; Taking
=09=09Court:?  Michigan Court of Appeals (Unpublished)
=09=09Case  Name:? Domine v. Township of Grosse Ile
=09=09e-Journal  Number: 10256
=09=09Judge(s):?  Per Curiam - Doctoroff, Cavanagh, and Meter
=09=09
=09=09The  circuit court erred in reversing the ZBA=01,s decision to deny a=
 variance =20
because competent, material, and substantial evidence supported  the ZBA=01=
,s=20
decision. Plaintiff=01,s property did not conform to the  zoning ordinance=
=20
because it failed to meet the lot size requirements.  While this was a=20
practical difficulty inherent in the property itself,  this practical=20
difficulty could have been avoided if plaintiff had  not decided to sell th=
e=20
second lot separately. Plaintiff, not the  zoning ordinance, could reasonab=
ly=20
be deemed to have caused the  practical difficulty. Consideration of the=20
effect of the requested  variance on others and on the character of the=20
subdivision was also  appropriate. Reversed and the decision of ZBA was=20
reinstated.
=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
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=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
=09=09
=09=09
=09=09
=09=09
=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=
=20
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=
=20
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
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Insurance  Law
=09=09
=09=09
=09=09
=09=09
=09=09
=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
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Intellectual  Property Law
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=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
Visit www.intelprop.com. =20
=09=09
=09=09Back to Quicklinks =20
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=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
experience in employment law advice  and litigation. We can answer question=
s=20
about: handbooks, sexual  harassment, wrongful discharge, discrimination,=
=20
family medical leave,  collective bargaining, wage-hour issues or any other=
=20
employment  related matter under state or federal law. We work with you and=
 =20
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
=09=09Back to Quicklinks =20
=09=09
=09=09
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=09=09
=09=09
=09=09
=09=09Litigation
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=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
=09=09Back to Quicklinks =20
=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
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Medical  Malpractice
=09=09
=09=09
=09=09
=09=09
=09=09
=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
plaintiff's medical malpractice  mediator. I have 20 years experience in th=
e=20
review and development  of these cases, many trials to jury verdict, and ma=
ny=20
more settlements.  Over the years, upwards of 20% of my case inventory has=
=20
consisted  of meritorious cases initially rejected by others, including=20
"name  firms." Oftentimes these cases were subjected to incomplete  analysi=
s=20
because of the firm's lack of in-depth, medico-legal background.  Sometimes=
=20
medical sleuthing or a new perspective was required. Send  me your rejected=
=20
case for a "de novo" review. We also  welcome the referral of "new" cases.=
=20
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
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Real  Estate
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09BRAD B. ALDRICH, Law Offices of Brad B. Aldrich, PLLC, 645  Griswold,=
 Suite=20
3261, Detroit, MI 48226, Phone: (313) 965-9490,  FAX: (313) 965-9478, e-mai=
l=20
belmontald@aol.com.
=09=09
=09=09Back to Quicklinks =20
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Special  Education Law
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09LAW OFFICES  OF MARSHA LYNN TUCK with  20 years experience,=20
Martindale-Hubbell =0F"AV-rated,=0F" representing  students with and withou=
t=20
disabilities in suspension, expulsion,  integration, inclusion, and similar=
=20
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
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Tax  Litigation & Disputes
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09JOSEPH FALCONE  is  available to assist attorneys with Federal and St=
ate=20
Civil and Criminal  Tax Litigation and Dispute matters. Joseph Falcone, a=
=20
former IRS  Detroit District Counsel Trial Attorney, has handled thousands=
=20
of  tax matters and has 27 years experience working in the specialized  are=
a=20
of Tax Litigation and Disputes. If you require assistance with  a major tax=
=20
dispute, wish to refer a matter, or just need a few  minutes consultation=
=20
over the phone with your specific problem or  question, telephone or e-mail=
=20
us jf@lawyer.com.  Visit our website at www.lawyers.com/falconerolfe. =20
Falcone & Rolfe, P.C., 3000 Town Center, Suite 2370, Southfield,  MI 48075.=
=20
(248) 357 6610. Fax (248) 357-6613.
=09=09
=09=09Back to Quicklinks =20
=09=09
=09=09
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=09=09
=09=09
=09=09
=09=09
=09=09Transportation  Law
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=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
=09=09
=09=09
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=09=09
=09=09
=09=09Worker's  Compensation
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=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,=
=20
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
=09=09Back to Quicklinks =20
=09=09
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=09=09
=09=09
=09=09classified  advertising
=09=09
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=09=09
=09=09
=09=09Confidential  Records Destruction
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09SHRED-IT.  Confidentiality, Privacy and Document Security are vital i=
n=20
today's  environment. SHRED-IT provides solutions for secure destruction  o=
f=20
confidential, sensitive and proprietary information, utilizing  a unique,=
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mobile, ON-SITE document destruction system. Call 1-800-69-SHRED  or=20
1-800-697-4733. E-mail  Eastern Michigan; e-mail  Out state Michigan or vis=
it=20
 our website
=09=09
=09=09Back to Quicklinks =20
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Expert  Witness=0F-Building
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09EXPERT WITNESS  services  for construction issues. Our cases include =
issues=20
of faulty construction,  failure to disclose, personal injury and ADA. Mr.=
=20
Tyson is a member  of many model code organizations including BOCA, ICBO,=
=20
NFPA and  ASTM. Our attorney clients represent plaintiffs and defendants. =
=20
Rendering independent and unbiased opinions. Ortonville, MI. Phone  (248)=
=20
627-6859.
=09=09
=09=09Back to Quicklinks =20
=09=09
=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
Contact Jack W. Belkin  member BOCA, ASHI, Bldg. Spec. Inc. licensed builde=
r=20
and real estate  broker. (248) 443-4063, cell (248) 867-5042 and fax (248)=
=20
443-4065,  e-mail jwbelkin@mich.com   =20
=09=09
=09=09Back to Quicklinks =20
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=09=09
=09=09Expert  Witness=0F-Economics Consulting
=09=09
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=09=09
=09=09
=09=09
=09=09
=09=09ECONOMIC LOSS CALCULATION and litigation support in personal  injury,=
=20
wrongful death and wrongful discharge cases. Over 25 years  experience=20
including Chief Economist for the Michigan Department  of Commerce. John F.=
=20
Hanieski, Ph.D., Economics Consulting Services,  LLC, 8583 W. Eaton Hwy.,=
=20
Grand Ledge, MI 48837. (517) 627-6968.  E-mail: hanieski.john@acd.net =20
website: http://userdata.acd.net/hanieski.john
=09=09
=09=09Back to Quicklinks =20
=09=09
=09=09
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=09=09
=09=09Expert  Witness=0F-Forensic & Environmental Geologist
=09=09
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=09=09
=09=09FORENSIC  and ENVIRONMENTAL GEOLOGIST=01*Certified Professional Geolo=
gist;  29=20
years investigating soil and water issues for government and  private=20
sectors; deposition and trial experience applicable to cases  involving=20
insurance claims, construction accidents, environmental  contamination,=20
wetlands, property transactions, malpractice, murder,  rape, etc. For more=
=20
information, contact Robert A. Hayes, (517)  655-8348, or=20
www.geoforensics.com
=09=09
=09=09Back to Quicklinks =20
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Expert  Witness=0F-Legal Malpractice
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09LEGAL MALPRACTICE=0F-EXPERT  EVALUATION, pre-  and post-litigation an=
alysis,=20
written opinions, deposition and trial  testimony in plaintiff originated o=
r=20
defendant defended legal malpractice  cases that involve Real Estate and=20
Commercial Transactions and Civil  Litigation. 18 years' experience as lega=
l=20
malpractice expert. Asher  N. Tilchin, Tilchin, Hall & Reynolds P.C., 31731=
=20
Northwestern  Hwy., Suite 106, Farmington Hills, MI 48334. (248) 855-0995,=
=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=09Lawsuit  Financials
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09DO MONEY  PROBLEMS caused  by disability force some of your clients t=
o settle=20
strong, valuable  cases for pennies on the dollar? A Lawsuit Financial,=20
L.L.C. contingent  advance allows you time to obtain the maximum dollar=20
possible for  your client's case. Lawsuit Financial, L.L.C., 29777 Telegrap=
h=20
Road,  Suite 1310, Southfield, MI 48034. Call (248) 948-1800 or (877)=20
377-SUIT.
=09=09
=09=09Back to Quicklinks =20
=09=09
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=09=09
=09=09Legal  Research
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=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,=
 =20
confirm driving records, find addresses, UCC and incorporation filings,  re=
al=20
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=20
800-935-OPEN (6736), email info@openonline.com,  or visit www.openonline.co=
m
=09=09
=09=09Back to Quicklinks =20
=09=09
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=09=09
=09=09
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=09=09
=09=09Office  Space Available
=09=09
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=09=09
=09=09
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=09=09
=09=09SOUTHFIELD  LAW OFFICE FOR RENT=0F-Reception, conference, kitchen, ph=
otocopier, =20
fax, file room; secretary to share. Central location near all major =20
expressways for quick access for clientele and courts in the tri-county =20
area. Attractive and professional. Call Sandra Maison at (248) 355-9400.  =
=20
Ddelong@thompsonmorello.com
=09=09
=09=09Back to Quicklinks =20
=09=09
=09=09
=09=09
=09=09
=09=09
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=09=09
=09=09Positions  Available
=09=09
=09=09
=09=09
=09=09
=09=09
=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=
=20
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=
=20
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=09EXECUTIVE DIRECTOR=0F-The  Grand Rapids Bar Association is soliciting=
=20
applications for the position  of Executive Director. The GRBA is a volunta=
ry=20
local bar with 1,500  members, a full-time staff of 7, one-half-time positi=
on=20
and 8 part-time  volunteers. The Executive Director is the chief operating=
=20
officer.  The GRBA includes a Lawyer Referral Service, which will become th=
e =20
centerpiece for a new Legal Assistance Center in September 2001. The  GRBA=
=20
has a combined operating budget of $850,000. The Executive Director  also=
=20
oversees, with a committee and the board, the Grand Rapids Bar  Foundation=
=20
with assets of $1 million. The Executive Director is responsible  to a=20
seventeen member Board in accord with policies and procedures  adopted by t=
he=20
Board. The successful candidate will be a seasoned  executive with a=20
demonstrated record of achieving positive results,  including experience in=
=20
the area of fund development. The Executive  Director will exhibit a high=
=20
level of integrity with superior management,  organizational, budgeting,=20
personnel, and interpersonal communication  skills. The GRBA offers a=20
competitive salary and benefits package.  Applicants are encouraged to subm=
it=20
a letter of interest, current  resume, references, and salary requirements =
to=20
Executive Director  Search Committee, c/o Sherrie Parmelee, Smith, Haughey,=
=20
Rice &  Roegge, Calder Plaza Bldg., 250 Monroe NW, Grand Rapids, MI 49503, =
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(616) 458-2385, sparmlee@shrr.com  The Grand Rapids Bar Association is an=
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Equal Opportunity Employer.   =20
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=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
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=09=09
=09=09PART-TIME  LAWYER FOR HARLEY-DAVIDSON MICHIGAN, INC.=01*Lawyer needed=
 (15  - 20=20
hrs/wk) at busy domestic and international Fortune 500 corporate  trademark=
=20
law practice in Ann Arbor, Michigan. Strong analytical and  writing skills=
=20
and excellent attention to detail are required. This  is a year-round=20
position. Please do not apply unless you have an interest  in practicing=20
trademark law. No telephone calls, please. Send your  resume to: Ann Jackso=
n,=20
Harley-Davidson Michigan, Inc., 315 W. Huron  Street, Suite 400, Ann Arbor,=
=20
Michigan 48103. =20
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=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.=
=20
Review all advertising  for compliance with FTC regulations, trademark usag=
e=20
and adherence  to corporate policies. Defend employment related legal actio=
ns=20
and  review and advise on hiring practices and procedures. Minimum=20
qualifications  are seven years experience from a law firm and/or a major=
=20
corporation  with relevant practice experience. Plus strong background with=
=20
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
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=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
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matters, referrals, or local counsel, litigation and estates. Contact  Mark=
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M. Berkley, 385-C West 49th Street, Hialeah (Miami) Florida  33012, telepho=
ne=20
305.556.2626. Member of the State Bar of Michigan  for 25 years and the=20
Florida Bar for 14 years.
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ck leave=20
or disability? Do you need legal briefs, motions  or complaints filed today=
?=20
I CAN HELP!!! Visit my web page at www.gnrtyping.com  for more information.=
=20
Fast and dependable. SPEEDY FINGERS AT YOUR  SERVICE!
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