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		State  Bar of Michigan e-Journal for Friday, May 18, 2001
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
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		Cases  affecting the following practice areas are summarized  in today's 
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		Insurance                       
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		Special  Note: Today's e-Journal includes summaries of three  Michigan 
Supreme Court orders and one Michigan Court of  Appeals published opinion in 
the following practice areas:  Criminal Law, Municipal, Negligence & 
Intentional Tort,  Real Property, Tax, and Worker's Compensation.
		
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		case  summaries  
		
		
		
		Administrative Law
		
		
		
		
		
		
		
		
		Back               to Quicklinks
		
		Issues:?  Review of the Public Service Commission (PSC),s decision modifying  
the implementation of primary interexchange carrier charges (PICCs)  on 
intrastate calls; PSC jurisdiction; Whether the PSC acted within  its 
authority regarding inter LATA and intraLARA calls; Application  of the PICC 
rates to pay phone calls; Attorney fees
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? Ameritech Michigan v. Michigan Pub. Serv. Comm,n
		e-Journal  Number: 10227
		Judge(s):?  Per Curiam - Smolenski, Holbrook, Jr., and Gage
		
		The  court affirmed the PSC,s order modifying the implementation of PICCs  on 
intrastate calls because the PICCs were excessive and discriminatory.  
Plaintiff imposed PICC rates on intrastatecalls that nearly corresponded  to 
the rates allowed by the FCC for interstate calls. Defendant-AT&T  
Communications sought a reduction of the PICC rates from plaintiff.  Although 
there was sufficient evidence to determine that the rates  were excessive, 
the PSC lacked the necessary information to determine  the proper rates. 
Affirmed in part, reversed in part.
		
		Full  Text Opinion
		
		
		
		
		
		
		
		Criminal  Law
		
		
		
		
		
		
		Back               to Quicklinks
		
		Issues:?  Drug profile testimony; Standard to be applied to error
		Court:?  Michigan Supreme Court
		Case  Name:? People v. Huston
		e-Journal  Number:? 10214
		Judge(s):?  Corrigan, Cavanagh, Weaver, Kelly, Taylor, Young, Jr., and Markman
		
		The court vacated  the judgment of the Court of Appeals (see e-Journal  # 
9442in the 02/23/01 edition) and remanded the case to  the Court of Appeals 
for reconsideration of whether the error in  admitting drug profile testimony 
required reversal of defendant,s  conviction. The Court of Appeals was 
instructed that if, as plaintiff  contended, the claimed error was forfeited, 
the Court of Appeals  was to review the issue using the plain error standard, 
but if the  issue was adequately preserved, to review for harmless error. 
		
		Full  Text Opinion
		
		Back  to Quicklinks  
		
		Issues:  Proportionality of sentence; Voluntariness of confession
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: People v. Cipponeri
		e-Journal  Number: 10231
		Judge(s):  Per Curiam - McDonald, Smolenski, and Kelly
		
		The trial court  did not abuse its discretion in sentencing defendant to a 
term of  60 to 90 years in prison after his conviction of CSC I. Defendant  
molested his stepdaughter over several years, beginning when she  was about 
five years old. Defendant admitted to numerous sexual  acts with her, as well 
as with other children, for which he was  not charged. Defendant's long-term 
sexual abuse of children indicated  a low potential for rehabilitation. 
Defendant also coerced the victim's  submission by preying on her concern for 
her dog, humiliated her  during the act, and threatened her should she ever 
tell what he  had done. In light of the repulsive nature of defendant's 
alleged  conduct, that he robbed his stepdaughter of her childhood, and that  
he presented a clear threat to other children, the court concluded  the 
sentence was not disproportionate. Affirmed.? 
		
		Full  Text Opinion
		
		Back  to Quicklinks  
		
		Issues:?  Proportionality of sentence; Trial court,s articulation of its 
reasons  for departing from the sentencing guidelines for the second-degree  
murder conviction
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? People v. Johnson
		e-Journal  Number: 10224
		Judge(s):?  Per Curiam ) Bandstra, Gage, and Wilder
		
		Defendant,s  40 to 75 years sentence for his assault with intent to commit 
murder  conviction was proportionate to the seriousness and the offense.  
Defendant argued that the trial court was under the mistaken belief  that the 
applicable guidelines for the minimum sentence range was  15 to 25 years, 
rather than 8 to 15 years, did not articulate sufficient  reasons for 
deviating from the guidelines because the concerns cited  by the trial court 
were adequately addressed by the guidelines,  and disregarded his 
rehabilitative progress and potential in imposing  sentence. However, the 
trial court articulated sufficient reasons  for a significant departure from 
the guidelines, which was proportionate  to defendant,s crime. Affirmed.
		
		Full  Text Opinion
		
		
		
		
		
		
		
		
		Family Law
		
		
		
		
		
		Back  to Quicklinks
		
		Issues:?  Divorce; Circuit,s authority to modify custody or visitation  
decisions reached through binding mediation
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? Graham v. Graham
		e-Journal  Number:? 10235
		Judge(s):?  Per Curiam ) McDonald, Smolenski, and Kelly
		
		The circuit  court erroneously substituted its judgment for that of the 
binding  mediator regarding parenting time, because a circuit court may only  
modify custody or visitation decisions reached through binding mediation  
upon proper cause shown or due to a change of circumstances. The  circuit 
court lacked authority to alter the mediator,s decision  simply because it 
would have resolved the dispute differently. Plaintiff  did not argue that 
the mediator,s decision, refusing to restrict  the father from having female 
overnight guests while having parenting  time with the parties, minor child, 
was fraudulent, outside his  authority, or influenced by partiality, 
corruption, or misconduct.  The circuit court did not find that a change of 
circumstances had  occurred and did not provide any justification for its 
change in  the mediator,s award. Reversed.
		
		Full  Text Opinion
		
		Back  to Quicklinks  
		
		Issues:  Termination of parental rights; Jurisdiction over children where  
amended petition was served after jurisdictional trial; Admissibility  of 
hearsay; Whether MCL 712A.19b(3)(m) constitutes an impermissible  ex post 
facto law
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: In re Justin F.
		e-Journal  Number: 10237
		Judge(s):  Per Curiam - Holbrook, Jr., Hood, and Griffin
		
		The trial court  did not lack jurisdiction because the amended petition 
allegedly  contained new and different jurisdictional allegations and was 
not  served on respondent-mother until after the jurisdictional trial.  
Comparison of the original and amended petitions revealed that the  
respondent was incorrect in her assertion that the amended petition  
contained approximately eight "new, additional and different"  jurisdictional 
allegations. The amended petition was merely a restructured  version of the 
original petition. To the extent that it did contain  additional and 
different allegations, any defect in service of the  amended petition did not 
warrant reversal because the trial court  indicated it was exercising 
jurisdiction over the children only  on the basis of the allegations in the 
amended petition that matched  the first nine allegations in the original 
petition. Affirmed.
		
		Full  Text Opinion
		
		Back  to Quicklinks  
		
		Issues:?  Divorce; Property division; Inability to prove value of an asset  a 
party seeks to have considered as separate property; Valuation  of marital 
home; Valuation of a party,s inheritance; Exclusion of  evidence of marital 
infidelity; Trial court,s failure to consider  videotape never expressly 
offered into evidence; Denial of motion  for reconsideration
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? Robinson v. Robinson
		e-Journal  Number:? 10229
		Judge(s):?  Per Curiam ) Bandstra, Zahra, and Meter
		
		The trial court  did not err in failing to award plaintiff as separate 
property the  $80,000 he claimed to have brought into the marriage, because 
he  failed to satisfy his burden of proving a reasonably ascertainable  
amount that he brought into the marriage. The amount of money plaintiff  
brought into the marriage was disputed, with plaintiff,s claim supported  
only by his testimony and documents he had drafted. Defendant characterized  
plaintiff,s $80,000 figure as highly inflated, and the trial court  found 
that while plaintiff probably brought more money into the  marriage than 
defendant, the $80,000 figure was difficult to trace.  The trial court also 
did not err in valuing the marital home based  on plaintiff,s testimony, 
rather than relying on formal appraisals.  Nothing requires a trial court to 
accept the opinion of an expert  over that of a layperson. The division of 
the marital estate was  affirmed.
		
		Full  Text Opinion
		
		
		
		
		
		
		
		Insurance
		
		
		
		
		
		
		Back               to Quicklinks
		
		Issues:  Denial of coverage under policy's uninsured motorist provision  
where there was no physical contact between the insured vehicle  and another 
vehicle
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: MacIntosh v. Auto Club Ins. Ass'n
		e-Journal  Number: 10234
		Judge(s):  Per Curiam - McDonald, Smolenski, and Kelly
		
		Since reasonable  minds could not differ in concluding that there was no 
contact between  plaintiff's vehicle and the vehicle she swerved to avoid 
causing  her to strike a curb, the trial court properly granted summary 
disposition  to defendant-insurer. Generally, where there is no physical 
contact  between the insured's vehicle and the other vehicle, uninsured 
motorist  benefits are not available. There was no physical nexus between  
the other car and the curb. While the other car caused plaintiff  to swerve 
and hit the curb, that alone was not sufficient absent  physical contact 
between the vehicles. While plaintiff contended  there was a question of fact 
whether the other vehicle struck her  vehicle, she failed to present any 
documentary evidence to support  her contention. Affirmed.
		
		Full  Text Opinion
		
		
		
		
		
		
		
		Litigation
		
		
		
		
		
		
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		This  summary also appears under Negligence & Intentional Tort
		
		Issues:?  Dismissal of claim on basis plaintiff failed to respond to 
defendant,s  motion for summary disposition regarding that claim; Improperly  
pleaded claim for tortious interference with contractual relations
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? Auto Dealers Servs., Inc. v. Walker Automotive Resources
		e-Journal  Number:? 10232
		Judge(s):?  Per Curiam ) McDonald, Smolenski, and Kelly
		
		The trial court  erred in dismissing plaintiff,s conspiracy claim on the 
basis that  plaintiff failed to respond to defendant,s motion for summary 
disposition  regarding that claim, because plaintiff did respond to the 
motion  and submitted evidence showing the existence of a genuine issue  of 
fact. Defendant asserted that it could not conspire to breach  a contract of 
which it had no knowledge. Plaintiff responded that  defendant did have 
knowledge, and submitted an affidavit to that  effect. In addition, while 
plaintiff failed to allege in its complaint  that defendant,s instigation of 
the breach was unjustified or to  allege facts from which such a conclusion 
could be drawn, it could  not be said that plaintiff would be unable to prove 
a tortious interference  claim that was properly pleaded. On remand plaintiff 
will have an  opportunity to amend its complaint. Reversed.
		
		Full  Text Opinion
		
		Back  to Quicklinks  
		
		Issues:?  Dismissal for failure to comply with the trial court,s order 
regarding  substitute counsel; Dismissal for lack of progress; Dismissal as  
a sanction for plaintiff,s failure to provide discovery
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? Masuch v. GMRI, Inc.
		e-Journal  Number: 10233
		Judge(s):?  Per Curiam ) McDonald, Smolenski, and Kelly
		
		The  trial court erred to the extent it dismissed plaintiff,s case with  
prejudice because plaintiff failed to comply with its order regarding  
substitute counsel. Once plaintiff,s counsel withdrew, plaintiff  was without 
counsel and had the right to represent herself. Therefore,  the court could 
not compel her to proceed only with counsel without  a finding that she was a 
minor, incompetent, or otherwise incapable  of representing herself. 
Dismissal for lack of progress would also  have been improper because the 
trial court did not provide the required  notice. Reversed and remanded.
		
		Full  Text Opinion
		
		
		
		
		
		Municipal
		
		
		
		
		
		
		
		
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		This summary  also appears under Real Property
		
		Issues:  Whether the trial court properly granted intervention to nearby  
landowners; Whether the trial court properly set aside a consent  judgment 
allowing commercial development on property zoned residential
		Court:  Michigan Court of Appeals (Published)
		Case  Name: Vestevich v. West Bloomfield Twp.
		e-Journal  Number: 10249
		Judge(s):  Per Curiam - Smolenski, Jansen, and Fitzgerald 
		
		This opinion  was previously unpublished and summarized as e-Journal  # 
9698in the 3/22/01 edition. The trial court's decision  to permit 
intervention by neighboring landowners where the main  action concerned the 
commercial development of a residential parcel,  a matter very much of 
interest to all applicants in the case, was  not an abuse of discretion. The 
trial court also properly set aside  the consent judgment through which 
plaintiff-Vestevich and defendant-township  hoped to modify the zoning 
constraints without going through the  statutorily prescribed notice and 
hearing procedures for zoning  controversies. It was apparent that defendant 
agreed to settle with  plaintiff by way of the consent judgment allowing 
plaintiff to commercially  develop the residential parcel, not to avoid the 
risks and rigors  of litigation over plaintiff's motion to reopen the case, 
but to  avoid the uncertainties and burdens attendant to revisiting its  
zoning ordinance or considering a variance. Affirmed. 
		
		Full  Text Opinion
		
		
		
		
		
		
		
		Negligence & Intentional Tort
		
		
		
		
		
		
		Back               to Quicklinks
		
		This summary  also appears under Worker's Compensation
		
		Issues:  Intentional tort exception to the WCDA; Sufficient evidence  to 
establish the existence of a continually operative dangerous  condition; 
Genuine issue of fact regarding whether defendant-employer  had actual 
knowledge that an injury was certain to occur
		Court:  Michigan Supreme Court
		Case  Name: Menzel v. Light Metals Corp.
		e-Journal  Number: 10213
		Judge(s):  Corrigan, Weaver, Taylor, Young, Jr., and Markman; Voting to  deny 
leave to appeal - Cavanagh and Kelly
		
		In lieu of  granting leave to appeal, the court reversed the judgment of the  
Court of Appeals in this case (see e-Journal  # 7881 in the 8/18/00 edition) 
and reinstated the final  judgment of the circuit court granting defendant's 
motion for summary  disposition. Plaintiff did not provide sufficient proof 
that the  employer had actual knowledge that injury was certain to occur.
		
		Full  Text Opinion
		
		Back  to Quicklinks  
		
		This summary  also appears under Litigation
		
		Issues:?  Dismissal of claim on basis plaintiff failed to respond to 
defendant,s  motion for summary disposition regarding that claim; Improperly  
pleaded claim for tortious interference with contractual relations
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? Auto Dealers Servs., Inc. v. Walker Automotive Resources
		e-Journal  Number:? 10232
		Judge(s):?  Per Curiam ) McDonald, Smolenski, and Kelly
		
		The trial court  erred in dismissing plaintiff,s conspiracy claim on the 
basis that  plaintiff failed to respond to defendant,s motion for summary 
disposition  regarding that claim, because plaintiff did respond to the 
motion  and submitted evidence showing the existence of a genuine issue  of 
fact. Defendant asserted that it could not conspire to breach  a contract of 
which it had no knowledge. Plaintiff responded that  defendant did have 
knowledge, and submitted an affidavit to that  effect. In addition, while 
plaintiff failed to allege in its complaint  that defendant,s instigation of 
the breach was unjustified or to  allege facts from which such a conclusion 
could be drawn, it could  not be said that plaintiff would be unable to prove 
a tortious interference  claim that was properly pleaded. On remand plaintiff 
will have an  opportunity to amend its complaint. Reversed.
		
		Full  Text Opinion
		
		
		
		
		
		Real Property
		
		
		
		
		
		
		
		
		Back               to Quicklinks
		
		This summary  also appears under Municipal
		
		Issues:  Whether the trial court properly granted intervention to nearby  
landowners; Whether the trial court properly set aside a consent  judgment 
allowing commercial development on property zoned residential
		Court:  Michigan Court of Appeals (Published)
		Case  Name: Vestevich v. West Bloomfield Twp.
		e-Journal  Number: 10249
		Judge(s):  Per Curiam - Smolenski, Jansen, and Fitzgerald 
		
		This opinion  was previously unpublished and summarized as e-Journal  # 
9698in the 3/22/01 edition. The trial court's decision  to permit 
intervention by neighboring landowners where the main  action concerned the 
commercial development of a residential parcel,  a matter very much of 
interest to all applicants in the case, was  not an abuse of discretion. The 
trial court also properly set aside  the consent judgment through which 
plaintiff-Vestevich and defendant-township  hoped to modify the zoning 
constraints without going through the  statutorily prescribed notice and 
hearing procedures for zoning  controversies. It was apparent that defendant 
agreed to settle with  plaintiff by way of the consent judgment allowing 
plaintiff to commercially  develop the residential parcel, not to avoid the 
risks and rigors  of litigation over plaintiff's motion to reopen the case, 
but to  avoid the uncertainties and burdens attendant to revisiting its  
zoning ordinance or considering a variance. Affirmed. 
		
		Full  Text Opinion
		
		
		
		
		
		
		
		Tax
		
		
		
		
		
		
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		Issues:?  Vacation of order granting leave to appeal regarding refund  of 
rain taxes previously declared illegal; Prospective application  of previous 
Supreme Court decision; Enforcement of the Headlee Amendment
		Court:?  Michigan Supreme Court
		Case  Name:? Bolt v. City of Lansing
		e-Journal  Number:? 10244
		Judge(s):?  Corrigan, Cavanagh, Kelly, Taylor, and Young, Jr.; Dissent )  
Weaver; Not participating ) Markman
		
		In an order,  following briefing and oral argument by the parties, the court 
vacated  its earlier order granting leave to appeal and denied leave to 
appeal  because the court was no longer persuaded that the questions 
presented  should be reviewed by the court.
		
		The dissent  disagreed with the Court of Appeals holding that the court,s 
previous  opinion in this case was entitled to only prospective application,  
and agreed with the dissenting opinion in the Court of Appeals,  that 
effective enforcement of the Headlee Amendment required full  refunds of the 
illegally collected rain taxes.
		
		Full  Text Opinion
		
		
		
		
		
		
		
		Worker's Compensation
		
		
		
		
		
		
		Back               to Quicklinks
		
		This summary  also appears under Negligence & Intentional Tort
		
		Issues:  Intentional tort exception to the WCDA; Sufficient evidence  to 
establish the existence of a continually operative dangerous  condition; 
Genuine issue of fact regarding whether defendant-employer  had actual 
knowledge that an injury was certain to occur
		Court:  Michigan Supreme Court
		Case  Name: Menzel v. Light Metals Corp.
		e-Journal  Number: 10213
		Judge(s):  Corrigan, Weaver, Taylor, Young, Jr., and Markman; Voting to  deny 
leave to appeal - Cavanagh and Kelly
		
		In lieu of  granting leave to appeal, the court reversed the judgment of the  
Court of Appeals in this case (see e-Journal  # 7881 in the 8/18/00 edition) 
and reinstated the final  judgment of the circuit court granting defendant's 
motion for summary  disposition. Plaintiff did not provide sufficient proof 
that the  employer had actual knowledge that injury was certain to occur.
		
		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.  
		
		Back to Quicklinks
		
		
		
		
		
		
		
		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.  
		
		Back to Quicklinks
		
		
		
		
		
		
		
		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 
		
		Back to Quicklinks
		
		
		
		
		
		
		
		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.comE-mail john@johntocco.com
		
		Back to Quicklinks
		
		
		
		
		
		
		
		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.comor 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.comor contact him 
directly by e-mail at dharon@fsh-law.comor 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.comThe 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.comor mail to Hastings Mutual Insurance Co., Attn: 
Human Resources, 404  E. Woodlawn Avenue, Hastings, MI 49058.  
		
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		MICHIGAN MIGRANT LEGAL ASSISTANCE PROJECT, INC., an established  migrant 
legal services program, seeks an Executive Director. Ideal  candidate has 
five years experience in farmworker law, and some administrative  experience. 
MMLAP is a statewide program that brings high impact cases  in state and 
federal courts. Candidate must be, or promptly become,  licensed to practice 
in Michigan, and must be bi-lingual (English/Spanish).  Salary $65,000-DOE, 
excellent benefits. Applications accepted through  June 15, 2001. MMLAP is an 
EOE. Send resume to: Richard Kessler, Search  Committee, c/o MMLAP, 648 
Monroe, N.W., Suite 318, Grand Rapids, MI  49504.  
		
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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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		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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		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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