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[IMAGE] [IMAGE] Ad 1 [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, June 4, 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=09Business Law =20 =09=09Civil Rights =20 =09=09Contracts =20 =09=09Criminal Law =20 =09=09Employment & Labor Law =20 =09=09Family Law =20 =09=09Litigaton =20 =09=09Negligence & Intentional Tort =20 =09=09 =09=09Special Note: Today's e-Journal includes summaries of three Sixth C= ircuit=20 Court of Appeals opinions in the following practice areas: Business Law,= =20 Civil Rights, Criminal Law, and Employment & Labor Law. =09=09 =09=09[IMAGE] =20 =09=09 =09=09 =09=09?editorial =09=09Please click here to read today's Other Editorial =09=09 =20 =09=09 =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=09Barry C. Burnette, Jr.=20 =09=09Margaret A. Chamberlain=20 =09=09Arthur H. Clarke, III=20 =09=09Debra Auerbach Clephane=20 =09=09Kimberly J. Commins=20 =09=09Jennifer G. Damico and John C. Stevenson =09=09Timothy A. Fusco=20 =09=09Stephen E. Handelman=20 =09=09Keith James=20 =09=09L. Chadwick Nash=20 =09=09Gary K. Mielock=20 =09=09Richard E. Rosenberg =09=09Robert G. Teeter=20 =09=09G. Thomas Williams=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=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Business 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:? Securities fraud class action; Pleadings standard created b= y the=20 Private Securities Litigation Reform Act; The Safe Harbor provision for=20 =01&forward-looking statements=018; Hoffman v. Comshare; District court=01= ,s=20 conversion of motion to dismiss into one for summary judgment =09=09Court:? U.S. Court of Appeals Sixth Circuit =09=09Case Name:? Helwig v. Vencor, Inc. =09=09e-Journal Number:? 10454 =09=09Judge(s):? En banc =01) Merritt, Martin, Daughtrey, Moore, Cole, Cla= y, and=20 Gilman; Dissent =01) Kennedy, Boggs, Norris, Suhrheinrich, Siler, and Batc= helder =09=09 =09=09Plaintiffs stated a claim for securities fraud by creating a =01&str= ong=20 inference=018 that defendants projected financial wellbeing at a time when= =20 they had actual knowledge that their statements were false or misleading, = =20 while knowingly omitting material facts that would have tempered their=20 optimism. Plaintiffs=01, allegations suggested that it must have become ob= vious=20 that the impact of the Balanced Budget Act would be adverse to=20 defendant-corporation, a health care provider, yet defendants persisted in= =20 making favorable predictions and feigning ignorance of the Act=01,s potent= ial=20 negative impact on earnings. The district court=01,s order dismissing plai= ntiff=01, s action for failure to state a claim was reversed as to plaintiffs=01,=20 allegations regarding defendants=01, projections and disclaimers of knowle= dge=20 about the Balanced Budget Act, and remanded for further discovery and=20 proceedings. =20 =09=09 =09=09Full Text Opinion =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Civil Rights=20 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Back to Quicklinks =09=09 =09=09This summary also appears under Employment & Labor Law =09=09 =09=09Issues: Racial discrimination; Intentional infliction of emotional d= istress =09=09Court: Michigan Court of Appeals (Unpublished) =09=09Case Name: Anchrum v. Airtouch Cellular =09=09e-Journal Number: 10349 =09=09Judge(s): Per Curiam - Zahra, Smolenski, and Gage =09=09 =09=09Plaintiff's claim that she was terminated from employment based on r= ace=20 failed as a matter of law because she did not present evidence suggesting = =20 that any similarly situated non-African-American employee was treated =20 differently for the same or similar conduct. Plaintiff was terminated =20 allegedly because she failed to provide documentation of coaching sessions= =20 she was required to perform with her direct employees. Defendant-employer= =20 claimed plaintiff was unable to confirm the coaching sessions took place.= =20 Plaintiff noted that one Caucasian supervisor was merely written up for=20 failing to coach her employees. However, there was no evidence that any of= =20 the other supervisors were ever believed to have falsified coaching report= s.=20 Further, defendants met their burden of presenting a legitimate,=20 nondiscriminatory reason for plaintiff's discharge when they asserted that= =20 she was terminated because she was believed to have falsified the coaching= =20 reports and plaintiff failed to present sufficient evidence to rebut that = =20 claim. Affirmed.=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: The Americans with Disabilities Act (ADA); Whether defendant= 's job=20 rotation concept violated the ADA; Evidence that plaintiff was disabled=20 within the meaning of the ADA; Whether plaintiff was otherwise qualified;= =20 Whether defendant failed to provide reasonable accommodation; Improper ord= er=20 that the jury verdict not be entered =09=09Court: U.S. Court of Appeals Sixth Circuit =09=09Case Name: Kiphart v. Saturn Corp. =09=09e-Journal Number: 10453 =09=09Judge(s): Collier, Daughtrey, and Gilman =09=09 =09=09The plaintiff-employee presented sufficient evidence to support the = jury's=20 verdict in his favor because he established that (1) he was substantially= =20 limited in his ability to perform manual tasks, (2) the full task rotation= =20 was not an essential job function and plaintiff was otherwise qualified, a= nd=20 (3) defendant failed to provide reasonable accommodation. Plaintiff allege= d=20 that defendant improperly used its concept of job rotation, under which ea= ch=20 member of a work team rotated through each of the jobs assigned to the tea= m,=20 to justify its refusal to place him on any team assigned one or more tasks= =20 he could not perform in violation of the ADA. Once the jury determined tha= t=20 full task rotation was not an essential job function, as alleged by=20 defendant, and plaintiff was otherwise qualified, the jury could have=20 reasonably determined that, given the imperfect implementation of the job= =20 rotation system, defendant's de facto requirement that only restricted=20 employees be fully functional/fully rotational was unreasonable. The jury = =20 could have reasonably concluded that the hardship of accommodating plainti= ff=20 by allowing him not to perform the one or two team tasks he could not=20 perform would not have unduly burdened defendant. Reversed and remanded. =09=09 =09=09Full Text Opinion =09=09 =09=09Back to Quicklinks =20 =09=09 =09=09This summary also appears under Negligence & Intentional Tort =09=09 =09=09Issues:? Bystander claim of infliction of emotional distress; Qualif= ied =20 immunity; Punitive damages; Remittur; Sufficient evidence to support a=20 finding that excessive force was used during arrest in violation of=20 plaintiff=01,s civil rights; JNOV; Assault and battery; Whether attorney= =01,s=20 closing remarks were inflammatory and caused verdict to be influenced by= =20 passion and prejudice; Hearsay; Adoptive admission hearsay exception;=20 Special verdict individually designating defendants =09=09Court:? Michigan Court of Appeals (Unpublished) =09=09Case Name:? Sudul v. Donnell =09=09e-Journal Number:? 10354 =09=09Judge(s):? Per Curiam =01) Hoekstra, Cavanagh, and Gage =09=09 =09=09The trial court erred in denying defendants-police officers=01, moti= ons for=20 JNOV regarding plaintiff-Bernard Sudul=01,s bystander claim of negligent= =20 infliction of emotional distress, but evidence presented at trial on=20 plaintiff-Anthony Sudul=01,s o 1983 claim was legally sufficient to suppor= t a=20 jury finding that the force defendants used during his arrest was=20 unreasonable. Defendants were not entitled to qualified immunity on the o= =20 1983 claim, but the infliction of emotional distress claim was barred by= =20 governmental immunity. The trial court also did not abuse its discretion i= n=20 determining that defendants were not entitled to a new trial on either=20 Anthony Sudul=01,s o 1983 claim or his assault and battery claim. Affirmed= in=20 part, reversed in part, and remanded for further consideration of=20 defendants=01, motions for remittur or new trial on the basis that the jur= y=01,s=20 damage award was clearly excessive.=20 =09=09 =09=09Full Text Opinion =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Contracts=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 Litigation =09=09 =09=09Issues:? Finding that performance of contract was impossible; Postur= e of=20 the case; Liquidated damages clause; Ruling that plaintiff was barred from= =20 further suits by res judicata and collateral estoppel =09=09Court:? Michigan Court of Appeals (Unpublished) =09=09Case Name:? Rock Constr., Inc. v. Onyebuchi =09=09e-Journal Number:? 10386 =09=09Judge(s):? Per Curiam =01) Holbrook, Jr., Hood, and Griffin =09=09 =09=09While the posture of the case did not preclude the ruling, the trial= court=20 erred in concluding that defendants=01, failure to secure financing was=20 excused by the defense of impossibility. Defendants=01, failure to secure= =20 financing was reasonably foreseeable, and terms of the parties=01, contrac= t=20 indicated that they had expressly considered and contemplated that=20 possibility. However, given the equities of the case, the trial court did= =20 not err when it granted defendants the right to recover their $13,000 dow= n=20 payment despite the terms of the contract=01,s liquidated damages clause.= =20 Plaintiff was granted the right to sell the house, which had increased in= =20 value during the period between the contract and the lawsuit. The trial=20 court also incorrectly ruled that plaintiff was barred from further suit b= y=20 res judicata and collateral estoppel, because this ruling was premature.= =20 Affirmed in part and reversed in part, with defendants being allowed to ta= x=20 costs.=20 =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:? Placement of juvenile offender in the custody of the Family= =20 Independence Agency (FIA) =09=09Court:? Michigan Court of Appeals (Unpublished) =09=09Case Name:? In re Bonaroti =09=09e-Journal Number:? 10456 =09=09Judge(s):? Memorandum =01) Jansen, Zahra, and Owens =09=09 =09=09Placement of the juvenile defendant with the FIA was not a=20 disproportionately severe punishment. Following the juvenile=01,s plea of= =20 guilty to resisting and obstructing a police officer and malicious=20 destruction of property over $100, he was warned to attend school and not= =20 get suspended. After the juvenile transferred schools to get out of troubl= e,=20 he was suspended twice within the first month. The juvenile also had =20 failing grades and was well below his grade level in reading. The trial=20 court did not abuse its discretion in placing the juvenile with the FIA.= =20 Affirmed. =09=09 =09=09Full Text Opinion =09=09 =09=09Back to Quicklinks =20 =09=09 =09=09Issues:? Sufficient evidence to support conviction of felonious assa= ult =09=09Court:? Michigan Court of Appeals (Unpublished) =09=09Case Name:? People v. Baskin =09=09e-Journal Number:? 10455 =09=09Judge(s):? Memorandum =01) Jansen, Zahra, and Owens =09=09 =09=09The trial court=01,s findings in defendant=01,s bench trial, resulti= ng in his=20 conviction of felonious assault, were sufficient to support defendant=01,s= =20 conviction. Although the trial court was unable to completely accept the= =20 testimony of any of the witnesses, and acquitted defendant on five of the = =20 six charges against him, it found that defendant struck the victim in the= =20 head with a baseball bat. That finding was amply supported by the evidence= ,=20 which did not clearly weigh in defendant=01,s favor. A baseball bat, when = used=20 to inflict injury, can constitute a dangerous weapon. Affirmed. =09=09 =09=09Full Text Opinion =09=09 =09=09Back to Quicklinks =20 =09=09 =09=09Issues: Entrapment; Prosecutorial misconduct =09=09Court: Michigan Court of Appeals (Unpublished) =09=09Case Name: People v. Gilders=20 =09=09e-Journal Number: 10372 =09=09Judge(s): Per Curiam - Neff, Fitzgerald, and Markey =09=09 =09=09The trial court properly found that the undercover officer did nothi= ng but=20 offer defendant the opportunity to commit the crime and defendant was not= =20 entrapped by the undercover officer's conduct. Defendant argued that he on= ly=20 wanted to purchase one ounce of cocaine and that the officer's conduct in= =20 refusing to deal in any amount less than two ounces was entrapment. The=20 officer put the word out on the street that he had cocaine for sale but=20 would not sell less than two ounces. Defendant contacted the officer=20 numerous times to make a deal. His problem was not that he did not want tw= o=20 ounces but that he could not afford two ounces at once. After obtaining=20 sufficient cash to complete a two-ounce transaction, the defendant did not= =20 hesitate to contact the officer. The evidence did not indicate that the us= e =20 of a two-ounce minimum was intended as a means to enhance possible =20 sentences. The conduct of the police was not so outrageous that it overcam= e=20 the will of defendant. Affirmed. =09=09 =09=09Full Text Opinion =09=09 =09=09Back to Quicklinks =20 =09=09 =09=09Issues:? Circuit court jurisdiction; Prosecutor=01,s charging proced= ure; =20 Amendment of information to reinstate charges; District court refusal to= =20 bind over solely on basis it disbelieved the complainant=01,s testimony at= the=20 preliminary examination; Sentencing; Response to challenges to PSIR =09=09Court:? Michigan Court of Appeals (Unpublished) =09=09Case Name:? People v. Rivera =09=09e-Journal Number:? 10365 =09=09Judge(s):? Per Curiam =01) Neff, Fitzgerald, and Markey =09=09 =09=09Although somewhat irregular, the prosecutor=01,s procedures in this = matter=20 provided the circuit court with jurisdiction over each of the charged=20 crimes. The circuit court possessed jurisdiction to join the misdemeanor = =20 assault charge pending before the district court, which was reduced after= =20 preliminary examination from a charge of assault with intent to commit=20 murder, with the felony kidnapping charge pending before the circuit court= .=20 Defendant identified no authority or rationale that would deny the circuit= =20 court jurisdiction over a separately charged misdemeanor arising from the= =20 same criminal act or occurrence as felony charges already pending in the= =20 circuit court. The circuit court=01,s amendment of the information to rein= state=20 charges dismissed by the district court after the preliminary examination= =20 also did not constitute unfair surprise. Defendant=01,s conviction and=20 sentence was affirmed. =09=09 =09=09Full Text Opinion =09=09 =09=09Back to Quicklinks =20 =09=09 =09=09Issues:? Other acts evidence; Application of the VanderVliet test; = =20 Ineffective assistance of counsel for failure to challenge competency of= =20 seven-year old to testify; Proportionality of sentence of 72 to 180 months= =01,=20 imprisonment for CSC III =09=09Court:? Michigan Court of Appeals (Unpublished) =09=09Case Name:? People v. Stoutmiles =09=09e-Journal Number:? 10395 =09=09Judge(s):? Per Curiam =01) Collins, Hokestra, and Gage =09=09 =09=09Evidence of a previous sexual act that defendant allegedly committed= =20 against a seven-year old was properly admitted because it met each prong = of=20 the VanderVliet test. The evidence was offered for a proper purpose, to sh= ow=20 a scheme or plan by defendant to commit the crime in his living room despi= te=20 the presence of others. Defendant=01,s theory was that the victim was=20 fabricating the accusations. The evidence was relevant because it made=20 defendant=01,s guilt more probable than it would have been without the=20 evidence. Since defendant had previously committed unlawful sexual acts in= =20 his crowded living room, it was not implausible for him to have performed= =20 similar acts on the complainant under similar circumstances. The evidence= =01,s=20 probative value was not substantially outweighed by the risk of unfair=20 prejudice, and the trial court gave a limiting instruction. Defendant=01,s= =20 conviction and sentence were affirmed. =09=09 =09=09Full Text Opinion =09=09 =09=09Back to Quicklinks =20 =09=09 =09=09Issues:? Withdrawal of guilty plea; Effect of deferral of acceptance= of=20 plea pending review of a not yet prepared presentence report; Fed. R. Crim= .=20 P. 32(e); A fair and just reason for withdrawal of plea=20 =09=09Court:? U.S. Court of Appeals Sixth Circuit =09=09Case Name:? United States v. Mader =09=09e-Journal Number:? 10452 =09=09Judge(s):? Krupansky, Boggs, and Batchelder =09=09 =09=09Defendant had to provide a fair and just reason to support withdrawa= l of his=20 guilty plea, even though that plea had not yet been accepted by the=20 district court, and he failed to do so. At the plea hearing, the district = =20 court deferred acceptance of the plea and the plea agreement pending revie= w=20 of a not yet prepared presentence report. Contrary to defendant=01,s argum= ent,=20 that did not allow him to withdraw the plea without any justification.=20 Defendant=01,s contention that he had a fair and just reason to withdraw h= is=20 plea was also unavailing. Defendant knew at the time of the plea hearing= =20 that the gun that he ostensibly sold to the eventual murderer of a police= =20 officer had jammed at the scene of that shooting and was not the gun that= =20 killed the officer. The only new information in the presentence report was= =20 the government=01,s admission that defendant did not sell that gun directl= y to=20 the murderer. Denial of defendant=01,s motion to withdraw his plea was aff= irmed. =09=09 =09=09Full Text Opinion =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Employment & Labor Law=20 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Back to Quicklinks =09=09 =09=09This summary also appears under Civil Rights =09=09 =09=09Issues: Racial discrimination; Intentional infliction of emotional d= istress =09=09Court: Michigan Court of Appeals (Unpublished) =09=09Case Name: Anchrum v. Airtouch Cellular =09=09e-Journal Number: 10349 =09=09Judge(s): Per Curiam - Zahra, Smolenski, and Gage =09=09 =09=09Plaintiff's claim that she was terminated from employment based on r= ace=20 failed as a matter of law because she did not present evidence suggesting = =20 that any similarly situated non-African-American employee was treated =20 differently for the same or similar conduct. Plaintiff was terminated =20 allegedly because she failed to provide documentation of coaching sessions= =20 she was required to perform with her direct employees. Defendant-employer= =20 claimed plaintiff was unable to confirm the coaching sessions took place.= =20 Plaintiff noted that one Caucasian supervisor was merely written up for=20 failing to coach her employees. However, there was no evidence that any of= =20 the other supervisors were ever believed to have falsified coaching report= s.=20 Further, defendants met their burden of presenting a legitimate,=20 nondiscriminatory reason for plaintiff's discharge when they asserted that= =20 she was terminated because she was believed to have falsified the coaching= =20 reports and plaintiff failed to present sufficient evidence to rebut that = =20 claim. Affirmed.=20 =09=09 =09=09Full Text Opinion =09=09 =09=09Back to Quicklinks=20 =09=09 =09=09This summary also appears under Civil Rights =09=09 =09=09Issues: The Americans with Disabilities Act (ADA); Whether defendant= 's job=20 rotation concept violated the ADA; Evidence that plaintiff was disabled=20 within the meaning of the ADA; Whether plaintiff was otherwise qualified;= =20 Whether defendant failed to provide reasonable accommodation; Improper ord= er=20 that the jury verdict not be entered =09=09Court: U.S. Court of Appeals Sixth Circuit =09=09Case Name: Kiphart v. Saturn Corp. =09=09e-Journal Number: 10453 =09=09Judge(s): Collier, Daughtrey, and Gilman =09=09 =09=09The plaintiff-employee presented sufficient evidence to support the = jury's=20 verdict in his favor because he established that (1) he was substantially= =20 limited in his ability to perform manual tasks, (2) the full task rotation= =20 was not an essential job function and plaintiff was otherwise qualified, a= nd=20 (3) defendant failed to provide reasonable accommodation. Plaintiff allege= d=20 that defendant improperly used its concept of job rotation, under which ea= ch=20 member of a work team rotated through each of the jobs assigned to the tea= m,=20 to justify its refusal to place him on any team assigned one or more tasks= =20 he could not perform in violation of the ADA. Once the jury determined tha= t=20 full task rotation was not an essential job function, as alleged by=20 defendant, and plaintiff was otherwise qualified, the jury could have=20 reasonably determined that, given the imperfect implementation of the job= =20 rotation system, defendant's de facto requirement that only restricted=20 employees be fully functional/fully rotational was unreasonable. The jury = =20 could have reasonably concluded that the hardship of accommodating plainti= ff=20 by allowing him not to perform the one or two team tasks he could not=20 perform would not have unduly burdened defendant. 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 under o 19b(3)(g) =09=09Court:? Michigan Court of Appeals (Unpublished) =09=09Case Name:? In re Breon =09=09e-Journal Number:? 10401 =09=09Judge(s):? Per Curiam =01) McDonald, Murphy, and Meter =09=09 =09=09The family court did not clearly error in terminating respondent-fat= her=01,s=20 parental rights because several factors demonstrated that, without regard = =20 to intent, he could not provide proper care for the children and would not= =20 be able to do so within a reasonable time. A foster care worker testified= =20 that respondent was dismissed from a drug treatment program because of a= =20 relapse and an altercation with a worker. The foster care worker also=20 testified that respondent (1) failed to complete the aftercare portion of= =20 another drug treatment program, (2) failed to provide documentation=20 regarding parenting classes, and (3) had inadequate housing. Respondent=20 admitted that he had inadequate housing and failed to provide documentatio= n=20 of compliance with his treatment plan. Affirmed. =09=09 =09=09Full Text Opinion =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Litigation=20 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09 =09=09Back to Quicklinks =09=09 =09=09Issues:? Res judicata =09=09Court:? Michigan Court of Appeals (Unpublished) =09=09Case Name:? Creer v. Hills =09=09e-Journal Number:? 10457 =09=09Judge(s):? Memorandum =01) McDonald, Smolenski, and Kelly =09=09 =09=09The trial court properly found that plaintiff attempted to split his= cause=20 of action to avoid the effect of an arbitration order entered in an earlie= r =20 case and that this suit was barred by the doctrine of res judicata. Both= =20 actions were based on the same occurrence, and since the defendant in this= =20 action was president of the defendant-corporation in the prior action, the= =20 defendants were essentially the same. This action did not allege a new bas= is=20 for liability, and the claim against the builder=01,s trust fund implicate= d the=20 corporation=01,s liability, not the individual=01,s. Affirmed. =09=09 =09=09Full Text Opinion =09=09 =09=09Back to Quicklinks=20 =09=09 =09=09This summary also appears under Contracts =09=09 =09=09Issues:? Finding that performance of contract was impossible; Postur= e of=20 the case; Liquidated damages clause; Ruling that plaintiff was barred from= =20 further suits by res judicata and collateral estoppel =09=09Court: Michigan Court of Appeals (Unpublished) =09=09Case Name:? Rock Constr., Inc. v. Onyebuchi =09=09e-Journal Number:? 10386 =09=09Judge(s):? Per Curiam =01) Holbrook, Jr., Hood, and Griffin =09=09 =09=09While the posture of the case did not preclude the ruling, the trial= court=20 erred in concluding that defendants=01, failure to secure financing was=20 excused by the defense of impossibility. Defendants=01, failure to secure= =20 financing was reasonably foreseeable, and terms of the parties=01, contrac= t=20 indicated that they had expressly considered and contemplated that=20 possibility. However, given the equities of the case, the trial court did= =20 not err when it granted defendants the right to recover their $13,000 dow= n=20 payment despite the terms of the contract=01,s liquidated damages clause.= =20 Plaintiff was granted the right to sell the house, which had increased in= =20 value during the period between the contract and the lawsuit. The trial=20 court also incorrectly ruled that plaintiff was barred from further suit b= y=20 res judicata and collateral estoppel, because this ruling was premature.= =20 Affirmed in part and reversed in part, with defendants being allowed to ta= x=20 costs.=20 =09=09 =09=09Full Text Opinion =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=09This summary also appears under Civil Rights =09=09 =09=09Issues:? Bystander claim of infliction of emotional distress; Qualif= ied =20 immunity; Punitive damages; Remittur; Sufficient evidence to support a=20 finding that excessive force was used during arrest in violation of=20 plaintiff=01,s civil rights; JNOV; Assault and battery; Whether attorney= =01,s=20 closing remarks were inflammatory and caused verdict to be influenced by= =20 passion and prejudice; Hearsay; Adoptive admission hearsay exception;=20 Special verdict individually designating defendants =09=09Court:? Michigan Court of Appeals (Unpublished) =09=09Case Name:? Sudul v. Donnell =09=09e-Journal Number:? 10354 =09=09Judge(s):? Per Curiam =01) Hoekstra, Cavanagh, and Gage =09=09 =09=09The trial court erred in denying defendants-police officers=01, moti= ons for=20 JNOV regarding plaintiff-Bernard Sudul=01,s bystander claim of negligent= =20 infliction of emotional distress, but evidence presented at trial on=20 plaintiff-Anthony Sudul=01,s o 1983 claim was legally sufficient to suppor= t a=20 jury finding that the force defendants used during his arrest was=20 unreasonable. Defendants were not entitled to qualified immunity on the o= =20 1983 claim, but the infliction of emotional distress claim was barred by= =20 governmental immunity. The trial court also did not abuse its discretion i= n=20 determining that defendants were not entitled to a new trial on either=20 Anthony Sudul=01,s o 1983 claim or his assault and battery claim. Affirmed= in=20 part, reversed in part, and remanded for further consideration of=20 defendants=01, motions for remittur or new trial on the basis that the jur= y=01,s=20 damage award was clearly excessive.=20 =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=09BLOOMFIELD HILLS OFFICE SPACE--Great location on Woodward Avenue jus= t north =20 of Opdyke. 2,864 square feet. Reasonable rates. For more information, =20 contact Steve McCollum at 248.205.2767.=20 =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=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 =20 leave or disability? Do you need legal briefs, motions or complaints filed= =20 today? I CAN HELP!!! Fast and dependable. SPEEDY FINGERS AT YOUR SERVICE!= =20 Visit my web page at www.gnrtyping.com for more information, call=20 734-416-9464; Fax: 734-416-9434; or e-mail: geri@gnrtyping.com 24 hours 7= =20 days a week.=20 =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=09Tuesday, May 29 e-Journal =09=09 =09=09Wednesday, May 30 e-Journal =09=09 =09=09Thursday, May 31 e-Journal =20 =09=09 =09=09Friday, June 1 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
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