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[IMAGE] Ad 1 [IMAGE] [IMAGE] [IMAGE] [IMAGE] [IMAGE] [IMAGE] The e-Journal is available to members of the State Bar of Michigan at no= =20 additional charge thanks in part to the generous support of our advertiser= s.=20 Please be sure to support these State Bar partners and visit their Interne= t=20 sites frequently for information about their products and services. =09?= =09 =09=09 =09=09 =09=09 =09=09[IMAGE] =09=09 =09=09 =09=09 =09=09 =09=09 =09=09State Bar of Michigan e-Journal for Wednesday, May 23, 2001 =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=09 =09=09?qlink =09=09 =09=09?Use our specifically designed hypertext links --Quicklinks -- to j= ump to=20 the desired area of today's=20 =09=09e-Journal =20 =09=09 =09=09 =09=09 =09=09?cases =09=09Cases affecting the following practice areas are summarized in toda= y's=20 e-Journal: =20 =09=09 =09=09Bankruptcy =20 =09=09Civil Rights =20 =09=09Constitutional Law =20 =09=09Criminal Law =20 =09=09Employment & Labor Law =20 =09=09Family Law =20 =09=09Insurance =20 =09=09Litigation =20 =09=09Municipal =20 =09=09Negligence & Intentional Tort =20 =09=09Real Property =20 =09=09 =09=09Special Note: Today's e-Journal includes a summary of one U. S. Six= th=20 Circuit Court of Appeals opinion in the following practice areas: Bankrupt= cy=20 and Constitutional Law. =09=09 =09=09[IMAGE] =20 =09=09 =09=09 =09=09?editorial =09=09Please click here to read today's Other Editorial =09=09 =20 =09=09[IMAGE] =20 =09=09 =09=09Tell Us What You Think =09=09Visit Our New Townhall Forum Electronic Bulletin Board =09=09 =09=09 =20 =09=09 =09=09?classified =09=09Listings in the following areas are in today's Classified Section: = =20 =09=09 =09=09Confidential Records Destruction =20 =09=09Expert Witness =20 =09=09Lawsuit Financials =20 =09=09Legal Research =20 =09=09Office Space Available =20 =09=09Positions Available =20 =09=09Services =20 =09=09Typing Services=20 =09=09 =09=09 =09=09 =09=09?fieldspractice =09=09 =09=09Need to refer a case? See today's Fields of Practice Listings:=20 =09=09 =09=09ADR/Arbitration/Mediation =20 =09=09 =20 =09=09Administrative Law =20 =09=09Adoption =20 =09=09 =20 =09=09Alternative Dispute Resolution =20 =09=09 =20 =09=09Antitrust/Advertising/Trade Regulation=20 =09=09 =20 =09=09Appeals =20 =09=09 =20 =09=09Appellate Law=20 =09=09 =20 =09=09Automotive Warranty Law=20 =09=09 =20 =09=09Business & Taxation=20 =09=09 =20 =09=09Construction Law=20 =09=09 =20 =09=09Copyrights =20 =09=09 =20 =09=09Criminal Law=20 =09=09 =20 =09=09Environmental Law=20 =09=09 =20 =09=09Family Law=20 =09=09 =20 =09=09Federal False Claims (Qui Tam) Actions =20 =09=09Health Law=20 =09=09 =20 =09=09Hospital & Medical Negligence=20 =09=09 =20 =09=09Immigration & Naturalization=20 =09=09 =20 =09=09Immigration Law=20 =09=09 =20 =09=09Insurance Law=20 =09=09 =20 =09=09Intellectual Property Law =20 =09=09 =20 =09=09Labor & Employment Law=20 =09=09 =20 =09=09Litigation =20 =09=09 =20 =09=09Medical Malpractice=20 =09=09 =20 =09=09Real Estate=20 =09=09 =20 =09=09Special Education Law=20 =09=09 =20 =09=09Tax Litigation & Disputes=20 =09=09 =20 =09=09Transportation Law=20 =09=09 =20 =09=09Worker's Compensation =20 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09?newsandmoves =09=09 =09=09See this week's News & Moves for information about your colleagues. =09=09 =09=09 =09=09 =09=09 =09=09barevents?=20 =09=09 =09=09See today's Bar Events section for news about upcoming programs an= d =20 activities: =20 =09=09 =09=09Bench/Bar Conference on Social Security Disability=20 =09=09Basic Probate and Post Mortem Planning for Legal Assistants =09=09Advanced Probate and Post Mortem Planning for Legal Assistants =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=09 =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)©(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 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Family Law =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09JOHN G. MAKRIS, 802 E Big Beaver Rd, Troy, MI 48083-1404, Phone: (24= 8)=20 528-1811, FAX: (248) 524-0973, e-mail: jgmakris@altavista.com. =20 =09=09 =09=09Back to Quicklinks =20 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Federal False Claims (Qui Tam) Actions =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09HaronDAVID HARON represents whistleblowers in civil false claims ac= tions=20 and works with referring attorneys nationwide who specialize in employment= =20 law and other fields. Under the federal False Claims Act, private=20 individuals with knowledge of fraud against federal programs can file suit= =20 on behalf of the United States and receive a substantial share of any =20 recovery. Representing such claimants, Mr. Haron has recovered millions of= =20 dollars in Medicare and Medicaid funds that had been fraudulently obtained= =20 by health-care providers, primarily through abusive billing practices. To= =20 learn more, visit his qui tam web site at www.QuiTamOnline.com or contact= =20 him directly by e-mail at dharon@fsh-law.com or phone (248) 952-0400 at=20 Frank, Stefani, Haron & Hall in Troy http://www.fsh-law.com/ =09=09 =09=09Back to Quicklinks =20 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Health Law=20 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09KENNETH R. MARCUS, representing provider organizations and professio= nals=20 since 1984 in Blue Cross/Medicaid/Medicare Audit Defense, Payment Appeals,= =20 Stark Act Compliance, Managed Care Contracting, Physician Transactions,=20 Corporate Law. I work collaboratively with general counsel. Phone=20 888.865.9955, fax: 248.865.9956, e-mail: krmarcus@aol.com. Visit =20 www.lawyers.com/kenmarcus. =09=09 =09=09Back to Quicklinks =20 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Hospital & Medical Negligence =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09THE LAW OFFICES OF JOHN S. HONE, P.C., representing victims of hosp= ital and=20 medical negligence resulting in serious injury, permanent cognitive and=20 physical disability and wrongful death. Millions won, available for=20 consultation and referral, cases accepted statewide. Phone Hone: (248)=20 888-7585; Toll Free: 888-HMO-1010; Fax: (248) 473-8895; E-mail to=20 mmhmolawsuit@aol.com =09=09 =09=09Back to Quicklinks =20 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Immigration and Naturalization =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09NAHIL PETER ANTONE, N. Peter Antone, PC, 16445 West Twelve Mile Road= , Suite=20 100, Southfield, MI 48076, Phone: (248) 559-0707, FAX: (248) 559-0790,=20 e-mail: Peter@Antone.com. Visit http://Antone.com. =20 =09=09 =09=09Back to Quicklinks =20 =09=09 =09=09ROGER R. RATHI, Attorney at Law, 29777 Telegraph Road, Suite 2500,= =20 Southfield, MI 48034, Phone: (248) 539-8421, FAX: (248) 353-2786, e-mail:= =20 rrathi@yahoo.com. =20 =09=09 =09=09Back to Quicklinks =20 =09=09 =09=09STEVEN N. GARMO, Law Offices of Garmo & Garmo, 28230 Orchard Lake Ro= ad,=20 Suite 201, Farmington Hills, MI 48334, Phone: (248) 626-0050, FAX: (248)= =20 626-0051, e-mail: steve@garmo.com. Visit: www.garmo.com. =20 =09=09 =09=09Back to Quicklinks =20 =09=09 =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 =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=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 =09=09 =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 =09=09 =09=09 =09=09 =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 =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=09classified advertising =09=09 =09=09 =09=09 =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,= =20 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 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Expert Witness=0F-Economics Consulting =09=09 =09=09 =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 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Expert Witness=0F-Forensic & Environmental Geologist =09=09 =09=09 =09=09 =09=09 =09=09 =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 =09=09 =09=09 =09=09 =09=09 =09=09 =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 property records, bankruptcies, liens and judgments. For information call= =20 800-935-OPEN (6736), email info@openonline.com, or visit www.openonline.co= m =09=09 =09=09Back to Quicklinks =20 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Office Space Available =09=09 =09=09 =09=09 =09=09 =09=09 =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 =09=09 =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@ln
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