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		State  Bar of Michigan e-Journal for Wednesday, May 30, 2001
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
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		case  summaries  
		
		
		
		Civil  Rights 
		
		
		
		
		
		
		
		
		Back  to Quicklinks
		
		This  summary also appears under Real Property
		
		Issues:  Alleged violations of the Fair Housing Act and analogous state  
anti-discrimination housing provisions; Whether the landlord met  its burden 
in attempting to provide reasonable accommodations for  the tenant with a 
known mental disability; Whether the district  court improperly drew 
inferences against the nonmoving party
		Court:  U.S. Court of Appeals Sixth Circuit
		Case  Name: Groner v. Golden Gate Gardens Apartments
		e-Journal  Number: 10343
		Judge(s):  Gilman, Siler, and Duggan
		
		Deciding an  issue of first impression in the circuit, the court held that a  
plaintiff in a Fair Housing Act case has the burden of proof to  establish 
the reasonableness of a proposed accommodation. Since  landlord-Golden Gate 
had a legitimate interest in ensuring the quiet  enjoyment of all its 
tenants, and there was no showing of  a reasonable accommodation that would 
have enabled the plaintiff,  who suffered from schizophrenia and depression, 
to remain in his  apartment without significantly disturbing another tenant, 
plaintiff  failed to raise a genuine issue of material fact as to a 
violation  of his rights under either the Fair Housing Act or the equivalent  
state laws. Plaintiff allegedly screamed and slammed doors within  his 
apartment, causing the tenant in the apartment above his to  make repeated 
complaints to Golden Gate's manager. The parties attempted  unsuccessfully to 
resolve the issue over a period of time, during  which Golden Gate 
soundproofed plaintiff's front door and attempted  to work with his social 
worker to resolve plaintiff's behavior.  Affirmed.
		
		Full  Text Opinion
		
		
		
		
		
		Constitutional  Law 
		
		
		
		
		
		
		
		
		Back  to Quicklinks
		
		This summary  also appears under Media Law
		
		Issues:  The First Amendment right of the press to gather information;  
Whether the court clerk could grant access to identity of trial  jurors
		Court:  U.S. District Court Eastern District of Michigan
		Case  Name: In re Bay City Times
		e-Journal  Number: 10328
		Judge(s):  Lawson
		
		Since the subject  of the request (release of the names and communities of 
residence  of the trial jurors in the underlying criminal case) constituted  
matters which were already in the public record, and releasing the  
information would not unduly infringe on the jurors' privacy interests,  the 
court granted the petitioner-newspaper's request. The underlying  criminal 
case involved the former superintendent of the city wastewater  treatment 
plant. The jury returned a verdict on the charges of violation  of the Clean 
Water Act. During voir dire each prospective  juror announced his or her name 
and community of residence. The  trial attracted the attention of the local 
media. After the verdict  was returned, a reporter requested the names of the 
trial jurors  from the court clerk. Thereafter, petitioner requested an 
order  for the disclosure of the jurors' names and communities of residence,  
but not their telephone numbers or home addresses. The request was  measured 
and confined to matters within the public record, and its  disclosure would 
not compromise juror privacy.
		
		Full  Text Opinion
		
		
		
		
		
		
		
		Criminal  Law
		
		
		
		
		
		
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		Issues:  Order compelling defendant to produce reports created by his  expert 
witnesses when no such reports were created or existed; MCR  6.201; Trial 
court,s authority to modify the court rules
		Court:  Michigan Court of Appeals (Published)
		Case  Name: People v. Phillips
		e-Journal  Number: 10346
		Judge(s):  Per Curiam ) Holbrook, Jr., Hood, and Griffin
		
		The trial court  erred in ordering defendant to disclose to the prosecutor 
reports  created by his expert witnesses when no such reports were created  
or existed, and the prosecutor was not entitled to the unwritten  
observations of defendant,s expert witnesses. The plain language  of the 
applicable court rule provided only that reports "produced"  by defendant,s 
experts were subject to disclosure, and "reports"  necessarily meant only 
written reports that have actually been produced.  The court held that there 
is no requirement for an expert to create  a physical report, and an expert 
may testify based solely on observations  obtained at trial. The trial court 
also did not show why good cause  existed to modify the court rule in this 
case. Reversed and remanded.
		
		Full  Text Opinion
		
		Back  to Quicklinks  
		
		Issues:  Writ of habeas corpus pursuant to o 2254; Right to a  timely parole 
violation hearing; Granting or rescinding of good  time sentence credits; Due 
process; Michigan Department of Corrections  (MDOC)
		Court:  U.S. District Court Eastern District of Michigan
		Case  Name: Moore v. Hofbauer
		e-Journal  Number: 10330
		Judge(s):  Tarnow
		
		Petitioner,s  request for a writ of habeas corpus was denied and the 
petition  dismissed because his parole revocation hearing was held within  a 
reasonable time after he was taken into custody, and he was not  improperly 
denied or deprived good time credits. Although petitioner,s  revocation 
hearing occurred 49 days after he was available for MDOC  custody, instead of 
the 45 days provided by state statute, the hearing  was held within a 
reasonable time. The hearing, held within two  months after petitioner was 
taken into custody on the parole violator  warrant, was presumptively 
reasonably timely, and petitioner failed  to show prejudice. The warden,s 
decision not to grant petitioner  good time credits for the period during 
which petitioner tested  positive for controlled substances and was a parole 
absconder, was  a reasonable exercise of discretion.
		
		Full  Text Opinion
		
		Back  to Quicklinks  
		
		Issues:  Admissibility of victim's statements about abuse to police officer  
and her mother
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: People v. Denton
		e-Journal  Number: 10335
		Judge(s):  Memorandum - McDonald, Smolenski, and Kelly
		
		Although the  trial court abused its discretion in allowing a police officer 
to  testify under MRE 803(2) as to what the victim told her about the  abuse, 
the officer's testimony was admissible under MRE 801(d)(1)(B)  to rebut an 
implied charge of recent fabrication or improper motive  on the part of the 
victim. The evidence did not fall within the  excited utterance exception to 
the hearsay rule because the statements  were neither spontaneous nor made 
while the victim was still under  the influence of the excitement caused by 
the abuse. Defendant's  trial theory was that the victim had fabricated the 
alleged abuse  and had lied because she resented his attempts to discipline 
her.  The victim's prior consistent statement tended to rebut those claims.  
Affirmed.
		
		Full  Text Opinion
		
		Back  to Quicklinks  
		
		Issues:  Sentencing of a second habitual offender; Jurisdiction to 
resentence  defendant; Applicability of MCL 771.1; MSA 28.1131(1); Right to  
a speedy trial and delayed sentencing; Proportionality of sentence
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: People v. Phillips
		e-Journal  Number: 10313
		Judge(s):  Per Curiam ) White, Cavanagh, and Talbot
		
		Defendant,s  sentence as a second habitual offender was supported by the 
facts  of the case, and his age and his ineligibility for disciplinary  
credits as an habitual offender, which meant that he had to serve  his entire 
minimum sentence before becoming eligible for parole,  did not negate that. 
Defendant,s argument that the trial court did  not have jurisdiction to 
resentence him failed because the statute  upon which he relied did not apply 
to his case, and even if it did,  there was good cause for the delay. From 
the time leave was denied  by the Supreme Court, sentencing was delayed for 
approximately one  year and four months. Defendant filed a motion to quash 
resentencing  that caused resentencing to be adjourned, and after the motion 
was  heard and denied, resentencing took place within 30 days. Affirmed.
		
		Full  Text Opinion
		
		Back  to Quicklinks  
		
		Issues:  Habitual offender charge based on prior conviction that was a 
felony  and at time of OUIL conviction constituted a misdemeanor; 
Ineffective  assistance of counsel
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: People v. Piotrowski
		e-Journal  Number: 10332
		Judge(s):  Memorandum - Jansen, Zahra, and Owens
		
		The trial court  did not err by using defendant's prior conviction to convict 
him  as a second habitual offender because the offense is now classified  as 
a misdemeanor. Defendant claimed that use of the prior conviction  in this 
manner violated the ex post facto clauses of the  United States and Michigan 
Constitutions. The court disagreed and  affirmed defendant's conviction as a 
second habitual offender and  the sentence imposed pursuant to that 
conviction. A sentencing court  may use a prior conviction of a crime that 
was classified as a felony  at the time it was committed to enhance the 
sentence for a subsequent  felony conviction, even though the prior crime has 
been reclassified  as a misdemeanor. Defendant's prior conviction of failing 
to return  rental property was a felony at the time he committed the 
offense,  therefore the trial court properly used it to sentence him as a  
second habitual offender. Affirmed.
		
		Full  Text Opinion
		
		Back  to Quicklinks  
		
		Issues:  The trial court's refusal to accept guilty plea; Whether the  trial 
court may reject pleas to reduced charges; Waiver
		Court:   Michigan Court of Appeals (Unpublished)
		 Case  Name: People v. Winbush
		e-Journal  Number: 10333
		Judge(s):  Memorandum - McDonald, Smolenski, and Kelly
		
		The trial court  did not commit reversible error when it refused to accept 
defendant's  guilty plea to a probation violation. The petition charging 
defendant  with probation violation contained six allegations. The 
prosecutor  indicated that if defendant pleaded guilty to one allegation, 
she  would drop the others. The trial court disapproved of that procedure  
and required the parties to proceed with a hearing. A defendant  does not 
have an absolute right to have a guilty plea accepted and  the court may 
reject a plea in the exercise of its sound discretion.  The trial court may 
also reject pleas to reduced charges. Affirmed.
		
		Full  Text Opinion
		
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		Issues:  Motion to dismiss based on the grounds that defendant,s statements  
were not "true threats," and therefore were protected speech; Knowingly  
transmitting a threat to kidnap in interstate commerce in violation  of 18 
U.S.C. o 875(c); Knowingly transmitting a threat to injure  in interstate 
commerce in violation of o 875(c); Making interstate  telephone calls that 
were lewd, indecent, obscene, and lascivious,  with the intent to abuse, 
harass, and annoy another person in violation  of 47 U.S.C. o 223(a)(1)(A) 
and (B)
		Court:  U.S. Court of Appeals Sixth Circuit
		Case  Name: United States v. Landham
		e-Journal  Number: 10344
		Judge(s):  Suhrheinrich, Moore, and Edmunds
		
		The district  court erred in failing to dismiss Count Three of the 
indictment  alleging that defendant knowingly transmitted a threat to kidnap  
in interstate commerce. The statement "You will not have Priscilla  by her 
second birthday, because I'm going to have all your children  . . . . You 
will not have Priscilla to raise. . . I'm going to get  her," contained no 
communication containing a direct threat  to kidnap, nor would a reasonable 
observer in the victim,s shoes  perceive it as an indirect threat. The 
defendant and the victim  were embroiled in a divorce proceeding. The victim 
had obtained  a Domestic Violence Order removing defendant from the home and 
barring  him from contact with his daughter. Defendant,s statement, "I'm  
going to get her," in context, referred to the custody battle during  the 
divorce proceeding. There was no allegation that defendant had  ever 
attempted to abduct the child in the past. Defendant could  not have legally 
been charged with kidnapping since Priscilla was  his biological daughter and 
his parental rights had not been terminated.  Defendant,s convictions were 
reversed and remanded.
		
		Full  Text Opinion
		
		
		
		
		
		Family  Law 
		
		
		
		
		
		
		
		
		Back  to Quicklinks
		
		Issues:  Termination of parental rights; Whether petitioner made reasonable  
attempts to reunify the family; Sufficiency of the referee's findings
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: In re Balowski
		e-Journal  Number: 10334
		Judge(s):  Memorandum - McDonald, Smolenski, and Kelly
		
		Although respondent-father  complied with some aspects of the parent/agency 
agreement, the trial  court did not clearly err in finding that the statutory 
grounds  for termination were established by clear and convincing evidence  
and that the evidence did not show that termination of respondent's  parental 
rights was clearly not in the children's best interests.  Respondent claimed 
that petitioner failed to make reasonable efforts  to reunify the family, 
however those deficiencies did not involve  the principal issue leading to 
termination, which was respondent's  failure to successfully address his 
substance abuse problem. Affirmed
		
		Full  Text Opinion
		
		Back  to Quicklinks  
		
		Issues:  Termination of parental rights under oo 19b(3)(g) and (j)
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: In re DJH
		e-Journal  Number: 10339
		Judge(s):  Memorandum ) Collins, Hoekstra, and Gage
		
		The trial court  did not err in concluding that clear and convincing evidence 
supported  termination of respondent-mother,s parental rights. The record 
showed  that respondent and her children shared a close bond. However, it  
also showed that respondent continued to have contact with and marry  her 
boyfriend after she knew of his violent tendencies and that  he likely 
injured her children, and after the court ordered that  he have no contact 
with the children. Although respondent later  divorced her husband, and 
testified that she was no longer involved  with him, other trial testimony 
indicated that she did continue  to be involved with him. The trial court,s 
findings indicated that  it did not credit respondent,s testimony, and the 
court found nothing  in the record to suggest that the trial court clearly 
erred in that  regard. Affirmed.
		
		Full  Text Opinion
		
		Back  to Quicklinks  
		
		Issues:  Termination of parental rights under oo 19b(3)(b)(i), (b)(ii),  (g), 
and (j)
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: In re M.J.C.R.
		e-Journal  Number: 10341
		Judge(s):  Memorandum ) Holbrook, Jr., Hood, and Griffin
		
		Even if the  family court erred in terminating respondent-mother,s parental 
rights  under o 19b(3)(g), the error was harmless because the remaining  
statutory grounds with regard to her were established with clear  and 
convincing evidence. The evidence indicated that the mother  was in a 
position where she should have known of the sexual abuse  of her daughter by 
her husband, respondent-father, her daughter,s  stepfather. She was well 
aware of the physical abuse of both children  by the father, yet continued to 
reside with him, exposing the children  to further abuse. The mother also had 
a history of emotional and  psychological problems, including several suicide 
attempts in front  of the children. Termination of both respondents, parental 
rights  was affirmed.
		
		Full  Text Opinion
		
		Back  to Quicklinks  
		
		Issues:  Termination of parental rights under oo 19b(3)(d) and (j); Whether  
respondent-failure to fulfill the terms of a transition plan to  regain 
custody due to the lack of necessary help and referrals
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: In re Roe
		e-Journal  Number: 10319
		Judge(s):  Per Curiam ) Doctoroff, Saad, and Wilder
		
		There was clear  and convincing evidence that respondent-mother failed to 
comply  with the placement and transition plan to regain custody of the  
minor child after the child was placed in a limited guardianship.  Although 
respondent did eventually complete parenting classes and  undergo a 
psychiatric examination, she failed to secure adequate  housing for the 
child, did not demonstrate any financial ability  to support the child, did 
not participate in counseling, and did  not take her medications for a 
diagnosed psychotic disorder. There  was no merit to respondent,s claim that 
her failure to fulfill the  terms of the plan was the fault of the probate 
court. Termination  of respondent,s parental rights under both statutory 
grounds relied  upon by the family court was affirmed.
		
		Full  Text Opinion
		
		Back  to Quicklinks  
		
		Issues:  Termination of parental rights under oo 19b(3)(c)(i), (g), and  (j)
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: In re Walker
		e-Journal  Number: 10342
		Judge(s):  Memorandum ) White, Cavanagh, and Talbot
		
		The family  court did not clearly error in terminating respondent-mother,s 
parental  rights because the statutory bases for termination were 
established  by clear and convincing evidence. Respondent failed to 
substantially  comply with the treatment plan and work toward reunification 
with  her children. Respondent failed to obtain and maintain suitable  
housing for herself and the children, and showed an inability to  control and 
supervise the children, resulting in harm to them. She  did not interact with 
the children during visitation, she failed  to obtain and maintain legal 
income, and did not seek psychological  counseling as required by the 
treatment plan. Affirmed.
		
		Full  Text Opinion
		
		
		
		
		
		Media  Law 
		
		
		
		
		
		
		
		
		Back  to Quicklinks
		
		This summary  also appears under Constitutional Law
		
		Issues:  The First Amendment right of the press to gather information;  
Whether the court clerk could grant access to identity of trial  jurors
		Court:  U.S. District Court Eastern District of Michigan
		Case  Name: In re Bay City Times
		e-Journal  Number: 10328
		Judge(s):  Lawson
		
		Since the subject  of the request (release of the names and communities of 
residence  of the trial jurors in the underlying criminal case) constituted  
matters which were already in the public record, and releasing the  
information would not unduly infringe on the jurors' privacy interests,  the 
court granted the petitioner-newspaper's request. The underlying  criminal 
case involved the former superintendent of the city wastewater  treatment 
plant. The jury returned a verdict on the charges of violation  of the Clean 
Water Act. During voir dire each prospective  juror announced his or her name 
and community of residence. The  trial attracted the attention of the local 
media. After the verdict  was returned, a reporter requested the names of the 
trial jurors  from the court clerk. Thereafter, petitioner requested an 
order  for the disclosure of the jurors' names and communities of residence,  
but not their telephone numbers or home addresses. The request was  measured 
and confined to matters within the public record, and its  disclosure would 
not compromise juror privacy.
		
		Full  Text Opinion
		
		
		
		
		
		Real  Property 
		
		
		
		
		
		
		
		
		Back  to Quicklinks
		
		This summary  also appears under Civil Rights
		
		Issues:  Alleged violations of the Fair Housing Act and analogous state  
anti-discrimination housing provisions; Whether the landlord met  its burden 
in attempting to provide reasonable accommodations for  the tenant with a 
known mental disability; Whether the district  court improperly drew 
inferences against the nonmoving party
		Court:  U.S. Court of Appeals Sixth Circuit
		Case  Name: Groner v. Golden Gate Gardens Apartments
		e-Journal  Number: 10343
		Judge(s):  Gilman, Siler, and Duggan
		
		Deciding an  issue of first impression in the circuit, the court held that a  
plaintiff in a Fair Housing Act case has the burden of proof to  establish 
the reasonableness of a proposed accommodation. Since  landlord-Golden Gate 
had a legitimate interest in ensuring the quiet  enjoyment of all its 
tenants, and there was no showing of  a reasonable accommodation that would 
have enabled the plaintiff,  who suffered from schizophrenia and depression, 
to remain in his  apartment without significantly disturbing another tenant, 
plaintiff  failed to raise a genuine issue of material fact as to a 
violation  of his rights under either the Fair Housing Act or the equivalent  
state laws. Plaintiff allegedly screamed and slammed doors within  his 
apartment, causing the tenant in the apartment above his to  make repeated 
complaints to Golden Gate's manager. The parties attempted  unsuccessfully to 
resolve the issue over a period of time, during  which Golden Gate 
soundproofed plaintiff's front door and attempted  to work with his social 
worker to resolve plaintiff's behavior.  Affirmed.
		
		Full  Text Opinion
		
		
		
		
		
		
		
		Tax  
		
		
		
		
		
		
		Back  to Quicklinks
		
		Issues:  Judgment of Tax Tribunal revising the true cash value, assessed,  
and taxable values of petitioner,s property; Burden of proof; Lack  of 
evidence
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: Muscio v. Commerce Twp.
		e-Journal  Number: 10340
		Judge(s):  Memorandum ) McDonald, Smolenski, and Kelly
		
		The tribunal,s  decision revising the true cash value, assessed, and taxable 
values  of petitioner,s property was not supported by competent, material,  
and substantial evidence on the record since petitioner presented  no 
evidence of the true cash value of the property under any of  the recognized 
valuation methods. Petitioner contended only that  the assessed value should 
be cut in half because his neighbors built  a garage that encroached on the 
street, paved a portion of the street,  and used it as a driveway, and 
petitioner was unable to obtain relief  in court. He presented no evidence to 
support his contention that  his property value in fact decreased therefore, 
he failed to satisfy  his burden of proof. The tribunal decision constituted 
an error  of law. Reversed.
		
		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
		
		Back to Quicklinks  
		
		
		
		
		
		
		
		Administrative  Law
		
		
		
		
		
		
		JAMES R. VIVENTI, James R Viventi PLLC, 3670 Powderhorn  Drive, Okemos, MI 
48864-5924, Phone: (517) 381-0670, FAX: (517)  381-0671. 
		
		Back to Quicklinks  
		
		
		
		
		
		
		
		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
		
		Back to Quicklinks  
		
		
		
		
		
		
		
		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
		
		Back to Quicklinks  
		
		
		
		
		
		
		
		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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		Elections
		
		
		
		
		
		
		Paid Advertisement  
		GREG ULRICH  for STATE BAR COMMISSIONER: WAYNE COUNTY-Vote  June 1st for 
three term past State Bar Commissioner and Representative  Assembly 
Chairperson, GREG ULRICH, with 27 years of bar leadership,  including the ABA 
House of Delegates. Partner with Livonia-based  Cummings, McClorey, Davis & 
Acho, PLC. 
		
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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
		
		
		
		
		
		
		APPELLATE  PRACTICE-Large Detroit litigation firm seeking associate  to join 
appellate group in handling appeals and complex motions  in the trial courts. 
The firm has a diverse practice, including  defense of medical malpractice, 
product liability and employment  claims, as well as commercial and probate 
litigation. Excellent  writing and research skills necessary. One to three 
years litigation  or clerking experience preferred. EOE Send resume to P.O. 
Box 43158,  Detroit, MI 48243.
		
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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 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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		SENIOR COUNSEL*Responsibilities  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 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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		Services
		
		
		
		
		
		
		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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		Typing  Services
		
		
		
		
		
		
		IS YOUR WORK LOAD OVERWHELMED? Do you have employees on  vacation, sick leave 
or disability? Do you need legal briefs, motions  or complaints filed today? 
I CAN HELP!!! Visit my web page at www.gnrtyping.com  for more information. 
Fast and dependable. SPEEDY FINGERS AT YOUR  SERVICE!
		
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		contacts
		
		
		
		
		
		
		For information  on classified advertising, contact Stacy Sage
		
		For information  on fields of practice listings, contact Stacy  Sage
		
		For unsubscribe  and change of address issues, contact: Carrie  Pickett
		
		To list bar  event information, send your information to Carrie  Pickett
		
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