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" 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