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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 30, 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=09Civil Rights =20 =09=09Constitutional Law =20 =09=09Criminal Law =20 =09=09Family Law =20 =09=09Media Law =20 =09=09Real Property =20 =09=09Tax =20 =09=09 =09=09Special Note: Today's e-Journal includes summaries of one Court of = Appeals=20 published opinion and two U. S. Sixth Circuit Court of Appeals opinions i= n=20 the following practice areas: Civil Rights, Criminal Law, and Real Propert= y. =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 =09=09Administrative Order 2001-3=01*Security Policy for the Michigan Supr= eme Court =09=09 =09=09Attorney Discipline Notices =09=09 =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=09Elections =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.= =20 =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=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=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 Real Property =09=09 =09=09Issues: Alleged violations of the Fair Housing Act and analogous sta= te =20 anti-discrimination housing provisions; Whether the landlord met its burde= n=20 in attempting to provide reasonable accommodations for the tenant with a= =20 known mental disability; Whether the district court improperly drew=20 inferences against the nonmoving party =09=09Court: U.S. Court of Appeals Sixth Circuit =09=09Case Name: Groner v. Golden Gate Gardens Apartments =09=09e-Journal Number: 10343 =09=09Judge(s): Gilman, Siler, and Duggan =09=09 =09=09Deciding an issue of first impression in the circuit, the court held= that a =20 plaintiff in a Fair Housing Act case has the burden of proof to establish= =20 the reasonableness of a proposed accommodation. Since landlord-Golden Gate= =20 had a legitimate interest in ensuring the quiet enjoyment of all its=20 tenants, and there was no showing of a reasonable accommodation that would= =20 have enabled the plaintiff, who suffered from schizophrenia and depression= ,=20 to remain in his apartment without significantly disturbing another tenant= ,=20 plaintiff failed to raise a genuine issue of material fact as to a=20 violation of his rights under either the Fair Housing Act or the equivalen= t =20 state laws. Plaintiff allegedly screamed and slammed doors within his=20 apartment, causing the tenant in the apartment above his to make repeated= =20 complaints to Golden Gate's manager. The parties attempted unsuccessfully = to=20 resolve the issue over a period of time, during which Golden Gate=20 soundproofed plaintiff's front door and attempted to work with his social= =20 worker to resolve plaintiff's behavior. Affirmed. =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 Media Law =09=09 =09=09Issues: The First Amendment right of the press to gather information= ; =20 Whether the court clerk could grant access to identity of trial jurors =09=09Court: U.S. District Court Eastern District of Michigan =09=09Case Name: In re Bay City Times =09=09e-Journal Number: 10328 =09=09Judge(s): Lawson =09=09 =09=09Since the subject of the request (release of the names and communiti= es of=20 residence of the trial jurors in the underlying criminal case) constituted= =20 matters which were already in the public record, and releasing the =20 information would not unduly infringe on the jurors' privacy interests, th= e=20 court granted the petitioner-newspaper's request. The underlying criminal= =20 case involved the former superintendent of the city wastewater treatment= =20 plant. The jury returned a verdict on the charges of violation of the Clea= n=20 Water Act. During voir dire each prospective juror announced his or her na= me=20 and community of residence. The trial attracted the attention of the local= =20 media. After the verdict was returned, a reporter requested the names of t= he=20 trial jurors from the court clerk. Thereafter, petitioner requested an=20 order for the disclosure of the jurors' names and communities of residence= , =20 but not their telephone numbers or home addresses. The request was measure= d=20 and confined to matters within the public record, and its disclosure would= =20 not compromise juror privacy. =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: Order compelling defendant to produce reports created by his= expert=20 witnesses when no such reports were created or existed; MCR 6.201; Trial= =20 court=01,s authority to modify the court rules =09=09Court: Michigan Court of Appeals (Published) =09=09Case Name: People v. Phillips =09=09e-Journal Number: 10346 =09=09Judge(s): Per Curiam =01) Holbrook, Jr., Hood, and Griffin =09=09 =09=09The trial court erred in ordering defendant to disclose to the prose= cutor=20 reports created by his expert witnesses when no such reports were created = =20 or existed, and the prosecutor was not entitled to the unwritten =20 observations of defendant=01,s expert witnesses. The plain language of the= =20 applicable court rule provided only that reports "produced" by defendant= =01,s=20 experts were subject to disclosure, and "reports" necessarily meant only= =20 written reports that have actually been produced. The court held that ther= e=20 is no requirement for an expert to create a physical report, and an expert= =20 may testify based solely on observations obtained at trial. The trial cour= t=20 also did not show why good cause existed to modify the court rule in this= =20 case. Reversed and remanded. =09=09 =09=09Full Text Opinion =09=09 =09=09Back to Quicklinks =20 =09=09 =09=09Issues: Writ of habeas corpus pursuant to o 2254; Right to a timely= parole=20 violation hearing; Granting or rescinding of good time sentence credits; D= ue=20 process; Michigan Department of Corrections (MDOC) =09=09Court: U.S. District Court Eastern District of Michigan =09=09Case Name: Moore v. Hofbauer =09=09e-Journal Number: 10330 =09=09Judge(s): Tarnow =09=09 =09=09Petitioner=01,s request for a writ of habeas corpus was denied and t= he=20 petition dismissed because his parole revocation hearing was held within = a=20 reasonable time after he was taken into custody, and he was not improperly= =20 denied or deprived good time credits. Although petitioner=01,s revocation= =20 hearing occurred 49 days after he was available for MDOC custody, instead = of=20 the 45 days provided by state statute, the hearing was held within a=20 reasonable time. The hearing, held within two months after petitioner was= =20 taken into custody on the parole violator warrant, was presumptively=20 reasonably timely, and petitioner failed to show prejudice. The warden=01,= s=20 decision not to grant petitioner good time credits for the period during= =20 which petitioner tested positive for controlled substances and was a parol= e=20 absconder, was a reasonable exercise of discretion. =09=09 =09=09Full Text Opinion =09=09 =09=09Back to Quicklinks =20 =09=09 =09=09Issues: Admissibility of victim's statements about abuse to police o= fficer =20 and her mother =09=09Court: Michigan Court of Appeals (Unpublished) =09=09Case Name: People v. Denton =09=09e-Journal Number: 10335 =09=09Judge(s): Memorandum - McDonald, Smolenski, and Kelly =09=09 =09=09Although the trial court abused its discretion in allowing a police = officer=20 to testify under MRE 803(2) as to what the victim told her about the abus= e,=20 the officer's testimony was admissible under MRE 801(d)(1)(B) to rebut an= =20 implied charge of recent fabrication or improper motive on the part of the= =20 victim. The evidence did not fall within the excited utterance exception t= o=20 the hearsay rule because the statements were neither spontaneous nor made= =20 while the victim was still under the influence of the excitement caused by= =20 the abuse. Defendant's trial theory was that the victim had fabricated the= =20 alleged abuse and had lied because she resented his attempts to discipline= =20 her. The victim's prior consistent statement tended to rebut those claims.= =20 Affirmed. =09=09 =09=09Full Text Opinion =09=09 =09=09Back to Quicklinks =20 =09=09 =09=09Issues: Sentencing of a second habitual offender; Jurisdiction to=20 resentence defendant; Applicability of MCL 771.1; MSA 28.1131(1); Right to= =20 a speedy trial and delayed sentencing; Proportionality of sentence =09=09Court: Michigan Court of Appeals (Unpublished) =09=09Case Name: People v. Phillips =09=09e-Journal Number: 10313 =09=09Judge(s): Per Curiam =01) White, Cavanagh, and Talbot =09=09 =09=09Defendant=01,s sentence as a second habitual offender was supported = by the=20 facts of the case, and his age and his ineligibility for disciplinary =20 credits as an habitual offender, which meant that he had to serve his enti= re=20 minimum sentence before becoming eligible for parole, did not negate that.= =20 Defendant=01,s argument that the trial court did not have jurisdiction to= =20 resentence him failed because the statute upon which he relied did not app= ly=20 to his case, and even if it did, there was good cause for the delay. From= =20 the time leave was denied by the Supreme Court, sentencing was delayed for= =20 approximately one year and four months. Defendant filed a motion to quash= =20 resentencing that caused resentencing to be adjourned, and after the motio= n=20 was heard and denied, resentencing took place within 30 days. Affirmed. =09=09 =09=09Full Text Opinion =09=09 =09=09Back to Quicklinks =20 =09=09 =09=09Issues: Habitual offender charge based on prior conviction that was = a=20 felony and at time of OUIL conviction constituted a misdemeanor;=20 Ineffective assistance of counsel =09=09Court: Michigan Court of Appeals (Unpublished) =09=09Case Name: People v. Piotrowski =09=09e-Journal Number: 10332 =09=09Judge(s): Memorandum - Jansen, Zahra, and Owens =09=09 =09=09The trial court did not err by using defendant's prior conviction to= convict=20 him as a second habitual offender because the offense is now classified a= s=20 a misdemeanor. Defendant claimed that use of the prior conviction in this= =20 manner violated the ex post facto clauses of the United States and Michiga= n=20 Constitutions. The court disagreed and affirmed defendant's conviction as = a=20 second habitual offender and the sentence imposed pursuant to that=20 conviction. A sentencing court may use a prior conviction of a crime that= =20 was classified as a felony at the time it was committed to enhance the=20 sentence for a subsequent felony conviction, even though the prior crime h= as=20 been reclassified as a misdemeanor. Defendant's prior conviction of failin= g=20 to return rental property was a felony at the time he committed the=20 offense, therefore the trial court properly used it to sentence him as a = =20 second habitual offender. Affirmed. =09=09 =09=09Full Text Opinion =09=09 =09=09Back to Quicklinks =20 =09=09 =09=09Issues: The trial court's refusal to accept guilty plea; Whether the= trial=20 court may reject pleas to reduced charges; Waiver =09=09Court: Michigan Court of Appeals (Unpublished) =09=09 Case Name: People v. Winbush =09=09e-Journal Number: 10333 =09=09Judge(s): Memorandum - McDonald, Smolenski, and Kelly =09=09 =09=09The trial court did not commit reversible error when it refused to a= ccept=20 defendant's guilty plea to a probation violation. The petition charging=20 defendant with probation violation contained six allegations. The=20 prosecutor indicated that if defendant pleaded guilty to one allegation,= =20 she would drop the others. The trial court disapproved of that procedure = =20 and required the parties to proceed with a hearing. A defendant does not= =20 have an absolute right to have a guilty plea accepted and the court may=20 reject a plea in the exercise of its sound discretion. The trial court may= =20 also reject pleas to reduced charges. Affirmed. =09=09 =09=09Full Text Opinion =09=09 =09=09Back to Quicklinks =20 =09=09 =09=09Issues: Motion to dismiss based on the grounds that defendant=01,s s= tatements =20 were not "true threats," and therefore were protected speech; Knowingly =20 transmitting a threat to kidnap in interstate commerce in violation of 18= =20 U.S.C. o 875©; Knowingly transmitting a threat to injure in interstate= =20 commerce in violation of o 875©; Making interstate telephone calls that= =20 were lewd, indecent, obscene, and lascivious, with the intent to abuse,=20 harass, and annoy another person in violation of 47 U.S.C. o 223(a)(1)(A)= =20 and (B) =09=09Court: U.S. Court of Appeals Sixth Circuit =09=09Case Name: United States v. Landham =09=09e-Journal Number: 10344 =09=09Judge(s): Suhrheinrich, Moore, and Edmunds =09=09 =09=09The district court erred in failing to dismiss Count Three of the=20 indictment alleging that defendant knowingly transmitted a threat to kidna= p =20 in interstate commerce. The statement "You will not have Priscilla by her= =20 second birthday, because I'm going to have all your children . . . . You= =20 will not have Priscilla to raise. . . I'm going to get her," contained no= =20 communication containing a direct threat to kidnap, nor would a reasonable= =20 observer in the victim=01,s shoes perceive it as an indirect threat. The= =20 defendant and the victim were embroiled in a divorce proceeding. The victi= m=20 had obtained a Domestic Violence Order removing defendant from the home an= d=20 barring him from contact with his daughter. Defendant=01,s statement, "I'm= =20 going to get her," in context, referred to the custody battle during the= =20 divorce proceeding. There was no allegation that defendant had ever=20 attempted to abduct the child in the past. Defendant could not have legall= y=20 been charged with kidnapping since Priscilla was his biological daughter a= nd=20 his parental rights had not been terminated. Defendant=01,s convictions we= re=20 reversed and remanded. =09=09 =09=09Full Text Opinion =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Family Law=20 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Back to Quicklinks =09=09 =09=09Issues: Termination of parental rights; Whether petitioner made reas= onable =20 attempts to reunify the family; Sufficiency of the referee's findings =09=09Court: Michigan Court of Appeals (Unpublished) =09=09Case Name: In re Balowski =09=09e-Journal Number: 10334 =09=09Judge(s): Memorandum - McDonald, Smolenski, and Kelly =09=09 =09=09Although respondent-father complied with some aspects of the parent/= agency=20 agreement, the trial court did not clearly err in finding that the statuto= ry=20 grounds for termination were established by clear and convincing evidence = =20 and that the evidence did not show that termination of respondent's parent= al=20 rights was clearly not in the children's best interests. Respondent claime= d=20 that petitioner failed to make reasonable efforts to reunify the family,= =20 however those deficiencies did not involve the principal issue leading to= =20 termination, which was respondent's failure to successfully address his=20 substance abuse problem. 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)(g) and (j) =09=09Court: Michigan Court of Appeals (Unpublished) =09=09Case Name: In re DJH =09=09e-Journal Number: 10339 =09=09Judge(s): Memorandum =01) Collins, Hoekstra, and Gage =09=09 =09=09The trial court did not err in concluding that clear and convincing = evidence=20 supported termination of respondent-mother=01,s parental rights. The recor= d=20 showed that respondent and her children shared a close bond. However, it = =20 also showed that respondent continued to have contact with and marry her= =20 boyfriend after she knew of his violent tendencies and that he likely=20 injured her children, and after the court ordered that he have no contact= =20 with the children. Although respondent later divorced her husband, and=20 testified that she was no longer involved with him, other trial testimony= =20 indicated that she did continue to be involved with him. The trial court= =01,s=20 findings indicated that it did not credit respondent=01,s testimony, and t= he=20 court found nothing in the record to suggest that the trial court clearly= =20 erred in that regard. 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)(b)(i), (b)(ii= ), (g),=20 and (j) =09=09Court: Michigan Court of Appeals (Unpublished) =09=09Case Name: In re M.J.C.R. =09=09e-Journal Number: 10341 =09=09Judge(s): Memorandum =01) Holbrook, Jr., Hood, and Griffin =09=09 =09=09Even if the family court erred in terminating respondent-mother=01,s= parental=20 rights under o 19b(3)(g), the error was harmless because the remaining =20 statutory grounds with regard to her were established with clear and=20 convincing evidence. The evidence indicated that the mother was in a=20 position where she should have known of the sexual abuse of her daughter b= y=20 her husband, respondent-father, her daughter=01,s stepfather. She was well= =20 aware of the physical abuse of both children by the father, yet continued = to=20 reside with him, exposing the children to further abuse. The mother also h= ad=20 a history of emotional and psychological problems, including several suici= de=20 attempts in front of the children. Termination of both respondents=01, par= ental=20 rights was 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)(d) and (j); W= hether =20 respondent-failure to fulfill the terms of a transition plan to regain=20 custody due to the lack of necessary help and referrals =09=09Court: Michigan Court of Appeals (Unpublished) =09=09Case Name: In re Roe =09=09e-Journal Number: 10319 =09=09Judge(s): Per Curiam =01) Doctoroff, Saad, and Wilder =09=09 =09=09There was clear and convincing evidence that respondent-mother faile= d to=20 comply with the placement and transition plan to regain custody of the =20 minor child after the child was placed in a limited guardianship. Although= =20 respondent did eventually complete parenting classes and undergo a=20 psychiatric examination, she failed to secure adequate housing for the=20 child, did not demonstrate any financial ability to support the child, did= =20 not participate in counseling, and did not take her medications for a=20 diagnosed psychotic disorder. There was no merit to respondent=01,s claim = that=20 her failure to fulfill the terms of the plan was the fault of the probate= =20 court. Termination of respondent=01,s parental rights under both statutory= =20 grounds relied upon by the family court was 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)©(i), (g), a= nd (j) =09=09Court: Michigan Court of Appeals (Unpublished) =09=09Case Name: In re Walker =09=09e-Journal Number: 10342 =09=09Judge(s): Memorandum =01) White, Cavanagh, and Talbot =09=09 =09=09The family court did not clearly error in terminating respondent-mot= her=01,s=20 parental rights because the statutory bases for termination were=20 established by clear and convincing evidence. Respondent failed to=20 substantially comply with the treatment plan and work toward reunification= =20 with her children. Respondent failed to obtain and maintain suitable =20 housing for herself and the children, and showed an inability to control a= nd=20 supervise the children, resulting in harm to them. She did not interact wi= th=20 the children during visitation, she failed to obtain and maintain legal=20 income, and did not seek psychological counseling as required by the=20 treatment plan. Affirmed. =09=09 =09=09Full Text Opinion =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Media 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 Constitutional Law =09=09 =09=09Issues: The First Amendment right of the press to gather information= ; =20 Whether the court clerk could grant access to identity of trial jurors =09=09Court: U.S. District Court Eastern District of Michigan =09=09Case Name: In re Bay City Times =09=09e-Journal Number: 10328 =09=09Judge(s): Lawson =09=09 =09=09Since the subject of the request (release of the names and communiti= es of=20 residence of the trial jurors in the underlying criminal case) constituted= =20 matters which were already in the public record, and releasing the =20 information would not unduly infringe on the jurors' privacy interests, th= e=20 court granted the petitioner-newspaper's request. The underlying criminal= =20 case involved the former superintendent of the city wastewater treatment= =20 plant. The jury returned a verdict on the charges of violation of the Clea= n=20 Water Act. During voir dire each prospective juror announced his or her na= me=20 and community of residence. The trial attracted the attention of the local= =20 media. After the verdict was returned, a reporter requested the names of t= he=20 trial jurors from the court clerk. Thereafter, petitioner requested an=20 order for the disclosure of the jurors' names and communities of residence= , =20 but not their telephone numbers or home addresses. The request was measure= d=20 and confined to matters within the public record, and its disclosure would= =20 not compromise juror privacy. =09=09 =09=09Full Text Opinion =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=09 =09=09 =09=09Back to Quicklinks =09=09 =09=09This summary also appears under Civil Rights =09=09 =09=09Issues: Alleged violations of the Fair Housing Act and analogous sta= te =20 anti-discrimination housing provisions; Whether the landlord met its burde= n=20 in attempting to provide reasonable accommodations for the tenant with a= =20 known mental disability; Whether the district court improperly drew=20 inferences against the nonmoving party =09=09Court: U.S. Court of Appeals Sixth Circuit =09=09Case Name: Groner v. Golden Gate Gardens Apartments =09=09e-Journal Number: 10343 =09=09Judge(s): Gilman, Siler, and Duggan =09=09 =09=09Deciding an issue of first impression in the circuit, the court held= that a =20 plaintiff in a Fair Housing Act case has the burden of proof to establish= =20 the reasonableness of a proposed accommodation. Since landlord-Golden Gate= =20 had a legitimate interest in ensuring the quiet enjoyment of all its=20 tenants, and there was no showing of a reasonable accommodation that would= =20 have enabled the plaintiff, who suffered from schizophrenia and depression= ,=20 to remain in his apartment without significantly disturbing another tenant= ,=20 plaintiff failed to raise a genuine issue of material fact as to a=20 violation of his rights under either the Fair Housing Act or the equivalen= t =20 state laws. Plaintiff allegedly screamed and slammed doors within his=20 apartment, causing the tenant in the apartment above his to make repeated= =20 complaints to Golden Gate's manager. The parties attempted unsuccessfully = to=20 resolve the issue over a period of time, during which Golden Gate=20 soundproofed plaintiff's front door and attempted to work with his social= =20 worker to resolve plaintiff's behavior. Affirmed. =09=09 =09=09Full Text Opinion =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Tax =20 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Back to Quicklinks =09=09 =09=09Issues: Judgment of Tax Tribunal revising the true cash value, asses= sed, =20 and taxable values of petitioner=01,s property; Burden of proof; Lack of= =20 evidence =09=09Court: Michigan Court of Appeals (Unpublished) =09=09Case Name: Muscio v. Commerce Twp. =09=09e-Journal Number: 10340 =09=09Judge(s): Memorandum =01) McDonald, Smolenski, and Kelly =09=09 =09=09The tribunal=01,s decision revising the true cash value, assessed, a= nd taxable=20 values of petitioner=01,s property was not supported by competent, materia= l, =20 and substantial evidence on the record since petitioner presented no=20 evidence of the true cash value of the property under any of the recognize= d=20 valuation methods. Petitioner contended only that the assessed value shoul= d=20 be cut in half because his neighbors built a garage that encroached on the= =20 street, paved a portion of the street, and used it as a driveway, and=20 petitioner was unable to obtain relief in court. He presented no evidence = to=20 support his contention that his property value in fact decreased therefore= ,=20 he failed to satisfy his burden of proof. The tribunal decision constitute= d=20 an error of law. Reversed. =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=09Elections =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Paid Advertisement =20 =09=09GREG ULRICH for STATE BAR COMMISSIONER: WAYNE COUNTY=0F-Vote June 1= st for=20 three term past State Bar Commissioner and Representative Assembly=20 Chairperson, GREG ULRICH, with 27 years of bar leadership, including the A= BA=20 House of Delegates. Partner with Livonia-based Cummings, McClorey, Davis &= =20 Acho, PLC.=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-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=09APPELLATE PRACTICE=0F-Large Detroit litigation firm seeking associat= e to join=20 appellate group in handling appeals and complex motions in the trial court= s.=20 The firm has a diverse practice, including defense of medical malpractice,= =20 product liability and employment claims, as well as commercial and probate= =20 litigation. Excellent writing and research skills necessary. One to three= =20 years litigation or clerking experience preferred. EOE Send resume to P.O.= =20 Box 43158, Detroit, MI 48243. =09=09 =09=09Back to Quicklinks =20 =09=09 =09=09DAWDA, MANN, MULCAHY & SADLER a full-service Bloomfield Hills firm, = with 25=20 attorneys and a national client base, is seeking a real estate/corporate= =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=09SENIOR COUNSEL=01*Responsibilities of this person are to provide adv= ice to=20 various departments. Draft, review and negotiate agreements, debt=20 instruments, and guaranties for domestic and international business units.= =20 Review all advertising for compliance with FTC regulations, trademark usag= e=20 and adherence to corporate policies. Defend employment related legal actio= ns=20 and review and advise on hiring practices and procedures. Minimum=20 qualifications are seven years experience from a law firm and/or a major= =20 corporation with relevant practice experience. Plus strong background with= =20 employment law. J.D. from a accredited law school, admitted to practice la= w=20 in Michigan or other U.S. jurisdiction. Please send resume to=20 Ashleys@dominos.com or fax to 734-930-4350. Salary is 110K.Legal Departmen= t,=20 Domino's Pizza, 30 Frank Lloyd Wright Drive, Ann Arbor, MI 48106. =20 =09=09 =09=09Back to Quicklinks =09=09 =09=09UNIVERSITY OF MICHIGAN=0F-The Office of the Vice President and Gene= ral Counsel=20 of the University of Michigan is seeking exceptionally qualified applicant= s=20 for an attorney who will take primary responsibility for coordinating the= =20 University's litigation in the medical malpractice area. The successful=20 candidate will engage and supervise outside counsel in medical malpractice= =20 and will provide advice and representation in other areas of health care = =20 law. This position will work closely with the senior leadership of the=20 University Health System, including the Chief of Staff for Clinical Affair= s=20 and the Director of the Medical Center Risk Management Office, other=20 attorneys in the Office of the Vice President and General Counsel, and wit= h=20 individual members of the medical staff. The successful candidate will dra= ft=20 and review policies; serve on University committees; conduct educational= =20 programs on legal topics for the University community, and carry out other= =20 duties as assigned. Experience providing legal services for a university= =20 affiliated, or similar, health care system is desired. A law degree from a= n=20 NALS accredited law school, membership or eligibility for membership in th= e=20 State Bar of Michigan, at least five years litigation experience with an= =20 emphasis on medical malpractice, reasonable experience in health care law= =20 are required. Applications will be accepted until the position is filled,= =20 but applications should be submitted promptly to ensure full consideration= .=20 To apply, please send a cover letter and resume to: Office of the Vice=20 President and General Counsel, Attention: MED MAL, 4010 Fleming=20 Administration Building, Ann Arbor, Michigan 48109-1340. The University of= =20 Michigan is an equal opportunity, affirmative action employer. =20 =09=09 =09=09Back to Quicklinks =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Services =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =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 =09=09Back to Quicklinks =20 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Typing Services =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09IS YOUR WORK LOAD OVERWHELMED? Do you have employees on vacation, si= ck leave=20 or disability? Do you need legal briefs, motions or complaints filed today= ?=20 I CAN HELP!!! Visit my web page at www.gnrtyping.com for more information.= =20 Fast and dependable. SPEEDY FINGERS AT YOUR SERVICE! =09=09 =09=09Back to Quicklinks =20 =09=09 =09=09To receive information on how to place a classified advertisement, c= ontact=20 Stacy Sage =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=09news & moves =09=09 =09=09 =09=09 =09=09 =09=09 =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 bar events=20 =09=09 =09=09 =09=09 =09=09 =09=09 =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=09archived e-Journals=20 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Case Summary Cumulative Index =09=09 =09=09Wednesday, May 23 e-Journal =09=09 =09=09Thursday, May 24 e-Journal =20 =09=09 =09=09Friday, May 25 e-Journal =09=09 =09=09Tuesday, May 29 e-Journal =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=09contacts =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09For information on classified advertising, contact Stacy Sage =09=09 =09=09For information on fields of practice listings, contact Stacy Sage =09=09 =09=09For unsubscribe and change of address issues, contact: Carrie Picke= tt =09=09 =09=09To list bar event information, send your information to Carrie Pick= ett =09=09 =09=09Editorial comments may be sent to Nancy Brown =09=09 =09=09Technical questions may be sent to e-journal-tech@michbar.org =09=09 =09=09Who Does What at the State Bar =20 =09=09 =09=09Back to Quicklinks =20 =09=09 =09=09 =09=09 =09=09 =09=09To receive the text-only version, please send an e-mail to=20 lyris@lists.michbar.org In the body, type: subscribe ejournal-text. To=20 unsubscribe from the html version, type: unsubscribe ejournal on the next= =20 line. You may re-subscribe or unsubscribe at any time. =20 State Bar of Michigan Home Copyright , 2001, State Bar of Michigan =20 --- You are currently subscribed to ejournal as: [mark.e.haedicke@enron.com] To unsubscribe, forward this message to=20 leave-ejournal-255481W@lists.michbar.org
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