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Date:Mon, 21 May 2001 09:22:00 -0700 (PDT)

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=09=09State Bar of Michigan e-Journal for Tuesday, May 22, 2001
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=09=09Constitutional Law =20
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=09=09Special Note: Today's e-Journal includes summaries of three Court o=
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Appeals published opinions and one U. S. Sixth Circuit Court of Appeals=20
opinion in the following practice areas: Constitutional Law, Criminal Law,=
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=09=09Justice Marilyn Kelly Keynote Speaker at Jury Inservice Program
=09=09Free Statewide Seminar on Domestic Violence Set for May 31st
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=09=09PCLS/MAMA Conference=20
=09=0927th Annual Intellectual Property Law Workshop
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=09=09case summaries =20
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=09=09Constitutional Law=20
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=09=09Back to Quicklinks
=09=09
=09=09Issues: Power of referendum in connection with legislation modifyin=
g the=20
standards for issuance of concealed weapons permits; Writ of mandamus;=20
Legislation appropriating funds to a state institution; Const. 1963, art 2=
,=20
o 9
=09=09Court: Michigan Court of Appeals (Published)
=09=09Case Name: Michigan United Conservation Clubs v. Secretary of State
=09=09e-Journal Number: 10251
=09=09Judge(s): O=01,Connell, McDonald, and Meter
=09=09
=09=09Plaintiffs were denied a writ of mandamus ordering defendants to rej=
ect a=20
petition for referendum on legislation modifying the standards for issuanc=
e =20
of concealed weapons permits, because the public act at issue was not an a=
ct=20
making appropriations to state institutions as contemplated by Const. 1963=
,=20
art 2, o 9. The court found that the appropriation of $1 million was=20
directed at funding activities specifically associated with the issuance o=
f=20
concealed weapon permits, rather than sustaining the existence of the=20
Department of State Police. Absent any indication that the $1 million=20
appropriation or the fees paid by virtue of another statute were aimed at=
=20
sustaining the core functions of the Department of State Police, the court=
=20
concluded that the act at issue was not one making appropriations to a sta=
te=20
institution and was therefore, subject to referendum.=20
=09=09
=09=09Full Text Opinion
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=09=09
=09=09
=09=09Criminal Law
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=09=09
=09=09
=09=09
=09=09Back to Quicklinks
=09=09
=09=09Issues: Admissibility of blood alcohol test results where defendants=
were=20
not under arrest at the time of the tests (MCL 257.625a(6)(e)); Whether th=
e=20
tests were for medical treatment purposes; Whether defendant driver was=20
"involved in" the accident for purposes of test; Prosecutorial misconduct;=
=20
Admissibility of photographs of victim and rescue of others injured in the=
=20
accident; Denial of directed verdict on second-degree murder charge; Jury=
=20
instructions; Sentencing
=09=09Court: Michigan Court of Appeals (Published)
=09=09Case Name: People v. Aldrich
=09=09e-Journal Number: 10252
=09=09Judge(s): Kelly and Collins; Concurrence - Whitbeck
=09=09
=09=09Defendants' blood alcohol test results were admissible, although the=
y were=20
not under arrest at the time their blood alcohol levels were tested, =20
because the applicable statute does not mention arrest and provides for th=
e=20
admissibility of blood alcohol test results in any civil or criminal=20
proceeding where the blood upon which the test was run was drawn "for=20
medical treatment" from a driver "involved in" an accident. By its plain=
=20
terms, subsection (6)(e) concerns tests done on blood drawn not for legal=
=20
responsibility reasons, but for medical purposes, and is not limited to=20
those under arrest. The testimony presented at trial indicated that the=20
medical procedures performed on defendants, including the withdrawal of=20
their blood, were done for medical reasons. Although one of the defendants=
=20
claimed that he was not "involved in" the accident because his vehicle did=
=20
not come in contact with another vehicle, the defendant was involved in t=
he=20
accident because his vehicle played a part in the accident. Affirmed.
=09=09
=09=09Full Text Opinion
=09=09
=09=09Back to Quicklinks =20
=09=09
=09=09Issues: Ineffective assistance of counsel for failure to object to o=
ther =20
acts evidence and defendant=01,s sentence; Other acts evidence; Proportiona=
lity =20
of sentence of 18 months to 10 years=01, imprisonment as an habitual offen=
der,=20
third offense for conviction of receiving and concealing stolen property=
=20
over $100
=09=09Court: Michigan Court of Appeals (Unpublished)
=09=09Case Name: People v. Ludwick
=09=09e-Journal Number: 10243
=09=09Judge(s): Memorandum =01) Holbrook, Jr., Hood, and Griffin
=09=09
=09=09Review of the record revealed that defense counsel did fail to objec=
t to=20
testimony regarding defendant=01,s prior record, but also elicited testimo=
ny =20
in accordance with his theory of the case. Witness-Smith testified that he=
=20
saw defendant with the stolen ladder on top of a vehicle and the stolen=20
tools were in the trunk of the vehicle. Defense counsel elicited testimony=
=20
that defendant was involved with Smith=01,s former girlfriend. Defense cou=
nsel=20
also established that the tools were taken from a locked truck, that the=
=20
truck was not vandalized in the process so that it appeared access was=20
gained through a key, and that Smith had a key to the truck as an employee=
.=20
Defense counsel attempted to discredit Smith=01,s testimony by showing tha=
t he=20
had a motive for wanting defendant returned to prison. 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: Sufficiency of evidence to support defendants=01, conviction=
s for=20
conspiracy and possession with the intent to distribute cocaine; Motions=
=20
for a judgment of acquittal; Admission of co-conspirator=01,s testimony u=
nder=20
Fed. R. Evid. 801(d)(2)(E); Admission of computer records; Speedy Trial Ac=
t;=20
Admission of evidence of key fitting lock in defendant's door; Sentencing
=09=09Court: U.S. Court of Appeals Sixth Circuit
=09=09Case Name: United States v. Salgado
=09=09e-Journal Number: 10250
=09=09Judge(s): Graham and Batchelder; Concurrence =01) Cole=20
=09=09
=09=09There was sufficient evidence to support defendants=01, convictions =
for=20
conspiracy and possession with the intent to distribute cocaine. A rationa=
l=20
trier of fact could find from the evidence presented at trial that an=20
agreement to possess with the intent to distribute cocaine existed and tha=
t =20
defendants and codefendants knowingly participated in that conspiracy. The=
=20
jury could infer that defendant-Salgado knew he was delivering cocaine bas=
ed=20
on his evasive statements to the police concerning who gave him the car an=
d=20
the make of the car, and from the fact that he met first with one of the=
=20
codefendants despite his statement that he came to Louisville to visit his=
=20
cousin. Salgado was also present at the codefendant=01,s residence at the=
=20
scheduled time of the sale of cocaine. The jury could reasonably find from=
=20
the circumstances that defendant-Jambu brought the cocaine to the residenc=
e.=20
Jambu, left his apartment, drove to one of the codefendant=01,s homes, ope=
ned =20
the trunk of his car, looked to his left and to his right, and appeared to=
=20
carry something into the house, brought a package into the kitchen, and=20
stated, "I brought the shit," referring to the cocaine. Affirmed.
=09=09
=09=09Full Text Opinion
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=09=09
=09=09Municipal
=09=09
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=09=09
=09=09
=09=09
=09=09Back to Quicklinks
=09=09
=09=09This summary also appears under Real Property
=09=09
=09=09Issues: Denial of application for a special land use permit; Plainti=
ff=01,s =20
failure to act within 60 days of receipt of defendant=01,s preliminary pla=
n of=20
development; Mobile Home Commission Act (MHCA); The Township Zoning Act
=09=09Court: Michigan Court of Appeals (Published)
=09=09Case Name: Silver Creek Twp. v. Corso
=09=09e-Journal Number: 10253
=09=09Judge(s): Per Curiam - Wilder, Hood, and Cavanagh
=09=09
=09=09The trial court erred in granting summary disposition in favor of de=
fendant=20
and holding that plaintiff-township was required to respond to defendant=
=01,s =20
preliminary plan of development in accordance with the MHCA because (1)=20
zoning laws regulate the development and proper use of land, not the MHCA,=
=20
(2) the decision of the township=01,s zoning board or zoning board of appe=
als=20
regarding a zoning request was final, and (3) the MHCA provides that it=20
shall not be construed to prohibit a municipality from enforcing its local=
=20
ordinances. Plaintiff=01,s zoning board had previously denied defendant=01=
,s=20
application for a special land use permit regarding the subject property f=
or=20
the purpose of developing a mobile home park. Defendant submitted a=20
preliminary plan of his proposed mobile home park in an apparent attempt t=
o =20
circumvent the application of the zoning ordinance and effect of the zonin=
g=20
board=01,s denial of his request for a special land use permit. Reversed a=
nd=20
remanded.
=09=09
=09=09Full Text Opinion
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Real Property=20
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Back to Quicklinks
=09=09
=09=09This summary also appears under Municipal
=09=09
=09=09Issues: Denial of application for a special land use permit; Plainti=
ff=01,s =20
failure to act within 60 days of receipt of defendant=01,s preliminary pla=
n of=20
development; Mobile Home Commission Act (MHCA); The Township Zoning Act
=09=09Court: Michigan Court of Appeals (Published)
=09=09Case Name: Silver Creek Twp. v. Corso
=09=09e-Journal Number: 10253
=09=09Judge(s): Per Curiam - Wilder, Hood, and Cavanagh
=09=09
=09=09The trial court erred in granting summary disposition in favor of de=
fendant=20
and holding that plaintiff-township was required to respond to defendant=
=01,s =20
preliminary plan of development in accordance with the MHCA because (1)=20
zoning laws regulate the development and proper use of land, not the MHCA,=
=20
(2) the decision of the township=01,s zoning board or zoning board of appe=
als=20
regarding a zoning request was final, and (3) the MHCA provides that it=20
shall not be construed to prohibit a municipality from enforcing its local=
=20
ordinances. Plaintiff=01,s zoning board had previously denied defendant=01=
,s=20
application for a special land use permit regarding the subject property f=
or=20
the purpose of developing a mobile home park. Defendant submitted a=20
preliminary plan of his proposed mobile home park in an apparent attempt t=
o =20
circumvent the application of the zoning ordinance and effect of the zonin=
g=20
board=01,s denial of his request for a special land use permit. Reversed a=
nd=20
remanded.
=09=09
=09=09Full Text Opinion
=09=09
=09=09
=09=09
=09=09
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=09=09
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=09=09fields of practice listings
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=09=09ADR/Arbitration/Mediation
=09=09
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=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
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=09=09Administrative Law
=09=09
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=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
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=09=09Adoption
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=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
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=09=09Alternative Dispute Resolution
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=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
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=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
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=09=09Appeals
=09=09
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=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
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=09=09Appellate Law
=09=09
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=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
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=09=09Automobile Warranty Law
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=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
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=09=09Business & Taxation
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=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
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=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
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=09=09Copyrights
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=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
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=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
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=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
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=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=09PART-TIME LAWYER FOR HARLEY-DAVIDSON MICHIGAN, INC.=01*Lawyer needed=
(15 - 20=20
hrs/wk) at busy domestic and international Fortune 500 corporate trademark=
=20
law practice in Ann Arbor, Michigan. Strong analytical and writing skills=
=20
and excellent attention to detail are required. This is a year-round=20
position. Please do not apply unless you have an interest in practicing=20
trademark law. No telephone calls, please. Send your resume to: Ann Jackso=
n,=20
Harley-Davidson Michigan, Inc., 315 W. Huron Street, Suite 400, Ann Arbor,=
=20
Michigan 48103. =20
=09=09
=09=09Back to Quicklinks
=09=09
=09=09SENIOR COUNSEL=01*Responsibilities of this person are to provide adv=
ice to=20
various departments. Draft, review and negotiate agreements, debt=20
instruments, and guaranties for domestic and international business units.=
=20
Review all advertising for compliance with FTC regulations, trademark usag=
e=20
and adherence to corporate policies. Defend employment related legal actio=
ns=20
and review and advise on hiring practices and procedures. Minimum=20
qualifications are seven years experience from a law firm and/or a major=
=20
corporation with relevant practice experience. Plus strong background with=
=20
employment law. J.D. from a accredited law school, admitted to practice la=
w=20
in Michigan or other U.S. jurisdiction. Please send resume to=20
Ashleys@dominos.com or fax to 734-930-4350. Salary is 110K.Legal Departmen=
t,=20
Domino's Pizza, 30 Frank Lloyd Wright Drive, Ann Arbor, MI 48106. =20
=09=09
=09=09Back to Quicklinks
=09=09
=09=09UNIVERSITY OF MICHIGAN=0F-The Office of the Vice President and Gene=
ral Counsel=20
of the University of Michigan is seeking exceptionally qualified applicant=
s=20
for an attorney who will take primary responsibility for coordinating the=
=20
University's litigation in the medical malpractice area. The successful=20
candidate will engage and supervise outside counsel in medical malpractice=
=20
and will provide advice and representation in other areas of health care =
=20
law. This position will work closely with the senior leadership of the=20
University Health System, including the Chief of Staff for Clinical Affair=
s=20
and the Director of the Medical Center Risk Management Office, other=20
attorneys in the Office of the Vice President and General Counsel, and wit=
h=20
individual members of the medical staff. The successful candidate will dra=
ft=20
and review policies; serve on University committees; conduct educational=
=20
programs on legal topics for the University community, and carry out other=
=20
duties as assigned. Experience providing legal services for a university=
=20
affiliated, or similar, health care system is desired. A law degree from a=
n=20
NALS accredited law school, membership or eligibility for membership in th=
e=20
State Bar of Michigan, at least five years litigation experience with an=
=20
emphasis on medical malpractice, reasonable experience in health care law=
=20
are required. Applications will be accepted until the position is filled,=
=20
but applications should be submitted promptly to ensure full consideration=
.=20
To apply, please send a cover letter and resume to: Office of the Vice=20
President and General Counsel, Attention: MED MAL, 4010 Fleming=20
Administration Building, Ann Arbor, Michigan 48109-1340. The University of=
=20
Michigan is an equal opportunity, affirmative action employer. =20
=09=09
=09=09Back to Quicklinks
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Services
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09SOUTH FLORIDA ATTORNEY available for consultations, all legal and bu=
siness =20
matters, referrals, or local counsel, litigation and estates. Contact Mark=
=20
M. Berkley, 385-C West 49th Street, Hialeah (Miami) Florida 33012, telepho=
ne=20
305.556.2626. Member of the State Bar of Michigan for 25 years and the=20
Florida Bar for 14 years.
=09=09
=09=09Back to Quicklinks =20
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Typing Services
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09IS YOUR WORK LOAD OVERWHELMED? Do you have employees on vacation, si=
ck leave=20
or disability? Do you need legal briefs, motions or complaints filed today=
?=20
I CAN HELP!!! Visit my web page at www.gnrtyping.com for more information.=
=20
Fast and dependable. SPEEDY FINGERS AT YOUR SERVICE!
=09=09
=09=09Back to Quicklinks =20
=09=09
=09=09To receive information on how to place a classified=20
advertisement, contact Stacy Sage =20
=09=09
=09=09
=09=09
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=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
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=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
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=09=09
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=09=09 bar events=20
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=09=09Back to Quicklinks =20
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=09=09archived e-Journals=20
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=09=09
=09=09
=09=09Case Summary Cumulative Index
=09=09
=09=09Tuesday, May 15 e-Journal
=09=09
=09=09Wednesday, May 16 e-Journal
=09=09
=09=09Thursday, May 17 e-Journal =20
=09=09
=09=09Friday, May 18 e-Journal
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=09=09Monday, May 21 e-Journal
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=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
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=09=09To receive the text-only version, please send an e-mail to=20
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