Message-ID: <12087822.1075859831353.JavaMail.evans@thyme>
Date: Thu, 17 May 2001 09:40:00 -0700 (PDT)
From: bounce-ejournal-255481@lists.michbar.org
To: ejournal@lists.michbar.org
Subject: State Bar of Michigan e-Journal - 5/18/01
Mime-Version: 1.0
Content-Type: text/plain; charset=ANSI_X3.4-1968
Content-Transfer-Encoding: quoted-printable
X-From: bounce-ejournal-255481@lists.michbar.org
X-To: "E-Journal" <ejournal@lists.michbar.org>
X-cc: 
X-bcc: 
X-Folder: \Mark_Haedicke_Jun2001\Notes Folders\Notes inbox
X-Origin: Haedicke-M
X-FileName: mhaedic.nsf

If you cannot read today's e-Journal, please visit this link:?=20
http://www.michbar.org/e-journal/051801.htmlOr 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]

[IMAGE]

Ad 1

[IMAGE]

[IMAGE]

[IMAGE]

[IMAGE]

[IMAGE]

The  e-Journal is available to members of the State Bar of Michigan at no=
=20
additional  charge thanks in part to the generous support of our advertiser=
s.=20
Please  be sure to support these State Bar partners and visit their Interne=
t=20
sites  frequently for information about their products and services.  =09?=
=09
=09=09
=09=09
=09=09
=09=09[IMAGE]
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09State  Bar of Michigan e-Journal for Friday, May 18, 2001
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09?qlink
=09=09
=09=09?Use  our specifically designed hypertext links --Quicklinks --  to j=
ump to=20
the desired area of today's=20
=09=09e-Journal =20
=09=09
=09=09
=09=09
=09=09?cases
=09=09Cases  affecting the following practice areas are summarized  in toda=
y's=20
e-Journal: =20
=09=09
=09=09Administrative Law =20
=09=09Criminal  Law =20
=09=09Family Law =20
=09=09Insurance                      =20
=09=09Litigation =20
=09=09Municipal =20
=09=09Negligence  & Intentional Tort
=09=09Real Property =20
=09=09Tax                      =20
=09=09Worker's Compensation =20
=09=09
=09=09Special  Note: Today's e-Journal includes summaries of three  Michiga=
n=20
Supreme Court orders and one Michigan Court of  Appeals published opinion i=
n=20
the following practice areas:  Criminal Law, Municipal, Negligence &=20
Intentional Tort,  Real Property, Tax, and Worker's Compensation.
=09=09
=09=09[IMAGE]=20
=09=09
=09=09
=09=09?editorial
=09=09Please click  here to read today's Other  Editorial
=09=09[IMAGE]
=09=09
=09=09Tell  Us What You Think
=09=09Visit Our New Townhall Forum Electronic Bulletin Board
=09=09
=09=09 =20
=09=09
=09=09?classified
=09=09Listings  in the following areas are in today's Classified  Section: =
=20
=09=09
=09=09Confidential  Records Destruction  =20
=09=09Expert  Witness =20
=09=09Lawsuit  Financials =20
=09=09Legal  Research =20
=09=09Office  Space Available   =20
=09=09Positions  Available=20
=09=09Services =20
=09=09
=09=09
=09=09
=09=09?fieldspractice
=09=09
=09=09Need  to refer a case? See today's Fields of Practice  Listings:
=09=09
=09=09ADR/Arbitration/Mediation
=09=09 =20
=09=09Administrative  Law =20
=09=09Adoption =20
=09=09 =20
=09=09Alternative  Dispute Resolution =20
=09=09 =20
=09=09Antitrust/Advertising/Trade  Regulation
=09=09 =20
=09=09Appeals
=09=09 =20
=09=09Appellate  Law
=09=09 =20
=09=09Automotive  Warranty Law=20
=09=09 =20
=09=09Business  & Taxation
=09=09 =20
=09=09Construction  Law
=09=09 =20
=09=09Copyrights
=09=09 =20
=09=09Criminal  Law
=09=09 =20
=09=09Environmental  Law=20
=09=09 =20
=09=09Family  Law=20
=09=09 =20
=09=09Federal  False Claims (Qui Tam) Actions=20
=09=09Health  Law=20
=09=09 =20
=09=09Hospital  & Medical Negligence
=09=09 =20
=09=09Immigration  & Naturalization
=09=09 =20
=09=09Immigration  Law
=09=09 =20
=09=09Insurance  Law=20
=09=09 =20
=09=09Intellectual  Property Law =20
=09=09 =20
=09=09Labor  & Employment Law
=09=09 =20
=09=09Litigation =20
=09=09 =20
=09=09Medical  Malpractice
=09=09 =20
=09=09Real  Estate
=09=09 =20
=09=09Special  Education Law=20
=09=09 =20
=09=09Tax  Litigation & Disputes
=09=09 =20
=09=09Transportation  Law=20
=09=09 =20
=09=09Worker's  Compensation  =20
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09?newsandmoves
=09=09
=09=09See  this week's News  & Movesfor information about your colleagues: =
=20
=09=09
=09=09
=09=09
=09=09barevents?=20
=09=09
=09=09See  today's  Bar  Eventssection for news about upcoming programs and=
 =20
activities: =20
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09case  summaries =20
=09=09
=09=09
=09=09
=09=09Administrative Law
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Back               to Quicklinks
=09=09
=09=09Issues:?  Review of the Public Service Commission (PSC)=01,s decision=
 modifying =20
the implementation of primary interexchange carrier charges (PICCs)  on=20
intrastate calls; PSC jurisdiction; Whether the PSC acted within  its=20
authority regarding inter LATA and intraLARA calls; Application  of the PIC=
C=20
rates to pay phone calls; Attorney fees
=09=09Court:?  Michigan Court of Appeals (Unpublished)
=09=09Case  Name:? Ameritech Michigan v. Michigan Pub. Serv. Comm=01,n
=09=09e-Journal  Number: 10227
=09=09Judge(s):?  Per Curiam - Smolenski, Holbrook, Jr., and Gage
=09=09
=09=09The  court affirmed the PSC=01,s order modifying the implementation o=
f PICCs  on=20
intrastate calls because the PICCs were excessive and discriminatory. =20
Plaintiff imposed PICC rates on intrastatecalls that nearly corresponded  t=
o=20
the rates allowed by the FCC for interstate calls. Defendant-AT&T =20
Communications sought a reduction of the PICC rates from plaintiff.  Althou=
gh=20
there was sufficient evidence to determine that the rates  were excessive,=
=20
the PSC lacked the necessary information to determine  the proper rates.=20
Affirmed in part, reversed in part.
=09=09
=09=09Full  Text Opinion
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Criminal  Law
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Back               to Quicklinks
=09=09
=09=09Issues:?  Drug profile testimony; Standard to be applied to error
=09=09Court:?  Michigan Supreme Court
=09=09Case  Name:? People v. Huston
=09=09e-Journal  Number:? 10214
=09=09Judge(s):?  Corrigan, Cavanagh, Weaver, Kelly, Taylor, Young, Jr., an=
d Markman
=09=09
=09=09The court vacated  the judgment of the Court of Appeals (see e-Journa=
l  #=20
9442in the 02/23/01 edition) and remanded the case to  the Court of Appeals=
=20
for reconsideration of whether the error in  admitting drug profile testimo=
ny=20
required reversal of defendant=01,s  conviction. The Court of Appeals was=
=20
instructed that if, as plaintiff  contended, the claimed error was forfeite=
d,=20
the Court of Appeals  was to review the issue using the plain error standar=
d,=20
but if the  issue was adequately preserved, to review for harmless error.=
=20
=09=09
=09=09Full  Text Opinion
=09=09
=09=09Back  to Quicklinks =20
=09=09
=09=09Issues:  Proportionality of sentence; Voluntariness of confession
=09=09Court:  Michigan Court of Appeals (Unpublished)
=09=09Case  Name: People v. Cipponeri
=09=09e-Journal  Number: 10231
=09=09Judge(s):  Per Curiam - McDonald, Smolenski, and Kelly
=09=09
=09=09The trial court  did not abuse its discretion in sentencing defendant=
 to a=20
term of  60 to 90 years in prison after his conviction of CSC I. Defendant =
=20
molested his stepdaughter over several years, beginning when she  was about=
=20
five years old. Defendant admitted to numerous sexual  acts with her, as we=
ll=20
as with other children, for which he was  not charged. Defendant's long-ter=
m=20
sexual abuse of children indicated  a low potential for rehabilitation.=20
Defendant also coerced the victim's  submission by preying on her concern f=
or=20
her dog, humiliated her  during the act, and threatened her should she ever=
=20
tell what he  had done. In light of the repulsive nature of defendant's=20
alleged  conduct, that he robbed his stepdaughter of her childhood, and tha=
t =20
he presented a clear threat to other children, the court concluded  the=20
sentence was not disproportionate. Affirmed.?=20
=09=09
=09=09Full  Text Opinion
=09=09
=09=09Back  to Quicklinks =20
=09=09
=09=09Issues:?  Proportionality of sentence; Trial court=01,s articulation =
of its=20
reasons  for departing from the sentencing guidelines for the second-degree=
 =20
murder conviction
=09=09Court:?  Michigan Court of Appeals (Unpublished)
=09=09Case  Name:? People v. Johnson
=09=09e-Journal  Number: 10224
=09=09Judge(s):?  Per Curiam =01) Bandstra, Gage, and Wilder
=09=09
=09=09Defendant=01,s  40 to 75 years sentence for his assault with intent t=
o commit=20
murder  conviction was proportionate to the seriousness and the offense. =
=20
Defendant argued that the trial court was under the mistaken belief  that t=
he=20
applicable guidelines for the minimum sentence range was  15 to 25 years,=
=20
rather than 8 to 15 years, did not articulate sufficient  reasons for=20
deviating from the guidelines because the concerns cited  by the trial cour=
t=20
were adequately addressed by the guidelines,  and disregarded his=20
rehabilitative progress and potential in imposing  sentence. However, the=
=20
trial court articulated sufficient reasons  for a significant departure fro=
m=20
the guidelines, which was proportionate  to defendant=01,s crime. Affirmed.
=09=09
=09=09Full  Text Opinion
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Family Law
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Back  to Quicklinks
=09=09
=09=09Issues:?  Divorce; Circuit=01,s authority to modify custody or visita=
tion =20
decisions reached through binding mediation
=09=09Court:?  Michigan Court of Appeals (Unpublished)
=09=09Case  Name:? Graham v. Graham
=09=09e-Journal  Number:? 10235
=09=09Judge(s):?  Per Curiam =01) McDonald, Smolenski, and Kelly
=09=09
=09=09The circuit  court erroneously substituted its judgment for that of t=
he=20
binding  mediator regarding parenting time, because a circuit court may onl=
y =20
modify custody or visitation decisions reached through binding mediation =
=20
upon proper cause shown or due to a change of circumstances. The  circuit=
=20
court lacked authority to alter the mediator=01,s decision  simply because =
it=20
would have resolved the dispute differently. Plaintiff  did not argue that=
=20
the mediator=01,s decision, refusing to restrict  the father from having fe=
male=20
overnight guests while having parenting  time with the parties=01, minor ch=
ild,=20
was fraudulent, outside his  authority, or influenced by partiality,=20
corruption, or misconduct.  The circuit court did not find that a change of=
=20
circumstances had  occurred and did not provide any justification for its=
=20
change in  the mediator=01,s award. Reversed.
=09=09
=09=09Full  Text Opinion
=09=09
=09=09Back  to Quicklinks =20
=09=09
=09=09Issues:  Termination of parental rights; Jurisdiction over children w=
here =20
amended petition was served after jurisdictional trial; Admissibility  of=
=20
hearsay; Whether MCL 712A.19b(3)(m) constitutes an impermissible  ex post=
=20
facto law
=09=09Court:  Michigan Court of Appeals (Unpublished)
=09=09Case  Name: In re Justin F.
=09=09e-Journal  Number: 10237
=09=09Judge(s):  Per Curiam - Holbrook, Jr., Hood, and Griffin
=09=09
=09=09The trial court  did not lack jurisdiction because the amended petiti=
on=20
allegedly  contained new and different jurisdictional allegations and was=
=20
not  served on respondent-mother until after the jurisdictional trial. =20
Comparison of the original and amended petitions revealed that the =20
respondent was incorrect in her assertion that the amended petition =20
contained approximately eight "new, additional and different"  jurisdiction=
al=20
allegations. The amended petition was merely a restructured  version of the=
=20
original petition. To the extent that it did contain  additional and=20
different allegations, any defect in service of the  amended petition did n=
ot=20
warrant reversal because the trial court  indicated it was exercising=20
jurisdiction over the children only  on the basis of the allegations in the=
=20
amended petition that matched  the first nine allegations in the original=
=20
petition. Affirmed.
=09=09
=09=09Full  Text Opinion
=09=09
=09=09Back  to Quicklinks =20
=09=09
=09=09Issues:?  Divorce; Property division; Inability to prove value of an =
asset  a=20
party seeks to have considered as separate property; Valuation  of marital=
=20
home; Valuation of a party=01,s inheritance; Exclusion of  evidence of mari=
tal=20
infidelity; Trial court=01,s failure to consider  videotape never expressly=
=20
offered into evidence; Denial of motion  for reconsideration
=09=09Court:?  Michigan Court of Appeals (Unpublished)
=09=09Case  Name:? Robinson v. Robinson
=09=09e-Journal  Number:? 10229
=09=09Judge(s):?  Per Curiam =01) Bandstra, Zahra, and Meter
=09=09
=09=09The trial court  did not err in failing to award plaintiff as separat=
e=20
property the  $80,000 he claimed to have brought into the marriage, because=
=20
he  failed to satisfy his burden of proving a reasonably ascertainable =20
amount that he brought into the marriage. The amount of money plaintiff =20
brought into the marriage was disputed, with plaintiff=01,s claim supported=
 =20
only by his testimony and documents he had drafted. Defendant characterized=
 =20
plaintiff=01,s $80,000 figure as highly inflated, and the trial court  foun=
d=20
that while plaintiff probably brought more money into the  marriage than=20
defendant, the $80,000 figure was difficult to trace.  The trial court also=
=20
did not err in valuing the marital home based  on plaintiff=01,s testimony,=
=20
rather than relying on formal appraisals.  Nothing requires a trial court t=
o=20
accept the opinion of an expert  over that of a layperson. The division of=
=20
the marital estate was  affirmed.
=09=09
=09=09Full  Text Opinion
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Insurance
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Back               to Quicklinks
=09=09
=09=09Issues:  Denial of coverage under policy's uninsured motorist provisi=
on =20
where there was no physical contact between the insured vehicle  and anothe=
r=20
vehicle
=09=09Court:  Michigan Court of Appeals (Unpublished)
=09=09Case  Name: MacIntosh v. Auto Club Ins. Ass'n
=09=09e-Journal  Number: 10234
=09=09Judge(s):  Per Curiam - McDonald, Smolenski, and Kelly
=09=09
=09=09Since reasonable  minds could not differ in concluding that there was=
 no=20
contact between  plaintiff's vehicle and the vehicle she swerved to avoid=
=20
causing  her to strike a curb, the trial court properly granted summary=20
disposition  to defendant-insurer. Generally, where there is no physical=20
contact  between the insured's vehicle and the other vehicle, uninsured=20
motorist  benefits are not available. There was no physical nexus between =
=20
the other car and the curb. While the other car caused plaintiff  to swerve=
=20
and hit the curb, that alone was not sufficient absent  physical contact=20
between the vehicles. While plaintiff contended  there was a question of fa=
ct=20
whether the other vehicle struck her  vehicle, she failed to present any=20
documentary evidence to support  her contention. Affirmed.
=09=09
=09=09Full  Text Opinion
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Litigation
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Back               to Quicklinks
=09=09
=09=09This  summary also appears under Negligence & Intentional Tort
=09=09
=09=09Issues:?  Dismissal of claim on basis plaintiff failed to respond to=
=20
defendant=01,s  motion for summary disposition regarding that claim; Improp=
erly =20
pleaded claim for tortious interference with contractual relations
=09=09Court:?  Michigan Court of Appeals (Unpublished)
=09=09Case  Name:? Auto Dealers Servs., Inc. v. Walker Automotive Resources
=09=09e-Journal  Number:? 10232
=09=09Judge(s):?  Per Curiam =01) McDonald, Smolenski, and Kelly
=09=09
=09=09The trial court  erred in dismissing plaintiff=01,s conspiracy claim =
on the=20
basis that  plaintiff failed to respond to defendant=01,s motion for summar=
y=20
disposition  regarding that claim, because plaintiff did respond to the=20
motion  and submitted evidence showing the existence of a genuine issue  of=
=20
fact. Defendant asserted that it could not conspire to breach  a contract o=
f=20
which it had no knowledge. Plaintiff responded that  defendant did have=20
knowledge, and submitted an affidavit to that  effect. In addition, while=
=20
plaintiff failed to allege in its complaint  that defendant=01,s instigatio=
n of=20
the breach was unjustified or to  allege facts from which such a conclusion=
=20
could be drawn, it could  not be said that plaintiff would be unable to pro=
ve=20
a tortious interference  claim that was properly pleaded. On remand plainti=
ff=20
will have an  opportunity to amend its complaint. Reversed.
=09=09
=09=09Full  Text Opinion
=09=09
=09=09Back  to Quicklinks =20
=09=09
=09=09Issues:?  Dismissal for failure to comply with the trial court=01,s o=
rder=20
regarding  substitute counsel; Dismissal for lack of progress; Dismissal as=
 =20
a sanction for plaintiff=01,s failure to provide discovery
=09=09Court:?  Michigan Court of Appeals (Unpublished)
=09=09Case  Name:? Masuch v. GMRI, Inc.
=09=09e-Journal  Number: 10233
=09=09Judge(s):?  Per Curiam =01) McDonald, Smolenski, and Kelly
=09=09
=09=09The  trial court erred to the extent it dismissed plaintiff=01,s case=
 with =20
prejudice because plaintiff failed to comply with its order regarding =20
substitute counsel. Once plaintiff=01,s counsel withdrew, plaintiff  was wi=
thout=20
counsel and had the right to represent herself. Therefore,  the court could=
=20
not compel her to proceed only with counsel without  a finding that she was=
 a=20
minor, incompetent, or otherwise incapable  of representing herself.=20
Dismissal for lack of progress would also  have been improper because the=
=20
trial court did not provide the required  notice. Reversed and remanded.
=09=09
=09=09Full  Text Opinion
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Municipal
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Back               to Quicklinks
=09=09
=09=09This summary  also appears under Real Property
=09=09
=09=09Issues:  Whether the trial court properly granted intervention to nea=
rby =20
landowners; Whether the trial court properly set aside a consent  judgment=
=20
allowing commercial development on property zoned residential
=09=09Court:  Michigan Court of Appeals (Published)
=09=09Case  Name: Vestevich v. West Bloomfield Twp.
=09=09e-Journal  Number: 10249
=09=09Judge(s):  Per Curiam - Smolenski, Jansen, and Fitzgerald=20
=09=09
=09=09This opinion  was previously unpublished and summarized as e-Journal =
 #=20
9698in the 3/22/01 edition. The trial court's decision  to permit=20
intervention by neighboring landowners where the main  action concerned the=
=20
commercial development of a residential parcel,  a matter very much of=20
interest to all applicants in the case, was  not an abuse of discretion. Th=
e=20
trial court also properly set aside  the consent judgment through which=20
plaintiff-Vestevich and defendant-township  hoped to modify the zoning=20
constraints without going through the  statutorily prescribed notice and=20
hearing procedures for zoning  controversies. It was apparent that defendan=
t=20
agreed to settle with  plaintiff by way of the consent judgment allowing=20
plaintiff to commercially  develop the residential parcel, not to avoid the=
=20
risks and rigors  of litigation over plaintiff's motion to reopen the case,=
=20
but to  avoid the uncertainties and burdens attendant to revisiting its =20
zoning ordinance or considering a variance. Affirmed.=20
=09=09
=09=09Full  Text Opinion
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Negligence & Intentional Tort
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Back               to Quicklinks
=09=09
=09=09This summary  also appears under Worker's Compensation
=09=09
=09=09Issues:  Intentional tort exception to the WCDA; Sufficient evidence =
 to=20
establish the existence of a continually operative dangerous  condition;=20
Genuine issue of fact regarding whether defendant-employer  had actual=20
knowledge that an injury was certain to occur
=09=09Court:  Michigan Supreme Court
=09=09Case  Name: Menzel v. Light Metals Corp.
=09=09e-Journal  Number: 10213
=09=09Judge(s):  Corrigan, Weaver, Taylor, Young, Jr., and Markman; Voting =
to  deny=20
leave to appeal - Cavanagh and Kelly
=09=09
=09=09In lieu of  granting leave to appeal, the court reversed the judgment=
 of the =20
Court of Appeals in this case (see e-Journal  # 7881 in the 8/18/00 edition=
)=20
and reinstated the final  judgment of the circuit court granting defendant'=
s=20
motion for summary  disposition. Plaintiff did not provide sufficient proof=
=20
that the  employer had actual knowledge that injury was certain to occur.
=09=09
=09=09Full  Text Opinion
=09=09
=09=09Back  to Quicklinks =20
=09=09
=09=09This summary  also appears under Litigation
=09=09
=09=09Issues:?  Dismissal of claim on basis plaintiff failed to respond to=
=20
defendant=01,s  motion for summary disposition regarding that claim; Improp=
erly =20
pleaded claim for tortious interference with contractual relations
=09=09Court:?  Michigan Court of Appeals (Unpublished)
=09=09Case  Name:? Auto Dealers Servs., Inc. v. Walker Automotive Resources
=09=09e-Journal  Number:? 10232
=09=09Judge(s):?  Per Curiam =01) McDonald, Smolenski, and Kelly
=09=09
=09=09The trial court  erred in dismissing plaintiff=01,s conspiracy claim =
on the=20
basis that  plaintiff failed to respond to defendant=01,s motion for summar=
y=20
disposition  regarding that claim, because plaintiff did respond to the=20
motion  and submitted evidence showing the existence of a genuine issue  of=
=20
fact. Defendant asserted that it could not conspire to breach  a contract o=
f=20
which it had no knowledge. Plaintiff responded that  defendant did have=20
knowledge, and submitted an affidavit to that  effect. In addition, while=
=20
plaintiff failed to allege in its complaint  that defendant=01,s instigatio=
n of=20
the breach was unjustified or to  allege facts from which such a conclusion=
=20
could be drawn, it could  not be said that plaintiff would be unable to pro=
ve=20
a tortious interference  claim that was properly pleaded. On remand plainti=
ff=20
will have an  opportunity to amend its complaint. Reversed.
=09=09
=09=09Full  Text Opinion
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Real Property
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Back               to Quicklinks
=09=09
=09=09This summary  also appears under Municipal
=09=09
=09=09Issues:  Whether the trial court properly granted intervention to nea=
rby =20
landowners; Whether the trial court properly set aside a consent  judgment=
=20
allowing commercial development on property zoned residential
=09=09Court:  Michigan Court of Appeals (Published)
=09=09Case  Name: Vestevich v. West Bloomfield Twp.
=09=09e-Journal  Number: 10249
=09=09Judge(s):  Per Curiam - Smolenski, Jansen, and Fitzgerald=20
=09=09
=09=09This opinion  was previously unpublished and summarized as e-Journal =
 #=20
9698in the 3/22/01 edition. The trial court's decision  to permit=20
intervention by neighboring landowners where the main  action concerned the=
=20
commercial development of a residential parcel,  a matter very much of=20
interest to all applicants in the case, was  not an abuse of discretion. Th=
e=20
trial court also properly set aside  the consent judgment through which=20
plaintiff-Vestevich and defendant-township  hoped to modify the zoning=20
constraints without going through the  statutorily prescribed notice and=20
hearing procedures for zoning  controversies. It was apparent that defendan=
t=20
agreed to settle with  plaintiff by way of the consent judgment allowing=20
plaintiff to commercially  develop the residential parcel, not to avoid the=
=20
risks and rigors  of litigation over plaintiff's motion to reopen the case,=
=20
but to  avoid the uncertainties and burdens attendant to revisiting its =20
zoning ordinance or considering a variance. Affirmed.=20
=09=09
=09=09Full  Text Opinion
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Tax
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Back               to Quicklinks
=09=09
=09=09Issues:?  Vacation of order granting leave to appeal regarding refund=
  of=20
rain taxes previously declared illegal; Prospective application  of previou=
s=20
Supreme Court decision; Enforcement of the Headlee Amendment
=09=09Court:?  Michigan Supreme Court
=09=09Case  Name:? Bolt v. City of Lansing
=09=09e-Journal  Number:? 10244
=09=09Judge(s):?  Corrigan, Cavanagh, Kelly, Taylor, and Young, Jr.; Dissen=
t =01) =20
Weaver; Not participating =01) Markman
=09=09
=09=09In an order,  following briefing and oral argument by the parties, th=
e court=20
vacated  its earlier order granting leave to appeal and denied leave to=20
appeal  because the court was no longer persuaded that the questions=20
presented  should be reviewed by the court.
=09=09
=09=09The dissent  disagreed with the Court of Appeals holding that the cou=
rt=01,s=20
previous  opinion in this case was entitled to only prospective application=
, =20
and agreed with the dissenting opinion in the Court of Appeals,  that=20
effective enforcement of the Headlee Amendment required full  refunds of th=
e=20
illegally collected rain taxes.
=09=09
=09=09Full  Text Opinion
=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=09Back               to Quicklinks
=09=09
=09=09This summary  also appears under Negligence & Intentional Tort
=09=09
=09=09Issues:  Intentional tort exception to the WCDA; Sufficient evidence =
 to=20
establish the existence of a continually operative dangerous  condition;=20
Genuine issue of fact regarding whether defendant-employer  had actual=20
knowledge that an injury was certain to occur
=09=09Court:  Michigan Supreme Court
=09=09Case  Name: Menzel v. Light Metals Corp.
=09=09e-Journal  Number: 10213
=09=09Judge(s):  Corrigan, Weaver, Taylor, Young, Jr., and Markman; Voting =
to  deny=20
leave to appeal - Cavanagh and Kelly
=09=09
=09=09In lieu of  granting leave to appeal, the court reversed the judgment=
 of the =20
Court of Appeals in this case (see e-Journal  # 7881 in the 8/18/00 edition=
)=20
and reinstated the final  judgment of the circuit court granting defendant'=
s=20
motion for summary  disposition. Plaintiff did not provide sufficient proof=
=20
that the  employer had actual knowledge that injury was certain to occur.
=09=09
=09=09Full  Text Opinion
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09fields  of practice listings
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09ADR/Arbitration/Mediation
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09ASHER N.  TILCHIN, a  member of the American College of Civil Trial M=
ediators=20
and Michigan  Arbitration and Mediation Association provides mediation for=
=20
pre,  early, and matured lawsuits. He has been a successful mediator since =
=20
1991. Tilchin also provides arbitration services as a single or  multi-pane=
l=20
arbitrator. Cases involving construction, real estate,  commercial=20
transactions, and legal malpractice invited. Asher N.  Tilchin, 31731=20
Northwestern Hwy., Suite 106, Farmington Hills, MI  48334, (248)855-0995 or=
=20
Fax (248) 855-0850, e-mail antilchin@aol.com
=09=09
=09=09Back to Quicklinks
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Administrative  Law
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09JAMES R. VIVENTI, James R Viventi PLLC, 3670 Powderhorn  Drive, Okemo=
s, MI=20
48864-5924, Phone: (517) 381-0670, FAX: (517)  381-0671.=20
=09=09
=09=09Back to Quicklinks
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Adoption
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09MONICA FARRIS LINKNER, Sommers, Schwartz, Silver & Schwartz,  PC, 200=
0 Town=20
Center, Suite 900, Southfield, MI 48075-1100, Phone:  (248) 746-4011, FAX:=
=20
(248) 936-1976, e-mail: mlinkner@s4online.com. =20
=09=09
=09=09Back to Quicklinks
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Alternative  Dispute Resolution
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09DONNA CRAIG, Donna Craig & Associates PLC, 999 Haynes Street,  Suite =
245,=20
Birmingham, MI 48009, Phone: (248) 682-7750, FAX: (248)  682-2376, e-mail:=
=20
craigassoc@earthlink.net.  Visit www.adr-resource.com
=09=09
=09=09Back to Quicklinks
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Antitrust/Advertising/Trade  Regulation
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09DAVID G.  CHARDAVOYNE specializes  in the regulation of business comp=
etition,=20
including: antitrust  law, unfair competition, and the regulation of=20
advertising, labeling,  and other trade practices. Former Chairperson of=20
State Bar antitrust  and trade regulation section, more than 15 years'=20
experience in  this field. Will consult regarding antitrust issues=20
(monopolies,  mergers, price fixing, exclusive dealing, tying arrangements,=
=20
price  discrimination, dealer termination, market allocation); premerger =
=20
notice filings under Hart-Scott-Rodino Act; discussions with State  and=20
Federal regulatory agencies (FTC, Justice Department, Attorney  General);=
=20
compliance with laws regulating advertising (substantiation  of claims,=20
product labels, consumer price displays); and all other  matters relating t=
o=20
business competition. David G. Chardavoyne,  26755 La Muera Ave., Farmingto=
n=20
Hills, MI 48334-4613, (248) 477-6308,  e-mail chardavoyne@aol.com
=09=09
=09=09Back to Quicklinks
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Appeals
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09LAURIE S. LONGO, 214 South Main, Suite 210, Ann Arbor, MI  48104-2122=
, Phone:=20
(734) 913-5619, e-mail: 42203@msn.com.  Visit http://michiganappeals.com. =
=20
=09=09
=09=09Back to Quicklinks
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Appellate  Law
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09SAFFORD & BAKER, PLLC, 40900 Woodward Avenue, Suite 110, Bloomfield  =
Hills,=20
MI 48304, Phone: (248) 646-9100, FAX: (248) 646-9102. Visit =20
www.saffordbaker.com
=09=09
=09=09Back to Quicklinks
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Automobile  Warranty Law
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09LIBLANG  & ASSOCIATES:  Specializing in "Lemon Law", UCC, Magnuson-Mo=
ss,=20
Odometer  Fraud and Consumer Protection Act. Available for trials,=20
consultations  or referrals. Cases accepted statewide. Over 17 years and=20
5,000  cases. Michigan's most experienced lemon law attorneys, Dani K. =20
Liblang and Scott J. Sinkwitts. Please call (248) 540-9270 or e-mail  =20
NoLemons@aol.com=20
=09=09
=09=09Back to Quicklinks
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Business  & Taxation
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09LAW OFFICES  OF RALPH W. PEZDA.  Oakland County practitioner with an =
LL.M.=20
degree in taxation from  New York University will assist your clients or fi=
rm=20
with taxation,  business, interdisciplinary, and white collar criminal=20
matters.  Referrals paid. 27700 Northwestern Hwy., Suite 411, Southfield,  =
MI=20
48034. (248) 352-5632. E-mail address: rwp@cdlcorp.com
=09=09
=09=09Back to Quicklinks
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Construction  Law
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09JOHN V.  TOCCO, attorney,  construction engineer, and civil engineeri=
ng=20
professor, with over  twenty years experience in the construction industry,=
=20
provides mediation  and arbitration services for all construction matters.=
=20
Also provides  litigation support and claims analysis. Cases accepted=20
statewide.  Call (313) 406-2040 for CV, or review Profile at=20
www.johntocco.comE-mail john@johntocco.com
=09=09
=09=09Back to Quicklinks
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Copyrights
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09CAROL R. SHEPHERD, Arborlaw Associates, PLLC, 320 S Main  St, PO Box =
8403,=20
Ann Arbor, MI 48107-8403, Phone: (734) 668-4646,  FAX: (734) 822-4646,=20
e-mail: shepherd@arborlaw.com. =20
=09=09
=09=09Back to Quicklinks
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Criminal  Law
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09F. RANDALL KARFONTA, Attorney @ Law, 113 North Main, PO  Box 565, Lel=
and, MI=20
49654, Phone: (231) 256-2200. Visit http://www.leelanau.com  or=20
http://www.leelanau.com/professional/karfonta. =20
=09=09
=09=09Back to Quicklinks
=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
=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
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Environmental  Law
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09DEAN & FULKERSON, PC, Richard A. Barr, rbarr@dflaw.comor James K. O'B=
rien,=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
=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
=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.comor contact hi=
m=20
directly by e-mail at dharon@fsh-law.comor phone (248) 952-0400 at Frank,=
=20
Stefani, Haron & Hall  in Troy http://www.fsh-law.com/
=09=09
=09=09Back to Quicklinks
=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
=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
=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
=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
=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
=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
=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
=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
=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
=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
=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
=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
=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
=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
=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
=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
=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
=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
=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
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09classified  advertising
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Confidential  Records Destruction
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09SHRED-IT.  Confidentiality, Privacy and Document Security are vital i=
n=20
today's  environment. SHRED-IT provides solutions for secure destruction  o=
f=20
confidential, sensitive and proprietary information, utilizing  a unique,=
=20
mobile, ON-SITE document destruction system. Call 1-800-69-SHRED  or=20
1-800-697-4733. E-mail  Eastern Michigan; e-mail  Out state Michigan or vis=
it=20
 our website
=09=09
=09=09Back to Quicklinks
=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
=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
=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
=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
=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
=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
=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
=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
=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
=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
=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
=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.comThe Grand Rapids Bar Association is an Equ=
al=20
Opportunity Employer.   =20
=09=09
=09=09Back to Quicklinks
=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
=09=09
=09=09INSURANCE  CLAIMS attorney needed for growing company in pleasant, sm=
all =20
town environment. 3-5 years experience in claims and/or litigation =20
supervision with a property/casualty insurance company or insurance  defens=
e=20
firm mandatory. Member of the State Bar of Michigan required.  Send resume =
to=20
jhutchins@hastingsmutual.comor mail to Hastings Mutual Insurance Co., Attn:=
=20
Human Resources, 404  E. Woodlawn Avenue, Hastings, MI 49058. =20
=09=09
=09=09Back to Quicklinks
=09=09
=09=09MICHIGAN MIGRANT LEGAL ASSISTANCE PROJECT, INC., an established  migr=
ant=20
legal services program, seeks an Executive Director. Ideal  candidate has=
=20
five years experience in farmworker law, and some administrative  experienc=
e.=20
MMLAP is a statewide program that brings high impact cases  in state and=20
federal courts. Candidate must be, or promptly become,  licensed to practic=
e=20
in Michigan, and must be bi-lingual (English/Spanish).  Salary $65,000-DOE,=
=20
excellent benefits. Applications accepted through  June 15, 2001. MMLAP is =
an=20
EOE. Send resume to: Richard Kessler, Search  Committee, c/o MMLAP, 648=20
Monroe, N.W., Suite 318, Grand Rapids, MI  49504. =20
=09=09
=09=09Back to Quicklinks
=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=09RESPONSIBILITES  of this person are to provide advice to various depa=
rtments.=20
Draft,  review and negotiate agreements, debt instruments, and guaranties =
=20
for domestic and international business units. Review all advertising  for=
=20
compliance with FTC regulations, trademark usage and adherence  to corporat=
e=20
policies. Defend employment related legal actions and  review and advise on=
=20
hiring practices and procedures. Minimum qualifications  are seven years=20
experience from a law firm and/or a major corporation  with relevant practi=
ce=20
experience. Plus strong background with employment  law. J.D. from a=20
accredited law school, admitted to practice law in  Michigan or other U.S.=
=20
jurisdiction. Please send resume to Ashleys@dominos.com  or fax to=20
734-930-4350. Salary is 110K.Legal Department, Domino's  Pizza, 30 Frank=20
Lloyd Wright Drive, Ann Arbor, MI 48106.  =20
=09=09
=09=09Back to Quicklinks
=09=09
=09=09UNIVERSITY  OF MICHIGAN=01*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 provide  advice and counsel on health law matters =
in=20
the areas of managed care,  reimbursement, research and privacy/security. T=
he=20
position requires  experience in the above-noted areas. Candidates with=20
strong business  acumen-gained through in-house experience or by working=20
closely with  business clients-will be preferred. Minimum qualifications=20
include  excellent academic credentials, a law degree from an accredited la=
w =20
school, membership in the Michigan bar or eligibility for admission  based =
on=20
reciprocity, and at least 5 years of relevant experience.  The salary will =
be=20
commensurate with the selected candidate's experience  and employment in th=
e=20
public section. Applications will be accepted  until the position if 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: HEALTH, 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=09UNIVERSITY  OF MICHIGAN--The  Office of the Vice President and Genera=
l=20
Counsel of the University  of Michigan is seeking exceptionally qualified=
=20
applicants for an attorney  who will take primary responsibility for=20
coordinating the University's  litigation in the medical malpractice area.=
=20
The successful candidate  will engage and supervise outside counsel in=20
medical malpractice and  will provide advice and representation in other=20
areas of health care  law. This position will work closely with the senior=
=20
leadership of  the University Health System, including the Chief of Staff f=
or=20
Clinical  Affairs and the Director of the Medical Center Risk Management=20
Office,  other attorneys in the Office of the Vice President and General=20
Counsel,  and with individual members of the medical staff. The successful=
=20
candidate  will draft and review policies; serve on University committees;=
=20
conduct  educational programs on legal topics for the University community,=
 =20
and carry out other duties as assigned. Experience providing legal  service=
s=20
for a university affiliated, or similar, health care system  is desired. A=
=20
law degree from an NALS accredited law school, membership  or eligibility f=
or=20
membership in the State Bar of Michigan, at least  five years litigation=20
experience with an emphasis on medical malpractice,  reasonable experience =
in=20
health care law are required. Applications  will be accepted until the=20
position is filled, but applications should  be submitted promptly to ensur=
e=20
full consideration. To apply, please  send a cover letter and resume to:=20
Office of the Vice President and  General Counsel, Attention: MED MAL, 4010=
=20
Fleming Administration Building,  Ann Arbor, Michigan 48109-1340. The=20
University of Michigan is an equal  opportunity, affirmative action employe=
r.=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
=09=09
=09=09To receive information  on how to place a classified advertisement, c=
ontact=20
Stacy  Sage =20
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09news  & moves
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Back to Quicklinks
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09bar events
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Back to Quicklinks
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09archived  e-Journals=20
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09Case  Summary Cumulative Index
=09=09
=09=09Friday, May  11 e-Journal
=09=09
=09=09Monday, May  14 e-Journal
=09=09
=09=09Tuesday, May  15 e-Journal
=09=09
=09=09Wednesday,  May 16 e-Journal
=09=09
=09=09Thursday, May  17  e-Journal
=09=09
=09=09Back to Quicklinks
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09contacts
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09
=09=09For information  on classified advertising, contact Stacy Sage
=09=09
=09=09For information  on fields of practice listings, contact Stacy  Sage
=09=09
=09=09For unsubscribe  and change of address issues, contact: Carrie  Picke=
tt
=09=09
=09=09To list bar  event information, send your information to Carrie  Pick=
ett
=09=09
=09=09Editorial  comments may be sent to Nancy  Brown
=09=09
=09=09Technical  questions may be sent to e-journal-tech@michbar.org
=09=09
=09=09Who  Does What at the State Bar =20
=09=09
=09=09Back to Quicklinks
=09=09
=09=09
=09=09
=09=09
=09=09To receive the  text-only version, please send an e-mail to=20
lyris@lists.michbar.org In  the body, type: subscribe ejournal-text. To=20
unsubscribe from the html  version, type: unsubscribe ejournal on the next=
=20
line. You may re-subscribe  or unsubscribe at any time. =20

State Bar of  Michigan Home
Copyright , 2001, State Bar of Michigan =20
---
You are currently subscribed to ejournal as: [mark.e.haedicke@enron.com]
To unsubscribe, forward this message to=20
leave-ejournal-255481W@lists.michbar.org