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		State  Bar of Michigan e-Journal for Monday, May 21, 2001
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
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		Qui  Tam   
		
		Special  Note: Today's e-Journal includes summaries of four U.  S. Sixth 
Circuit Court of Appeals opinions in the following  practice areas: 
Bankruptcy, Constitutional Law, Criminal  Law, Municipal, and Qui Tam.
		
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		Beth  I. deBaptiste-Follis 
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		case  summaries  
		
		
		
		Bankruptcy
		
		
		
		
		
		
		
		
		Back               to Quicklinks
		
		Issues:  Whether debt was nondischargeable pursuant to o 523(a)(4); Whether  
a state court magistrate's decision was a final judgment entitled  to 
preclusive effect; Whether the bankruptcy court's findings were  sufficient 
to support the conclusion that the debt was nondischargeable
		Court:  Bankruptcy Appellate Panel Sixth Circuit
		Case  Name: In re Thompson
		e-Journal  Number: 10248
		Judge(s):  Howard, Brown, and Morgenstern-Clarren
		
		The bankruptcy  court erred in giving preclusive effect to the state court 
magistrate's  decision in the dischargeability proceeding because there was 
no  final, appealable state court judgment entered in the record, which  was 
entitled to preclusive effect, and which could serve as a basis  for the 
bankruptcy court's decision as to the amount and nature  of the debt. The 
bankruptcy court's findings of fact were insufficient  to support the 
conclusion that the debt was nondischargeable pursuant  to o 523(a)(4) 
because the debtor's conversion amounted to "embezzlement".  The bankruptcy 
court's only independent finding from its trial of  the matter did not 
address all the elements necessary to establish  nondischargeability for 
embezzlement. Reversed and remanded.
		
		Full  Text Opinion
		
		
		
		
		
		Constitutional  Law 
		
		
		
		
		
		
		
		
		Back               to Quicklinks
		
		This summary  also appears under Municipal
		
		Issues:  Special use permit allowing property owner to operate a business  in 
a residential neighborhood; Alleged violations of federal procedural  and 
substantive due process rights resulting from issuance of special  use permit
		Court:  U.S. Court of Appeals Sixth Circuit
		Case  Name: Brody v. City of Mason
		e-Journal  Number: 10245
		Judge(s):  Cohn, Boggs, and Moore
		
		Since the plaintiffs  were allowed to participate in the special use permit 
decision process  and the defendant-city sufficiently considered evidence and 
facts  pertaining to the surrounding land before approving the permit and  
allowing the parking lot to be paved, the district court did not  err in 
finding that plaintiffs' procedural and substantive due process  rights were 
not violated. The city granted defendant-McCalla a special  use permit 
allowing her to operate a beauty salon in a residential  neighborhood and to 
pave the rear yard for parking. Plaintiffs were  neighboring property owners 
claiming to have suffered damage caused  by water runoff from the parking 
lot. The court concluded that plaintiffs'  argument that they were denied 
procedural due process via a meaningful  hearing was unpersuasive and that 
they failed to demonstrate that  any actions by the city planning commission, 
the zoning board of  appeals, or the zoning administrator was the result of 
favoritism  or special treatment. Affirmed.
		
		Full  Text Opinion
		
		
		
		
		
		Construction  Law 
		
		
		
		
		
		
		
		
		Back               to Quicklinks
		
		This summary  also appears under Negligence & Intentional Tort
		
		Issues:  General rule regarding the liability of property owner and general  
contractor for injuries to independent subcontractor's employees;  Three 
exceptions to the general rule; Premises liability
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: Nagy v. Consumers Power Co.
		e-Journal  Number: 10222
		Judge(s):  Per Curiam - Whitbeck, McDonald, and Collins
		
		The trial court  erred in finding that a question of fact existed whether an 
exception  applied to the general rule that neither a general contractor nor  
a landowner is liable in negligence for injuries to an independent  
subcontractor's employees. Two construction workers were killed  and one 
injured in a construction site accident where plaintiffs  inexplicably 
decided to push their scaffold directly toward overhead  power lines. The 
court examined the three exceptions to the general  rule, determined that 
none of the three exceptions applied, concluded  that the trial court 
incorrectly found that a question of fact concerning  the issue of liability 
was sufficiently raised by the pleadings,  and held that neither 
defendant-Venchurs nor defendant-Gocon were  liable in negligence for 
plaintiffs' injuries. Reversed in part,  affirmed in part, and remanded for 
entry of an order granting defendants  summary disposition.
		
		Full  Text Opinion
		
		
		
		
		
		Contracts
		
		
		
		
		
		
		
		
		Back               to Quicklinks
		
		This  summary also appears under Municipal
		
		Issues:  Garbage collection and disposal service provided to residential  
units in township under contract between township and waste management  
company; Breach of contract claim by owner and operator of a mobile  home 
parks located in township; Third party beneficiary status;  Equal protection; 
Due process; Rational basis test
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: American Presidential Estates, Inc. v. Van Buren Twp.
		e-Journal  Number: 10223
		Judge(s):  Per Curiam ) McDonald, Neff, and Fitzgerald
		
		While the trial  court properly concluded that an agreement between 
defendant-township  and defendant-waste management company entitled mobile 
homes in  plaintiff,s parks to free garbage collection, plaintiff-mobile 
home  park owner and operator had no right to enforce the contract. The  
trial court erred in concluding that plaintiff was a third-party  beneficiary 
of the agreement and awarding it damages on a breach  of contract theory. The 
agreement contained an express promise to  act for the benefit of the 
particular class of persons who owned  and occupied private residences within 
the township. Plaintiff was  not an individual resident or owner of private 
property within the  township, and the fact that it would indirectly and 
incidentally  derive benefits from its residents receiving free garbage 
collection  services was insufficient to provide it third-party beneficiary  
status. Reversed. 
		
		Full  Text Opinion
		
		Back  to Quicklinks  
		
		This summary  also appears under Employment & Labor Law
		
		Issues:  Consideration of plaintiffs, parol evidence of pre-employment 
discussions  concerning the nature of their employment relationship with 
defendants;  Breach of contract; At-will employment; Just-cause employment; 
Fraud  or misrepresentation; Fraud in the inducement
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: Eby v. A & M Custom Built Homes, Inc.
		e-Journal  Number: 10230
		Judge(s):  Per Curiam - Bandstra, Griffin, and Collins
		
		Although the  trial court erred by failing to consider plaintiffs-employees, 
parol  evidence of pre-employment discussions in support of their position  
that the employment relationship was not simply an at-will arrangement,  the 
court affirmed summary disposition in favor of defendants-employers  with 
respect to plaintiffs, breach of contract claim. The court  held that the 
error was harmless because, even if plaintiffs, proffered  parol evidence was 
considered, it failed to establish whether plaintiffs,  employment 
relationship with defendants properly could be considered  other than 
at-will. The letter agreement failed to contain any language  that would 
cause a reasonable person to believe that the employment  relationship was 
terminable only for just cause. Plaintiffs did  not allege any specific oral 
assertions made by defendants that  would constitute the required "clear and 
unequivocal"  language to overcome the presumption of employment at-will.  
Affirmed.
		
		Full  Text Opinion
		
		
		
		
		
		
		
		Criminal  Law
		
		
		
		
		
		
		Back               to Quicklinks
		
		Issues:  Whether the presiding judge abused her discretion in ordering a  
competency hearing when defendant appeared before her on the date  set for 
his trial; Whether defendant was denied a fair trial because  of negative and 
hostile remarks made by trial court during jury  voir dire; Denial of motion 
for a continuance to secure an  independent examination on the issue of 
criminal responsibility;  Ineffective assistance of counsel; Due process
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: People v. Washington
		e-Journal  Number: 10221
		Judge(s):  Per Curiam ) Bandstra, Wilder, and Collins
		
		The presiding  judge did not abuse her discretion in ordering a competency 
hearing  when defendant appeared before her on the date set for his trial.  
The presiding judge took testimony from the examining psychologist,  and 
defense counsel was allowed the opportunity to cross-examine  the witness. 
The psychologist, who had interviewed defendant, opined  that defendant was 
able to articulate what was occurring in the  court proceedings and assist 
his attorney with his defense. Since  defense counsel did not move in writing 
for another competency hearing  and there was no evidence presented that the 
earlier determination  that defendant was competent to stand trial was no 
longer valid,  the question of defendant's competence was within the 
discretion  of the presiding judge. Affirmed.
		
		Full  Text Opinion
		
		Back  to Quicklinks  
		
		Issues:  Unanimous verdict; Failure to instruct jury on name of the 
complainant  and date of offense; Ineffective assistance of counsel
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: People v. Wicker
		e-Journal  Number: 10242
		Judge(s):  Memorandum ) Holbrook, Jr., Hood, and Griffin
		
		Defendant,s  claim that the trial court erred in failing to instruct the 
jury  regarding the name of the complainant and the date of the offense,  
thereby depriving him of the right to a unanimous verdict, was without  
merit. The general unanimity instruction was sufficient where there  was no 
juror confusion. The trial testimony by witness-Mason established  that he 
was not an intended victim, and the prosecutor emphasized  throughout his 
closing argument that the victim was another man.  Defendant did not take 
issue at trial with the date of the offense,  and in fact presented an alibi 
for the date alleged by the prosecution.  Defendant,s convictions were 
affirmed. 
		
		Full  Text Opinion
		
		Back  to Quicklinks  
		
		Issues:  The Hyde Amendment authorizing reasonable attorney fees and  
litigation expenses to a prevailing party in a criminal case; Standard  of 
review for Hyde Amendment applications; Prosecution outside applicable  
statute of limitations; Insufficient evidence; Government,s trial  tactics; 
Defendant,s failure to comply with the Equal Access to  Justice Act 
		Court:  U.S. Court of Appeals Sixth Circuit
		Case  Name: United States v. True
		e-Journal  Number: 10247
		Judge(s):  Suhrheinrich, Guy, and Boggs
		
		Reviewing the  district court,s denial of defendant-True,s Hyde Amendment 
application  under an abuse of discretion standard, the court affirmed 
because  True failed to meet his burden of establishing that the government,
s  prosecution of him on price-fixing conspiracy charges was vexatious  or in 
bad faith. Despite conflicting testimony at trial, there were  sufficient 
facts to give the government probable cause to prosecute  True and therefore, 
it could not be said that the government vexatiously  prosecuted him. True 
also failed to show that the government consciously  pursued the action out 
of ill will towards him so that it could  be said that the government acted 
in bad faith. While the court  had some concerns about the government,s delay 
in indicting True,  there was evidence to support the government,s position 
that the  conspiracy extended into late 1992 and even into 1993. 
		
		Full  Text Opinion
		
		
		
		
		
		Employment  & Labor Law
		
		
		
		
		
		
		
		
		Back               to Quicklinks
		
		This summary  also appears under Contracts
		
		Issues:  Consideration of plaintiffs, parol evidence of pre-employment 
discussions  concerning the nature of their employment relationship with 
defendants;  Breach of contract; At-will employment; Just-cause employment; 
Fraud  or misrepresentation; Fraud in the inducement
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: Eby v. A & M Custom Built Homes, Inc.
		e-Journal  Number: 10230
		Judge(s):  Per Curiam - Bandstra, Griffin, and Collins
		
		Although the  trial court erred by failing to consider plaintiffs-employees, 
parol  evidence of pre-employment discussions in support of their position  
that the employment relationship was not simply an at-will arrangement,  the 
court affirmed summary disposition in favor of defendants-employers  with 
respect to plaintiffs, breach of contract claim. The court  held that the 
error was harmless because, even if plaintiffs, proffered  parol evidence was 
considered, it failed to establish whether plaintiffs,  employment 
relationship with defendants properly could be considered  other than 
at-will. The letter agreement failed to contain any language  that would 
cause a reasonable person to believe that the employment  relationship was 
terminable only for just cause. Plaintiffs did  not allege any specific oral 
assertions made by defendants that  would constitute the required "clear and 
unequivocal"  language to overcome the presumption of employment at-will.  
Affirmed.
		
		Full  Text Opinion
		
		
		
		
		
		
		
		
		Family Law
		
		
		
		
		
		Back  to Quicklinks
		
		Issues:  Termination of parental rights; Whether failure to secure 
respondent-mother,s  presence at the termination hearing deprived her of due 
process  of law
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: In re K.R.J.
		e-Journal  Number: 10236
		Judge(s):  Per Curiam - Griffin, Neff, and White
		
		The family  court erred by terminating respondent-mother,s parental rights 
based  on the failure of either parent to appear at the termination hearing  
because the failure to secure the respondent,s presence at the termination  
hearing deprived her of due process of law. Respondent,s parental  liberty 
interest in her child at the final stage of the termination  proceedings was 
a compelling one. The government,s interest in avoiding  the burden that the 
additional or substitute procedures would carry  likewise clearly weighed in 
respondent,s favor. Respondent was incarcerated  locally, therefore the 
burden on the state to secure her presence  would have been minimal. The 
incremental risk of an erroneous deprivation  of respondent,s parental rights 
in the absence of the procedure  demanded, tipped the scale in her favor. 
Reversed and remanded.
		
		Full  Text Opinion
		
		
		
		
		
		
		
		Litigation
		
		
		
		
		
		
		Back               to Quicklinks
		
		This summary  also appears under Negligence & Intentional Tort
		
		Issues:  Trespass and invasion of privacy; Discovery (MCR 2.302(B)(1));  
Privileged communications pursuant to the Private Detective License  Act; 
Denial of request for protective order; Ravary v. Reed
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: Tezak v. Huntington Research Assocs., LTD.
		e-Journal  Number: 10225
		Judge(s):  Per Curiam - Doctoroff, Cavanagh, and Meter
		
		The trial court  abused its discretion by denying defendant's motion for a 
protective  order in total and by ordering compliance with all of 
plaintiff's  discovery requests. A statutory private investigator-client 
privilege  exists and was examined by the court in Ravary, a published  
opinion, where the court held that any communication by a client  to a 
licensee and any information secured in connection with an  assignment for a 
client is privileged. The trial court was bound  to follow both the statute 
and Ravary. The applicable court  rule provides that parties may obtain 
discovery regarding any matter,  not privileged, which is relevant to the 
subject matter involved  in the pending action. Accordingly, the trial court 
should have  determined which discovery requests were covered by the private  
detective-client privilege and exempted those from discovery. Reversed  and 
remanded.
		
		Full  Text Opinion
		
		
		
		
		
		Municipal
		
		
		
		
		
		
		
		
		Back               to Quicklinks
		
		This summary  also appears under Contracts
		
		Issues:  Garbage collection and disposal service provided to residential  
units in township under contract between township and waste management  
company; Breach of contract claim by owner and operator of a mobile  home 
parks located in township; Third party beneficiary status;  Equal protection; 
Due process; Rational basis test
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: American Presidential Estates, Inc. v. Van Buren Twp.
		e-Journal  Number: 10223
		Judge(s):  Per Curiam ) McDonald, Neff, and Fitzgerald
		
		While the trial  court properly concluded that an agreement between 
defendant-township  and defendant-waste management company entitled mobile 
homes in  plaintiff,s parks to free garbage collection, plaintiff-mobile 
home  park owner and operator had no right to enforce the contract. The  
trial court erred in concluding that plaintiff was a third-party  beneficiary 
of the agreement and awarding it damages on a breach  of contract theory. The 
agreement contained an express promise to  act for the benefit of the 
particular class of persons who owned  and occupied private residences within 
the township. Plaintiff was  not an individual resident or owner of private 
property within the  township, and the fact that it would indirectly and 
incidentally  derive benefits from its residents receiving free garbage 
collection  services was insufficient to provide it third-party beneficiary  
status. Reversed. 
		
		Full  Text Opinion
		
		Back  to Quicklinks  
		
		This summary  also appears under Constitutional Law
		
		Issues:  Special use permit allowing property owner to operate a business  in 
a residential neighborhood; Alleged violations of federal procedural  and 
substantive due process rights resulting from issuance of special  use permit
		Court:  U.S. Court of Appeals Sixth Circuit
		Case  Name: Brody v. City of Mason
		e-Journal  Number: 10245
		Judge(s):  Cohn, Boggs, and Moore
		
		Since the plaintiffs  were allowed to participate in the special use permit 
decision process  and the defendant-city sufficiently considered evidence and 
facts  pertaining to the surrounding land before approving the permit and  
allowing the parking lot to be paved, the district court did not  err in 
finding that plaintiffs' procedural and substantive due process  rights were 
not violated. The city granted defendant-McCalla a special  use permit 
allowing her to operate a beauty salon in a residential  neighborhood and to 
pave the rear yard for parking. Plaintiffs were  neighboring property owners 
claiming to have suffered damage caused  by water runoff from the parking 
lot. The court concluded that plaintiffs'  argument that they were denied 
procedural due process via a meaningful  hearing was unpersuasive and that 
they failed to demonstrate that  any actions by the city planning commission, 
the zoning board of  appeals, or the zoning administrator was the result of 
favoritism  or special treatment. Affirmed.
		
		Full  Text Opinion
		
		Back  to Quicklinks  
		
		This summary also appears under Negligence & Intentional Tort  
		
		Issues: Whether the police chief was entitled to governmental  immunity 
because his executive authority included his duties as  chief and his 
ordinary duties as an officer; Denial of motion for  reconsideration on the 
sufficiency of evidence that all defendants  were grossly negligent; Whether 
there is a tort of "assault and  battery by gross negligence"; Denial of 
motion to "correct" complaint  
		Court: Michigan Court of Appeals (Unpublished) 
		Case Name: Lewkowicz v. Poe 
		e-Journal Number: 10228 
		Judge(s): Per Curiam - Zahra, Smolenski, and Gage 
		
		Since the defendant-police chief's "executive authority" included  his duties 
as a high ranking executive, as well as his duties as  a police officer, and 
he was directed by the mayor to attend the  city council meeting in his 
official capacity, the trial court correctly  determined that the police 
chief was entitled to absolute immunity  from tort liability. Plaintiff 
alleged that since the chief was  acting as an ordinary police officer and 
not in his executive capacity  as chief of police, when he arrested plaintiff 
for disrupting a  cable TV control room during a city council meeting, the 
chief was  not entitled to absolute immunity under the relevant statute. The  
chief acted within the authority granted him by law as a police  officer when 
he arrested and detained plaintiff, and was entitled  to absolute immunity 
under the statute by virtue of his status as  the highest law enforcement 
official for the city. Summary disposition  in favor of defendants was 
affirmed. 
		
		Full  Text Opinion 
		
		
		
		
		
		
		
		Negligence & Intentional Tort
		
		
		
		
		
		
		Back               to Quicklinks
		
		Issues:  Prima facie case of negligence; Duty owed by a power  company to its 
customers; Causation; Directed verdict; Res ipsa  loquitor; Doctrine of 
spoliation; SJI2d 6.01
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: Citizens Ins. Co. v. Detroit Edison
		e-Journal  Number: 10226
		Judge(s):  Per Curiam ) Bandstra, Wilder, and Collins
		
		Plaintiffs-homeowners  and their insurer failed to establish a prima facie 
case  of negligence against defendant-power company in connection with  a 
fire that occurred at the homeowners, home after defendant,s power  lines 
fell. Plaintiffs did not produce evidence from which a jury  could infer that 
defendant breached its duty of reasonable care  with regard to the lines that 
plaintiffs alleged caused the fire.  Plaintiffs failed to offer evidence to 
establish what constitutes  reasonable maintenance of electrical lines, and 
presented no evidence  regarding when defendant last inspected or serviced 
the lines in  question. While two experts opined that the electrical line 
must  have fallen due to a lack of preventive maintenance, there was no  
evidence of defendant,s conduct in that regard, and trial testimony  provided 
alternative theories on the causation issue. Directed verdict  for Detroit 
Edison was appropriate. Affirmed.
		
		Full  Text Opinion
		
		Back  to Quicklinks  
		
		This summary also appears under Municipal
		
		Issues:  Whether the police chief was entitled to governmental immunity  
because his executive authority included his duties as chief and  his 
ordinary duties as an officer; Denial of motion for reconsideration  on the 
sufficiency of evidence that all defendants were grossly  negligent; Whether 
there is a tort of "assault and battery by gross  negligence"; Denial of 
motion to "correct" complaint
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: Lewkowicz v. Poe
		e-Journal  Number: 10228
		Judge(s):  Per Curiam - Zahra, Smolenski, and Gage
		
		Since the defendant-police  chief's "executive authority" included his duties 
as a high ranking  executive, as well as his duties as a police officer, and 
he was  directed by the mayor to attend the city council meeting in his  
official capacity, the trial court correctly determined that the  police 
chief was entitled to absolute immunity from tort liability.  Plaintiff 
alleged that since the chief was acting as an ordinary  police officer and 
not in his executive capacity as chief of police,  when he arrested plaintiff 
for disrupting a cable TV control room  during a city council meeting, the 
chief was not entitled to absolute  immunity under the relevant statute. The 
chief acted within the  authority granted him by law as a police officer when 
he arrested  and detained plaintiff, and was entitled to absolute immunity 
under  the statute by virtue of his status as the highest law enforcement  
official for the city. Summary disposition in favor of defendants  was 
affirmed.
		
		Full  Text Opinion
		
		Back  to Quicklinks  
		
		This summary  also appears under Construction Law
		
		Issues:  General rule regarding the liability of property owner and general  
contractor for injuries to independent subcontractor's employees;  Three 
exceptions to the general rule; Premises liability
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: Nagy v. Consumers Power Co.
		e-Journal  Number: 10222
		Judge(s):  Per Curiam - Whitbeck, McDonald, and Collins
		
		The trial court  erred in finding that a question of fact existed whether an 
exception  applied to the general rule that neither a general contractor nor  
a landowner is liable in negligence for injuries to an independent  
subcontractor's employees. Two construction workers were killed  and one 
injured in a construction site accident where plaintiffs  inexplicably 
decided to push their scaffold directly toward overhead  power lines. The 
court examined the three exceptions to the general  rule, determined that 
none of the three exceptions applied, concluded  that the trial court 
incorrectly found that a question of fact concerning  the issue of liability 
was sufficiently raised by the pleadings,  and held that neither 
defendant-Venchurs nor defendant-Gocon were  liable in negligence for 
plaintiffs' injuries. Reversed in part,  affirmed in part, and remanded for 
entry of an order granting defendants  summary disposition.
		
		Full  Text Opinion
		
		Back  to Quicklinks  
		
		This summary  also appears under Litigation
		
		Issues:  Trespass and invasion of privacy; Discovery (MCR 2.302(B)(1));  
Privileged communications pursuant to the Private Detective License  Act; 
Denial of request for protective order; Ravary v. Reed
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: Tezak v. Huntington Research Assocs., LTD.
		e-Journal  Number: 10225
		Judge(s):  Per Curiam - Doctoroff, Cavanagh, and Meter
		
		The trial court  abused its discretion by denying defendant's motion for a 
protective  order in total and by ordering compliance with all of 
plaintiff's  discovery requests. A statutory private investigator-client 
privilege  exists and was examined by the court in Ravary, a published  
opinion, where the court held that any communication by a client  to a 
licensee and any information secured in connection with an  assignment for a 
client is privileged. The trial court was bound  to follow both the statute 
and Ravary. The applicable court  rule provides that parties may obtain 
discovery regarding any matter,  not privileged, which is relevant to the 
subject matter involved  in the pending action. Accordingly, the trial court 
should have  determined which discovery requests were covered by the private  
detective-client privilege and exempted those from discovery. Reversed  and 
remanded.
		
		Full  Text Opinion
		
		
		
		
		
		Qui Tam
		
		
		
		
		
		
		
		
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		Issues:  Qui tam action; False Claims Act (FCA)
		Court:  U.S. Court of Appeals Sixth Circuit
		Case  Name: Varljen v. Cleveland Gear Co., Inc.
		e-Journal  Number: 10246
		Judge(s):  Siler, Nelson, and Clay 
		
		The district  court erred in granting defendants, motion to dismiss based on 
plaintiffs-relators  failure to allege that the United States had suffered an 
injury  in its dealings with defendant-Cleveland Gear because the trial  
court relied upon the fact that the government had inspected and  accepted 
the items in question. Plaintiffs, complaint should have  survived the motion 
because it clearly alleged an FCA "injury",  it was not essential for an FCA 
plaintiff to allege damages, the  government inspection was irrelevant, and 
the relative quality of  conforming and nonconforming products in an FCA 
case. Plaintiffs  had a contract with the United States Department of Defense 
and  subcontracted with Cleveland Gear. Plaintiffs alleged that 
defendant-Cleveland  Gear made changes that violated the contract 
specifications and  attempted to produce gears more cheaply that would 
nonetheless pass  government inspection. Defendant-Cleveland Gear's 
certification  that it had complied with the "Quality Assurance 
Requirements,"  including inspection, was false. Reversed and remanded.?????
		
		Full  Text Opinion
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		fields  of practice listings
		
		
		
		
		
		ADR/Arbitration/Mediation
		
		
		
		
		
		
		ASHER N.  TILCHIN, a  member of the American College of Civil Trial Mediators 
and Michigan  Arbitration and Mediation Association provides mediation for 
pre,  early, and matured lawsuits. He has been a successful mediator since  
1991. Tilchin also provides arbitration services as a single or  multi-panel 
arbitrator. Cases involving construction, real estate,  commercial 
transactions, and legal malpractice invited. Asher N.  Tilchin, 31731 
Northwestern Hwy., Suite 106, Farmington Hills, MI  48334, (248)855-0995 or 
Fax (248) 855-0850, e-mail antilchin@aol.com
		
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		Administrative  Law
		
		
		
		
		
		
		JAMES R. VIVENTI, James R Viventi PLLC, 3670 Powderhorn  Drive, Okemos, MI 
48864-5924, Phone: (517) 381-0670, FAX: (517)  381-0671. 
		
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		Adoption
		
		
		
		
		
		
		MONICA FARRIS LINKNER, Sommers, Schwartz, Silver & Schwartz,  PC, 2000 Town 
Center, Suite 900, Southfield, MI 48075-1100, Phone:  (248) 746-4011, FAX: 
(248) 936-1976, e-mail: mlinkner@s4online.com.  
		
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		Alternative  Dispute Resolution
		
		
		
		
		
		
		DONNA CRAIG, Donna Craig & Associates PLC, 999 Haynes Street,  Suite 245, 
Birmingham, MI 48009, Phone: (248) 682-7750, FAX: (248)  682-2376, e-mail: 
craigassoc@earthlink.net.  Visit www.adr-resource.com
		
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		Antitrust/Advertising/Trade  Regulation
		
		
		
		
		
		
		DAVID G.  CHARDAVOYNE specializes  in the regulation of business competition, 
including: antitrust  law, unfair competition, and the regulation of 
advertising, labeling,  and other trade practices. Former Chairperson of 
State Bar antitrust  and trade regulation section, more than 15 years' 
experience in  this field. Will consult regarding antitrust issues 
(monopolies,  mergers, price fixing, exclusive dealing, tying arrangements, 
price  discrimination, dealer termination, market allocation); premerger  
notice filings under Hart-Scott-Rodino Act; discussions with State  and 
Federal regulatory agencies (FTC, Justice Department, Attorney  General); 
compliance with laws regulating advertising (substantiation  of claims, 
product labels, consumer price displays); and all other  matters relating to 
business competition. David G. Chardavoyne,  26755 La Muera Ave., Farmington 
Hills, MI 48334-4613, (248) 477-6308,  e-mail chardavoyne@aol.com
		
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		Appeals
		
		
		
		
		
		
		LAURIE S. LONGO, 214 South Main, Suite 210, Ann Arbor, MI  48104-2122, Phone: 
(734) 913-5619, e-mail: 42203@msn.com.  Visit http://michiganappeals.com.  
		
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		Appellate  Law
		
		
		
		
		
		
		SAFFORD & BAKER, PLLC, 40900 Woodward Avenue, Suite 110, Bloomfield  Hills, 
MI 48304, Phone: (248) 646-9100, FAX: (248) 646-9102. Visit  
www.saffordbaker.com
		
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		Automobile  Warranty Law
		
		
		
		
		
		
		LIBLANG  & ASSOCIATES:  Specializing in "Lemon Law", UCC, Magnuson-Moss, 
Odometer  Fraud and Consumer Protection Act. Available for trials, 
consultations  or referrals. Cases accepted statewide. Over 17 years and 
5,000  cases. Michigan's most experienced lemon law attorneys, Dani K.  
Liblang and Scott J. Sinkwitts. Please call (248) 540-9270 or e-mail   
NoLemons@aol.com 
		
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		Business  & Taxation
		
		
		
		
		
		
		LAW OFFICES  OF RALPH W. PEZDA.  Oakland County practitioner with an LL.M. 
degree in taxation from  New York University will assist your clients or firm 
with taxation,  business, interdisciplinary, and white collar criminal 
matters.  Referrals paid. 27700 Northwestern Hwy., Suite 411, Southfield,  MI 
48034. (248) 352-5632. E-mail address: rwp@cdlcorp.com
		
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		Construction  Law
		
		
		
		
		
		
		JOHN V.  TOCCO, attorney,  construction engineer, and civil engineering 
professor, with over  twenty years experience in the construction industry, 
provides mediation  and arbitration services for all construction matters. 
Also provides  litigation support and claims analysis. Cases accepted 
statewide.  Call (313) 406-2040 for CV, or review Profile at 
www.johntocco.com  E-mail john@johntocco.com
		
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		Copyrights
		
		
		
		
		
		
		CAROL R. SHEPHERD, Arborlaw Associates, PLLC, 320 S Main  St, PO Box 8403, 
Ann Arbor, MI 48107-8403, Phone: (734) 668-4646,  FAX: (734) 822-4646, 
e-mail: shepherd@arborlaw.com.  
		
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		Criminal  Law
		
		
		
		
		
		
		F. RANDALL KARFONTA, Attorney @ Law, 113 North Main, PO  Box 565, Leland, MI 
49654, Phone: (231) 256-2200. Visit http://www.leelanau.com  or 
http://www.leelanau.com/professional/karfonta.  
		
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		RAYMOND A. CASSAR, Law Offices of Raymond A. Cassar, 30665  Northwestern Hwy, 
Suite 100, Farmington Hills, MI 48334, Phone: (248)  855-0911, FAX: (248) 
855-9523, e-mail: rcassar@aol.com.  Additional offices located in Oakland 
County (248) 855-0911, and Wayne  County (313) 278-8811. Visit 
www.crimlawattorney.com.  
		
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		TALPOS & ARNOLD PC, 2855 Coolidge Road, Suite 109, Troy, MI  48084-3215, 
Phone: (248) 643-4515, FAX: (248) 643-4797, e-mail: jctalpos@aol.com.  Visit 
www.Mich-Lawyer.com.  
		
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		Environmental  Law
		
		
		
		
		
		
		DEAN & FULKERSON, PC, Richard A. Barr, rbarr@dflaw.com  or James K. O'Brien, 
jobrien@dflaw.com,  801 W Big Beaver, Suite 500, Troy, MI 48084-4767, Phone: 
(248) 362-1300,  FAX: (248) 362-1358. 
		
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		Family  Law
		
		
		
		
		
		
		JOHN G. MAKRIS, 802 E Big Beaver Rd, Troy, MI 48083-1404,  Phone: (248) 
528-1811, FAX: (248) 524-0973, e-mail: jgmakris@altavista.com.  
		
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		Federal  False Claims (Qui Tam) Actions
		
		
		
		
		
		
		HaronDAVID  HARON represents  whistleblowers in civil false claims actions 
and works with referring  attorneys nationwide who specialize in employment 
law and other  fields. Under the federal False Claims Act, private 
individuals  with knowledge of fraud against federal programs can file suit 
on  behalf of the United States and receive a substantial share of any  
recovery. Representing such claimants, Mr. Haron has recovered millions  of 
dollars in Medicare and Medicaid funds that had been fraudulently  obtained 
by health-care providers, primarily through abusive billing  practices. To 
learn more, visit his qui tam web site at www.QuiTamOnline.com  or contact 
him directly by e-mail at dharon@fsh-law.com  or phone (248) 952-0400 at 
Frank, Stefani, Haron & Hall  in Troy http://www.fsh-law.com/
		
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		Health  Law 
		
		
		
		
		
		
		KENNETH R. MARCUS, representing provider organizations and  professionals 
since 1984 in Blue Cross/Medicaid/Medicare Audit Defense,  Payment Appeals, 
Stark Act Compliance, Managed Care Contracting,  Physician Transactions, 
Corporate Law. I work collaboratively with  general counsel. Phone 
888.865.9955, fax: 248.865.9956, e-mail:  krmarcus@aol.com. Visit 
www.lawyers.com/kenmarcus.
		
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		Hospital  & Medical Negligence
		
		
		
		
		
		
		THE  LAW OFFICES OF JOHN S. HONE, P.C., representing victims  of hospital and 
medical negligence resulting in serious injury,  permanent cognitive and 
physical disability and wrongful death.  Millions won, available for 
consultation and referral, cases accepted  statewide. Phone Hone: (248) 
888-7585; Toll Free: 888-HMO-1010;  Fax: (248) 473-8895; E-mail to 
mmhmolawsuit@aol.com
		
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		Immigration  and Naturalization
		
		
		
		
		
		
		NAHIL PETER ANTONE, N. Peter Antone, PC, 16445 West Twelve  Mile Road, Suite 
100, Southfield, MI 48076, Phone: (248) 559-0707,  FAX: (248) 559-0790, 
e-mail: Peter@Antone.com.  Visit http://Antone.com.  
		
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		ROGER R. RATHI, Attorney at Law, 29777 Telegraph Road, Suite  2500, 
Southfield, MI 48034, Phone: (248) 539-8421, FAX: (248) 353-2786,  e-mail: 
rrathi@yahoo.com.  
		
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		STEVEN N. GARMO, Law Offices of Garmo & Garmo, 28230 Orchard  Lake Road, 
Suite 201, Farmington Hills, MI 48334, Phone: (248) 626-0050,  FAX: (248) 
626-0051, e-mail: steve@garmo.com.  Visit: www.garmo.com.  
		
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		Immigration  Law
		
		
		
		
		
		
		MARSHAL  E. HYMAN & ASSOCIATES. All  aspects of immigration law including 
employment-based immigration  for professionals and skilled workers. Labor 
certifications. Family-based  immigration. Immigration from Canada. Political 
asylum, all waivers  and appeals. Corporate transfers for multinational 
employees. Representation  in Immigration courts and Federal courts since 
1981. 3250 West Big  Beaver, Suite 529, Troy, MI 48084. (248) 643-0642, Fax: 
(248) 643-0798.  E-mail: marshalhyman@msu.com
		
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		Insurance  Law
		
		
		
		
		
		
		STUART A. SKLAR, Fabian, Sklar & Davis, PC, 31800 Northwestern  Hwy, Suite 
205, Farmington Hills, MI 48334, Phone: (248) 855-2110,  FAX: (248) 855-0209. 
Additional office located in West Michigan  (616) 451-9900, e-mail: 
ssklar-firelaw@tir.com.  
		
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		Intellectual  Property Law
		
		
		
		
		
		
		GIFFORD, KRASS, GROH, SPRINKLE, ANDERSON & CITKOWSKI, P.C.,  280 North Old 
Woodward, Suite 400, Birmingham, MI 48009-5392, Phone:  (248) 647-6000, FAX: 
(248) 647-5210, e-mail: info@patlaw.com.  
		
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		RADER, FISHMAN & GRAUER, PLLC, Bloomfield Hills (248) 594-0600;  Grand Rapids 
(616) 742-3500; Washington, DC (202) 955-3750; Englewood,  CO (303) 991-1200. 
Visit www.intelprop.com.  
		
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		Labor  & Employment
		
		
		
		
		
		
		THE LAW  OFFICE of  Gregory T. Gibbs  is an AV rated firm with years of 
experience in employment law advice  and litigation. We can answer questions 
about: handbooks, sexual  harassment, wrongful discharge, discrimination, 
family medical leave,  collective bargaining, wage-hour issues or any other 
employment  related matter under state or federal law. We work with you and  
your clients under referral fee arrangements. 328 S. Saginaw St.,  Ste. 9001, 
Flint, MI 48502. (810) 239-9470, fax (810) 235-2468,  e-mail: 
bakerlak@tir.com
		
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		DAVID D. KOHL, 39500 Orchard Hill Place, Suite 110, Novi, MI  48375, Phone: 
(248) 347-6666, FAX: (248) 348-8707, e-mail: daviddkohl@juno.com.  
		
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		Litigation
		
		
		
		
		
		
		FINK, ZAUSMER & KAUFMAN, PC, 31700 Middlebelt Rd #150, Farmington  Hills, MI 
48334, Phone: (248) 851-4111, FAX: (248) 851-0100. Additional  offices 
located in Detroit (313) 963-3873, and Lansing (517) 374-2735.  Visit 
http://www.lawsite.com  
		
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		STEPHEN K. VALENTINE, JR, Valentine & Associates, 5767 West  Maple Road. 
Suite 400, West Bloomfield, MI 48322, Phone: (248) 851-3010,  FAX: (248) 
851-1553.  
		
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		Medical  Malpractice
		
		
		
		
		
		
		WANT A SECOND  OPINION ON A MEDICAL MALPRACTICE CASE? The  law offices of 
Anthony M. Malizia, P.C., is a statewide firm that  handles only medical 
malpractice cases. I am Martindale-Hubbell  "AV-rated." I sit as a 
plaintiff's medical malpractice  mediator. I have 20 years experience in the 
review and development  of these cases, many trials to jury verdict, and many 
more settlements.  Over the years, upwards of 20% of my case inventory has 
consisted  of meritorious cases initially rejected by others, including 
"name  firms." Oftentimes these cases were subjected to incomplete  analysis 
because of the firm's lack of in-depth, medico-legal background.  Sometimes 
medical sleuthing or a new perspective was required. Send  me your rejected 
case for a "de novo" review. We also  welcome the referral of "new" cases. 
Anthony M. Malizia,  P.C., 37000 Grand River, Suite 340, Farmington Hills, MI 
48335,  1-800-555-5107 or e-mail: amlmalizia@aol.com
		
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		Real  Estate
		
		
		
		
		
		
		BRAD B. ALDRICH, Law Offices of Brad B. Aldrich, PLLC, 645  Griswold, Suite 
3261, Detroit, MI 48226, Phone: (313) 965-9490,  FAX: (313) 965-9478, e-mail 
belmontald@aol.com.
		
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		Special  Education Law
		
		
		
		
		
		
		LAW OFFICES  OF MARSHA LYNN TUCK with  20 years experience, 
Martindale-Hubbell "AV-rated," representing  students with and without 
disabilities in suspension, expulsion,  integration, inclusion, and similar 
cases. Marsha Lynn Tuck, 30700  Telegraph Road, Suite 4646, Bingham Farms, MI 
48025. (248) 585-9338.
		
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		Tax  Litigation & Disputes
		
		
		
		
		
		
		JOSEPH FALCONE  is  available to assist attorneys with Federal and State 
Civil and Criminal  Tax Litigation and Dispute matters. Joseph Falcone, a 
former IRS  Detroit District Counsel Trial Attorney, has handled thousands 
of  tax matters and has 27 years experience working in the specialized  area 
of Tax Litigation and Disputes. If you require assistance with  a major tax 
dispute, wish to refer a matter, or just need a few  minutes consultation 
over the phone with your specific problem or  question, telephone or e-mail 
us jf@lawyer.com.  Visit our website at www.lawyers.com/falconerolfe.  
Falcone & Rolfe, P.C., 3000 Town Center, Suite 2370, Southfield,  MI 48075. 
(248) 357 6610. Fax (248) 357-6613.
		
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		Transportation  Law
		
		
		
		
		
		
		PAUL M. ROSS, P.C., 2840 East Grand River Avenue, Suite  1, East Lansing, MI 
48823-4911, Phone: (517) 337-7677, FAX: (517)  332-9361, e-mail: 
pross1412@aol.com.  
		
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		Worker's  Compensation
		
		
		
		
		
		
		JOHN M. H ULRICH, IV, Crawforth Mcmanus Tenbrunsel & Ulrich,  999 Haynes 
Street, Suite 245, Birmingham, MI 48009-6702, Toll-free:  (800) 424-4878, 
Phone: (248) 540-1270, FAX: (248) 540-3925. 
		
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		To receive information  on how to place a Fields of Practice listing, contact 
Stacy  Sage or see Advertising  Opportunities on our website.  
		
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		classified  advertising
		
		
		
		
		
		Confidential  Records Destruction
		
		
		
		
		
		
		SHRED-IT.  Confidentiality, Privacy and Document Security are vital in 
today's  environment. SHRED-IT provides solutions for secure destruction  of 
confidential, sensitive and proprietary information, utilizing  a unique, 
mobile, ON-SITE document destruction system. Call 1-800-69-SHRED  or 
1-800-697-4733. E-mail  Eastern Michigan; e-mail  Out state Michigan or visit 
 our website
		
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		Expert  Witness-Building
		
		
		
		
		
		
		EXPERT WITNESS  services  for construction issues. Our cases include issues 
of faulty construction,  failure to disclose, personal injury and ADA. Mr. 
Tyson is a member  of many model code organizations including BOCA, ICBO, 
NFPA and  ASTM. Our attorney clients represent plaintiffs and defendants.  
Rendering independent and unbiased opinions. Ortonville, MI. Phone  (248) 
627-6859.
		
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		RESIDENTIAL  CONSTRUCTION--ABR  Construction Company, Inc. offering expertise 
in all phases of residential  construction related to workmanship, cost, 
time, structural analysis,  civil analysis, and other related problems. 
Contact Jack W. Belkin  member BOCA, ASHI, Bldg. Spec. Inc. licensed builder 
and real estate  broker. (248) 443-4063, cell (248) 867-5042 and fax (248) 
443-4065,  e-mail jwbelkin@mich.com    
		
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		Expert  Witness-Economics Consulting
		
		
		
		
		
		
		ECONOMIC LOSS CALCULATION and litigation support in personal  injury, 
wrongful death and wrongful discharge cases. Over 25 years  experience 
including Chief Economist for the Michigan Department  of Commerce. John F. 
Hanieski, Ph.D., Economics Consulting Services,  LLC, 8583 W. Eaton Hwy., 
Grand Ledge, MI 48837. (517) 627-6968.  E-mail: hanieski.john@acd.net  
website: http://userdata.acd.net/hanieski.john
		
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		Expert  Witness-Forensic & Environmental Geologist
		
		
		
		
		
		
		FORENSIC  and ENVIRONMENTAL GEOLOGIST*Certified Professional Geologist;  29 
years investigating soil and water issues for government and  private 
sectors; deposition and trial experience applicable to cases  involving 
insurance claims, construction accidents, environmental  contamination, 
wetlands, property transactions, malpractice, murder,  rape, etc. For more 
information, contact Robert A. Hayes, (517)  655-8348, or 
www.geoforensics.com
		
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		Expert  Witness-Legal Malpractice
		
		
		
		
		
		
		LEGAL MALPRACTICE-EXPERT  EVALUATION, pre-  and post-litigation analysis, 
written opinions, deposition and trial  testimony in plaintiff originated or 
defendant defended legal malpractice  cases that involve Real Estate and 
Commercial Transactions and Civil  Litigation. 18 years' experience as legal 
malpractice expert. Asher  N. Tilchin, Tilchin, Hall & Reynolds P.C., 31731 
Northwestern  Hwy., Suite 106, Farmington Hills, MI 48334. (248) 855-0995, 
fax  (248) 855-0850. E-mail antilchin@aol.com
		
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		Lawsuit  Financials
		
		
		
		
		
		
		DO MONEY  PROBLEMS caused  by disability force some of your clients to settle 
strong, valuable  cases for pennies on the dollar? A Lawsuit Financial, 
L.L.C. contingent  advance allows you time to obtain the maximum dollar 
possible for  your client's case. Lawsuit Financial, L.L.C., 29777 Telegraph 
Road,  Suite 1310, Southfield, MI 48034. Call (248) 948-1800 or (877) 
377-SUIT.
		
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		Legal  Research
		
		
		
		
		
		
		OPEN online  offers instant and cost effective access to public records. 
Select  from many sources of criminal data, verify social security numbers,  
confirm driving records, find addresses, UCC and incorporation filings,  real 
property records, bankruptcies, liens and judgments. For information  call 
800-935-OPEN (6736), email info@openonline.com,  or visit www.openonline.com
		
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		Office  Space Available
		
		
		
		
		
		
		SOUTHFIELD  LAW OFFICE FOR RENT-Reception, conference, kitchen, photocopier,  
fax, file room; secretary to share. Central location near all major  
expressways for quick access for clientele and courts in the tri-county  
area. Attractive and professional. Call Sandra Maison at (248) 355-9400.   
Ddelong@thompsonmorello.com
		
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		Positions  Available
		
		
		
		
		
		
		DAWDA, MANN, MULCAHY & SADLER a full-service Bloomfield  Hills firm, with 25 
attorneys and a national client base, is seeking  a real estate/corporate 
transactional attorney. Qualified candidates  must have 3-5 years experience 
with strong academic credentials.  Send resume and references to Director of 
Administration, 39533  Woodward Avenue, Suite 200, Bloomfield Hills, MI 
48304. 
		
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		 DAWDA, MANN, MULCAHY & SADLER a full-service Bloomfield Hills  firm, with 25 
attorneys and a national client base, is seeking a real  estate/corporate 
transactional paralegal. Qualified candidates must  have 3-5 years experience 
with strong academic credentials. Send resume  and references to Director of 
Administration, 39533 Woodward Avenue,  Suite 200, Bloomfield Hills, MI 
48304.  
		
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		ESTABLISHED  MID-SIZED AV Rated Bloomfield Hills litigation firm 
representing  businesses and insurance companies, seeks attorney with 0-3 
years  experience. Litigation experience helpful. Please direct resumes to  
Linda Pillsworth via e-mail: lpillsworth@kallashenk.com or, Facsimile:  (248) 
335-9889, or via regular mail: 43902 Woodward Avenue, Suite  200, Bloomfield 
Hills, MI 48302. NO TELEPHONE CALLS PLEASE.  
		
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		EXECUTIVE DIRECTOR-The  Grand Rapids Bar Association is soliciting 
applications for the position  of Executive Director. The GRBA is a voluntary 
local bar with 1,500  members, a full-time staff of 7, one-half-time position 
and 8 part-time  volunteers. The Executive Director is the chief operating 
officer.  The GRBA includes a Lawyer Referral Service, which will become the  
centerpiece for a new Legal Assistance Center in September 2001. The  GRBA 
has a combined operating budget of $850,000. The Executive Director  also 
oversees, with a committee and the board, the Grand Rapids Bar  Foundation 
with assets of $1 million. The Executive Director is responsible  to a 
seventeen member Board in accord with policies and procedures  adopted by the 
Board. The successful candidate will be a seasoned  executive with a 
demonstrated record of achieving positive results,  including experience in 
the area of fund development. The Executive  Director will exhibit a high 
level of integrity with superior management,  organizational, budgeting, 
personnel, and interpersonal communication  skills. The GRBA offers a 
competitive salary and benefits package.  Applicants are encouraged to submit 
a letter of interest, current  resume, references, and salary requirements to 
Executive Director  Search Committee, c/o Sherrie Parmelee, Smith, Haughey, 
Rice &  Roegge, Calder Plaza Bldg., 250 Monroe NW, Grand Rapids, MI 49503,  
(616) 458-2385, sparmlee@shrr.com  The Grand Rapids Bar Association is an 
Equal Opportunity Employer.    
		
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		IMMEDIATE OPENING--Lague,  Newman & Irish is seeking an associate with 1 - 2 
years experience.  Candidates must have strong academic credentials and 
excellent writing  abilities. Send cover letter, resume, and transcripts to 
Eric Gielow,  Lague, Newman & Irish, P.O. Box 389, Muskegon, MI 49443 (or 
ergielow@lnilaw.com).    
		
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		INSURANCE  CLAIMS attorney needed for growing company in pleasant, small  
town environment. 3-5 years experience in claims and/or litigation  
supervision with a property/casualty insurance company or insurance  defense 
firm mandatory. Member of the State Bar of Michigan required.  Send resume to 
jhutchins@hastingsmutual.com  or mail to Hastings Mutual Insurance Co., Attn: 
Human Resources, 404  E. Woodlawn Avenue, Hastings, MI 49058.  
		
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		PART-TIME  LAWYER FOR HARLEY-DAVIDSON MICHIGAN, INC.*Lawyer needed (15  - 20 
hrs/wk) at busy domestic and international Fortune 500 corporate  trademark 
law practice in Ann Arbor, Michigan. Strong analytical and  writing skills 
and excellent attention to detail are required. This  is a year-round 
position. Please do not apply unless you have an interest  in practicing 
trademark law. No telephone calls, please. Send your  resume to: Ann Jackson, 
Harley-Davidson Michigan, Inc., 315 W. Huron  Street, Suite 400, Ann Arbor, 
Michigan 48103.  
		
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		RESPONSIBILITES  of this person are to provide advice to various departments. 
Draft,  review and negotiate agreements, debt instruments, and guaranties  
for domestic and international business units. Review all advertising  for 
compliance with FTC regulations, trademark usage and adherence  to corporate 
policies. Defend employment related legal actions and  review and advise on 
hiring practices and procedures. Minimum qualifications  are seven years 
experience from a law firm and/or a major corporation  with relevant practice 
experience. Plus strong background with employment  law. J.D. from a 
accredited law school, admitted to practice law in  Michigan or other U.S. 
jurisdiction. Please send resume to Ashleys@dominos.com  or fax to 
734-930-4350. Salary is 110K.Legal Department, Domino's  Pizza, 30 Frank 
Lloyd Wright Drive, Ann Arbor, MI 48106.   
		
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		UNIVERSITY  OF MICHIGAN*The Office of the Vice  President and General Counsel 
of the University of Michigan is seeking  exceptionally qualified applicants 
for an attorney who will provide  advice and counsel on health law matters in 
the areas of managed care,  reimbursement, research and privacy/security. The 
position requires  experience in the above-noted areas. Candidates with 
strong business  acumen-gained through in-house experience or by working 
closely with  business clients-will be preferred. Minimum qualifications 
include  excellent academic credentials, a law degree from an accredited law  
school, membership in the Michigan bar or eligibility for admission  based on 
reciprocity, and at least 5 years of relevant experience.  The salary will be 
commensurate with the selected candidate's experience  and employment in the 
public section. Applications will be accepted  until the position if filled, 
but applications should be submitted  promptly to ensure full consideration. 
To apply, please send a cover  letter and resume to: Office of the Vice 
President and General Counsel,  Attention: HEALTH, 4010 Fleming 
Administration Building, Ann Arbor,  Michigan 48109-1340. The University of 
Michigan is an equal opportunity,  affirmative action employer. 
		
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		UNIVERSITY  OF MICHIGAN--The  Office of the Vice President and General 
Counsel of the University  of Michigan is seeking exceptionally qualified 
applicants for an attorney  who will take primary responsibility for 
coordinating the University's  litigation in the medical malpractice area. 
The successful candidate  will engage and supervise outside counsel in 
medical malpractice and  will provide advice and representation in other 
areas of health care  law. This position will work closely with the senior 
leadership of  the University Health System, including the Chief of Staff for 
Clinical  Affairs and the Director of the Medical Center Risk Management 
Office,  other attorneys in the Office of the Vice President and General 
Counsel,  and with individual members of the medical staff. The successful 
candidate  will draft and review policies; serve on University committees; 
conduct  educational programs on legal topics for the University community,  
and carry out other duties as assigned. Experience providing legal  services 
for a university affiliated, or similar, health care system  is desired. A 
law degree from an NALS accredited law school, membership  or eligibility for 
membership in the State Bar of Michigan, at least  five years litigation 
experience with an emphasis on medical malpractice,  reasonable experience in 
health care law are required. Applications  will be accepted until the 
position is filled, but applications should  be submitted promptly to ensure 
full consideration. To apply, please  send a cover letter and resume to: 
Office of the Vice President and  General Counsel, Attention: MED MAL, 4010 
Fleming Administration Building,  Ann Arbor, Michigan 48109-1340. The 
University of Michigan is an equal  opportunity, affirmative action employer. 
		
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		SOUTH FLORIDA  ATTORNEY available for consultations, all legal and business  
matters, referrals, or local counsel, litigation and estates. Contact  Mark 
M. Berkley, 385-C West 49th Street, Hialeah (Miami) Florida  33012, telephone 
305.556.2626. Member of the State Bar of Michigan  for 25 years and the 
Florida Bar for 14 years.
		
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