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=09State Bar of Michigan E-Journal <e-journal@michbar.org< =09Sent by: bounce-ejournal-255481@lists.michbar.org =0910/24/2000 04:00 PM =09Please respond to "E-Journal" =09=09=20 =09=09 To: "E-Journal" <ejournal@lists.michbar.org< =09=09 cc:=20 =09=09 Subject: State Bar of Michigan e-Journal - 10/25/00 If you cannot read today's e-Journal, please visit this link:?=20 http://www.michbar.org/e-journal/102500.html Or to receive a plain text=20 version, please send an e-mail to lyris@lists.michbar.org? In the body,=20 type:? unsubscribe ejournal and on the next line type:? subscribe=20 ejournal-text=20 ? [IMAGE] Ad 1 [IMAGE] [IMAGE] [IMAGE] [IMAGE] [IMAGE] [IMAGE] The e-Journal is available to members of the State Bar of Michigan at no=20 additional charge thanks in part to the generous support of our advertisers= .=20 Please be sure to support these State Bar partners and visit their Internet= =20 sites frequently for information about their products and services. ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? Ad 1 [IMAGE] [IMAGE] [IMAGE] [IMAGE] ? [IMAGE]State Bar of Michigan e-Journal for Wednesday, October 25, 2000 ?qlink ?Use our specifically designed hypertext links --Quicklinks--to jump to the= =20 desired area of today's e-Journal ?cases Cases affecting the following practice areas are summarized in today's=20 e-Journal:=20 Constitutional Law=20 Criminal Law=20 Family Law=20 Litigation=20 Malpractice=20 Worker's Compensation=20 Special Note: Today's e-Journal contains a summary of one 6th Circuit Court= =20 of Appeals opinion in the following practice area: Litigation.=20 ?classified Listings in the following areas are in today's Classified Section: ?=20 Confidential Records Destruction=20 Expert Witness=20 Lawsuit Financing=20 Legal Research=20 Positions Available=20 ?editorial Other editorial included in today's edition:=20 Interim Amendment of Rule 3.208 of the Michigan Court Rules (Allocation and= =20 Distribution of Court- Ordered Monies on Friend of the Court Accounts)=20 The State Bar Committee on Libraries and Legal Research hopes to create a w= eb=20 page that publicizes and tracks listservs used by Michigan practitioners. I= f=20 you know of any useful law-related listservs, please e-mail Carol Parker=20 ?fieldspractice Need to refer a case? See today's Fields of Practice Listings:=20 ADR/Arbitration/ Mediation=20 Admiralty/Maritime & Railroad Law=20 Antitrust/ Advertising/ Trade Regulation=20 Appeals=20 Automobile Warranty Law=20 Business & Taxation=20 Employment Discrimination/ Harassment Investigations=20 Federal False Claims=20 Hospital & Medical Negligence=20 Immigration Law=20 Labor & Employment=20 Liquor Law=20 Long Term Care=20 Medical Malpractice=20 Securities Law & Commercial Litigation=20 Special Education Law=20 Tax Litigation & Disputes=20 ?newsandmoves See today's News & Moves for information about your colleagues:=20 Crowley Noorman, P.C. & Cummings, McClorey, Davis & Acho, P.L.C.=20 Lawrence M. Dudek=20 James J. Giszczak, Robin K. Luce, Patricia Erhart Nessel, Laurie J.=20 Michelson, Rosalie B. Harrison, David B. Braun, Todd M. Fink, and David A.= =20 Gardey=20 Victor G. Marrocco=20 Juliet E. Pressel and Deborah A. Strain=20 Keith P. Theisen=20 The Thomas M. Cooley Law School=20 barevents? See today's Bar Events section for news about upcoming programs and=20 activities: 36th District Court Case Evaluation=20 Medical Malpractice Settlements: The Licensing Impact=20 MAMA Attorney's Institute--Municipal Law from A to Z=20 Hellenic Bar Association 2nd Annual Meeting=20 Pro Bono Attorneys from Blue Cross & Blue Shield of Michigan=20 Admiralty Law Section Meeting=20 Trust Administration Issues Identified Under EPIC=20 Thomas M. Cooley Law School Law Review Symposium=20 FBA Bankruptcy Section Luncheon=20 Meet the Judges of the 36th District Court=20 Uncensored and Unplugged: Informational Breakfast with Federal Judge Bernar= d=20 Friedman=20 Pro Bono Attorneys from Dickinson Wright P.L.L.C.=20 Catholic Lawyers Society Family Retreat=20 FBA Luncheon & Rakow Scholarship Awards=20 Real Property Law Homeward Bound Series =20 Pro Bono Attorneys from Garan Lucow Miller, P.C.=20 A Night at Mark Ridley's Comedy Castle=20 Hot Topics in Estate Planning=20 ACLU Annual Dinner & Silent Auction=20 MDTC Annual Winter Meeting=20 Taking & Defending Depositions=20 Seminar on ADR in Courts=20 case summariesConstitutional Law Back to Quicklinks This summary also appears under Family Law Issues: Jurisdiction over the minor child; Whether the term "cruelty" in o= =20 2(b) is unconstitutionally vague; Jury instructions Court: Michigan Court of Appeals (Unpublished) Case Name: In re Herronen e-Journal Number: 8384 Judge(s): Per Curiam - Fitzgerald, Hood, and McDonald The term "cruelty" as used in the statute is not unconstitutionally vague= =20 because it gives fair notice to a person of ordinary intelligence and a=20 reasonable opportunity to know what is prohibited or required. In this case= a=20 person of ordinary intelligence would understand that hitting a 13-year old= =20 girl more than once in the face severe enough to necessitate a hospital=20 visit, pulling her hair, or pushing her into a wall causing her to become= =20 dizzy would fall within the purview of cruelty. The family court order taki= ng=20 jurisdiction over the minor child was affirmed. Full Text Opinion Criminal Law Back to Quicklinks Issues: Denial of defense motion for a lineup; Prosecutorial misconduct Court: Michigan Court of Appeals (Unpublished) Case Name: People v. Cain e-Journal Number: 8381 Judge(s): Per Curiam - Neff, Talbot, and Sullivan The trial court did not abuse its discretion when it denied defendant's=20 untimely motion for a lineup. An eyewitness testified that she was only an= =20 arm's length away from defendant when she saw him "key" the complainant's= =20 vehicle, then enter a business. The manager of the business, notified of th= e=20 keying incident shortly after it occurred, testified that defendant was the= =20 only person in the building lobby matching the perpetrator's description.= =20 Although eyewitness identification was a material issue, a lineup would not= =20 have resolved any "mistaken identification" in this case. The trial court= =20 also properly considered the untimeliness of the motion, and the possible= =20 hardship a delay for a lineup could have had on the eyewitness, who resided= =20 in another state. Defendant's conviction of malicious destruction of proper= ty=20 over $100 was affirmed. Full Text Opinion Back to Quicklinks Issues: Whether the trial court erred in finding that defendant was the=20 carjacker; Identification; Witness credibility; Whether the lineup was undu= ly=20 suggestive; Sufficiency of evidence to convict of carjacking Court: Michigan Court of Appeals (Unpublished) Case Name: People v. Fordham e-Journal Number: 8380 Judge(s): Per Curiam - Neff, Talbot, and Sullivan Since both the victim and a police officer identified the defendant as the= =20 man who stole the victim's car and the trial court concluded that the victi= m=20 was not confused when he identified the defendant as the carjacker, the tri= al=20 court's finding that defendant was one of the carjackers was not clearly=20 erroneous. There was sufficient evidence based on the identification eviden= ce=20 for a rational trier of fact to have concluded that defendant committed the= =20 carjacking. Affirmed.=20 Full Text Opinion Back to Quicklinks Issues: Sufficient evidence of intent to convict for arson of a dwelling=20 house; Whether defendant was too intoxicated to have formed the requisite= =20 intent Court: Michigan Court of Appeals (Unpublished) Case Name: People v. Moss e-Journal Number: 8387 Judge(s): Per Curiam - Neff, Talbot, and Sullivan The prosecution introduced sufficient evidence for a rational trier of fact= =20 to conclude that defendant acted willfully and maliciously, regardless of= =20 whether he was intoxicated to some degree, when he set fire to the victims'= =20 home. Even if defendant was drunk when arrested approximately 22 hours afte= r=20 the fire, his intoxication did not bear any relation to his state of mind o= n=20 the night of the fire. The testimony indicated that even if defendant was= =20 intoxicated, he remained fully capable of entertaining the necessary specif= ic=20 intent. The evidence established that (1) defendant appeared at the victims= '=20 home three times and was there purposely prior to the fire, (2) defendant h= ad=20 no reported difficulty safely traveling to and from the victims' house, (3)= =20 defendant threatened the victims that he would return to harm them, and (4)= =20 defendant followed through with the threats later that night when he=20 purchased kerosene, transported it to the victims' home, poured it onto the= =20 porch and into the mail slot, and set fire to the home. Affirmed. Full Text Opinion Back to Quicklinks Issues: Whether there was sufficient evidence to support convictions for=20 aiding and abetting false pretenses, attempted false pretenses, and stealin= g=20 or retaining a financial transaction device Court: Michigan Court of Appeals (Unpublished) Case Name: People v. Pitts e-Journal Number: 8395 Judge(s): Per Curiam - Neff, Talbot, and Sullivan There was insufficient evidence that defendant performed acts or gave=20 encouragement that assisted the commission of the crimes to support his=20 convictions for aiding and abetting false pretenses and attempted false=20 pretenses. Although defendant threw torn pieces of paper from the passenger= =20 door of the vehicle during the pursuit by the police, the credit card numbe= rs=20 recovered from the torn pieces of paper were not similar to the credit card= =20 numbers given by defendant's brother to purchase merchandise. There was no= =20 evidence associating defendant with the representations that were made to t= he=20 employees by his brother regarding the validity of the credit card numbers.= =20 Defendant's convictions for aiding and abetting false pretenses and attempt= ed=20 false pretenses were reversed.=20 Full Text Opinion Back to Quicklinks Issues: Suppression of defendant's inculpatory statements; Whether=20 interrogation was custodial; Whether defendant's statements were knowingly= =20 and voluntarily made; Totality of the circumstances Court: Michigan Court of Appeals (Unpublished) Case Name: People v. Rose e-Journal Number: 8385 Judge(s): Per Curiam - McDonald, Sawyer, and White The trial court erred in suppressing defendant's statements to police on th= e=20 basis that defendant was in custody and thus entitled to Miranda warnings= =20 from the outset of the interview. Defendant agreed to speak with the police= ,=20 drove himself to the station, and was informed prior to the interview that = he=20 was not under arrest and was free to leave. At no time was he told that he= =20 was not free to leave, and the door was left open. The officer's failure to= =20 tell defendant that he was being investigated for CSC did not alter the fac= t=20 that defendant was told he was free to leave, or render the interview a=20 custodial one. Further, under the totality of the circumstances, defendant'= s=20 statements were knowingly and voluntarily made, and were not the product of= =20 psychological coercion. Defendant was 21-years old, had completed three yea= rs=20 of college, and discerned the focus of the officer's inquiries soon after t= he=20 interview began. The trial court's order suppressing defendant's statements= =20 was reversed, and the case remanded for further proceedings. Full Text Opinion Back to Quicklinks Issues: Prosecutorial misconduct; Other acts evidence; Admission of witness= '=20 testimony; Jury instructions Court: Michigan Court of Appeals (Unpublished) Case Name: People v. Vaughn e-Journal Number: 8383 Judge(s): Per Curiam - O'Connell, Kelly, and Whitbeck Although the defendant argued that the prosecutor improperly referred to an= =20 accomplice's plea agreement to bolster that witness' testimony, defendant d= id=20 not show that he was prejudiced. The prosecutor did not engage in misconduc= t=20 by eliciting testimony and arguing that the plea agreement required the=20 witness to testify truthfully, because the prosecutor did not personally=20 vouch for the witness' credibility. Affirmed. Full Text Opinion Family Law Back to Quicklinks Issues: Modification of a custody order without conducting an evidentiary= =20 hearing; Trial court's failure to identify the change of circumstances,=20 whether an established custodial environment existed, or an analysis of the= =20 best interest factors; Reassignment of custody matter to a different judge Court: Michigan Court of Appeals (Unpublished) Case Name: Belgiorno v. Belgiorno e-Journal Number: 8389 Judge(s): Per Curiam - Wilder, Smolenski, and Whitbeck The trial court erred because it did not conduct an evidentiary hearing=20 before it entered an order modifying the parties' custody. The trial court'= s=20 order placing physical custody of the parties' minor child with=20 plaintiff-mother was vacated and remanded to (1) conduct an evidentiary=20 hearing, (2) state specific findings of fact and conclusions of law on the= =20 record, (3) determine whether an established custodial environment existed,= =20 (4) determine whether proper cause or a change of circumstances existed tha= t=20 justified a change of custody, and (5) address the best interest factors to= =20 determine the best interest of the child. Full Text Opinion Back to Quicklinks Issues: Termination of parental rights pursuant to oo 19b(3)(a)(ii), ©(i)= ,=20 (g), and (j); Proper service of summons for adjudicative hearing; Failure t= o=20 challenge one of the statutory grounds for termination Court: Michigan Court of Appeals (Unpublished) Case Name: In re Glover e-Journal Number: 8379 Judge(s): Per Curiam - Neff, Talbot, and Sullivan The family court did not err in finding that statutory grounds for=20 termination of respondent-mother's parental rights were established by clea= r=20 and convincing evidence. Respondent did not begin to work on her treatment= =20 plan until approximately one month before the termination hearings. Further= ,=20 while she was required to seek substance abuse treatment or submit to drug= =20 testing, she failed to do either. Since respondent made no significant=20 progress in these areas, and considering her past history, respondent's=20 parental rights were properly terminated under oo 19b(3)©(i), (g), and (j= ).=20 Affirmed. Full Text Opinion Back to Quicklinks This summary also appears under Constitutional Law Issues: Jurisdiction over the minor child; Whether the term "cruelty" in o= =20 2(b) is unconstitutionally vague; Jury instructions Court: Michigan Court of Appeals (Unpublished) Case Name: In re Herronen e-Journal Number: 8384 Judge(s): Per Curiam - Fitzgerald, Hood, and McDonald The term "cruelty" as used in the statute is not unconstitutionally vague= =20 because it gives fair notice to a person of ordinary intelligence and a=20 reasonable opportunity to know what is prohibited or required. In this case= a=20 person of ordinary intelligence would understand that hitting a 13-year old= =20 girl more than once in the face severe enough to necessitate a hospital=20 visit, pulling her hair, or pushing her into a wall causing her to become= =20 dizzy would fall within the purview of cruelty. The family court order taki= ng=20 jurisdiction over the minor child was affirmed. Full Text Opinion Back to Quicklinks Issues: Termination of parental rights; Trial court inquiry into respondent= 's=20 ability to pay support where there was an existing support order; Appointme= nt=20 of counsel in a stepparent adoption Court: Michigan Court of Appeals (Unpublished) Case Name: In re Keller e-Journal Number: 8378 Judge(s): Per Curiam - Fitzgerald, Hood, and McDonald The termination of respondent-father's parental rights was reversed because= =20 the trial court erred by finding that o 51(6)(a) was satisfied on the basis= =20 that respondent had the ability to pay child support and failed to do so. I= t=20 was improper for the trial court to inquire into respondent's ability to pa= y=20 child support under o 51(6)(a) where there was an existing support order. T= he=20 order that reserved the question of support because respondent was=20 incarcerated constituted a judicial determination that respondent lacked th= e=20 ability to pay. The trial court also erred by failing to appoint counsel fo= r=20 respondent upon his request because in a stepparent adoption proceeding und= er=20 o 51(6)(a), the trial court has discretion to appoint counsel for an indige= nt=20 nonconsenting parent. Full Text Opinion Litigation Back to Quicklinks Issues: Standing; Case or controversy; Absence of an injury-in-fact;=20 Challenge to constitutionality of a legalized gambling scheme; Standard of= =20 review; Lac Vieux Desert Band of Lake Superior Chippewa Indians v. Michigan= =20 Gaming Control Bd. Court: U.S. Court of Appeals Sixth Circuit Case Name: Barden Detroit Casino, L.L.C. v. The City of Detroit e-Journal Number: 8399 Judge(s): Nelson, Moore, and Wilhoit The district court correctly dismissed plaintiff's suit against both the ci= ty=20 and state defendants because plaintiff, an unsuccessful bidder for a licens= e=20 to operate a Detroit casino, lacked standing. The court in Lac Vieux=20 previously held that the state law preference exempting certain preferred= =20 developers from the competitive bidding process and allowing a tie-breaking= =20 preference for applicants that had supported the initiative legalizing casi= no=20 gambling in Detroit had been eliminated. Since the preference was=20 ineffective, there could be no injury and no case or controversy against th= e=20 state defendants in regard to the state statute. As to the city defendants,= =20 the mayor unequivocally testified that no preference was applied at any sta= ge=20 of the competitive selection process until after plaintiff had already been= =20 eliminated from the competition. Therefore, the preference was never applie= d=20 to plaintiff's detriment, and plaintiff suffered no actual injury. Affirmed= . Full Text Opinion Malpractice Back to Quicklinks Issues: Medical malpractice; Statute of limitations; Discovery rule; Whethe= r=20 defendant's failure to produce plaintiff's medical records excused timely= =20 filing of a pre-suit notice Court: Michigan Court of Appeals (Unpublished) Case Name: Cabell v. Carino e-Journal Number: 8382 Judge(s): Per Curiam - McDonald, Sawyer, and White The trial court properly granted defendant-orthopedist summary disposition = on=20 the grounds that plaintiff's pre-suit notice was not filed within two years= =20 of the act or omission that was the basis of the claim. While plaintiff's= =20 claim accrued in March 1995, he did not file a notice of intent to sue unti= l=20 June 1997. Plaintiff's assertion that he did not discover his claim until h= e=20 received his medical records from defendant in April 1997 was without merit= .=20 Plaintiff's deposition testimony established that by June 1995, at the=20 latest, he was aware of a problem with his toe following defendant's=20 treatment for an ankle fracture, and actually believed that the cast=20 defendant placed on his ankle and foot had caused the problem. Plaintiff's= =20 attorney was investigating his claim in October 1995. Plaintiff's claim tha= t=20 defendant's failure to produce plaintiff's medical records in response to h= is=20 request excused the timely filing of the notice of intent also failed.=20 Affirmed. Full Text Opinion Worker's Compensation Back to Quicklinks Issues: Claim for weekly wage loss benefits based on mental disability; The= =20 Gardner formulation of the statutory test for determining whether an employ= ee=20 has suffered a compensable mental disability; The Worker's Compensation=20 Appellate Commission (WCAC) Court: Michigan Court of Appeals (Unpublished) Case Name: White v. Department of Agric. e-Journal Number: 8393 Judge(s): Per Curiam - Owens, Jansen, and Burns The magistrate properly determined that although an incident where=20 plaintiff's supervisor kicked him to wake plaintiff up after he nodded off = on=20 the job may have appeared objectively insignificant to the average person,= =20 there was substantial evidence from plaintiff's physician establishing that= =20 because it would not take much of a stimulus to trigger a response in a=20 patient with a preexisting borderline personality, the kicking incident=20 contributed to, aggravated, or accelerated plaintiff's mental condition in = a=20 significant manner. All that is statutorily required are actual events of= =20 employment, even if objectively unimportant, that contribute to, aggravate,= =20 or accelerate a mental disability in a significant manner. The decision of= =20 the WCAC reversing the magistrate and denying plaintiff's claim for weekly= =20 wage loss benefits on the basis of a mental disability was reversed, and=20 remanded the case for reinstatement of the magistrate's award. Full Text Opinion fields of practice listingsADR/Arbitration/Mediation ASHER N. TILCHIN, a member of the American College of Civil Trial Mediators= =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-panel= =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 Back to Quicklinks Admiralty/Maritime & Railroad Law DENNIS M. O'BRYAN is a Proctor in Admiralty whose firm handles injury and= =20 death cases involving: marine (Jones Act) and railroad (FELA) employees,=20 recreational maritime accidents and car/train collisions. Millions won.=20 National practice. Referrals guaranteed. 401 S. Old Woodward, Suite 320,=20 Birmingham, MI 48009. Phone (248) 258-6262. E-mail=20 Back to Quicklinks Antitrust/Advertising/Trade Regulation DAVID G. CHARDAVOYNE specializes in the regulation of business competition,= =20 including: antitrust law, unfair competition, and the regulation of=20 advertising, labeling, and other trade practices. Former Chairperson of Sta= te=20 Bar antitrust and trade regulation section, more than 15 years' experience = in=20 this field. Will consult regarding antitrust issues (monopolies, mergers,= =20 price fixing, exclusive dealing, tying arrangements, price discrimination,= =20 dealer termination, market allocation); premerger notice filings under=20 Hart-Scott-Rodino Act; discussions with State and Federal regulatory agenci= es=20 (FTC, Justice Department, Attorney General); compliance with laws regulatin= g=20 advertising (substantiation of claims, product labels, consumer price=20 displays); and all other matters relating to business competition. David G.= =20 Chardavoyne, 26755 La Muera Ave., Farmington Hills, MI 48334-4613, (248)=20 477-6308, e-mail Back to Quicklinks Appeals JAMES F. TROESTER, experienced in appeals to State and Federal Courts, will= =20 provide quality appellate consultation, briefing, research, and argument at= =20 reasonable cost. Contact Mr. Troester at AV rated/Primerus law firm Smith,= =20 Bovill, Fisher, Meyer & Borchard, P.C., 200 St. Andrews Road, Saginaw, MI= =20 48603; (517) 792-9641; e-mail jtroester@smithbovill.com; www.smithbovill.co= m Back to Quicklinks Automobile Warranty Law LIBLANG & ASSOCIATES: Specializing in "Lemon Law", UCC, Magnuson-Moss,=20 Odometer Fraud and Consumer Protection Act. Available for trials,=20 consultations or referrals. Cases accepted statewide. Over 17 years and 5,0= 00=20 cases. Michigan's most experienced lemon law attorneys, Dani K. Liblang and= =20 Scott J. Sinkwitts. Please call (248) 540-9270 or e-mail Back to Quicklinks Business & Taxation LAW 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 fir= m=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. Back to Quicklinks Employment Discrimination/Harassment Investigations PROPER HANDLING of employee discrimination and harassment claims requires= =20 outside counsel. Selecting an attorney=20 experienced in employment litigation and the EEO investigative process=20 ensures the integrity (i.e., fairness and objectivity) of the=20 internal investigation. It also avoids in-house conflict of interest=20 problems. An independent investigative summary gives=20 management a credible basis for evaluating an employee's claims, taking any= =20 necessary workplace corrective action, and=20 minimizing liability exposure. Attorney Lori K. Shemka, who is also an=20 EEO-certified investigator, is presently accepting new=20 employment investigation assignments. (248) 568-6494 or shemka@concentric.n= et Back to Quicklinks Federal False Claims (Qui Tam) Actions HaronDAVID HARON represents whistleblowers in civil false claims actions an= d=20 works with referring attorneys nationwide who specialize in employment law= =20 and other fields. Under the federal False Claims Act, private individuals= =20 with knowledge of fraud against federal programs can file suit on behalf of= =20 the United States and receive a substantial share of any recovery.=20 Representing such claimants, Mr. Haron has recovered millions of dollars in= =20 Medicare and Medicaid funds that had been fraudulently obtained by=20 health-care providers, primarily through abusive billing practices. To lear= n=20 more, visit his qui tam web site at www.QuiTamOnline.com or contact him=20 directly by e-mail at dharon@fsh-law.com or phone (248) 952-0400 at Frank,= =20 Stefani, Haron & Hall in Troy http://www.fsh-law.com/ Back to Quicklinks Hospital & Medical Negligence THE LAW OFFICES OF JOHN S. HONE, P.C., representing victims of hospital 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 Back to Quicklinks Immigration Law MARSHAL E. HYMAN & ASSOCIATES. All aspects of immigration law including=20 employment-based immigration for professionals and skilled workers. Labor= =20 certifications. Family-based immigration. Immigration from Canada. Politica= l=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 Back to Quicklinks Labor & Employment THE LAW OFFICE of Gregory T. Gibbs has 31 years combined experience in=20 employment law. We can answer questions about: handbooks, sexual harassment= ,=20 wrongful discharge, discrimination, family medical leave, collective=20 bargaining, wage-hour issues or any other employment related matter under= =20 state or federal law. We work with you and your clients under referral fee= =20 arrangements. 328 S. Saginaw St., Ste. 9001, Flint, MI 48502. (810) 239-947= 0,=20 fax (810) 235-2468. Back to Quicklinks Liquor Law THOMAS J. GIACHINO, a recently retired assistant attorney general with 24= =20 years of experience in representing the Michigan Liquor Control Commission,= =20 is now in private practice and available for consultation or representation= =20 of clients in all phases of liquor licensing and enforcement matters. Mr.= =20 Giachino is familiar with liquor trade practices, state and local liquor=20 license and regulations, and licensing requirements in the hospitality=20 industry. He may be contacted at Abbott, Nicholson, Quilter, Esshaki and=20 Youngblood, 300 River Place, Suite 3000, Detroit, Michigan 48207-4225. Phon= e=20 No. 313-566-2500, fax 313-566-2502, e-mail or visit our website=20 Back to Quicklinks Long Term Care THE HEALTH LAW DEPARTMENT of Smith Haughey Rice & Roegge specializes in the= =20 representation of Long Term Care provider facilities. Areas of representati= on=20 include pre, during and post licensing and certification surveys, plans of= =20 correction, informal deficiency dispute resolution process, state and feder= al=20 appeals, corporate compliance, fraud and abuse, reimbursement via=20 Medicare/Medicaid and all areas of regulatory compliance. Smith Haughey Ric= e=20 & Roegge, 1400 Abbott Road, Suite 410, E. Lansing, MI 48823.=20 mchamberlain@shrr.com. Visit our website. Back to Quicklinks Medical MalpracticeWANT A SECOND OPINION ON A MEDICAL MALPRACTICE CASE? The= =20 law offices of Anthony M. Malizia, P.C., is a statewide firm that handles= =20 only medical malpractice cases. I am Martindale-Hubbell "AV-rated." I sit a= s=20 a plaintiff's medical malpractice mediator. I have 20 years experience in t= he=20 review and development of these cases, many trials to jury verdict, and man= y=20 more settlements. Over the years, upwards of 20% of my case inventory has= =20 consisted of meritorious cases initially rejected by others, including "nam= e=20 firms." Oftentimes these cases were subjected to incomplete analysis becaus= e=20 of the firm's lack of in-depth, medico-legal background. Sometimes medical= =20 sleuthing or a new perspective was required. Send me your rejected case for= a=20 "de novo" review. We also welcome the referral of "new" cases. Anthony M.= =20 Malizia, P.C., 37000 Grand River, Suite 340, Farmington Hills, MI 48335,=20 1-800-555-5107 or e-mail: amlmalizia@aol.com Securities Law & Commercial Litigation HERTZ, SCHRAM & SARETSKY, P.C. will assist you or your clients in all aspec= ts=20 of securities law, including securities arbitration, litigation and=20 regulatory representation. Areas of expertise include customer disputes,=20 employment issues (such as enforcement and defense of noncompetition=20 agreements, trade secret obligations, agreements to pay training costs and= =20 promises to repay forgivable loans) regulatory inquiries and reporting and= =20 broker-dealer/ investment advisor creation and registration. The firm is al= so=20 available to accept referrals of complex commercial litigation to be handle= d=20 on a cost-effective and personalized basis. The firm handles a wide variety= =20 of business litigation matters, including contract, shareholder, employment= ,=20 trade secret, collection, dissolution, and leasing disputes. Brad Schram,= =20 Gary Saretsky, and Mark Kowalsky, 1760 South Telegraph Road, Suite 300,=20 Bloomfield Hills, Michigan 48302-3346; E-mail mkowalsky@hsspc.com. Back to Quicklinks Special Education Law LAW OFFICES OF MARSHA LYNN TUCK with 20 years experience, Martindale-Hubbel= l =0F" AV-rated,=0F" representing students with and without disabilities in suspen= sion,=20 expulsion, integration, inclusion, and similar cases. Marsha Lynn Tuck, 307= 00=20 Telegraph Road, Suite 4646, Bingham Farms, MI 48025. (248) 585-9338. Back to Quicklinks Tax Litigation & Disputes JOSEPH FALCONE is available to assist attorneys with Federal and State Civi= l=20 and Criminal Tax Litigation and Dispute matters. Joseph Falcone, a former I= RS=20 Detroit District Counsel Trial Attorney, has handled thousands of tax matte= rs=20 and has 27 years experience working in the specialized area of Tax Litigati= on=20 and Disputes. If you require assistance with a major tax dispute, wish to= =20 refer a matter, or just need a few minutes consultation over the phone with= =20 your specific problem or question, telephone or e-mail us. Visit our websit= e.=20 Falcone & Rolfe, P.C., 3000 Town Center, Suite 2370, Southfield, MI 48075.= =20 (248) 357 6610. Fax (248) 357-6613. Back to Quicklinks To receive information on how to place a Fields of Practice listing, contac= t=20 Stacy Sage Back to Quicklinks classified advertisingConfidential Records Destruction SHRED-IT. Confidentiality, Privacy and Document Security are vital in today= 's=20 environment. SHRED-IT provides solutions for secure destruction of=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 visit= =20 our website Back to Quicklinks Expert Witness-Building EXPERT WITNESS services for construction issues. Our cases include issues o= f=20 faulty construction, failure to disclose, personal injury and ADA. Mr. Tyso= n=20 is a member of many model code organizations including BOCA, ICBO, NFPA and= =20 ASTM. Our attorney clients represent plaintiffs and defendants. Rendering= =20 independent and unbiased opinions. Ortonville, MI. Phone (248) 627-6859. Back to Quicklinks RESIDENTIAL CONSTRUCTION--Jack W. Belkin in conjunction with AR Decker &=20 Associates, Inc., civil and structural engineers are offering expertise in= =20 all phases of residential construction related to workmanship, cost, time,= =20 structural analysis, civil analysis and other related problems. Jack W.=20 Belkin, (248) 443-4063, cell (248) 867-5042, e-mail jwbelkin@Mich.com=20 Back to Quicklinks Expert Witness-Economics Consulting ECONOMIC LOSS CALCULATION and litigation support in personal injury, wrongf= ul=20 death and wrongful discharge cases. Over 25 years experience including Chie= f=20 Economist for the Michigan Department of Commerce. John F. Hanieski, Ph.D.,= =20 Economics Consulting Services, LLC, 8583 W. Eaton Hwy., Grand Ledge, MI.=20 48837. (517) 627-6968. E-mail Back to Quicklinks Expert Witness-Legal Malpractice LEGAL MALPRACTICE - EXPERT EVALUATION, pre- and post-litigation analysis,= =20 written opinions, deposition and trial testimony in plaintiff originated or= =20 defendant defended legal malpractice cases that involve Real Estate and=20 Commercial Transactions and Civil Litigation. 18 years' experience as legal= =20 malpractice expert. Asher N. Tilchin, Tilchin, Hall & Reynolds P.C., 31731= =20 Northwestern Hwy., Suite 106, Farmington Hills, MI 48334. (248) 855-0995, f= ax=20 (248) 855-0850. E-mail antilchin@aol.com Back to Quicklinks Lawsuit Financing DOES YOUR CLIENT NEED CASH NOW to pay bills while waiting for his case to= =20 resolve? Get full value. Lawsuit Financial contingent advances afford you a= =20 most precious commodity=0F.Time! Lawsuit Financial, L.L.C., Suite 304, 6960= =20 Orchard Lake Road, West Bloomfield, MI 48322. Call (248) 948-1800 or (877)= =20 377-SUIT. Back to Quicklinks Legal Research OPEN is a national online information service providing point and click=20 access to business and individual background data. Available information=20 includes driving and criminal records, UCC filings, corporation records, re= al=20 property records, bankruptcies, liens, judgements and other public record= =20 information. OPEN offers discounted database searches to SBM members. Visit= =20 our website at www.openonline.com Back to Quicklinks Positions Available ASSOCIATE WANTED--For a nine attorney plaintiffs general practice firm in= =20 Grosse Pointe, established in 1970. 10 or more years of experience preferre= d.=20 Excellent compensation and benefits. All inquiries will be kept confidentia= l.=20 Send resume to Dietrich Associates, 718 Notre Dame, Grosse Pointe, MI=20 48230-1240 and call (313) 884-6600, fax: (313) 884-1169. Back to Quicklinks ASSOCIATE WANTED--Law, Weathers & Richardson, P.C., a full-service firm in= =20 Grand Rapids is seeking three associates with two to four years of experien= ce=20 each in the following areas: Litigation, Municipal Law, and Business Law. T= he=20 ideal candidates should have a strong academic background and excellent=20 professional skills. Please send resume to David Centner, 333 Bridge Street= =20 NW, Suite 800, Grand Rapids, MI 49504, or via fax at (616) 732-1740 or emai= l=20 at davidcentner@lwr.com For more information on Law, Weathers & Richardson,= =20 P.C., visit our website at www.lwr.com Back to Quicklinks ESTATE PLANNING ATTORNEY--"AV-rated" Southwestern Michigan firm is seeking = an=20 experienced estate-planning=20 attorney to join our well-established and growing Estate Planning Section. = An=20 ideal candidate will have substantial (4 years or=20 more) experience in drafting a variety of tax-sensitive trusts, handling=20 probate matters, administering trusts and counseling with=20 clients concerning alternative plans to suit their needs. We will treat you= r=20 application/inquiry with utmost confidentiality. Please=20 send your resume, references and salary requirements to Box 1673, c/o State= =20 Bar of Michigan, 306 Townsend Street, Lansing,=20 MI, 48933-2083. Back to Quicklinks TEMPORARY EXECUTIVE LEGAL EDITOR--The Institute of Continuing Legal Educati= on=20 is seeking an attorney with 1-2 years' practice experience, strong academic= =20 background, and excellent research and writing skills to work on a temporar= y=20 basis. Background in civil litigation, family law, real estate, or business= =20 law is highly desirable. Proficiency with WordPerfect or Microsoft Word is= =20 required. 25-30 hours per week. Hourly rate will depend on background and= =20 skills. Please send resume and writing sample to: Joyce Baker Gates, ICLE,= =20 1020 Greene Street, Ann Arbor, Michigan 48109-1444. The University of=20 Michigan is an equal opportunity, affirmative action employer. Back to Quicklinks To receive information on how to place a classified advertisement, contact= =20 Stacy Sage Back to Quicklinks News & Moves Crowley Noorman, P.C. has merged with Cummings, McClorey, Davis & Acho,=20 P.L.C. to operate under the name of Cummings, McClorey, Davis & Acho, P.L.C= .=20 Philip Crowley joins the new firm as a partner, managing the firm's Travers= e=20 City office. Jeffrey Noorman joins the firm as an associate. Back to Quicklinks News & Moves Lawrence M. Dudek, a principal in the Detroit office of the law firm of=20 Miller, Canfield, Paddock & Stone, P.L.C., has been elected Secretary of th= e=20 State Bar of Michigan's Real Property Law Section for 2000-2001. Mr. Dudek = is=20 a commercial litigator. Back to Quicklinks News & Moves James J. Giszczak, Robin K. Luce, Patricia Erhart Nessel, Laurie J.=20 Michelson, Rosalie B. Harrison, David B. Braun, Todd M. Fink, and David A.= =20 Gardey have been named supervisory attorneys with Butzel Long. Back to Quicklinks News & Moves Victor G. Marrocco has joined the law firm of Kienbaum Opperwall Hardy &=20 Pelton. Mr. Marrocco will practice employment litigation and preventive=20 counseling in the Detroit office. Back to Quicklinks News & Moves Juliet E. Pressel and Deborah A. Strain have joined Plunkett & Cooney, P.C.= =20 Ms. Pressel, who joins the firm's Ann Arbor office, is a member of the firm= 's=20 Insurance Law Practice Group, concentrating primarily in the area of civil= =20 litigation. Ms. Strain joins the Mt. Clemens office and practices primarily= =20 worker's compensation law. Back to Quicklinks News & Moves Keith P. Theisen has joined the law firm of Conklin, Benham, Ducey, Listman= &=20 Chuhran, P.C. as an associate in the firm's Traverse City office. Mr. Theis= en=20 practices primarily in the area of worker's compensation defense law. Back to Quicklinks News & Moves The Thomas M. Cooley Law School is a winner of the 21st Annual Telly Awards= =20 in the category of recruitment videos. Back to Quicklinks Please send information for the News & Moves section to Carrie Peplinski Back to Quicklinks bar events36th District Court Case EvaluationMedical Malpractice Settlement= s:=20 The Licensing Impact Sponsor: Medical Legal Section and Wayne County Medical Society Date: Wednesday, October 25, from 12:30 p.m. to 2 p.m. Location: Wayne County Medical Society Headquarters, 1010 Antietam, Detroit Pricing Information: $12 per person (includes lunch) Contact: For credit card reservations or questions, call (313) 567-1640 Back to Quicklinks MAMA Attorney's Institute--Municipal Law from A to=20 Sponsor: Michigan Association of Municipal Attorneys Dates: Wednesday, October 25 and Thursday, October 26. Check-in is at 8:00= =20 a.m. both days. Session from 8:30 a.m. to 4:30 p.m. on Wednesday; 8:30 a.m.= =20 to 3:30 p.m. on Thursday Location: Bavarian Inn Lodge, Frankenmuth, One Covered Bridge Lane. Call=20 (517) 652-2651 Pricing Information: Municipal Attorneys $225; Non- Governmental Attorneys= =20 $300; If Local Government Law and Practice in Michigan is needed, include= =20 $195 in your registration payment. If registering less than one week before= =20 the program, add $35 to the registration fee. Contact: To register, call the Michigan Municipal League at (734) 669-6368.= =20 For more information, contact Phil Balkema, President (616) 456-3181 or Pet= er=20 A. Letzmann, Program Chair (231) 526-7629. Back to Quicklinks Hellenic Bar Association 2nd Annual Meeting Sponsor: Hellenic Bar Association Date: Wednesday, October 25, 6:00 p.m. cocktails; 6:45 p.m. dinner Location: Scarab Club, Detroit Pricing Information: $30 Contact: Call Ginger Bouchard (313) 965-1688 or e-mail:=20 papista@worldnet.att.net Back to Quicklinks Pro Bono Attorneys from Blue Cross & Blue Shield of Michigan Sponsor: Detroit Legal Services Clinic Date: Thursday, October 26, from 2 p.m. to 5 p.m. Location: SMART Detroit, 13th Floor Penobscot Building Back to Quicklinks Admiralty Law Section Meeting Date: Friday, October 27, 11:30 a.m.=20 Location: SMART Detroit, 13th Floor Penobscot Building Back to Quicklinks Trust Administration Issues Identified Under EPIC Sponsor: Macomb County Probate Bar Association Date: Friday, October 27, noon to 1:30 p.m. (light lunch provided) Location: Verkuilen Building Auditorium, 21885 Dunham, Clinton Township Pricing Information: No charge for members, $10 for non-members Contact: Send name, phone number, and payment (if a non-member) to: PJ=20 Tomlian - 10/27/2000, Administrative Assistant, 77017 Omo Road, Armada, MI= =20 48005. Checks should be made payable to "Macomb County Probate Bar=20 Association" Back to Quicklinks Thomas M. Cooley Law School Law Review Symposium Sponsor: The Thomas M. Cooley Law School Law Review Date: Friday, October 27, from 1 p.m. to 7 p.m. Location: Cooley Law School Auditorium, 217 South Capitol Avenue, Lansing Pricing Information: Free, public is welcome Contact: Cooley Law Review at (517) 371-4650 ext. 4501 Back to Quicklinks FBA Bankruptcy Section Luncheon Sponsor: Federal Bar Association Bankruptcy Section=20 Date: Tuesday, October 31, noon Location: Broadstreet North, 6378 W. Pierson Rd., Flint Pricing Information: $28 for members, $30.00 for non-members Contact: For more information, call David Lerner at (248) 901-4010 or=20 Claretta Evans at (313) 226-7912 anytime. Back to Quicklinks Meet the Judges of the 36th District Court Sponsor: 36th District Court Section Date: Wednesday, November 1, from 12:30 p.m. to 2 p.m. Location: SMART Detroit, 13th Floor Penobscot Building Pricing Information: $20 Detroit Metropolitan Bar Association members; $30= =20 non-members; Additional $5 at-the-door Contact: DMBA at (313) 961-6120 for reservation information Back to Quicklinks Uncensored and Unplugged: Informational Breakfast with Federal Judge Bernar= d=20 Friedman Sponsor: Jewish Federation of Metropolitan Detroit=20 Date: Thursday, November 2, 7:30 a.m. to 9 a.m. Location: Max M. Fisher Federation Building (Maple/Telegraph) Pricing Information: Free Contact: For more information, please call Kara Weiner at (248) 203-1499 or= =20 e-mail kweiner@jfmd.org Back to Quicklinks Pro Bono Attorneys from Dickinson Wright P.L.L.C. Sponsor: Detroit Legal Services Clinic Date: Tuesday, November 2, from 2 p.m. to 5 p.m. Location: SMART Detroit, 13th Floor Penobscot Building Back to Quicklinks Catholic Lawyers Society Family Retreat Sponsor: The Catholic Lawyers Society Date: Sunday, November 5, from 11:00 a.m. to 4:00 p.m. Location: Our Lady of Sorrows Parish Activity Center, Farmington Pricing Information: $20 per family (includes lunch) Contact: If there are any questions, please contact John Sier (313) 965-291= 5=20 or sierj1@kitch.com Back to Quicklinks FBA Luncheon & Rakow Scholarship Awards Sponsor: Federal Bar Association and Historical Society for the U.S. Distri= ct=20 Court, Eastern District of Michigan Date: Thursday, November 9, noon Location: Downtown Courtyard Hotel, Detroit (across from the Renaissance=20 Center) Pricing Information: Members $25; Non-members $30 Contact: For ticket information, call Julia Pidgeon at (313) 226-9772 Back to Quicklinks Real Property Law Homeward Bound Series 2 Sponsor: Real Property Law Section Date: Thursday, November 9, from 3:30 to 6:30 p.m. Location: MSU, Management Education Center, 811 W. Square Lake Road, Troy Pricing Information: $75 for members; $85 for non-members Contact: For further information call Arlene Rubinstein at (248) 644-7378 Back to Quicklinks Pro Bono Attorneys from Garan Lucow Miller, P.C. Sponsor: Detroit Legal Services Clinic Date: Thursday, November 16, from 2 p.m. until 5 p.m. Location: SMART Detroit, 13th Floor Penobscot Building Back to Quicklinks A Night at Mark Ridley's Comedy Castle Sponsor: Oakland County Bar Association Membership and New Lawyers Committe= e Date: Thursday, November 16. Appetizers from 6 to 7:30 p.m. Performance by= =20 Dom Irrera from 7:30 to 9:30 p.m. Location: Appetizers at Royal Oak Brewery; Performance at Comedy Castle Pricing Information: Members $15; non-members $30 Contact: Register online at http://www.ocba.org or contact James Riashi or= =20 Jill Bracher at (248) 334-7757 Back to Quicklinks Hot Topics in Estate Planning Sponsor: The Taxation Law Section and the Institute of Continuing Legal=20 Education (ICLE) Date: Tuesday, November 21 Location: MSU Management Education Center, 811 W. Square Lake Rd., Troy Contact: For more information, please contact ICLE at (734) 764-0533 Back to Quicklinks ACLU Annual Dinner & Silent Auction Sponsor: ACLU Fund of Michigan, Metro-Detroit branch ACLU Date: Friday, December 1 Location: Charles H. Wright African American History Museum, Detroit Pricing Information: Tickets $125; premium tables and advertisements in ad= =20 journal (to be distributed at dinner & auction) also available Contact: Becky Bull at (313) 961-7728 Back to Quicklinks MDTC Annual Winter Meeting Sponsor: Michigan Defense Trial Counsel Date: Friday, December 1, 8 a.m. to 3 p.m. Location: Troy Marriott, Troy Contact: MDTC, 700 N. Washington Avenue, Lansing, MI 48906-5133; Phone (517= )=20 482-7538; Fax (517) 485-4129; www.mdtc.org=20 Back to Quicklinks Taking & Defending Depositions Sponsor: The National Institute for Trial Advocacy (NITA) Dates: Thursday, December 14 through Saturday, December 16 Location: University Place Conference Center & Hotel, Indianapolis Pricing Information: Tuition is $995, scholarships are available Contact: Call NITA at (800) 225-6482 or visit their website at=20 http://www.nita.org Back to Quicklinks Seminar on ADR in Courts Sponsor: ADR Section of the State Bar of Michigan, Oakland County Bar=20 Association ADR Section, and Oakland Mediation Center Date: Friday, December 15, from 1 p.m. to 4 p.m. Location: Oakland County Commissioner's Auditorium, 1200 N. Telegraph, Pont= iac Pricing Information: Free Contact: RSVP to J. Patrick Martin or by fax (248) 932-0368 before Sunday,= =20 December 10 Back to Quicklinks Please send information for the Bar Events section to Carrie Peplinski Back to Quicklinks contacts For information on classified advertising, contact Stacy Sage For information on fields of practice listings, contact Stacy Sage For unsubscribe and change of address issues, contact: Carrie Peplinski To list bar event information, send your information to Carrie Peplinski Editorial comments may be sent to Nancy Brown Contact the Interim Executive Director Danial J. Kim Technical questions may be sent to e-journal-tech@michbar.org Who Does What at the State Bar=20 Back to Quicklinks ? To 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. State Bar of Michigan Home Copyright © 2000, State Bar of Michigan --- You are currently subscribed to ejournal as: [mark.e.haedicke@enron.com] To unsubscribe, forward this message to=20 leave-ejournal-255481W@lists.michbar.org
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