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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 Monday, May 21, 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=09Constitutional Law=20 =09=09Construction Law=20 =09=09Contracts =20 =09=09Criminal Law=20 =09=09Employment & Labor Law =20 =09=09Family Law =20 =09=09Litigation =20 =09=09Municipal =20 =09=09Negligence & Intentional Tort =20 =09=09Qui Tam =20 =09=09 =09=09Special Note: Today's e-Journal includes summaries of four U. S. Si= xth=20 Circuit Court of Appeals opinions in the following practice areas:=20 Bankruptcy, Constitutional Law, Criminal Law, Municipal, and Qui Tam. =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? =09=09 =09=09State Bar Seeks Nominees for Awards=20 =09=09Awards Criteria =09=09 =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=09Expert Witness =20 =09=09Lawsuit Financials =20 =09=09Legal Research =20 =09=09Office Space Available =20 =09=09Positions Available=20 =09=09Services =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=09Beth I. deBaptiste-Follis=20 =09=09Brian D. Figot=20 =09=09Berton K. May and Bruce A. Sucher=20 =09=09Susan Tukel=20 =09=09 =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=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=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 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Back to Quicklinks =09=09 =09=09Issues: Whether debt was nondischargeable pursuant to o 523(a)(4); W= hether =20 a state court magistrate's decision was a final judgment entitled to=20 preclusive effect; Whether the bankruptcy court's findings were sufficient= =20 to support the conclusion that the debt was nondischargeable =09=09Court: Bankruptcy Appellate Panel Sixth Circuit =09=09Case Name: In re Thompson =09=09e-Journal Number: 10248 =09=09Judge(s): Howard, Brown, and Morgenstern-Clarren =09=09 =09=09The bankruptcy court erred in giving preclusive effect to the state = court=20 magistrate's decision in the dischargeability proceeding because there was= =20 no final, appealable state court judgment entered in the record, which wa= s=20 entitled to preclusive effect, and which could serve as a basis for the=20 bankruptcy court's decision as to the amount and nature of the debt. The= =20 bankruptcy court's findings of fact were insufficient to support the=20 conclusion that the debt was nondischargeable pursuant to o 523(a)(4)=20 because the debtor's conversion amounted to "embezzlement". The bankruptcy= =20 court's only independent finding from its trial of the matter did not=20 address all the elements necessary to establish nondischargeability for=20 embezzlement. Reversed and remanded. =09=09 =09=09Full Text Opinion =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Constitutional Law=20 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Back to Quicklinks =09=09 =09=09This summary also appears under Municipal =09=09 =09=09Issues: Special use permit allowing property owner to operate a busi= ness in=20 a residential neighborhood; Alleged violations of federal procedural and= =20 substantive due process rights resulting from issuance of special use perm= it =09=09Court: U.S. Court of Appeals Sixth Circuit =09=09Case Name: Brody v. City of Mason =09=09e-Journal Number: 10245 =09=09Judge(s): Cohn, Boggs, and Moore =09=09 =09=09Since the plaintiffs were allowed to participate in the special use = permit=20 decision process and the defendant-city sufficiently considered evidence a= nd=20 facts pertaining to the surrounding land before approving the permit and = =20 allowing the parking lot to be paved, the district court did not err in=20 finding that plaintiffs' procedural and substantive due process rights wer= e=20 not violated. The city granted defendant-McCalla a special use permit=20 allowing her to operate a beauty salon in a residential neighborhood and t= o=20 pave the rear yard for parking. Plaintiffs were neighboring property owner= s=20 claiming to have suffered damage caused by water runoff from the parking= =20 lot. The court concluded that plaintiffs' argument that they were denied= =20 procedural due process via a meaningful hearing was unpersuasive and that= =20 they failed to demonstrate that any actions by the city planning commissio= n,=20 the zoning board of appeals, or the zoning administrator was the result of= =20 favoritism or special treatment. Affirmed. =09=09 =09=09Full Text Opinion =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Construction Law=20 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Back to Quicklinks =09=09 =09=09This summary also appears under Negligence & Intentional Tort =09=09 =09=09Issues: General rule regarding the liability of property owner and g= eneral =20 contractor for injuries to independent subcontractor's employees; Three=20 exceptions to the general rule; Premises liability =09=09Court: Michigan Court of Appeals (Unpublished) =09=09Case Name: Nagy v. Consumers Power Co. =09=09e-Journal Number: 10222 =09=09Judge(s): Per Curiam - Whitbeck, McDonald, and Collins =09=09 =09=09The trial court erred in finding that a question of fact existed whe= ther an=20 exception applied to the general rule that neither a general contractor no= r =20 a landowner is liable in negligence for injuries to an independent =20 subcontractor's employees. Two construction workers were killed and one=20 injured in a construction site accident where plaintiffs inexplicably=20 decided to push their scaffold directly toward overhead power lines. The= =20 court examined the three exceptions to the general rule, determined that= =20 none of the three exceptions applied, concluded that the trial court=20 incorrectly found that a question of fact concerning the issue of liabilit= y=20 was sufficiently raised by the pleadings, and held that neither=20 defendant-Venchurs nor defendant-Gocon were liable in negligence for=20 plaintiffs' injuries. Reversed in part, affirmed in part, and remanded for= =20 entry of an order granting defendants summary disposition. =09=09 =09=09Full Text Opinion =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Contracts =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Back to Quicklinks =09=09 =09=09This summary also appears under Municipal =09=09 =09=09Issues: Garbage collection and disposal service provided to resident= ial =20 units in township under contract between township and waste management =20 company; Breach of contract claim by owner and operator of a mobile home= =20 parks located in township; Third party beneficiary status; Equal protectio= n;=20 Due process; Rational basis test =09=09Court: Michigan Court of Appeals (Unpublished) =09=09Case Name: American Presidential Estates, Inc. v. Van Buren Twp. =09=09e-Journal Number: 10223 =09=09Judge(s): Per Curiam =01) McDonald, Neff, and Fitzgerald =09=09 =09=09While the trial court properly concluded that an agreement between= =20 defendant-township and defendant-waste management company entitled mobile= =20 homes in plaintiff=01,s parks to free garbage collection, plaintiff-mobile= =20 home park owner and operator had no right to enforce the contract. The =20 trial court erred in concluding that plaintiff was a third-party beneficia= ry=20 of the agreement and awarding it damages on a breach of contract theory. T= he=20 agreement contained an express promise to act for the benefit of the=20 particular class of persons who owned and occupied private residences with= in=20 the township. Plaintiff was not an individual resident or owner of private= =20 property within the township, and the fact that it would indirectly and=20 incidentally derive benefits from its residents receiving free garbage=20 collection services was insufficient to provide it third-party beneficiary= =20 status. Reversed.=20 =09=09 =09=09Full Text Opinion =09=09 =09=09Back to Quicklinks =20 =09=09 =09=09This summary also appears under Employment & Labor Law =09=09 =09=09Issues: Consideration of plaintiffs=01, parol evidence of pre-employ= ment=20 discussions concerning the nature of their employment relationship with=20 defendants; Breach of contract; At-will employment; Just-cause employment;= =20 Fraud or misrepresentation; Fraud in the inducement =09=09Court: Michigan Court of Appeals (Unpublished) =09=09Case Name: Eby v. A & M Custom Built Homes, Inc. =09=09e-Journal Number: 10230 =09=09Judge(s): Per Curiam - Bandstra, Griffin, and Collins =09=09 =09=09Although the trial court erred by failing to consider plaintiffs-emp= loyees=01,=20 parol evidence of pre-employment discussions in support of their position = =20 that the employment relationship was not simply an at-will arrangement, th= e=20 court affirmed summary disposition in favor of defendants-employers with= =20 respect to plaintiffs=01, breach of contract claim. The court held that th= e=20 error was harmless because, even if plaintiffs=01, proffered parol evidenc= e was=20 considered, it failed to establish whether plaintiffs=01, employment=20 relationship with defendants properly could be considered other than=20 at-will. The letter agreement failed to contain any language that would=20 cause a reasonable person to believe that the employment relationship was= =20 terminable only for just cause. Plaintiffs did not allege any specific ora= l=20 assertions made by defendants that would constitute the required "clear an= d=20 unequivocal" language to overcome the presumption of employment at-will. = =20 Affirmed. =09=09 =09=09Full Text Opinion =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Criminal Law =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Back to Quicklinks =09=09 =09=09Issues: Whether the presiding judge abused her discretion in orderin= g a =20 competency hearing when defendant appeared before her on the date set for= =20 his trial; Whether defendant was denied a fair trial because of negative a= nd=20 hostile remarks made by trial court during jury voir dire; Denial of motio= n=20 for a continuance to secure an independent examination on the issue of=20 criminal responsibility; Ineffective assistance of counsel; Due process =09=09Court: Michigan Court of Appeals (Unpublished) =09=09Case Name: People v. Washington =09=09e-Journal Number: 10221 =09=09Judge(s): Per Curiam =01) Bandstra, Wilder, and Collins =09=09 =09=09The presiding judge did not abuse her discretion in ordering a compe= tency=20 hearing when defendant appeared before her on the date set for his trial. = =20 The presiding judge took testimony from the examining psychologist, and=20 defense counsel was allowed the opportunity to cross-examine the witness.= =20 The psychologist, who had interviewed defendant, opined that defendant was= =20 able to articulate what was occurring in the court proceedings and assist= =20 his attorney with his defense. Since defense counsel did not move in writi= ng=20 for another competency hearing and there was no evidence presented that th= e=20 earlier determination that defendant was competent to stand trial was no= =20 longer valid, the question of defendant's competence was within the=20 discretion of the presiding judge. Affirmed. =09=09 =09=09Full Text Opinion =09=09 =09=09Back to Quicklinks =20 =09=09 =09=09Issues: Unanimous verdict; Failure to instruct jury on name of the= =20 complainant and date of offense; Ineffective assistance of counsel =09=09Court: Michigan Court of Appeals (Unpublished) =09=09Case Name: People v. Wicker =09=09e-Journal Number: 10242 =09=09Judge(s): Memorandum =01) Holbrook, Jr., Hood, and Griffin =09=09 =09=09Defendant=01,s claim that the trial court erred in failing to instru= ct the=20 jury regarding the name of the complainant and the date of the offense, = =20 thereby depriving him of the right to a unanimous verdict, was without =20 merit. The general unanimity instruction was sufficient where there was no= =20 juror confusion. The trial testimony by witness-Mason established that he= =20 was not an intended victim, and the prosecutor emphasized throughout his= =20 closing argument that the victim was another man. Defendant did not take= =20 issue at trial with the date of the offense, and in fact presented an alib= i=20 for the date alleged by the prosecution. Defendant=01,s convictions were= =20 affirmed.=20 =09=09 =09=09Full Text Opinion =09=09 =09=09Back to Quicklinks =20 =09=09 =09=09Issues: The Hyde Amendment authorizing reasonable attorney fees and = =20 litigation expenses to a prevailing party in a criminal case; Standard of= =20 review for Hyde Amendment applications; Prosecution outside applicable =20 statute of limitations; Insufficient evidence; Government=01,s trial tacti= cs;=20 Defendant=01,s failure to comply with the Equal Access to Justice Act=20 =09=09Court: U.S. Court of Appeals Sixth Circuit =09=09Case Name: United States v. True =09=09e-Journal Number: 10247 =09=09Judge(s): Suhrheinrich, Guy, and Boggs =09=09 =09=09Reviewing the district court=01,s denial of defendant-True=01,s Hyde= Amendment=20 application under an abuse of discretion standard, the court affirmed=20 because True failed to meet his burden of establishing that the government= =01, s prosecution of him on price-fixing conspiracy charges was vexatious or = in=20 bad faith. Despite conflicting testimony at trial, there were sufficient= =20 facts to give the government probable cause to prosecute True and therefor= e,=20 it could not be said that the government vexatiously prosecuted him. True= =20 also failed to show that the government consciously pursued the action out= =20 of ill will towards him so that it could be said that the government acted= =20 in bad faith. While the court had some concerns about the government=01,s = delay=20 in indicting True, there was evidence to support the government=01,s posit= ion=20 that the conspiracy extended into late 1992 and even into 1993.=20 =09=09 =09=09Full Text Opinion =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Employment & Labor Law =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Back to Quicklinks =09=09 =09=09This summary also appears under Contracts =09=09 =09=09Issues: Consideration of plaintiffs=01, parol evidence of pre-employ= ment=20 discussions concerning the nature of their employment relationship with=20 defendants; Breach of contract; At-will employment; Just-cause employment;= =20 Fraud or misrepresentation; Fraud in the inducement =09=09Court: Michigan Court of Appeals (Unpublished) =09=09Case Name: Eby v. A & M Custom Built Homes, Inc. =09=09e-Journal Number: 10230 =09=09Judge(s): Per Curiam - Bandstra, Griffin, and Collins =09=09 =09=09Although the trial court erred by failing to consider plaintiffs-emp= loyees=01,=20 parol evidence of pre-employment discussions in support of their position = =20 that the employment relationship was not simply an at-will arrangement, th= e=20 court affirmed summary disposition in favor of defendants-employers with= =20 respect to plaintiffs=01, breach of contract claim. The court held that th= e=20 error was harmless because, even if plaintiffs=01, proffered parol evidenc= e was=20 considered, it failed to establish whether plaintiffs=01, employment=20 relationship with defendants properly could be considered other than=20 at-will. The letter agreement failed to contain any language that would=20 cause a reasonable person to believe that the employment relationship was= =20 terminable only for just cause. Plaintiffs did not allege any specific ora= l=20 assertions made by defendants that would constitute the required "clear an= d=20 unequivocal" language to overcome the presumption of employment at-will. = =20 Affirmed. =09=09 =09=09Full Text Opinion =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Family Law =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Back to Quicklinks =09=09 =09=09Issues: Termination of parental rights; Whether failure to secure=20 respondent-mother=01,s presence at the termination hearing deprived her of= due=20 process of law =09=09Court: Michigan Court of Appeals (Unpublished) =09=09Case Name: In re K.R.J. =09=09e-Journal Number: 10236 =09=09Judge(s): Per Curiam - Griffin, Neff, and White =09=09 =09=09The family court erred by terminating respondent-mother=01,s parenta= l rights=20 based on the failure of either parent to appear at the termination hearing= =20 because the failure to secure the respondent=01,s presence at the terminati= on =20 hearing deprived her of due process of law. Respondent=01,s parental liber= ty=20 interest in her child at the final stage of the termination proceedings wa= s=20 a compelling one. The government=01,s interest in avoiding the burden that= the=20 additional or substitute procedures would carry likewise clearly weighed i= n=20 respondent=01,s favor. Respondent was incarcerated locally, therefore the= =20 burden on the state to secure her presence would have been minimal. The=20 incremental risk of an erroneous deprivation of respondent=01,s parental r= ights=20 in the absence of the procedure demanded, tipped the scale in her favor.= =20 Reversed and remanded. =09=09 =09=09Full Text Opinion =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Litigation =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Back to Quicklinks =09=09 =09=09This summary also appears under Negligence & Intentional Tort =09=09 =09=09Issues: Trespass and invasion of privacy; Discovery (MCR 2.302(B)(1)= ); =20 Privileged communications pursuant to the Private Detective License Act;= =20 Denial of request for protective order; Ravary v. Reed =09=09Court: Michigan Court of Appeals (Unpublished) =09=09Case Name: Tezak v. Huntington Research Assocs., LTD. =09=09e-Journal Number: 10225 =09=09Judge(s): Per Curiam - Doctoroff, Cavanagh, and Meter =09=09 =09=09The trial court abused its discretion by denying defendant's motion = for a=20 protective order in total and by ordering compliance with all of=20 plaintiff's discovery requests. A statutory private investigator-client=20 privilege exists and was examined by the court in Ravary, a published =20 opinion, where the court held that any communication by a client to a=20 licensee and any information secured in connection with an assignment for = a=20 client is privileged. The trial court was bound to follow both the statute= =20 and Ravary. The applicable court rule provides that parties may obtain=20 discovery regarding any matter, not privileged, which is relevant to the= =20 subject matter involved in the pending action. Accordingly, the trial cour= t=20 should have determined which discovery requests were covered by the privat= e =20 detective-client privilege and exempted those from discovery. Reversed and= =20 remanded. =09=09 =09=09Full Text Opinion =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Municipal =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Back to Quicklinks =09=09 =09=09This summary also appears under Contracts =09=09 =09=09Issues: Garbage collection and disposal service provided to resident= ial =20 units in township under contract between township and waste management =20 company; Breach of contract claim by owner and operator of a mobile home= =20 parks located in township; Third party beneficiary status; Equal protectio= n;=20 Due process; Rational basis test =09=09Court: Michigan Court of Appeals (Unpublished) =09=09Case Name: American Presidential Estates, Inc. v. Van Buren Twp. =09=09e-Journal Number: 10223 =09=09Judge(s): Per Curiam =01) McDonald, Neff, and Fitzgerald =09=09 =09=09While the trial court properly concluded that an agreement between= =20 defendant-township and defendant-waste management company entitled mobile= =20 homes in plaintiff=01,s parks to free garbage collection, plaintiff-mobile= =20 home park owner and operator had no right to enforce the contract. The =20 trial court erred in concluding that plaintiff was a third-party beneficia= ry=20 of the agreement and awarding it damages on a breach of contract theory. T= he=20 agreement contained an express promise to act for the benefit of the=20 particular class of persons who owned and occupied private residences with= in=20 the township. Plaintiff was not an individual resident or owner of private= =20 property within the township, and the fact that it would indirectly and=20 incidentally derive benefits from its residents receiving free garbage=20 collection services was insufficient to provide it third-party beneficiary= =20 status. Reversed.=20 =09=09 =09=09Full Text Opinion =09=09 =09=09Back to Quicklinks =20 =09=09 =09=09This summary also appears under Constitutional Law =09=09 =09=09Issues: Special use permit allowing property owner to operate a busi= ness in=20 a residential neighborhood; Alleged violations of federal procedural and= =20 substantive due process rights resulting from issuance of special use perm= it =09=09Court: U.S. Court of Appeals Sixth Circuit =09=09Case Name: Brody v. City of Mason =09=09e-Journal Number: 10245 =09=09Judge(s): Cohn, Boggs, and Moore =09=09 =09=09Since the plaintiffs were allowed to participate in the special use = permit=20 decision process and the defendant-city sufficiently considered evidence a= nd=20 facts pertaining to the surrounding land before approving the permit and = =20 allowing the parking lot to be paved, the district court did not err in=20 finding that plaintiffs' procedural and substantive due process rights wer= e=20 not violated. The city granted defendant-McCalla a special use permit=20 allowing her to operate a beauty salon in a residential neighborhood and t= o=20 pave the rear yard for parking. Plaintiffs were neighboring property owner= s=20 claiming to have suffered damage caused by water runoff from the parking= =20 lot. The court concluded that plaintiffs' argument that they were denied= =20 procedural due process via a meaningful hearing was unpersuasive and that= =20 they failed to demonstrate that any actions by the city planning commissio= n,=20 the zoning board of appeals, or the zoning administrator was the result of= =20 favoritism or special treatment. Affirmed. =09=09 =09=09Full Text Opinion =09=09 =09=09Back to Quicklinks =20 =09=09 =09=09This summary also appears under Negligence & Intentional Tort =20 =09=09 =09=09Issues: Whether the police chief was entitled to governmental immuni= ty=20 because his executive authority included his duties as chief and his=20 ordinary duties as an officer; Denial of motion for reconsideration on the= =20 sufficiency of evidence that all defendants were grossly negligent; Whethe= r=20 there is a tort of "assault and battery by gross negligence"; Denial of=20 motion to "correct" complaint =20 =09=09Court: Michigan Court of Appeals (Unpublished)=20 =09=09Case Name: Lewkowicz v. Poe=20 =09=09e-Journal Number: 10228=20 =09=09Judge(s): Per Curiam - Zahra, Smolenski, and Gage=20 =09=09 =09=09Since the defendant-police chief's "executive authority" included hi= s duties=20 as a high ranking executive, as well as his duties as a police officer, an= d=20 he was directed by the mayor to attend the city council meeting in his=20 official capacity, the trial court correctly determined that the police=20 chief was entitled to absolute immunity from tort liability. Plaintiff=20 alleged that since the chief was acting as an ordinary police officer and= =20 not in his executive capacity as chief of police, when he arrested plainti= ff=20 for disrupting a cable TV control room during a city council meeting, the= =20 chief was not entitled to absolute immunity under the relevant statute. Th= e =20 chief acted within the authority granted him by law as a police officer wh= en=20 he arrested and detained plaintiff, and was entitled to absolute immunity= =20 under the statute by virtue of his status as the highest law enforcement= =20 official for the city. Summary disposition in favor of defendants was=20 affirmed.=20 =09=09 =09=09Full Text Opinion=20 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Negligence & Intentional Tort =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Back to Quicklinks =09=09 =09=09Issues: Prima facie case of negligence; Duty owed by a power compan= y to its=20 customers; Causation; Directed verdict; Res ipsa loquitor; Doctrine of=20 spoliation; SJI2d 6.01 =09=09Court: Michigan Court of Appeals (Unpublished) =09=09Case Name: Citizens Ins. Co. v. Detroit Edison =09=09e-Journal Number: 10226 =09=09Judge(s): Per Curiam =01) Bandstra, Wilder, and Collins =09=09 =09=09Plaintiffs-homeowners and their insurer failed to establish a prima = facie=20 case of negligence against defendant-power company in connection with a= =20 fire that occurred at the homeowners=01, home after defendant=01,s power l= ines=20 fell. Plaintiffs did not produce evidence from which a jury could infer th= at=20 defendant breached its duty of reasonable care with regard to the lines th= at=20 plaintiffs alleged caused the fire. Plaintiffs failed to offer evidence to= =20 establish what constitutes reasonable maintenance of electrical lines, and= =20 presented no evidence regarding when defendant last inspected or serviced= =20 the lines in question. While two experts opined that the electrical line= =20 must have fallen due to a lack of preventive maintenance, there was no =20 evidence of defendant=01,s conduct in that regard, and trial testimony pro= vided=20 alternative theories on the causation issue. Directed verdict for Detroit= =20 Edison was appropriate. Affirmed. =09=09 =09=09Full Text Opinion =09=09 =09=09Back to Quicklinks =20 =09=09 =09=09This summary also appears under Municipal =09=09 =09=09Issues: Whether the police chief was entitled to governmental immuni= ty =20 because his executive authority included his duties as chief and his=20 ordinary duties as an officer; Denial of motion for reconsideration on the= =20 sufficiency of evidence that all defendants were grossly negligent; Whethe= r=20 there is a tort of "assault and battery by gross negligence"; Denial of=20 motion to "correct" complaint =09=09Court: Michigan Court of Appeals (Unpublished) =09=09Case Name: Lewkowicz v. Poe =09=09e-Journal Number: 10228 =09=09Judge(s): Per Curiam - Zahra, Smolenski, and Gage =09=09 =09=09Since the defendant-police chief's "executive authority" included hi= s duties=20 as a high ranking executive, as well as his duties as a police officer, an= d=20 he was directed by the mayor to attend the city council meeting in his =20 official capacity, the trial court correctly determined that the police=20 chief was entitled to absolute immunity from tort liability. Plaintiff=20 alleged that since the chief was acting as an ordinary police officer and= =20 not in his executive capacity as chief of police, when he arrested plainti= ff=20 for disrupting a cable TV control room during a city council meeting, the= =20 chief was not entitled to absolute immunity under the relevant statute. Th= e=20 chief acted within the authority granted him by law as a police officer wh= en=20 he arrested and detained plaintiff, and was entitled to absolute immunity= =20 under the statute by virtue of his status as the highest law enforcement = =20 official for the city. Summary disposition in favor of defendants was=20 affirmed. =09=09 =09=09Full Text Opinion =09=09 =09=09Back to Quicklinks =20 =09=09 =09=09This summary also appears under Construction Law =09=09 =09=09Issues: General rule regarding the liability of property owner and g= eneral =20 contractor for injuries to independent subcontractor's employees; Three=20 exceptions to the general rule; Premises liability =09=09Court: Michigan Court of Appeals (Unpublished) =09=09Case Name: Nagy v. Consumers Power Co. =09=09e-Journal Number: 10222 =09=09Judge(s): Per Curiam - Whitbeck, McDonald, and Collins =09=09 =09=09The trial court erred in finding that a question of fact existed whe= ther an=20 exception applied to the general rule that neither a general contractor no= r =20 a landowner is liable in negligence for injuries to an independent =20 subcontractor's employees. Two construction workers were killed and one=20 injured in a construction site accident where plaintiffs inexplicably=20 decided to push their scaffold directly toward overhead power lines. The= =20 court examined the three exceptions to the general rule, determined that= =20 none of the three exceptions applied, concluded that the trial court=20 incorrectly found that a question of fact concerning the issue of liabilit= y=20 was sufficiently raised by the pleadings, and held that neither=20 defendant-Venchurs nor defendant-Gocon were liable in negligence for=20 plaintiffs' injuries. Reversed in part, affirmed in part, and remanded for= =20 entry of an order granting defendants summary disposition. =09=09 =09=09Full Text Opinion =09=09 =09=09Back to Quicklinks =20 =09=09 =09=09This summary also appears under Litigation =09=09 =09=09Issues: Trespass and invasion of privacy; Discovery (MCR 2.302(B)(1)= ); =20 Privileged communications pursuant to the Private Detective License Act;= =20 Denial of request for protective order; Ravary v. Reed =09=09Court: Michigan Court of Appeals (Unpublished) =09=09Case Name: Tezak v. Huntington Research Assocs., LTD. =09=09e-Journal Number: 10225 =09=09Judge(s): Per Curiam - Doctoroff, Cavanagh, and Meter =09=09 =09=09The trial court abused its discretion by denying defendant's motion = for a=20 protective order in total and by ordering compliance with all of=20 plaintiff's discovery requests. A statutory private investigator-client=20 privilege exists and was examined by the court in Ravary, a published =20 opinion, where the court held that any communication by a client to a=20 licensee and any information secured in connection with an assignment for = a=20 client is privileged. The trial court was bound to follow both the statute= =20 and Ravary. The applicable court rule provides that parties may obtain=20 discovery regarding any matter, not privileged, which is relevant to the= =20 subject matter involved in the pending action. Accordingly, the trial cour= t=20 should have determined which discovery requests were covered by the privat= e =20 detective-client privilege and exempted those from discovery. Reversed and= =20 remanded. =09=09 =09=09Full Text Opinion =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Qui Tam =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Back to Quicklinks =09=09 =09=09Issues: Qui tam action; False Claims Act (FCA) =09=09Court: U.S. Court of Appeals Sixth Circuit =09=09Case Name: Varljen v. Cleveland Gear Co., Inc. =09=09e-Journal Number: 10246 =09=09Judge(s): Siler, Nelson, and Clay=20 =09=09 =09=09The district court erred in granting defendants=01, motion to dismis= s based on=20 plaintiffs-relators failure to allege that the United States had suffered = an=20 injury in its dealings with defendant-Cleveland Gear because the trial =20 court relied upon the fact that the government had inspected and accepted= =20 the items in question. Plaintiffs=01, complaint should have survived the m= otion=20 because it clearly alleged an FCA "injury", it was not essential for an FC= A=20 plaintiff to allege damages, the government inspection was irrelevant, and= =20 the relative quality of conforming and nonconforming products in an FCA=20 case. Plaintiffs had a contract with the United States Department of Defen= se=20 and subcontracted with Cleveland Gear. Plaintiffs alleged that=20 defendant-Cleveland Gear made changes that violated the contract=20 specifications and attempted to produce gears more cheaply that would=20 nonetheless pass government inspection. Defendant-Cleveland Gear's=20 certification that it had complied with the "Quality Assurance=20 Requirements," including inspection, was false. Reversed and remanded.????= ? =09=09 =09=09Full Text Opinion =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09fields of practice listings =09=09 =09=09 =09=09 =09=09 =09=09 =09=09ADR/Arbitration/Mediation =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09ASHER N. TILCHIN, a member of the American College of Civil Trial M= ediators=20 and Michigan Arbitration and Mediation Association provides mediation for= =20 pre, early, and matured lawsuits. He has been a successful mediator since = =20 1991. Tilchin also provides arbitration services as a single or multi-pane= l=20 arbitrator. Cases involving construction, real estate, commercial=20 transactions, and legal malpractice invited. Asher N. Tilchin, 31731=20 Northwestern Hwy., Suite 106, Farmington Hills, MI 48334, (248)855-0995 or= =20 Fax (248) 855-0850, e-mail antilchin@aol.com =09=09 =09=09Back to Quicklinks =20 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Administrative Law =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09JAMES R. VIVENTI, James R Viventi PLLC, 3670 Powderhorn Drive, Okemo= s, MI=20 48864-5924, Phone: (517) 381-0670, FAX: (517) 381-0671.=20 =09=09 =09=09Back to Quicklinks =20 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Adoption =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09MONICA FARRIS LINKNER, Sommers, Schwartz, Silver & Schwartz, PC, 200= 0 Town=20 Center, Suite 900, Southfield, MI 48075-1100, Phone: (248) 746-4011, FAX:= =20 (248) 936-1976, e-mail: mlinkner@s4online.com. =20 =09=09 =09=09Back to Quicklinks =20 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Alternative Dispute Resolution =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09DONNA CRAIG, Donna Craig & Associates PLC, 999 Haynes Street, Suite = 245,=20 Birmingham, MI 48009, Phone: (248) 682-7750, FAX: (248) 682-2376, e-mail:= =20 craigassoc@earthlink.net. Visit www.adr-resource.com =09=09 =09=09Back to Quicklinks =20 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Antitrust/Advertising/Trade Regulation =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09DAVID G. CHARDAVOYNE specializes in the regulation of business comp= etition,=20 including: antitrust law, unfair competition, and the regulation of=20 advertising, labeling, and other trade practices. Former Chairperson of=20 State Bar antitrust and trade regulation section, more than 15 years'=20 experience in this field. Will consult regarding antitrust issues=20 (monopolies, mergers, price fixing, exclusive dealing, tying arrangements,= =20 price discrimination, dealer termination, market allocation); premerger = =20 notice filings under Hart-Scott-Rodino Act; discussions with State and=20 Federal regulatory agencies (FTC, Justice Department, Attorney General);= =20 compliance with laws regulating advertising (substantiation of claims,=20 product labels, consumer price displays); and all other matters relating t= o=20 business competition. David G. Chardavoyne, 26755 La Muera Ave., Farmingto= n=20 Hills, MI 48334-4613, (248) 477-6308, e-mail chardavoyne@aol.com =09=09 =09=09Back to Quicklinks =20 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Appeals =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09LAURIE S. LONGO, 214 South Main, Suite 210, Ann Arbor, MI 48104-2122= , Phone:=20 (734) 913-5619, e-mail: 42203@msn.com. Visit http://michiganappeals.com. = =20 =09=09 =09=09Back to Quicklinks =20 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Appellate Law =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09SAFFORD & BAKER, PLLC, 40900 Woodward Avenue, Suite 110, Bloomfield = Hills,=20 MI 48304, Phone: (248) 646-9100, FAX: (248) 646-9102. Visit =20 www.saffordbaker.com =09=09 =09=09Back to Quicklinks =20 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Automobile Warranty Law =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09LIBLANG & ASSOCIATES: Specializing in "Lemon Law", UCC, Magnuson-Mo= ss,=20 Odometer Fraud and Consumer Protection Act. Available for trials,=20 consultations or referrals. Cases accepted statewide. Over 17 years and=20 5,000 cases. Michigan's most experienced lemon law attorneys, Dani K. =20 Liblang and Scott J. Sinkwitts. Please call (248) 540-9270 or e-mail =20 NoLemons@aol.com=20 =09=09 =09=09Back to Quicklinks =20 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Business & Taxation =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09LAW OFFICES OF RALPH W. PEZDA. Oakland County practitioner with an = LL.M.=20 degree in taxation from New York University will assist your clients or fi= rm=20 with taxation, business, interdisciplinary, and white collar criminal=20 matters. Referrals paid. 27700 Northwestern Hwy., Suite 411, Southfield, = MI=20 48034. (248) 352-5632. E-mail address: rwp@cdlcorp.com =09=09 =09=09Back to Quicklinks =20 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Construction Law =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09JOHN V. TOCCO, attorney, construction engineer, and civil engineeri= ng=20 professor, with over twenty years experience in the construction industry,= =20 provides mediation and arbitration services for all construction matters.= =20 Also provides litigation support and claims analysis. Cases accepted=20 statewide. Call (313) 406-2040 for CV, or review Profile at=20 www.johntocco.com E-mail john@johntocco.com =09=09 =09=09Back to Quicklinks =20 =09=09 =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@lnilaw.com). =20 =09=09 =09=09Back to Quicklinks =20 =09=09 =09=09INSURANCE CLAIMS attorney needed for growing company in pleasant, sm= all =20 town environment. 3-5 years experience in claims and/or litigation =20 supervision with a property/casualty insurance company or insurance defens= e=20 firm mandatory. Member of the State Bar of Michigan required. Send resume = to=20 jhutchins@hastingsmutual.com or mail to Hastings Mutual Insurance Co., Att= n:=20 Human Resources, 404 E. Woodlawn Avenue, Hastings, MI 49058. =20 =09=09 =09=09Back to Quicklinks =20 =09=09 =09=09PART-TIME LAWYER FOR HARLEY-DAVIDSON MICHIGAN, INC.=01*Lawyer needed= (15 - 20=20 hrs/wk) at busy domestic and international Fortune 500 corporate trademark= =20 law practice in Ann Arbor, Michigan. Strong analytical and writing skills= =20 and excellent attention to detail are required. This is a year-round=20 position. Please do not apply unless you have an interest in practicing=20 trademark law. No telephone calls, please. Send your resume to: Ann Jackso= n,=20 Harley-Davidson Michigan, Inc., 315 W. Huron Street, Suite 400, Ann Arbor,= =20 Michigan 48103. =20 =09=09 =09=09Back to Quick
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