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		State  Bar of Michigan e-Journal for Wednesday, May 23, 2001
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
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		case  summaries  
		
		
		
		Bankruptcy 
		
		
		
		
		
		
		
		
		Back  to Quicklinks
		
		This summary  also appears under Constitutional Law
		
		Issues:  Whether a state student educational funding assistance corporation  
was immune in this dischargeability action; Whether as part of the  plan of 
the Constitutional Convention, which granted Congress the  authority to enact 
"uniform" bankruptcy laws, the states  ceded to Congress their sovereignty 
over bankruptcy discharge matters;  The Tennessee Student Assistance 
Corporation (TSAC)
		Court:  Bankruptcy Appellate Panel Sixth Circuit
		Case  Name: In re Hood
		e-Journal  Number: 10273
		Judge(s):  Rhodes, Aug, and Morgenstern-Clarren
		
		The states  ceded their sovereignty over bankruptcy discharge as part of the  
plan of the Constitutional Convention. Where there is no sovereignty,  there 
can be no sovereign immunity. Accordingly, TSAC was not immune  in this 
dischargeability action. After the debtor's chapter 7 bankruptcy  discharge, 
the debtor filed an adversary proceeding requesting discharge  of her 
educational loans from TSAC on the grounds of undue hardship.  After TSAC was 
added as a defendant, it filed a motion to dismiss  asserting that the 
adversary proceeding was barred by sovereign  immunity. The bankruptcy court 
denied the motion to dismiss, holding  that 11 U.S.C. o 106 properly 
abrogated TSAC's sovereign immunity.  The court concluded that relevant 
Supreme Court case precedent impacting  the states, both as creditors and 
sovereigns, demonstrated the Supreme  Court's longstanding conclusion that 
state sovereignty is ultimately  inconsistent with the authority of Congress 
to establish uniform  laws on bankruptcy. The order of the bankruptcy court 
denying TSAC's  motion to dismiss was affirmed.
		
		Full  Text Opinion
		
		
		
		
		
		Civil Rights 
		
		
		
		
		
		
		
		
		Back  to Quicklinks
		
		This summary  also appears under Employment & Labor Law
		
		Issues:?  Racial discrimination; Disparate treatment; Nondiscriminatory  
reasons for failing to interview plaintiff; Statistical racial composition  
evidence 
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? Thakur v. Department of Corrections
		e-Journal  Number:? 10266
		Judge(s):?  Per Curiam ) Gage, Cavanagh, and Wilder
		
		Plaintiff didn't  to present evidence refuting defendant,s nondiscriminatory 
reasons  for failing to interview him. Defendants presented affidavits 
explaining  that plaintiff was not interviewed for a position open to 
doctors  of his rank because he did not at the relevant time appear on a  
register of eligible civil service employees, and that he had been  removed 
from the register after one year under a documented civil  service 
regulation. Plaintiff did not substantiate that either defendant  secretly 
removed his name from the register, and the affidavits  he presented from 
other, prior litigants against defendants did  not refute defendants, reasons 
in this case. While plaintiff argued  that the department,s statistical 
racial composition showed disparate  impact against his protected group, he 
did not connect any alleged  shortage of minority employees to a facially 
neutral employment  practice, as required. Summary disposition for defendants 
was affirmed.  
		
		Full  Text Opinion
		
		
		
		
		
		Constitutional  Law 
		
		
		
		
		
		
		
		
		Back  to Quicklinks
		
		This summary  also appears under Bankruptcy
		
		Issues:  Whether a state student educational funding assistance corporation  
was immune in this dischargeability action; Whether as part of the  plan of 
the Constitutional Convention, which granted Congress the  authority to enact 
"uniform" bankruptcy laws, the states  ceded to Congress their sovereignty 
over bankruptcy discharge matters;  The Tennessee Student Assistance 
Corporation (TSAC)
		Court:  Bankruptcy Appellate Panel Sixth Circuit
		Case  Name: In re Hood
		e-Journal  Number: 10273
		Judge(s):  Rhodes, Aug, and Morgenstern-Clarren
		
		The states  ceded their sovereignty over bankruptcy discharge as part of the  
plan of the Constitutional Convention. Where there is no sovereignty,  there 
can be no sovereign immunity. Accordingly, TSAC was not immune  in this 
dischargeability action. After the debtor's chapter 7 bankruptcy  discharge, 
the debtor filed an adversary proceeding requesting discharge  of her 
educational loans from TSAC on the grounds of undue hardship.  After TSAC was 
added as a defendant, it filed a motion to dismiss  asserting that the 
adversary proceeding was barred by sovereign  immunity. The bankruptcy court 
denied the motion to dismiss, holding  that 11 U.S.C. o 106 properly 
abrogated TSAC's sovereign immunity.  The court concluded that relevant 
Supreme Court case precedent impacting  the states, both as creditors and 
sovereigns, demonstrated the Supreme  Court's longstanding conclusion that 
state sovereignty is ultimately  inconsistent with the authority of Congress 
to establish uniform  laws on bankruptcy. The order of the bankruptcy court 
denying TSAC's  motion to dismiss was affirmed.
		
		Full  Text Opinion
		
		
		
		
		
		
		
		Criminal  Law
		
		
		
		
		
		
		Back  to Quicklinks
		
		Issues:?  Jury instruction on negligent homicide as a lesser included  
offense of involuntary manslaughter; Trial court,s failure to give  
instruction sua sponte; Waiver; Ineffective assistance of  counsel for 
failure to request instruction or object to its omission
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? People v. Bridgewater
		e-Journal  Number:? 10254
		Judge(s):?  Per Curiam ) Bandstra, Gage, and Wilder
		
		Although the  trial court,s failure to read the jury instruction on 
negligent  homicide as a lesser included offense of involuntary manslaughter  
was error, defense counsel,s affirmative withdrawal of the requested  
instruction and subsequent approval of the instructions given constituted  a 
waiver of the issue. The court also concluded that defense counsel,s  
decision to drop the request was sound trial strategy, and even  if the 
decision constituted deficient representation, it did not  prejudice 
defendant to the extent that the outcome of the trial  would have been 
different. The prosecution presented eyewitness  testimony from two 
non-police witnesses establishing that defendant  was traveling between 60 
and 80 miles per hour, disobeyed a red  traffic signal, and collided with the 
minivan in which one of the  victims was traveling. Defendant,s convictions 
were affirmed.
		
		Full  Text Opinion
		
		Back  to Quicklinks  
		
		Issues:?  Remedy for noncompliance with discovery order; Dismissal of  charges
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? People v. Byars
		e-Journal  Number:? 10269
		Judge(s):?  Per Curiam ) McDonald, Smolenski, and Kelly
		
		The trial court  abused its discretion in dismissing the charges against 
defendants  with prejudice as a remedy for the police department,s failure 
to  comply with a discovery order. While it appeared that the department  had 
no valid excuse for failing to comply in a timely manner, many  of the 
documents were provided about a month after the officer in  charge received 
the order. Defense counsel stated at that time that  although he had not 
reviewed the documents in detail, they appeared  to include everything he 
needed to investigate his entrapment claim.  There was no showing that the 
late arrival of the documents prejudiced  defendant, who was out on bond, and 
it was unclear what relevance  they had in determining whether he was 
entrapped. The more severe  remedy of dismissal was not appropriate where a 
continuance would  have alleviated any harm to defendant,s case. Reversed and 
remanded.
		
		Full  Text Opinion
		
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		Issues:?  Ineffective assistance of counsel; Sufficient evidence to support  
conviction of assault with intent to do great bodily harm less than  murder
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? People v. Ferguson
		e-Journal  Number:? 10257
		Judge(s):?  Per Curiam ) Doctoroff, Cavanagh, and Meter
		
		Contrary to  defendant,s contention that his counsel was ineffective for 
advising  him not to testify on his own behalf, the transcript revealed that  
defendant chose not to testify and there was no evidence that counsel  
persuaded him to refrain from testifying. The evidence presented  at trial 
amply supported the trial court,s findings of fact and  ultimate conclusion 
of guilt. Testimony supported the inference  that the victim was worried 
about defendant seeing her with another  man and that defendant shot her 
after he saw her with witness-Reese.  The testimony also established a 
timeline that contradicted defendant,s  claim in his police statement that 
the shooting was accidental.  Defendant,s convictions were affirmed.
		
		Full  Text Opinion
		
		Back  to Quicklinks  
		
		Issues:?  Loss of evidence before a defense request for its production; 
Admission  of evidence regarding defendant,s passenger; Ineffective 
assistance  of counsel
		Court:  Michigan Court of Appeals (Unpublished) 
		Case  Name:? People v. Knott
		e-Journal  Number: 10265
		Judge(s):?  Per Curiam - White, Cavanagh, and Talbot
		
		The  trial court did not abuse its discretion in denying defendant,s  motion 
to dismiss on the basis that she was denied a fair trial  due to the police 
department,s bad faith failure to save the videotape  of her arrival at the 
station where the alleged assault occurred.  The tapes were destroyed as part 
of the policy and procedure of  the police department and not purposefully to 
destroy evidence for  a forthcoming trial. At the hearing on defendant,s 
motion to dismiss  and at trial, both officers testified that the recycling 
of tapes  was a matter of policy and procedure. Affirmed.
		
		Full  Text Opinion
		
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		Issues:?  Denial of motion to suppress the evidence
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? People v. Minge
		e-Journal  Number: 10259
		Judge(s):?  Per Curiam - White, Cavanagh, and Talbot
		
		Defendant,s  motion to suppress was properly denied because the police stop 
of  her vehicle was justified where the evidence gave rise to more than  a 
hunch that defendant was involved in criminal activity. Defendant  was 
observed going into a house where police believed cocaine was  being sold, a 
police officer saw another person approach the same  door and exchange money 
for suspected cocaine with a man inside  the house, and defendant came out 
the same door with a visible bulge  under her shirt. Based on the police 
officer,s experience in narcotics  enforcement, he believed that defendant 
was taking drugs from the  suspected drug house where he had just observed a 
suspected drug  transaction. Affirmed.
		
		Full  Text Opinion
		
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		Issues:  Ineffective assistance of counsel; Joint representation; MCR  
6.005(F); Alleged impermissible comment by prosecutor on defendant's  
silence; Prosecutorial misconduct
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: People v. Williams 
		e-Journal  Number: 10258
		Judge(s):  Per Curiam - Markey, McDonald, and Kelly
		
		Defendant failed  to establish that he received ineffective assistance of 
counsel.  Since defendant and his brother stated clearly on the record that  
they desired to proceed with the same attorney and did not believe  there 
would be a conflict of interest, failed to identify an actual  conflict of 
interest that adversely affected his lawyer's performance,  and both 
defendants presented the identical defense. The trial court  raised the issue 
and explained to defendants that each had a right  to his own attorney and 
that using the same attorney gave rise to  the possibility of conflicting 
defenses. Defendant personally made  an informed waiver of his right to have 
separate counsel. This waiver  extinguished any error and precluded defendant 
from raising the  issue on appeal. Affirmed.
		
		Full  Text Opinion
		
		
		
		
		
		Employment & Labor Law 
		
		
		
		
		
		
		
		
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		This summary  also appears under Negligence & Intentional Tort
		
		Issues:?  Defamation action by former employee; Whether claim was preempted  
by federal labor law; Sufficient evidence to sustain each element  of 
defamation claim; Damages; Absolute privilege; Qualified privilege;  Jury 
instructions regarding actual malice and reckless disregard;  Motion for 
directed verdict or JNOV; Whether plaintiff,s counsel  argued facts not in 
evidence
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? Slawick v. Detroit Newspaper Agency
		e-Journal  Number:? 10260
		Judge(s):?  Per Curiam ) Griffin, Jansen, and Gage
		
		Plaintiff-former  employee,s defamation claim was not preempted by federal 
labor law  because defendant used the CBA solely as a defense to the claim,  
contending that publication of the discharge letter to the union  president 
was absolutely privileged. The letter of discharge accused  plaintiff of 
throwing liquid substances on security personnel. Reviewing  the record, the 
court determined that the jury could have found  that defendant acted with 
actual malice in disseminating the discharge  letter. There was evidence at 
trial that the contents of the discharge  letter were made with reckless 
disregard for the truth. The trial  court did not err in denying defendant,s 
motion for a directed verdict  or JNOV. Evidence supported the jury,s award 
of $75,000 for noneconomic  damages, $25,000 for exemplary damages, and 
$6,000 in economic damages.  Affirmed.
		
		Full  Text Opinion
		
		Back  to Quicklinks 
		
		This summary  also appears under Civil Rights
		
		Issues:?  Racial discrimination; Disparate treatment; Nondiscriminatory  
reasons for failing to interview plaintiff; Statistical racial composition  
evidence 
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? Thakur v. Department of Corrections
		e-Journal  Number:? 10266
		Judge(s):?  Per Curiam ) Gage, Cavanagh, and Wilder
		
		Plaintiff didn't  to present evidence refuting defendant,s nondiscriminatory 
reasons  for failing to interview him. Defendants presented affidavits 
explaining  that plaintiff was not interviewed for a position open to 
doctors  of his rank because he did not at the relevant time appear on a  
register of eligible civil service employees, and that he had been  removed 
from the register after one year under a documented civil  service 
regulation. Plaintiff did not substantiate that either defendant  secretly 
removed his name from the register, and the affidavits  he presented from 
other, prior litigants against defendants did  not refute defendants, reasons 
in this case. While plaintiff argued  that the department,s statistical 
racial composition showed disparate  impact against his protected group, he 
did not connect any alleged  shortage of minority employees to a facially 
neutral employment  practice, as required. Summary disposition for defendants 
was affirmed.  
		
		Full  Text Opinion
		
		
		
		
		
		Family Law 
		
		
		
		
		
		
		
		
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		Issues:?  Termination of parental rights under oo 19b(3)(e), (g), and  (j) at 
the initial dispositional hearing
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? In re Guy
		e-Journal  Number:? 10270
		Judge(s):?  Memorandum ) McDonald, Smolenski, and Kelly
		
		The trial court  did not err in terminating respondent-father,s parental 
rights at  the initial dispositional hearing. The petition contained a 
proper  request for termination, and the family court found by a 
preponderance  of the evidence that the child came under its jurisdiction. 
The  family court also did not clearly err in finding by clear and 
convincing  evidence that one or more of the facts alleged in the petition 
were  true and justified termination of parental rights. Respondent had  a 
lengthy criminal history, multiple incidents of domestic violence,  
long-standing drug and alcohol abuse, long-term failure to parent  the child, 
and failed to comply with the court ordered plan developed  as part of a 
guardianship proceeding. Affirmed.
		
		Full  Text Opinion
		
		Back  to Quicklinks  
		
		Issues:?  Termination of parental rights under oo 19b(3)(a)(ii), (g), (i),  
and (j); Best interests of the child
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? In re Jones
		e-Journal  Number: 10268
		Judge(s):?  Per Curiam - White, Cavanagh, and Talbot
		
		Respondent-mother,s  parental rights to her minor child were properly 
terminated because  the asserted statutory grounds for termination were 
established  by clear and convincing evidence. Respondent,s parental rights 
to  her three other children were previously terminated as a consequence  of 
her drug use and her failure to rehabilitate, and she continued  to use drugs 
during her pregnancy with the minor, causing the minor  to be born addicted 
to crack cocaine. Respondent continued to abuse  drugs after the minor,s 
birth, did not set forth a meaningful plan  to provide for the minor,s care, 
her housing arrangements were transient,  and she had not maintained 
employment for a significant duration  of time. Affirmed.
		
		Full  Text Opinion
		
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		Issues:  Termination of parental rights based on oo 19b3)(c)(i), (g),  (j), 
and (k)(iii); Alleged bias of trial court; Jurisdiction over  minor child
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: In re Pittao
		e-Journal  Number: 10267
		Judge(s):  Per Curiam - White, Cavanagh, and Talbot
		
		The family  court did not clearly err in finding that the statutory grounds  
for termination were established by clear and convincing evidence.  The 
respondent-father's claim that during the proceedings, he was  essentially on 
trial for the murder of his wife was unpersuasive.  The trial court 
specifically indicated in its findings that it did  not consider respondent's 
wife's murder. The trial court also indicated  in detail the factors on which 
it relied, including respondent's  failure to address his substance abuse and 
domestic violence issues,  his lack of credibility, and his failure to comply 
with the case  treatment plan. The evidence did not show that termination of 
respondent's  parental rights was clearly not in the child's best interests. 
Affirmed.
		
		Full  Text Opinion
		
		
		
		
		
		Insurance 
		
		
		
		
		
		
		
		
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		Issues:  Whether the loss payable clause in the insurance policy was  an 
ordinary or a standard loss payable clause
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: Van Reken v. Michigan Basic Property Ins. Ass'n
		e-Journal  Number: 10255
		Judge(s):  Per Curiam - Doctoroff, Cavanagh, and Meter
		
		The loss payable  clause covering plaintiffs-land contract vendors' interest 
in the  property was clearly an ordinary loss payable clause, because it  
provided for payment to the insured-land contract vendees and plaintiffs  "as 
their interests may appear", without any additional  language providing that 
plaintiffs would be protected from loss  based on any act or neglect of the 
insured. Defendant issued an  insurance policy for the property, naming the 
vendees as the insureds,  and plaintiffs were listed under a loss payable 
clause. Accordingly,  plaintiffs' right of recovery was no greater than that 
of the vendees.  Because the policy's theft and intentional act provisions 
clearly  precluded the vendees from recovering, plaintiffs were also 
precluded  from recovering. The trial court should have denied plaintiffs'  
motion for summary disposition and granted defendant's motion for  summary 
disposition. Reversed and remanded.
		
		Full  Text Opinion
		
		
		
		
		
		Litigation 
		
		
		
		
		
		
		
		
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		Issues:?  Motion to strike supplemental witness list
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? Moton v. Oakwood Healthcare, Inc.
		e-Journal  Number:? 10263
		Judge(s):?  Per Curiam ) McDonald, Smolenski, and Kelly
		
		The trial court  did not abuse its discretion in granting plaintiffs, motion 
to strike  defendant,s supplemental witness list. There was no evidence 
indicating  a mutual agreement to postpone discovery, and while plaintiffs,  
deposition was delayed, that did not explain defendant,s failure  to conduct 
timely discovery from plaintiffs, treating physicians  and coworkers. 
Defendant failed to adequately explain its delay  in obtaining the private 
investigators, material. Defendant argued  that the trial court should have 
accepted the supplemental witness  list because defendant explicitly reserved 
the right to amend its  original list. However, the court held that allowing 
parties to  circumvent the rules by claiming a reservation of rights would 
defeat  the purpose and authority of the court rules. Affirmed.
		
		Full  Text Opinion
		
		
		
		
		
		Municipal
		
		
		
		
		
		
		
		
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		This summary  also appears under Real Property
		
		Issues:?  Zoning variance; Zoning Board of Appeals (ZBA); Interpretation of?  
the applicable township ordinance and whether the ordinance prevented  the 
building of a single-family residence on lot in question; Whether  the 
circuit court properly analyzed the ZBA,s denial of a variance;  Self-created 
hardship; Taking
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? Domine v. Township of Grosse Ile
		e-Journal  Number: 10256
		Judge(s):?  Per Curiam - Doctoroff, Cavanagh, and Meter
		
		The  circuit court erred in reversing the ZBA,s decision to deny a variance  
because competent, material, and substantial evidence supported  the ZBA,s 
decision. Plaintiff,s property did not conform to the  zoning ordinance 
because it failed to meet the lot size requirements.  While this was a 
practical difficulty inherent in the property itself,  this practical 
difficulty could have been avoided if plaintiff had  not decided to sell the 
second lot separately. Plaintiff, not the  zoning ordinance, could reasonably 
be deemed to have caused the  practical difficulty. Consideration of the 
effect of the requested  variance on others and on the character of the 
subdivision was also  appropriate. Reversed and the decision of ZBA was 
reinstated.
		
		Full  Text Opinion
		
		
		
		
		
		Negligence & Intentional Tort 
		
		
		
		
		
		
		
		
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		Issues:  Whether plaintiff's claim was barred by the fireman's rule
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: Berry v. John Carlo, Inc.
		e-Journal  Number: 10264
		Judge(s):  Per Curiam - McDonald, Smolenski, and Kelly
		
		The trial court  properly granted summary disposition to the 
defendant-dredging contractor  because it was undisputed that defendant's act 
of blocking the road  with dredged material took place prior to 
plaintiff-police officer  beginning his park patrol activities. Plaintiff was 
injured as his  car hit a pile of dredged material left on the closed road by 
defendant  and the car became airborne. Plaintiff claimed that defendant 
acted  in a grossly negligent manner by placing the dredged material on  the 
road and by failing to place proper warning devices around the  material. The 
fireman's rule applied because the defendant's conduct  of which plaintiff 
complained, occurred prior to the commencement  of plaintiff's patrol and 
arrival on the road, and was not unrelated  to plaintiff's reason for being 
at the location where the collision  occurred. The area where plaintiff was 
injured was closed due to  defendant's activities and his duties included 
checking the area  for trespassers. Affirmed. 
		
		Full  Text Opinion
		
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		Issues:?  Negligence; Intentional destruction of relevant evidence; Sanctions
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? Garrison v. Mount Clemens Gen. Hosp. 
		e-Journal  Number: 10262
		Judge(s):?  Per Curiam - McDonald, Hood, and Smolenski
		
		The  trial court properly held that plaintiffs failed to present any  
evidence to show that defendant-hospital was negligent or was responsible  
for defendant-Reid,s conduct where plaintiff was injured outside  the 
hospital when he was struck by Reid,s car, which rolled into  him while 
unattended. The evidence showed that Reid left the car  without setting the 
parking brake and the car rolled down the drive  and hit plaintiff. However, 
the gearshift was found in neutral,  the key was not in the ignition, and 
Reid had taken her keys inside  and given them to the desk nurse. Although 
defense experts concluded  that the key had to be in the ignition for the car 
to travel along  the path it took, there was no evidence supporting the 
experts,  conjecture, plaintiff offered none, and the experts themselves 
could  not explain how the key could have been in the ignition if it was  
with the desk nurse. Affirmed.
		
		Full  Text Opinion
		
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		Issues:  Premises liability; Open and obvious doctrine
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: Girard v. Dearborn Cinemas
		e-Journal  Number: 10261
		Judge(s):  Per Curiam - McDonald, Smolenski, and Kelly
		
		Since plaintiff  admitted that he had specific knowledge of the ladder's 
defective  condition where the safety latches that extended the ladder had  
been removed and in their place a piece of rope had been tied to  two rungs 
and he knew that the ladder would retract if the rope  broke, the danger 
presented by the ladder was open and obvious to  him. The trial court 
properly granted summary disposition to both  defendants. Plaintiff worked as 
a roofer for a company hired to  perform roofing work at defendant's 
premises. While working there,  plaintiff and his coworkers used an extension 
ladder left on defendant's  roof by an unknown party. Plaintiff and others 
used the ladder for  several days without incident, however the rope broke 
while plaintiff  was on it, the ladder retracted, and plaintiff fell and was 
injured.  Affirmed.
		
		Full  Text Opinion
		
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		This summary  also appears under Employment & Labor Law
		
		Issues:?  Defamation action by former employee; Whether claim was preempted  
by federal labor law; Sufficient evidence to sustain each element  of 
defamation claim; Damages; Absolute privilege; Qualified privilege;  Jury 
instructions regarding actual malice and reckless disregard;  Motion for 
directed verdict or JNOV; Whether plaintiff,s counsel  argued facts not in 
evidence
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? Slawick v. Detroit Newspaper Agency
		e-Journal  Number:? 10260
		Judge(s):?  Per Curiam ) Griffin, Jansen, and Gage
		
		Plaintiff-former  employee,s defamation claim was not preempted by federal 
labor law  because defendant used the CBA solely as a defense to the claim,  
contending that publication of the discharge letter to the union  president 
was absolutely privileged. The letter of discharge accused  plaintiff of 
throwing liquid substances on security personnel. Reviewing  the record, the 
court determined that the jury could have found  that defendant acted with 
actual malice in disseminating the discharge  letter. There was evidence at 
trial that the contents of the discharge  letter were made with reckless 
disregard for the truth. The trial  court did not err in denying defendant,s 
motion for a directed verdict  or JNOV. Evidence supported the jury,s award 
of $75,000 for noneconomic  damages, $25,000 for exemplary damages, and 
$6,000 in economic damages.  Affirmed.
		
		Full  Text Opinion
		
		
		
		
		
		
		
		Real  Property 
		
		
		
		
		
		
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		This summary  also appears under Municipal
		
		Issues:?  Zoning variance; Zoning Board of Appeals (ZBA); Interpretation of?  
the applicable township ordinance and whether the ordinance prevented  the 
building of a single-family residence on lot in question; Whether  the 
circuit court properly analyzed the ZBA,s denial of a variance;  Self-created 
hardship; Taking
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? Domine v. Township of Grosse Ile
		e-Journal  Number: 10256
		Judge(s):?  Per Curiam - Doctoroff, Cavanagh, and Meter
		
		The  circuit court erred in reversing the ZBA,s decision to deny a variance  
because competent, material, and substantial evidence supported  the ZBA,s 
decision. Plaintiff,s property did not conform to the  zoning ordinance 
because it failed to meet the lot size requirements.  While this was a 
practical difficulty inherent in the property itself,  this practical 
difficulty could have been avoided if plaintiff had  not decided to sell the 
second lot separately. Plaintiff, not the  zoning ordinance, could reasonably 
be deemed to have caused the  practical difficulty. Consideration of the 
effect of the requested  variance on others and on the character of the 
subdivision was also  appropriate. Reversed and the decision of ZBA was 
reinstated.
		
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		fields  of practice listings
		
		
		
		
		
		ADR/Arbitration/Mediation
		
		
		
		
		
		
		ASHER N.  TILCHIN, a  member of the American College of Civil Trial Mediators 
and Michigan  Arbitration and Mediation Association provides mediation for 
pre,  early, and matured lawsuits. He has been a successful mediator since  
1991. Tilchin also provides arbitration services as a single or  multi-panel 
arbitrator. Cases involving construction, real estate,  commercial 
transactions, and legal malpractice invited. Asher N.  Tilchin, 31731 
Northwestern Hwy., Suite 106, Farmington Hills, MI  48334, (248)855-0995 or 
Fax (248) 855-0850, e-mail antilchin@aol.com
		
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		Administrative  Law
		
		
		
		
		
		
		JAMES R. VIVENTI, James R Viventi PLLC, 3670 Powderhorn  Drive, Okemos, MI 
48864-5924, Phone: (517) 381-0670, FAX: (517)  381-0671. 
		
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		Adoption
		
		
		
		
		
		
		MONICA FARRIS LINKNER, Sommers, Schwartz, Silver & Schwartz,  PC, 2000 Town 
Center, Suite 900, Southfield, MI 48075-1100, Phone:  (248) 746-4011, FAX: 
(248) 936-1976, e-mail: mlinkner@s4online.com.  
		
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		Alternative  Dispute Resolution
		
		
		
		
		
		
		DONNA CRAIG, Donna Craig & Associates PLC, 999 Haynes Street,  Suite 245, 
Birmingham, MI 48009, Phone: (248) 682-7750, FAX: (248)  682-2376, e-mail: 
craigassoc@earthlink.net.  Visit www.adr-resource.com
		
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		Antitrust/Advertising/Trade  Regulation
		
		
		
		
		
		
		DAVID G.  CHARDAVOYNE specializes  in the regulation of business competition, 
including: antitrust  law, unfair competition, and the regulation of 
advertising, labeling,  and other trade practices. Former Chairperson of 
State Bar antitrust  and trade regulation section, more than 15 years' 
experience in  this field. Will consult regarding antitrust issues 
(monopolies,  mergers, price fixing, exclusive dealing, tying arrangements, 
price  discrimination, dealer termination, market allocation); premerger  
notice filings under Hart-Scott-Rodino Act; discussions with State  and 
Federal regulatory agencies (FTC, Justice Department, Attorney  General); 
compliance with laws regulating advertising (substantiation  of claims, 
product labels, consumer price displays); and all other  matters relating to 
business competition. David G. Chardavoyne,  26755 La Muera Ave., Farmington 
Hills, MI 48334-4613, (248) 477-6308,  e-mail chardavoyne@aol.com
		
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		Appeals
		
		
		
		
		
		
		LAURIE S. LONGO, 214 South Main, Suite 210, Ann Arbor, MI  48104-2122, Phone: 
(734) 913-5619, e-mail: 42203@msn.com.  Visit http://michiganappeals.com.  
		
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		Appellate  Law
		
		
		
		
		
		
		SAFFORD & BAKER, PLLC, 40900 Woodward Avenue, Suite 110, Bloomfield  Hills, 
MI 48304, Phone: (248) 646-9100, FAX: (248) 646-9102. Visit  
www.saffordbaker.com
		
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		Automobile  Warranty Law
		
		
		
		
		
		
		LIBLANG  & ASSOCIATES:  Specializing in "Lemon Law", UCC, Magnuson-Moss, 
Odometer  Fraud and Consumer Protection Act. Available for trials, 
consultations  or referrals. Cases accepted statewide. Over 17 years and 
5,000  cases. Michigan's most experienced lemon law attorneys, Dani K.  
Liblang and Scott J. Sinkwitts. Please call (248) 540-9270 or e-mail   
NoLemons@aol.com 
		
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		Business  & Taxation
		
		
		
		
		
		
		LAW OFFICES  OF RALPH W. PEZDA.  Oakland County practitioner with an LL.M. 
degree in taxation from  New York University will assist your clients or firm 
with taxation,  business, interdisciplinary, and white collar criminal 
matters.  Referrals paid. 27700 Northwestern Hwy., Suite 411, Southfield,  MI 
48034. (248) 352-5632. E-mail address: rwp@cdlcorp.com
		
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		Construction  Law
		
		
		
		
		
		
		JOHN V.  TOCCO, attorney,  construction engineer, and civil engineering 
professor, with over  twenty years experience in the construction industry, 
provides mediation  and arbitration services for all construction matters. 
Also provides  litigation support and claims analysis. Cases accepted 
statewide.  Call (313) 406-2040 for CV, or review Profile at 
www.johntocco.com  E-mail john@johntocco.com
		
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		Copyrights
		
		
		
		
		
		
		CAROL R. SHEPHERD, Arborlaw Associates, PLLC, 320 S Main  St, PO Box 8403, 
Ann Arbor, MI 48107-8403, Phone: (734) 668-4646,  FAX: (734) 822-4646, 
e-mail: shepherd@arborlaw.com.  
		
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		Criminal  Law
		
		
		
		
		
		
		F. RANDALL KARFONTA, Attorney @ Law, 113 North Main, PO  Box 565, Leland, MI 
49654, Phone: (231) 256-2200. Visit http://www.leelanau.com  or 
http://www.leelanau.com/professional/karfonta.  
		
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		RAYMOND A. CASSAR, Law Offices of Raymond A. Cassar, 30665  Northwestern Hwy, 
Suite 100, Farmington Hills, MI 48334, Phone: (248)  855-0911, FAX: (248) 
855-9523, e-mail: rcassar@aol.com.  Additional offices located in Oakland 
County (248) 855-0911, and Wayne  County (313) 278-8811. Visit 
www.crimlawattorney.com.  
		
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		TALPOS & ARNOLD PC, 2855 Coolidge Road, Suite 109, Troy, MI  48084-3215, 
Phone: (248) 643-4515, FAX: (248) 643-4797, e-mail: jctalpos@aol.com.  Visit 
www.Mich-Lawyer.com.  
		
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		Environmental  Law
		
		
		
		
		
		
		DEAN & FULKERSON, PC, Richard A. Barr, rbarr@dflaw.com  or James K. O'Brien, 
jobrien@dflaw.com,  801 W Big Beaver, Suite 500, Troy, MI 48084-4767, Phone: 
(248) 362-1300,  FAX: (248) 362-1358. 
		
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		Family  Law
		
		
		
		
		
		
		JOHN G. MAKRIS, 802 E Big Beaver Rd, Troy, MI 48083-1404,  Phone: (248) 
528-1811, FAX: (248) 524-0973, e-mail: jgmakris@altavista.com.  
		
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		Federal  False Claims (Qui Tam) Actions
		
		
		
		
		
		
		HaronDAVID  HARON represents  whistleblowers in civil false claims actions 
and works with referring  attorneys nationwide who specialize in employment 
law and other  fields. Under the federal False Claims Act, private 
individuals  with knowledge of fraud against federal programs can file suit 
on  behalf of the United States and receive a substantial share of any  
recovery. Representing such claimants, Mr. Haron has recovered millions  of 
dollars in Medicare and Medicaid funds that had been fraudulently  obtained 
by health-care providers, primarily through abusive billing  practices. To 
learn more, visit his qui tam web site at www.QuiTamOnline.com  or contact 
him directly by e-mail at dharon@fsh-law.com  or phone (248) 952-0400 at 
Frank, Stefani, Haron & Hall  in Troy http://www.fsh-law.com/
		
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		Health  Law 
		
		
		
		
		
		
		KENNETH R. MARCUS, representing provider organizations and  professionals 
since 1984 in Blue Cross/Medicaid/Medicare Audit Defense,  Payment Appeals, 
Stark Act Compliance, Managed Care Contracting,  Physician Transactions, 
Corporate Law. I work collaboratively with  general counsel. Phone 
888.865.9955, fax: 248.865.9956, e-mail:  krmarcus@aol.com. Visit  
www.lawyers.com/kenmarcus.
		
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		Hospital  & Medical Negligence
		
		
		
		
		
		
		THE  LAW OFFICES OF JOHN S. HONE, P.C., representing victims  of hospital and 
medical negligence resulting in serious injury,  permanent cognitive and 
physical disability and wrongful death.  Millions won, available for 
consultation and referral, cases accepted  statewide. Phone Hone: (248) 
888-7585; Toll Free: 888-HMO-1010;  Fax: (248) 473-8895; E-mail to 
mmhmolawsuit@aol.com
		
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		Immigration  and Naturalization
		
		
		
		
		
		
		NAHIL PETER ANTONE, N. Peter Antone, PC, 16445 West Twelve  Mile Road, Suite 
100, Southfield, MI 48076, Phone: (248) 559-0707,  FAX: (248) 559-0790, 
e-mail: Peter@Antone.com.  Visit http://Antone.com.  
		
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		ROGER R. RATHI, Attorney at Law, 29777 Telegraph Road, Suite  2500, 
Southfield, MI 48034, Phone: (248) 539-8421, FAX: (248) 353-2786,  e-mail: 
rrathi@yahoo.com.  
		
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		STEVEN N. GARMO, Law Offices of Garmo & Garmo, 28230 Orchard  Lake Road, 
Suite 201, Farmington Hills, MI 48334, Phone: (248) 626-0050,  FAX: (248) 
626-0051, e-mail: steve@garmo.com.  Visit: www.garmo.com.  
		
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		Immigration  Law
		
		
		
		
		
		
		MARSHAL  E. HYMAN & ASSOCIATES. All  aspects of immigration law including 
employment-based immigration  for professionals and skilled workers. Labor 
certifications. Family-based  immigration. Immigration from Canada. Political 
asylum, all waivers  and appeals. Corporate transfers for multinational 
employees. Representation  in Immigration courts and Federal courts since 
1981. 3250 West Big  Beaver, Suite 529, Troy, MI 48084. (248) 643-0642, Fax: 
(248) 643-0798.  E-mail: marshalhyman@msu.com
		
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		Insurance  Law
		
		
		
		
		
		
		STUART A. SKLAR, Fabian, Sklar & Davis, PC, 31800 Northwestern  Hwy, Suite 
205, Farmington Hills, MI 48334, Phone: (248) 855-2110,  FAX: (248) 855-0209. 
Additional office located in West Michigan  (616) 451-9900, e-mail: 
ssklar-firelaw@tir.com.  
		
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		Intellectual  Property Law
		
		
		
		
		
		
		GIFFORD, KRASS, GROH, SPRINKLE, ANDERSON & CITKOWSKI, P.C.,  280 North Old 
Woodward, Suite 400, Birmingham, MI 48009-5392, Phone:  (248) 647-6000, FAX: 
(248) 647-5210, e-mail: info@patlaw.com.  
		
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		RADER, FISHMAN & GRAUER, PLLC, Bloomfield Hills (248) 594-0600;  Grand Rapids 
(616) 742-3500; Washington, DC (202) 955-3750; Englewood,  CO (303) 991-1200. 
Visit www.intelprop.com.  
		
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		Labor  & Employment
		
		
		
		
		
		
		THE LAW  OFFICE of  Gregory T. Gibbs  is an AV rated firm with years of 
experience in employment law advice  and litigation. We can answer questions 
about: handbooks, sexual  harassment, wrongful discharge, discrimination, 
family medical leave,  collective bargaining, wage-hour issues or any other 
employment  related matter under state or federal law. We work with you and  
your clients under referral fee arrangements. 328 S. Saginaw St.,  Ste. 9001, 
Flint, MI 48502. (810) 239-9470, fax (810) 235-2468,  e-mail: 
bakerlak@tir.com
		
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		DAVID D. KOHL, 39500 Orchard Hill Place, Suite 110, Novi, MI  48375, Phone: 
(248) 347-6666, FAX: (248) 348-8707, e-mail: daviddkohl@juno.com.  
		
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		Litigation
		
		
		
		
		
		
		FINK, ZAUSMER & KAUFMAN, PC, 31700 Middlebelt Rd #150, Farmington  Hills, MI 
48334, Phone: (248) 851-4111, FAX: (248) 851-0100. Additional  offices 
located in Detroit (313) 963-3873, and Lansing (517) 374-2735.  Visit 
http://www.lawsite.com  
		
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		STEPHEN K. VALENTINE, JR, Valentine & Associates, 5767 West  Maple Road. 
Suite 400, West Bloomfield, MI 48322, Phone: (248) 851-3010,  FAX: (248) 
851-1553.  
		
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		Medical  Malpractice
		
		
		
		
		
		
		WANT A SECOND  OPINION ON A MEDICAL MALPRACTICE CASE? The  law offices of 
Anthony M. Malizia, P.C., is a statewide firm that  handles only medical 
malpractice cases. I am Martindale-Hubbell  "AV-rated." I sit as a 
plaintiff's medical malpractice  mediator. I have 20 years experience in the 
review and development  of these cases, many trials to jury verdict, and many 
more settlements.  Over the years, upwards of 20% of my case inventory has 
consisted  of meritorious cases initially rejected by others, including 
"name  firms." Oftentimes these cases were subjected to incomplete  analysis 
because of the firm's lack of in-depth, medico-legal background.  Sometimes 
medical sleuthing or a new perspective was required. Send  me your rejected 
case for a "de novo" review. We also  welcome the referral of "new" cases. 
Anthony M. Malizia,  P.C., 37000 Grand River, Suite 340, Farmington Hills, MI 
48335,  1-800-555-5107 or e-mail: amlmalizia@aol.com
		
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		Real  Estate
		
		
		
		
		
		
		BRAD B. ALDRICH, Law Offices of Brad B. Aldrich, PLLC, 645  Griswold, Suite 
3261, Detroit, MI 48226, Phone: (313) 965-9490,  FAX: (313) 965-9478, e-mail 
belmontald@aol.com.
		
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		Special  Education Law
		
		
		
		
		
		
		LAW OFFICES  OF MARSHA LYNN TUCK with  20 years experience, 
Martindale-Hubbell "AV-rated," representing  students with and without 
disabilities in suspension, expulsion,  integration, inclusion, and similar 
cases. Marsha Lynn Tuck, 30700  Telegraph Road, Suite 4646, Bingham Farms, MI 
48025. (248) 585-9338.
		
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		Tax  Litigation & Disputes
		
		
		
		
		
		
		JOSEPH FALCONE  is  available to assist attorneys with Federal and State 
Civil and Criminal  Tax Litigation and Dispute matters. Joseph Falcone, a 
former IRS  Detroit District Counsel Trial Attorney, has handled thousands 
of  tax matters and has 27 years experience working in the specialized  area 
of Tax Litigation and Disputes. If you require assistance with  a major tax 
dispute, wish to refer a matter, or just need a few  minutes consultation 
over the phone with your specific problem or  question, telephone or e-mail 
us jf@lawyer.com.  Visit our website at www.lawyers.com/falconerolfe.  
Falcone & Rolfe, P.C., 3000 Town Center, Suite 2370, Southfield,  MI 48075. 
(248) 357 6610. Fax (248) 357-6613.
		
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		Transportation  Law
		
		
		
		
		
		
		PAUL M. ROSS, P.C., 2840 East Grand River Avenue, Suite  1, East Lansing, MI 
48823-4911, Phone: (517) 337-7677, FAX: (517)  332-9361, e-mail: 
pross1412@aol.com.  
		
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		Worker's  Compensation
		
		
		
		
		
		
		JOHN M. H ULRICH, IV, Crawforth Mcmanus Tenbrunsel & Ulrich,  999 Haynes 
Street, Suite 245, Birmingham, MI 48009-6702, Toll-free:  (800) 424-4878, 
Phone: (248) 540-1270, FAX: (248) 540-3925. 
		
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		To receive information  on how to place a Fields of Practice listing, contact 
Stacy  Sage or see Advertising  Opportunities on our website.  
		
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		classified  advertising
		
		
		
		
		
		Confidential  Records Destruction
		
		
		
		
		
		
		SHRED-IT.  Confidentiality, Privacy and Document Security are vital in 
today's  environment. SHRED-IT provides solutions for secure destruction  of 
confidential, sensitive and proprietary information, utilizing  a unique, 
mobile, ON-SITE document destruction system. Call 1-800-69-SHRED  or 
1-800-697-4733. E-mail  Eastern Michigan; e-mail  Out state Michigan or visit 
 our website
		
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		Expert  Witness-Building
		
		
		
		
		
		
		EXPERT WITNESS  services  for construction issues. Our cases include issues 
of faulty construction,  failure to disclose, personal injury and ADA. Mr. 
Tyson is a member  of many model code organizations including BOCA, ICBO, 
NFPA and  ASTM. Our attorney clients represent plaintiffs and defendants.  
Rendering independent and unbiased opinions. Ortonville, MI. Phone  (248) 
627-6859.
		
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		RESIDENTIAL  CONSTRUCTION--ABR  Construction Company, Inc. offering expertise 
in all phases of residential  construction related to workmanship, cost, 
time, structural analysis,  civil analysis, and other related problems. 
Contact Jack W. Belkin  member BOCA, ASHI, Bldg. Spec. Inc. licensed builder 
and real estate  broker. (248) 443-4063, cell (248) 867-5042 and fax (248) 
443-4065,  e-mail jwbelkin@mich.com    
		
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		Expert  Witness-Economics Consulting
		
		
		
		
		
		
		ECONOMIC LOSS CALCULATION and litigation support in personal  injury, 
wrongful death and wrongful discharge cases. Over 25 years  experience 
including Chief Economist for the Michigan Department  of Commerce. John F. 
Hanieski, Ph.D., Economics Consulting Services,  LLC, 8583 W. Eaton Hwy., 
Grand Ledge, MI 48837. (517) 627-6968.  E-mail: hanieski.john@acd.net  
website: http://userdata.acd.net/hanieski.john
		
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		Expert  Witness-Forensic & Environmental Geologist
		
		
		
		
		
		
		FORENSIC  and ENVIRONMENTAL GEOLOGIST*Certified Professional Geologist;  29 
years investigating soil and water issues for government and  private 
sectors; deposition and trial experience applicable to cases  involving 
insurance claims, construction accidents, environmental  contamination, 
wetlands, property transactions, malpractice, murder,  rape, etc. For more 
information, contact Robert A. Hayes, (517)  655-8348, or 
www.geoforensics.com
		
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		Expert  Witness-Legal Malpractice
		
		
		
		
		
		
		LEGAL MALPRACTICE-EXPERT  EVALUATION, pre-  and post-litigation analysis, 
written opinions, deposition and trial  testimony in plaintiff originated or 
defendant defended legal malpractice  cases that involve Real Estate and 
Commercial Transactions and Civil  Litigation. 18 years' experience as legal 
malpractice expert. Asher  N. Tilchin, Tilchin, Hall & Reynolds P.C., 31731 
Northwestern  Hwy., Suite 106, Farmington Hills, MI 48334. (248) 855-0995, 
fax  (248) 855-0850. E-mail antilchin@aol.com
		
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		Lawsuit  Financials
		
		
		
		
		
		
		DO MONEY  PROBLEMS caused  by disability force some of your clients to settle 
strong, valuable  cases for pennies on the dollar? A Lawsuit Financial, 
L.L.C. contingent  advance allows you time to obtain the maximum dollar 
possible for  your client's case. Lawsuit Financial, L.L.C., 29777 Telegraph 
Road,  Suite 1310, Southfield, MI 48034. Call (248) 948-1800 or (877) 
377-SUIT.
		
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		Legal  Research
		
		
		
		
		
		
		OPEN online  offers instant and cost effective access to public records. 
Select  from many sources of criminal data, verify social security numbers,  
confirm driving records, find addresses, UCC and incorporation filings,  real 
property records, bankruptcies, liens and judgments. For information  call 
800-935-OPEN (6736), email info@openonline.com,  or visit www.openonline.com
		
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		Office  Space Available
		
		
		
		
		
		
		SOUTHFIELD  LAW OFFICE FOR RENT-Reception, conference, kitchen, photocopier,  
fax, file room; secretary to share. Central location near all major  
expressways for quick access for clientele and courts in the tri-county  
area. Attractive and professional. Call Sandra Maison at (248) 355-9400.   
Ddelong@thompsonmorello.com
		
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		Positions  Available
		
		
		
		
		
		
		DAWDA, MANN, MULCAHY & SADLER a full-service Bloomfield  Hills firm, with 25 
attorneys and a national client base, is seeking  a real estate/corporate 
transactional attorney. Qualified candidates  must have 3-5 years experience 
with strong academic credentials.  Send resume and references to Director of 
Administration, 39533  Woodward Avenue, Suite 200, Bloomfield Hills, MI 
48304. 
		
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		 DAWDA, MANN, MULCAHY & SADLER a full-service Bloomfield Hills  firm, with 25 
attorneys and a national client base, is seeking a real  estate/corporate 
transactional paralegal. Qualified candidates must  have 3-5 years experience 
with strong academic credentials. Send resume  and references to Director of 
Administration, 39533 Woodward Avenue,  Suite 200, Bloomfield Hills, MI 
48304.  
		
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		ESTABLISHED  MID-SIZED AV Rated Bloomfield Hills litigation firm 
representing  businesses and insurance companies, seeks attorney with 0-3 
years  experience. Litigation experience helpful. Please direct resumes to  
Linda Pillsworth via e-mail: lpillsworth@kallashenk.com or, Facsimile:  (248) 
335-9889, or via regular mail: 43902 Woodward Avenue, Suite  200, Bloomfield 
Hills, MI 48302. NO TELEPHONE CALLS PLEASE.  
		
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		EXECUTIVE DIRECTOR-The  Grand Rapids Bar Association is soliciting 
applications for the position  of Executive Director. The GRBA is a voluntary 
local bar with 1,500  members, a full-time staff of 7, one-half-time position 
and 8 part-time  volunteers. The Executive Director is the chief operating 
officer.  The GRBA includes a Lawyer Referral Service, which will become the  
centerpiece for a new Legal Assistance Center in September 2001. The  GRBA 
has a combined operating budget of $850,000. The Executive Director  also 
oversees, with a committee and the board, the Grand Rapids Bar  Foundation 
with assets of $1 million. The Executive Director is responsible  to a 
seventeen member Board in accord with policies and procedures  adopted by the 
Board. The successful candidate will be a seasoned  executive with a 
demonstrated record of achieving positive results,  including experience in 
the area of fund development. The Executive  Director will exhibit a high 
level of integrity with superior management,  organizational, budgeting, 
personnel, and interpersonal communication  skills. The GRBA offers a 
competitive salary and benefits package.  Applicants are encouraged to submit 
a letter of interest, current  resume, references, and salary requirements to 
Executive Director  Search Committee, c/o Sherrie Parmelee, Smith, Haughey, 
Rice &  Roegge, Calder Plaza Bldg., 250 Monroe NW, Grand Rapids, MI 49503,  
(616) 458-2385, sparmlee@shrr.com  The Grand Rapids Bar Association is an 
Equal Opportunity Employer.    
		
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		IMMEDIATE OPENING--Lague,  Newman & Irish is seeking an associate with 1 - 2 
years experience.  Candidates must have strong academic credentials and 
excellent writing  abilities. Send cover letter, resume, and transcripts to 
Eric Gielow,  Lague, Newman & Irish, P.O. Box 389, Muskegon, MI 49443 (or 
ergielow@lnilaw.com).    
		
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		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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		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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		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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