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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
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=09=09
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=09=09
=09=09
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=09=09
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=09=09
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=09=09
=09=09
=09=09
=09=09case  summaries =20
=09=09
=09=09
=09=09
=09=09Bankruptcy
=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 debt was nondischargeable pursuant to o 523(a)(4); W=
hether =20
a state court magistrate's decision was a final judgment entitled  to=20
preclusive effect; Whether the bankruptcy court's findings were  sufficient=
=20
to support the conclusion that the debt was nondischargeable
=09=09Court:  Bankruptcy Appellate Panel Sixth Circuit
=09=09Case  Name: In re Thompson
=09=09e-Journal  Number: 10248
=09=09Judge(s):  Howard, Brown, and Morgenstern-Clarren
=09=09
=09=09The bankruptcy  court erred in giving preclusive effect to the state =
court=20
magistrate's  decision in the dischargeability proceeding because there was=
=20
no  final, appealable state court judgment entered in the record, which  wa=
s=20
entitled to preclusive effect, and which could serve as a basis  for the=20
bankruptcy court's decision as to the amount and nature  of the debt. The=
=20
bankruptcy court's findings of fact were insufficient  to support the=20
conclusion that the debt was nondischargeable pursuant  to o 523(a)(4)=20
because the debtor's conversion amounted to "embezzlement".  The bankruptcy=
=20
court's only independent finding from its trial of  the matter did not=20
address all the elements necessary to establish  nondischargeability for=20
embezzlement. Reversed and remanded.
=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 Municipal
=09=09
=09=09Issues:  Special use permit allowing property owner to operate a busi=
ness  in=20
a residential neighborhood; Alleged violations of federal procedural  and=
=20
substantive due process rights resulting from issuance of special  use perm=
it
=09=09Court:  U.S. Court of Appeals Sixth Circuit
=09=09Case  Name: Brody v. City of Mason
=09=09e-Journal  Number: 10245
=09=09Judge(s):  Cohn, Boggs, and Moore
=09=09
=09=09Since the plaintiffs  were allowed to participate in the special use =
permit=20
decision process  and the defendant-city sufficiently considered evidence a=
nd=20
facts  pertaining to the surrounding land before approving the permit and =
=20
allowing the parking lot to be paved, the district court did not  err in=20
finding that plaintiffs' procedural and substantive due process  rights wer=
e=20
not violated. The city granted defendant-McCalla a special  use permit=20
allowing her to operate a beauty salon in a residential  neighborhood and t=
o=20
pave the rear yard for parking. Plaintiffs were  neighboring property owner=
s=20
claiming to have suffered damage caused  by water runoff from the parking=
=20
lot. The court concluded that plaintiffs'  argument that they were denied=
=20
procedural due process via a meaningful  hearing was unpersuasive and that=
=20
they failed to demonstrate that  any actions by the city planning commissio=
n,=20
the zoning board of  appeals, or the zoning administrator was the result of=
=20
favoritism  or special treatment. Affirmed.
=09=09
=09=09Full  Text Opinion
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Construction  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:  General rule regarding the liability of property owner and g=
eneral =20
contractor for injuries to independent subcontractor's employees;  Three=20
exceptions to the general rule; Premises liability
=09=09Court:  Michigan Court of Appeals (Unpublished)
=09=09Case  Name: Nagy v. Consumers Power Co.
=09=09e-Journal  Number: 10222
=09=09Judge(s):  Per Curiam - Whitbeck, McDonald, and Collins
=09=09
=09=09The trial court  erred in finding that a question of fact existed whe=
ther an=20
exception  applied to the general rule that neither a general contractor no=
r =20
a landowner is liable in negligence for injuries to an independent =20
subcontractor's employees. Two construction workers were killed  and one=20
injured in a construction site accident where plaintiffs  inexplicably=20
decided to push their scaffold directly toward overhead  power lines. The=
=20
court examined the three exceptions to the general  rule, determined that=
=20
none of the three exceptions applied, concluded  that the trial court=20
incorrectly found that a question of fact concerning  the issue of liabilit=
y=20
was sufficiently raised by the pleadings,  and held that neither=20
defendant-Venchurs nor defendant-Gocon were  liable in negligence for=20
plaintiffs' injuries. Reversed in part,  affirmed in part, and remanded for=
=20
entry of an order granting defendants  summary disposition.
=09=09
=09=09Full  Text Opinion
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Contracts
=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 Municipal
=09=09
=09=09Issues:  Garbage collection and disposal service provided to resident=
ial =20
units in township under contract between township and waste management =20
company; Breach of contract claim by owner and operator of a mobile  home=
=20
parks located in township; Third party beneficiary status;  Equal protectio=
n;=20
Due process; Rational basis test
=09=09Court:  Michigan Court of Appeals (Unpublished)
=09=09Case  Name: American Presidential Estates, Inc. v. Van Buren Twp.
=09=09e-Journal  Number: 10223
=09=09Judge(s):  Per Curiam =01) McDonald, Neff, and Fitzgerald
=09=09
=09=09While the trial  court properly concluded that an agreement between=
=20
defendant-township  and defendant-waste management company entitled mobile=
=20
homes in  plaintiff=01,s parks to free garbage collection, plaintiff-mobile=
=20
home  park owner and operator had no right to enforce the contract. The =20
trial court erred in concluding that plaintiff was a third-party  beneficia=
ry=20
of the agreement and awarding it damages on a breach  of contract theory. T=
he=20
agreement contained an express promise to  act for the benefit of the=20
particular class of persons who owned  and occupied private residences with=
in=20
the township. Plaintiff was  not an individual resident or owner of private=
=20
property within the  township, and the fact that it would indirectly and=20
incidentally  derive benefits from its residents receiving free garbage=20
collection  services was insufficient to provide it third-party beneficiary=
 =20
status. Reversed.=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:  Consideration of plaintiffs=01, parol evidence of pre-employ=
ment=20
discussions  concerning the nature of their employment relationship with=20
defendants;  Breach of contract; At-will employment; Just-cause employment;=
=20
Fraud  or misrepresentation; Fraud in the inducement
=09=09Court:  Michigan Court of Appeals (Unpublished)
=09=09Case  Name: Eby v. A & M Custom Built Homes, Inc.
=09=09e-Journal  Number: 10230
=09=09Judge(s):  Per Curiam - Bandstra, Griffin, and Collins
=09=09
=09=09Although the  trial court erred by failing to consider plaintiffs-emp=
loyees=01,=20
parol  evidence of pre-employment discussions in support of their position =
=20
that the employment relationship was not simply an at-will arrangement,  th=
e=20
court affirmed summary disposition in favor of defendants-employers  with=
=20
respect to plaintiffs=01, breach of contract claim. The court  held that th=
e=20
error was harmless because, even if plaintiffs=01, proffered  parol evidenc=
e was=20
considered, it failed to establish whether plaintiffs=01,  employment=20
relationship with defendants properly could be considered  other than=20
at-will. The letter agreement failed to contain any language  that would=20
cause a reasonable person to believe that the employment  relationship was=
=20
terminable only for just cause. Plaintiffs did  not allege any specific ora=
l=20
assertions made by defendants that  would constitute the required "clear an=
d=20
unequivocal"  language to overcome the presumption of employment at-will. =
=20
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:  Whether the presiding judge abused her discretion in orderin=
g a =20
competency hearing when defendant appeared before her on the date  set for=
=20
his trial; Whether defendant was denied a fair trial because  of negative a=
nd=20
hostile remarks made by trial court during jury  voir dire; Denial of motio=
n=20
for a continuance to secure an  independent examination on the issue of=20
criminal responsibility;  Ineffective assistance of counsel; Due process
=09=09Court:  Michigan Court of Appeals (Unpublished)
=09=09Case  Name: People v. Washington
=09=09e-Journal  Number: 10221
=09=09Judge(s):  Per Curiam =01) Bandstra, Wilder, and Collins
=09=09
=09=09The presiding  judge did not abuse her discretion in ordering a compe=
tency=20
hearing  when defendant appeared before her on the date set for his trial. =
=20
The presiding judge took testimony from the examining psychologist,  and=20
defense counsel was allowed the opportunity to cross-examine  the witness.=
=20
The psychologist, who had interviewed defendant, opined  that defendant was=
=20
able to articulate what was occurring in the  court proceedings and assist=
=20
his attorney with his defense. Since  defense counsel did not move in writi=
ng=20
for another competency hearing  and there was no evidence presented that th=
e=20
earlier determination  that defendant was competent to stand trial was no=
=20
longer valid,  the question of defendant's competence was within the=20
discretion  of the presiding judge. Affirmed.
=09=09
=09=09Full  Text Opinion
=09=09
=09=09Back  to Quicklinks =20
=09=09
=09=09Issues:  Unanimous verdict; Failure to instruct jury on name of the=
=20
complainant  and date of offense; Ineffective assistance of counsel
=09=09Court:  Michigan Court of Appeals (Unpublished)
=09=09Case  Name: People v. Wicker
=09=09e-Journal  Number: 10242
=09=09Judge(s):  Memorandum =01) Holbrook, Jr., Hood, and Griffin
=09=09
=09=09Defendant=01,s  claim that the trial court erred in failing to instru=
ct the=20
jury  regarding the name of the complainant and the date of the offense, =
=20
thereby depriving him of the right to a unanimous verdict, was without =20
merit. The general unanimity instruction was sufficient where there  was no=
=20
juror confusion. The trial testimony by witness-Mason established  that he=
=20
was not an intended victim, and the prosecutor emphasized  throughout his=
=20
closing argument that the victim was another man.  Defendant did not take=
=20
issue at trial with the date of the offense,  and in fact presented an alib=
i=20
for the date alleged by the prosecution.  Defendant=01,s convictions were=
=20
affirmed.=20
=09=09
=09=09Full  Text Opinion
=09=09
=09=09Back  to Quicklinks =20
=09=09
=09=09Issues:  The Hyde Amendment authorizing reasonable attorney fees and =
=20
litigation expenses to a prevailing party in a criminal case; Standard  of=
=20
review for Hyde Amendment applications; Prosecution outside applicable =20
statute of limitations; Insufficient evidence; Government=01,s trial  tacti=
cs;=20
Defendant=01,s failure to comply with the Equal Access to  Justice Act=20
=09=09Court:  U.S. Court of Appeals Sixth Circuit
=09=09Case  Name: United States v. True
=09=09e-Journal  Number: 10247
=09=09Judge(s):  Suhrheinrich, Guy, and Boggs
=09=09
=09=09Reviewing the  district court=01,s denial of defendant-True=01,s Hyde=
 Amendment=20
application  under an abuse of discretion standard, the court affirmed=20
because  True failed to meet his burden of establishing that the government=
=01,
s  prosecution of him on price-fixing conspiracy charges was vexatious  or =
in=20
bad faith. Despite conflicting testimony at trial, there were  sufficient=
=20
facts to give the government probable cause to prosecute  True and therefor=
e,=20
it could not be said that the government vexatiously  prosecuted him. True=
=20
also failed to show that the government consciously  pursued the action out=
=20
of ill will towards him so that it could  be said that the government acted=
=20
in bad faith. While the court  had some concerns about the government=01,s =
delay=20
in indicting True,  there was evidence to support the government=01,s posit=
ion=20
that the  conspiracy extended into late 1992 and even into 1993.=20
=09=09
=09=09Full  Text Opinion
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Employment  & Labor Law
=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 Contracts
=09=09
=09=09Issues:  Consideration of plaintiffs=01, parol evidence of pre-employ=
ment=20
discussions  concerning the nature of their employment relationship with=20
defendants;  Breach of contract; At-will employment; Just-cause employment;=
=20
Fraud  or misrepresentation; Fraud in the inducement
=09=09Court:  Michigan Court of Appeals (Unpublished)
=09=09Case  Name: Eby v. A & M Custom Built Homes, Inc.
=09=09e-Journal  Number: 10230
=09=09Judge(s):  Per Curiam - Bandstra, Griffin, and Collins
=09=09
=09=09Although the  trial court erred by failing to consider plaintiffs-emp=
loyees=01,=20
parol  evidence of pre-employment discussions in support of their position =
=20
that the employment relationship was not simply an at-will arrangement,  th=
e=20
court affirmed summary disposition in favor of defendants-employers  with=
=20
respect to plaintiffs=01, breach of contract claim. The court  held that th=
e=20
error was harmless because, even if plaintiffs=01, proffered  parol evidenc=
e was=20
considered, it failed to establish whether plaintiffs=01,  employment=20
relationship with defendants properly could be considered  other than=20
at-will. The letter agreement failed to contain any language  that would=20
cause a reasonable person to believe that the employment  relationship was=
=20
terminable only for just cause. Plaintiffs did  not allege any specific ora=
l=20
assertions made by defendants that  would constitute the required "clear an=
d=20
unequivocal"  language to overcome the presumption of employment at-will. =
=20
Affirmed.
=09=09
=09=09Full  Text Opinion
=09=09
=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=09Back  to Quicklinks
=09=09
=09=09Issues:  Termination of parental rights; Whether failure to secure=20
respondent-mother=01,s  presence at the termination hearing deprived her of=
 due=20
process  of law
=09=09Court:  Michigan Court of Appeals (Unpublished)
=09=09Case  Name: In re K.R.J.
=09=09e-Journal  Number: 10236
=09=09Judge(s):  Per Curiam - Griffin, Neff, and White
=09=09
=09=09The family  court erred by terminating respondent-mother=01,s parenta=
l rights=20
based  on the failure of either parent to appear at the termination hearing=
 =20
because the failure to secure the respondent=01,s presence at the terminati=
on =20
hearing deprived her of due process of law. Respondent=01,s parental  liber=
ty=20
interest in her child at the final stage of the termination  proceedings wa=
s=20
a compelling one. The government=01,s interest in avoiding  the burden that=
 the=20
additional or substitute procedures would carry  likewise clearly weighed i=
n=20
respondent=01,s favor. Respondent was incarcerated  locally, therefore the=
=20
burden on the state to secure her presence  would have been minimal. The=20
incremental risk of an erroneous deprivation  of respondent=01,s parental r=
ights=20
in the absence of the procedure  demanded, tipped the scale in her favor.=
=20
Reversed and remanded.
=09=09
=09=09Full  Text Opinion
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Litigation
=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:  Trespass and invasion of privacy; Discovery (MCR 2.302(B)(1)=
); =20
Privileged communications pursuant to the Private Detective License  Act;=
=20
Denial of request for protective order; Ravary v. Reed
=09=09Court:  Michigan Court of Appeals (Unpublished)
=09=09Case  Name: Tezak v. Huntington Research Assocs., LTD.
=09=09e-Journal  Number: 10225
=09=09Judge(s):  Per Curiam - Doctoroff, Cavanagh, and Meter
=09=09
=09=09The trial court  abused its discretion by denying defendant's motion =
for a=20
protective  order in total and by ordering compliance with all of=20
plaintiff's  discovery requests. A statutory private investigator-client=20
privilege  exists and was examined by the court in Ravary, a published =20
opinion, where the court held that any communication by a client  to a=20
licensee and any information secured in connection with an  assignment for =
a=20
client is privileged. The trial court was bound  to follow both the statute=
=20
and Ravary. The applicable court  rule provides that parties may obtain=20
discovery regarding any matter,  not privileged, which is relevant to the=
=20
subject matter involved  in the pending action. Accordingly, the trial cour=
t=20
should have  determined which discovery requests were covered by the privat=
e =20
detective-client privilege and exempted those from discovery. Reversed  and=
=20
remanded.
=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 Contracts
=09=09
=09=09Issues:  Garbage collection and disposal service provided to resident=
ial =20
units in township under contract between township and waste management =20
company; Breach of contract claim by owner and operator of a mobile  home=
=20
parks located in township; Third party beneficiary status;  Equal protectio=
n;=20
Due process; Rational basis test
=09=09Court:  Michigan Court of Appeals (Unpublished)
=09=09Case  Name: American Presidential Estates, Inc. v. Van Buren Twp.
=09=09e-Journal  Number: 10223
=09=09Judge(s):  Per Curiam =01) McDonald, Neff, and Fitzgerald
=09=09
=09=09While the trial  court properly concluded that an agreement between=
=20
defendant-township  and defendant-waste management company entitled mobile=
=20
homes in  plaintiff=01,s parks to free garbage collection, plaintiff-mobile=
=20
home  park owner and operator had no right to enforce the contract. The =20
trial court erred in concluding that plaintiff was a third-party  beneficia=
ry=20
of the agreement and awarding it damages on a breach  of contract theory. T=
he=20
agreement contained an express promise to  act for the benefit of the=20
particular class of persons who owned  and occupied private residences with=
in=20
the township. Plaintiff was  not an individual resident or owner of private=
=20
property within the  township, and the fact that it would indirectly and=20
incidentally  derive benefits from its residents receiving free garbage=20
collection  services was insufficient to provide it third-party beneficiary=
 =20
status. Reversed.=20
=09=09
=09=09Full  Text Opinion
=09=09
=09=09Back  to Quicklinks =20
=09=09
=09=09This summary  also appears under Constitutional Law
=09=09
=09=09Issues:  Special use permit allowing property owner to operate a busi=
ness  in=20
a residential neighborhood; Alleged violations of federal procedural  and=
=20
substantive due process rights resulting from issuance of special  use perm=
it
=09=09Court:  U.S. Court of Appeals Sixth Circuit
=09=09Case  Name: Brody v. City of Mason
=09=09e-Journal  Number: 10245
=09=09Judge(s):  Cohn, Boggs, and Moore
=09=09
=09=09Since the plaintiffs  were allowed to participate in the special use =
permit=20
decision process  and the defendant-city sufficiently considered evidence a=
nd=20
facts  pertaining to the surrounding land before approving the permit and =
=20
allowing the parking lot to be paved, the district court did not  err in=20
finding that plaintiffs' procedural and substantive due process  rights wer=
e=20
not violated. The city granted defendant-McCalla a special  use permit=20
allowing her to operate a beauty salon in a residential  neighborhood and t=
o=20
pave the rear yard for parking. Plaintiffs were  neighboring property owner=
s=20
claiming to have suffered damage caused  by water runoff from the parking=
=20
lot. The court concluded that plaintiffs'  argument that they were denied=
=20
procedural due process via a meaningful  hearing was unpersuasive and that=
=20
they failed to demonstrate that  any actions by the city planning commissio=
n,=20
the zoning board of  appeals, or the zoning administrator was the result of=
=20
favoritism  or special treatment. Affirmed.
=09=09
=09=09Full  Text Opinion
=09=09
=09=09Back  to Quicklinks =20
=09=09
=09=09This summary also appears under Negligence & Intentional Tort =20
=09=09
=09=09Issues: Whether the police chief was entitled to governmental  immuni=
ty=20
because his executive authority included his duties as  chief and his=20
ordinary duties as an officer; Denial of motion for  reconsideration on the=
=20
sufficiency of evidence that all defendants  were grossly negligent; Whethe=
r=20
there is a tort of "assault and  battery by gross negligence"; Denial of=20
motion to "correct" complaint =20
=09=09Court: Michigan Court of Appeals (Unpublished)=20
=09=09Case Name: Lewkowicz v. Poe=20
=09=09e-Journal Number: 10228=20
=09=09Judge(s): Per Curiam - Zahra, Smolenski, and Gage=20
=09=09
=09=09Since the defendant-police chief's "executive authority" included  hi=
s duties=20
as a high ranking executive, as well as his duties as  a police officer, an=
d=20
he was directed by the mayor to attend the  city council meeting in his=20
official capacity, the trial court correctly  determined that the police=20
chief was entitled to absolute immunity  from tort liability. Plaintiff=20
alleged that since the chief was  acting as an ordinary police officer and=
=20
not in his executive capacity  as chief of police, when he arrested plainti=
ff=20
for disrupting a  cable TV control room during a city council meeting, the=
=20
chief was  not entitled to absolute immunity under the relevant statute. Th=
e =20
chief acted within the authority granted him by law as a police  officer wh=
en=20
he arrested and detained plaintiff, and was entitled  to absolute immunity=
=20
under the statute by virtue of his status as  the highest law enforcement=
=20
official for the city. Summary disposition  in favor of defendants was=20
affirmed.=20
=09=09
=09=09Full  Text Opinion=20
=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=09Issues:  Prima facie case of negligence; Duty owed by a power  compan=
y to its=20
customers; Causation; Directed verdict; Res ipsa  loquitor; Doctrine of=20
spoliation; SJI2d 6.01
=09=09Court:  Michigan Court of Appeals (Unpublished)
=09=09Case  Name: Citizens Ins. Co. v. Detroit Edison
=09=09e-Journal  Number: 10226
=09=09Judge(s):  Per Curiam =01) Bandstra, Wilder, and Collins
=09=09
=09=09Plaintiffs-homeowners  and their insurer failed to establish a prima =
facie=20
case  of negligence against defendant-power company in connection with  a=
=20
fire that occurred at the homeowners=01, home after defendant=01,s power  l=
ines=20
fell. Plaintiffs did not produce evidence from which a jury  could infer th=
at=20
defendant breached its duty of reasonable care  with regard to the lines th=
at=20
plaintiffs alleged caused the fire.  Plaintiffs failed to offer evidence to=
=20
establish what constitutes  reasonable maintenance of electrical lines, and=
=20
presented no evidence  regarding when defendant last inspected or serviced=
=20
the lines in  question. While two experts opined that the electrical line=
=20
must  have fallen due to a lack of preventive maintenance, there was no =20
evidence of defendant=01,s conduct in that regard, and trial testimony  pro=
vided=20
alternative theories on the causation issue. Directed verdict  for Detroit=
=20
Edison was appropriate. Affirmed.
=09=09
=09=09Full  Text Opinion
=09=09
=09=09Back  to Quicklinks =20
=09=09
=09=09This summary also appears under Municipal
=09=09
=09=09Issues:  Whether the police chief was entitled to governmental immuni=
ty =20
because his executive authority included his duties as chief and  his=20
ordinary duties as an officer; Denial of motion for reconsideration  on the=
=20
sufficiency of evidence that all defendants were grossly  negligent; Whethe=
r=20
there is a tort of "assault and battery by gross  negligence"; Denial of=20
motion to "correct" complaint
=09=09Court:  Michigan Court of Appeals (Unpublished)
=09=09Case  Name: Lewkowicz v. Poe
=09=09e-Journal  Number: 10228
=09=09Judge(s):  Per Curiam - Zahra, Smolenski, and Gage
=09=09
=09=09Since the defendant-police  chief's "executive authority" included hi=
s duties=20
as a high ranking  executive, as well as his duties as a police officer, an=
d=20
he was  directed by the mayor to attend the city council meeting in his =20
official capacity, the trial court correctly determined that the  police=20
chief was entitled to absolute immunity from tort liability.  Plaintiff=20
alleged that since the chief was acting as an ordinary  police officer and=
=20
not in his executive capacity as chief of police,  when he arrested plainti=
ff=20
for disrupting a cable TV control room  during a city council meeting, the=
=20
chief was not entitled to absolute  immunity under the relevant statute. Th=
e=20
chief acted within the  authority granted him by law as a police officer wh=
en=20
he arrested  and detained plaintiff, and was entitled to absolute immunity=
=20
under  the statute by virtue of his status as the highest law enforcement =
=20
official for the city. Summary disposition in favor of defendants  was=20
affirmed.
=09=09
=09=09Full  Text Opinion
=09=09
=09=09Back  to Quicklinks =20
=09=09
=09=09This summary  also appears under Construction Law
=09=09
=09=09Issues:  General rule regarding the liability of property owner and g=
eneral =20
contractor for injuries to independent subcontractor's employees;  Three=20
exceptions to the general rule; Premises liability
=09=09Court:  Michigan Court of Appeals (Unpublished)
=09=09Case  Name: Nagy v. Consumers Power Co.
=09=09e-Journal  Number: 10222
=09=09Judge(s):  Per Curiam - Whitbeck, McDonald, and Collins
=09=09
=09=09The trial court  erred in finding that a question of fact existed whe=
ther an=20
exception  applied to the general rule that neither a general contractor no=
r =20
a landowner is liable in negligence for injuries to an independent =20
subcontractor's employees. Two construction workers were killed  and one=20
injured in a construction site accident where plaintiffs  inexplicably=20
decided to push their scaffold directly toward overhead  power lines. The=
=20
court examined the three exceptions to the general  rule, determined that=
=20
none of the three exceptions applied, concluded  that the trial court=20
incorrectly found that a question of fact concerning  the issue of liabilit=
y=20
was sufficiently raised by the pleadings,  and held that neither=20
defendant-Venchurs nor defendant-Gocon were  liable in negligence for=20
plaintiffs' injuries. Reversed in part,  affirmed in part, and remanded for=
=20
entry of an order granting defendants  summary disposition.
=09=09
=09=09Full  Text Opinion
=09=09
=09=09Back  to Quicklinks =20
=09=09
=09=09This summary  also appears under Litigation
=09=09
=09=09Issues:  Trespass and invasion of privacy; Discovery (MCR 2.302(B)(1)=
); =20
Privileged communications pursuant to the Private Detective License  Act;=
=20
Denial of request for protective order; Ravary v. Reed
=09=09Court:  Michigan Court of Appeals (Unpublished)
=09=09Case  Name: Tezak v. Huntington Research Assocs., LTD.
=09=09e-Journal  Number: 10225
=09=09Judge(s):  Per Curiam - Doctoroff, Cavanagh, and Meter
=09=09
=09=09The trial court  abused its discretion by denying defendant's motion =
for a=20
protective  order in total and by ordering compliance with all of=20
plaintiff's  discovery requests. A statutory private investigator-client=20
privilege  exists and was examined by the court in Ravary, a published =20
opinion, where the court held that any communication by a client  to a=20
licensee and any information secured in connection with an  assignment for =
a=20
client is privileged. The trial court was bound  to follow both the statute=
=20
and Ravary. The applicable court  rule provides that parties may obtain=20
discovery regarding any matter,  not privileged, which is relevant to the=
=20
subject matter involved  in the pending action. Accordingly, the trial cour=
t=20
should have  determined which discovery requests were covered by the privat=
e =20
detective-client privilege and exempted those from discovery. Reversed  and=
=20
remanded.
=09=09
=09=09Full  Text Opinion
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Qui Tam
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Back               to Quicklinks
=09=09
=09=09Issues:  Qui tam action; False Claims Act (FCA)
=09=09Court:  U.S. Court of Appeals Sixth Circuit
=09=09Case  Name: Varljen v. Cleveland Gear Co., Inc.
=09=09e-Journal  Number: 10246
=09=09Judge(s):  Siler, Nelson, and Clay=20
=09=09
=09=09The district  court erred in granting defendants=01, motion to dismis=
s based on=20
plaintiffs-relators  failure to allege that the United States had suffered =
an=20
injury  in its dealings with defendant-Cleveland Gear because the trial =20
court relied upon the fact that the government had inspected and  accepted=
=20
the items in question. Plaintiffs=01, complaint should have  survived the m=
otion=20
because it clearly alleged an FCA "injury",  it was not essential for an FC=
A=20
plaintiff to allege damages, the  government inspection was irrelevant, and=
=20
the relative quality of  conforming and nonconforming products in an FCA=20
case. Plaintiffs  had a contract with the United States Department of Defen=
se=20
and  subcontracted with Cleveland Gear. Plaintiffs alleged that=20
defendant-Cleveland  Gear made changes that violated the contract=20
specifications and  attempted to produce gears more cheaply that would=20
nonetheless pass  government inspection. Defendant-Cleveland Gear's=20
certification  that it had complied with the "Quality Assurance=20
Requirements,"  including inspection, was false. Reversed and remanded.????=
?
=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
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=09=09
=09=09Copyrights
=09=09
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=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
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=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
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=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=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
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=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
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=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
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=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
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=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
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=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
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=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
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=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
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=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,=
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family medical leave,  collective bargaining, wage-hour issues or any other=
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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
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=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
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=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
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=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
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=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
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=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
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=09=09
=09=09classified  advertising
=09=09
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=09=09
=09=09Confidential  Records Destruction
=09=09
=09=09
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=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=
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confidential, sensitive and proprietary information, utilizing  a unique,=
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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
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=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
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=09=09
=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.=
=20
Hanieski, Ph.D., Economics Consulting Services,  LLC, 8583 W. Eaton Hwy.,=
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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
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=09=09Expert  Witness=0F-Forensic & Environmental Geologist
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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
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=09=09
=09=09
=09=09
=09=09
=09=09Expert  Witness=0F-Legal Malpractice
=09=09
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=09=09
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=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,=
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fax  (248) 855-0850. E-mail antilchin@aol.com
=09=09
=09=09Back to Quicklinks =20
=09=09
=09=09
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=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=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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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=09Office  Space Available
=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
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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, =
=20
(616) 458-2385, sparmlee@shrr.com  The Grand Rapids Bar Association is an=
=20
Equal Opportunity Employer.   =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=09INSURANCE  CLAIMS attorney needed for growing company in pleasant, sm=
all =20
town environment. 3-5 years experience in claims and/or litigation =20
supervision with a property/casualty insurance company or insurance  defens=
e=20
firm mandatory. Member of the State Bar of Michigan required.  Send resume =
to=20
jhutchins@hastingsmutual.com  or mail to Hastings Mutual Insurance Co., Att=
n:=20
Human Resources, 404  E. Woodlawn Avenue, Hastings, MI 49058. =20
=09=09
=09=09Back to Quicklinks =20
=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
=09=09
=09=09Back to Quicklinks
=09=09
=09=09RESPONSIBILITES  of this person are to provide advice to various depa=
rtments.=20
Draft,  review and negotiate agreements, debt instruments, and guaranties =
=20
for domestic and international business units. Review all advertising  for=
=20
compliance with FTC regulations, trademark usage and adherence  to corporat=
e=20
policies. Defend employment related legal actions and  review and advise on=
=20
hiring practices and procedures. Minimum qualifications  are seven years=20
experience from a law firm and/or a major corporation  with relevant practi=
ce=20
experience. Plus strong background with employment  law. J.D. from a=20
accredited law school, admitted to practice law in  Michigan or other U.S.=
=20
jurisdiction. Please send resume to Ashleys@dominos.com  or fax to=20
734-930-4350. Salary is 110K.Legal Department, Domino's  Pizza, 30 Frank=20
Lloyd Wright Drive, Ann Arbor, MI 48106.  =20
=09=09
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=09=09UNIVERSITY  OF MICHIGAN=01*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 provide  advice and counsel on health law matters =
in=20
the areas of managed care,  reimbursement, research and privacy/security. T=
he=20
position requires  experience in the above-noted areas. Candidates with=20
strong business  acumen-gained through in-house experience or by working=20
closely with  business clients-will be preferred. Minimum qualifications=20
include  excellent academic credentials, a law degree from an accredited la=
w =20
school, membership in the Michigan bar or eligibility for admission  based =
on=20
reciprocity, and at least 5 years of relevant experience.  The salary will =
be=20
commensurate with the selected candidate's experience  and employment in th=
e=20
public section. Applications will be accepted  until the position if 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: HEALTH, 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=09
=09=09UNIVERSITY  OF MICHIGAN--The  Office of the Vice President and Genera=
l=20
Counsel of the University  of Michigan is seeking exceptionally qualified=
=20
applicants for an attorney  who will take primary responsibility for=20
coordinating the University's  litigation in the medical malpractice area.=
=20
The successful candidate  will engage and supervise outside counsel in=20
medical malpractice and  will provide advice and representation in other=20
areas of health care  law. This position will work closely with the senior=
=20
leadership of  the University Health System, including the Chief of Staff f=
or=20
Clinical  Affairs and the Director of the Medical Center Risk Management=20
Office,  other attorneys in the Office of the Vice President and General=20
Counsel,  and with individual members of the medical staff. The successful=
=20
candidate  will draft and review policies; serve on University committees;=
=20
conduct  educational programs on legal topics for the University community,=
 =20
and carry out other duties as assigned. Experience providing legal  service=
s=20
for a university affiliated, or similar, health care system  is desired. A=
=20
law degree from an NALS accredited law school, membership  or eligibility f=
or=20
membership in the State Bar of Michigan, at least  five years litigation=20
experience with an emphasis on medical malpractice,  reasonable experience =
in=20
health care law are required. Applications  will be accepted until the=20
position is filled, but applications should  be submitted promptly to ensur=
e=20
full consideration. To apply, please  send a cover letter and resume to:=20
Office of the Vice President and  General Counsel, Attention: MED MAL, 4010=
=20
Fleming Administration Building,  Ann Arbor, Michigan 48109-1340. The=20
University of Michigan is an equal  opportunity, affirmative action employe=
r.=20
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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=
=20
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.
=09=09
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ontact=20
Stacy  Sage =20
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