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The e-Journal is available to members of the State Bar of Michigan at no 
additional charge thanks in part to the generous support of our advertisers. 
Please be sure to support these State Bar partners and visit their Internet 
sites frequently for information about their products and services.

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[IMAGE]State Bar of Michigan e-Journal for Wednesday, October 25, 2000

?qlink

?Use our specifically designed hypertext links --Quicklinks--to jump to the 
desired area of today's e-Journal

?cases
Cases affecting the following practice areas are summarized in today's 
e-Journal: 

Constitutional Law 
Criminal Law 
Family Law 
Litigation 
Malpractice 
Worker's Compensation 

Special Note: Today's e-Journal contains a summary of one 6th Circuit Court 
of Appeals opinion in the following practice area: Litigation. 

?classified
Listings in the following areas are in today's Classified Section: ? 

Confidential Records Destruction 
Expert Witness 
Lawsuit Financing 
Legal Research 
Positions Available 

?editorial
Other editorial included in today's edition: 

Interim Amendment of Rule 3.208 of the Michigan Court Rules (Allocation and 
Distribution of Court-
Ordered Monies on Friend of the Court Accounts) 
The State Bar Committee on Libraries and Legal Research hopes to create a web 
page that publicizes and tracks listservs used by Michigan practitioners. If 
you know of any useful law-related listservs, please e-mail Carol Parker 

?fieldspractice

Need to refer a case? See today's Fields of Practice Listings: 

ADR/Arbitration/ Mediation 
Admiralty/Maritime & Railroad Law 
Antitrust/ Advertising/ Trade Regulation 
Appeals 
Automobile Warranty Law 
Business & Taxation 
Employment Discrimination/ Harassment Investigations 
Federal False Claims 
Hospital & Medical Negligence 
Immigration Law 
Labor & Employment 
Liquor Law 
Long Term Care 
Medical Malpractice 
Securities Law & Commercial Litigation 
Special Education Law 
Tax Litigation & Disputes 

?newsandmoves

See today's News & Moves for information about your colleagues: 
Crowley Noorman, P.C. & Cummings, McClorey, Davis & Acho, P.L.C. 
Lawrence M. Dudek 
James J. Giszczak, Robin K. Luce, Patricia Erhart Nessel, Laurie J. 
Michelson, Rosalie B. Harrison, David B. Braun, Todd M. Fink, and David A. 
Gardey 
Victor G. Marrocco 
Juliet E. Pressel and Deborah A. Strain 
Keith P. Theisen 
The Thomas M. Cooley Law School 

barevents?

See today's Bar Events section for news about upcoming programs and 
activities:
36th District Court Case Evaluation 
Medical Malpractice Settlements: The Licensing Impact 
MAMA Attorney's Institute--Municipal Law from A to Z 
Hellenic Bar Association 2nd Annual Meeting 
Pro Bono Attorneys from Blue Cross & Blue Shield of Michigan 
Admiralty Law Section Meeting 
Trust Administration Issues Identified Under EPIC 
Thomas M. Cooley Law School Law Review Symposium 
FBA Bankruptcy Section Luncheon 
Meet the Judges of the 36th District Court 
Uncensored and Unplugged: Informational Breakfast with Federal Judge Bernard 
Friedman 
Pro Bono Attorneys from Dickinson Wright P.L.L.C. 
Catholic Lawyers Society Family Retreat 
FBA Luncheon & Rakow Scholarship Awards 
Real Property Law Homeward Bound Series  
Pro Bono Attorneys from Garan Lucow Miller, P.C. 
A Night at Mark Ridley's Comedy Castle 
Hot Topics in Estate Planning 
ACLU Annual Dinner & Silent Auction 
MDTC Annual Winter Meeting 
Taking & Defending Depositions 
Seminar on ADR in Courts 

case summariesConstitutional Law

Back to Quicklinks

This summary also appears under Family Law

Issues: Jurisdiction over the minor child; Whether the term "cruelty" in o 
2(b) is unconstitutionally vague; Jury instructions
Court: Michigan Court of Appeals (Unpublished)
Case Name: In re Herronen
e-Journal Number: 8384
Judge(s): Per Curiam - Fitzgerald, Hood, and McDonald

The term "cruelty" as used in the statute is not unconstitutionally vague 
because it gives fair notice to a person of ordinary intelligence and a 
reasonable opportunity to know what is prohibited or required. In this case a 
person of ordinary intelligence would understand that hitting a 13-year old 
girl more than once in the face severe enough to necessitate a hospital 
visit, pulling her hair, or pushing her into a wall causing her to become 
dizzy would fall within the purview of cruelty. The family court order taking 
jurisdiction over the minor child was affirmed.

Full Text Opinion

Criminal Law

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Issues: Denial of defense motion for a lineup; Prosecutorial misconduct
Court: Michigan Court of Appeals (Unpublished)
Case Name: People v. Cain
e-Journal Number: 8381
Judge(s): Per Curiam - Neff, Talbot, and Sullivan

The trial court did not abuse its discretion when it denied defendant's 
untimely motion for a lineup. An eyewitness testified that she was only an 
arm's length away from defendant when she saw him "key" the complainant's 
vehicle, then enter a business. The manager of the business, notified of the 
keying incident shortly after it occurred, testified that defendant was the 
only person in the building lobby matching the perpetrator's description. 
Although eyewitness identification was a material issue, a lineup would not 
have resolved any "mistaken identification" in this case. The trial court 
also properly considered the untimeliness of the motion, and the possible 
hardship a delay for a lineup could have had on the eyewitness, who resided 
in another state. Defendant's conviction of malicious destruction of property 
over $100 was affirmed.

Full Text Opinion

Back to Quicklinks

Issues: Whether the trial court erred in finding that defendant was the 
carjacker; Identification; Witness credibility; Whether the lineup was unduly 
suggestive; Sufficiency of evidence to convict of carjacking
Court: Michigan Court of Appeals (Unpublished)
Case Name: People v. Fordham
e-Journal Number: 8380
Judge(s): Per Curiam - Neff, Talbot, and Sullivan

Since both the victim and a police officer identified the defendant as the 
man who stole the victim's car and the trial court concluded that the victim 
was not confused when he identified the defendant as the carjacker, the trial 
court's finding that defendant was one of the carjackers was not clearly 
erroneous. There was sufficient evidence based on the identification evidence 
for a rational trier of fact to have concluded that defendant committed the 
carjacking. Affirmed. 

Full Text Opinion


Back to Quicklinks

Issues: Sufficient evidence of intent to convict for arson of a dwelling 
house; Whether defendant was too intoxicated to have formed the requisite 
intent
Court: Michigan Court of Appeals (Unpublished)
Case Name: People v. Moss
e-Journal Number: 8387
Judge(s): Per Curiam - Neff, Talbot, and Sullivan

The prosecution introduced sufficient evidence for a rational trier of fact 
to conclude that defendant acted willfully and maliciously, regardless of 
whether he was intoxicated to some degree, when he set fire to the victims' 
home. Even if defendant was drunk when arrested approximately 22 hours after 
the fire, his intoxication did not bear any relation to his state of mind on 
the night of the fire. The testimony indicated that even if defendant was 
intoxicated, he remained fully capable of entertaining the necessary specific 
intent. The evidence established that (1) defendant appeared at the victims' 
home three times and was there purposely prior to the fire, (2) defendant had 
no reported difficulty safely traveling to and from the victims' house, (3) 
defendant threatened the victims that he would return to harm them, and (4) 
defendant followed through with the threats later that night when he 
purchased kerosene, transported it to the victims' home, poured it onto the 
porch and into the mail slot, and set fire to the home. Affirmed.

Full Text Opinion

Back to Quicklinks

Issues: Whether there was sufficient evidence to support convictions for 
aiding and abetting false pretenses, attempted false pretenses, and stealing 
or retaining a financial transaction device
Court: Michigan Court of Appeals (Unpublished)
Case Name: People v. Pitts
e-Journal Number: 8395
Judge(s): Per Curiam - Neff, Talbot, and Sullivan

There was insufficient evidence that defendant performed acts or gave 
encouragement that assisted the commission of the crimes to support his 
convictions for aiding and abetting false pretenses and attempted false 
pretenses. Although defendant threw torn pieces of paper from the passenger 
door of the vehicle during the pursuit by the police, the credit card numbers 
recovered from the torn pieces of paper were not similar to the credit card 
numbers given by defendant's brother to purchase merchandise. There was no 
evidence associating defendant with the representations that were made to the 
employees by his brother regarding the validity of the credit card numbers. 
Defendant's convictions for aiding and abetting false pretenses and attempted 
false pretenses were reversed. 

Full Text Opinion

Back to Quicklinks

Issues: Suppression of defendant's inculpatory statements; Whether 
interrogation was custodial; Whether defendant's statements were knowingly 
and voluntarily made; Totality of the circumstances
Court: Michigan Court of Appeals (Unpublished)
Case Name: People v. Rose
e-Journal Number: 8385
Judge(s): Per Curiam - McDonald, Sawyer, and White

The trial court erred in suppressing defendant's statements to police on the 
basis that defendant was in custody and thus entitled to Miranda warnings 
from the outset of the interview. Defendant agreed to speak with the police, 
drove himself to the station, and was informed prior to the interview that he 
was not under arrest and was free to leave. At no time was he told that he 
was not free to leave, and the door was left open. The officer's failure to 
tell defendant that he was being investigated for CSC did not alter the fact 
that defendant was told he was free to leave, or render the interview a 
custodial one. Further, under the totality of the circumstances, defendant's 
statements were knowingly and voluntarily made, and were not the product of 
psychological coercion. Defendant was 21-years old, had completed three years 
of college, and discerned the focus of the officer's inquiries soon after the 
interview began. The trial court's order suppressing defendant's statements 
was reversed, and the case remanded for further proceedings.

Full Text Opinion

Back to Quicklinks

Issues: Prosecutorial misconduct; Other acts evidence; Admission of witness' 
testimony; Jury instructions
Court: Michigan Court of Appeals (Unpublished)
Case Name: People v. Vaughn
e-Journal Number: 8383
Judge(s): Per Curiam - O'Connell, Kelly, and Whitbeck

Although the defendant argued that the prosecutor improperly referred to an 
accomplice's plea agreement to bolster that witness' testimony, defendant did 
not show that he was prejudiced. The prosecutor did not engage in misconduct 
by eliciting testimony and arguing that the plea agreement required the 
witness to testify truthfully, because the prosecutor did not personally 
vouch for the witness' credibility. Affirmed.

Full Text Opinion

Family Law

Back to Quicklinks

Issues: Modification of a custody order without conducting an evidentiary 
hearing; Trial court's failure to identify the change of circumstances, 
whether an established custodial environment existed, or an analysis of the 
best interest factors; Reassignment of custody matter to a different judge
Court: Michigan Court of Appeals (Unpublished)
Case Name: Belgiorno v. Belgiorno
e-Journal Number: 8389
Judge(s): Per Curiam - Wilder, Smolenski, and Whitbeck

The trial court erred because it did not conduct an evidentiary hearing 
before it entered an order modifying the parties' custody. The trial court's 
order placing physical custody of the parties' minor child with 
plaintiff-mother was vacated and remanded to (1) conduct an evidentiary 
hearing, (2) state specific findings of fact and conclusions of law on the 
record, (3) determine whether an established custodial environment existed, 
(4) determine whether proper cause or a change of circumstances existed that 
justified a change of custody, and (5) address the best interest factors to 
determine the best interest of the child.

Full Text Opinion

Back to Quicklinks

Issues: Termination of parental rights pursuant to oo 19b(3)(a)(ii), (c)(i), 
(g), and (j); Proper service of summons for adjudicative hearing; Failure to 
challenge one of the statutory grounds for termination
Court: Michigan Court of Appeals (Unpublished)
Case Name: In re Glover
e-Journal Number: 8379
Judge(s): Per Curiam - Neff, Talbot, and Sullivan

The family court did not err in finding that statutory grounds for 
termination of respondent-mother's parental rights were established by clear 
and convincing evidence. Respondent did not begin to work on her treatment 
plan until approximately one month before the termination hearings. Further, 
while she was required to seek substance abuse treatment or submit to drug 
testing, she failed to do either. Since respondent made no significant 
progress in these areas, and considering her past history, respondent's 
parental rights were properly terminated under oo 19b(3)(c)(i), (g), and (j). 
Affirmed.

Full Text Opinion

Back to Quicklinks

This summary also appears under Constitutional Law

Issues: Jurisdiction over the minor child; Whether the term "cruelty" in o 
2(b) is unconstitutionally vague; Jury instructions
Court: Michigan Court of Appeals (Unpublished)
Case Name: In re Herronen
e-Journal Number: 8384
Judge(s): Per Curiam - Fitzgerald, Hood, and McDonald

The term "cruelty" as used in the statute is not unconstitutionally vague 
because it gives fair notice to a person of ordinary intelligence and a 
reasonable opportunity to know what is prohibited or required. In this case a 
person of ordinary intelligence would understand that hitting a 13-year old 
girl more than once in the face severe enough to necessitate a hospital 
visit, pulling her hair, or pushing her into a wall causing her to become 
dizzy would fall within the purview of cruelty. The family court order taking 
jurisdiction over the minor child was affirmed.

Full Text Opinion

Back to Quicklinks

Issues: Termination of parental rights; Trial court inquiry into respondent's 
ability to pay support where there was an existing support order; Appointment 
of counsel in a stepparent adoption
Court: Michigan Court of Appeals (Unpublished)
Case Name: In re Keller
e-Journal Number: 8378
Judge(s): Per Curiam - Fitzgerald, Hood, and McDonald

The termination of respondent-father's parental rights was reversed because 
the trial court erred by finding that o 51(6)(a) was satisfied on the basis 
that respondent had the ability to pay child support and failed to do so. It 
was improper for the trial court to inquire into respondent's ability to pay 
child support under o 51(6)(a) where there was an existing support order. The 
order that reserved the question of support because respondent was 
incarcerated constituted a judicial determination that respondent lacked the 
ability to pay. The trial court also erred by failing to appoint counsel for 
respondent upon his request because in a stepparent adoption proceeding under 
o 51(6)(a), the trial court has discretion to appoint counsel for an indigent 
nonconsenting parent.

Full Text Opinion

Litigation

Back to Quicklinks

Issues: Standing; Case or controversy; Absence of an injury-in-fact; 
Challenge to constitutionality of a legalized gambling scheme; Standard of 
review; Lac Vieux Desert Band of Lake Superior Chippewa Indians v. Michigan 
Gaming Control Bd.
Court: U.S. Court of Appeals Sixth Circuit
Case Name: Barden Detroit Casino, L.L.C. v. The City of Detroit
e-Journal Number: 8399
Judge(s): Nelson, Moore, and Wilhoit

The district court correctly dismissed plaintiff's suit against both the city 
and state defendants because plaintiff, an unsuccessful bidder for a license 
to operate a Detroit casino, lacked standing. The court in Lac Vieux 
previously held that the state law preference exempting certain preferred 
developers from the competitive bidding process and allowing a tie-breaking 
preference for applicants that had supported the initiative legalizing casino 
gambling in Detroit had been eliminated. Since the preference was 
ineffective, there could be no injury and no case or controversy against the 
state defendants in regard to the state statute. As to the city defendants, 
the mayor unequivocally testified that no preference was applied at any stage 
of the competitive selection process until after plaintiff had already been 
eliminated from the competition. Therefore, the preference was never applied 
to plaintiff's detriment, and plaintiff suffered no actual injury. Affirmed.

Full Text Opinion

Malpractice

Back to Quicklinks

Issues: Medical malpractice; Statute of limitations; Discovery rule; Whether 
defendant's failure to produce plaintiff's medical records excused timely 
filing of a pre-suit notice
Court: Michigan Court of Appeals (Unpublished)
Case Name: Cabell v. Carino
e-Journal Number: 8382
Judge(s): Per Curiam - McDonald, Sawyer, and White

The trial court properly granted defendant-orthopedist summary disposition on 
the grounds that plaintiff's pre-suit notice was not filed within two years 
of the act or omission that was the basis of the claim. While plaintiff's 
claim accrued in March 1995, he did not file a notice of intent to sue until 
June 1997. Plaintiff's assertion that he did not discover his claim until he 
received his medical records from defendant in April 1997 was without merit. 
Plaintiff's deposition testimony established that by June 1995, at the 
latest, he was aware of a problem with his toe following defendant's 
treatment for an ankle fracture, and actually believed that the cast 
defendant placed on his ankle and foot had caused the problem. Plaintiff's 
attorney was investigating his claim in October 1995. Plaintiff's claim that 
defendant's failure to produce plaintiff's medical records in response to his 
request excused the timely filing of the notice of intent also failed. 
Affirmed.

Full Text Opinion

Worker's Compensation

Back to Quicklinks

Issues: Claim for weekly wage loss benefits based on mental disability; The 
Gardner formulation of the statutory test for determining whether an employee 
has suffered a compensable mental disability; The Worker's Compensation 
Appellate Commission (WCAC)
Court: Michigan Court of Appeals (Unpublished)
Case Name: White v. Department of Agric.
e-Journal Number: 8393
Judge(s): Per Curiam - Owens, Jansen, and Burns

The magistrate properly determined that although an incident where 
plaintiff's supervisor kicked him to wake plaintiff up after he nodded off on 
the job may have appeared objectively insignificant to the average person, 
there was substantial evidence from plaintiff's physician establishing that 
because it would not take much of a stimulus to trigger a response in a 
patient with a preexisting borderline personality, the kicking incident 
contributed to, aggravated, or accelerated plaintiff's mental condition in a 
significant manner. All that is statutorily required are actual events of 
employment, even if objectively unimportant, that contribute to, aggravate, 
or accelerate a mental disability in a significant manner. The decision of 
the WCAC reversing the magistrate and denying plaintiff's claim for weekly 
wage loss benefits on the basis of a mental disability was reversed, and 
remanded the case for reinstatement of the magistrate's award.

Full Text Opinion

fields of practice listingsADR/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

Admiralty/Maritime & Railroad Law

DENNIS M. O'BRYAN is a Proctor in Admiralty whose firm handles injury and 
death cases involving: marine (Jones Act) and railroad (FELA) employees, 
recreational maritime accidents and car/train collisions. Millions won. 
National practice. Referrals guaranteed. 401 S. Old Woodward, Suite 320, 
Birmingham, MI 48009. Phone (248) 258-6262. E-mail 

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

Back to Quicklinks

Appeals

JAMES F. TROESTER, experienced in appeals to State and Federal Courts, will 
provide quality appellate consultation, briefing, research, and argument at 
reasonable cost. Contact Mr. Troester at AV rated/Primerus law firm Smith, 
Bovill, Fisher, Meyer & Borchard, P.C., 200 St. Andrews Road, Saginaw, MI 
48603; (517) 792-9641; e-mail jtroester@smithbovill.com; www.smithbovill.com

Back to Quicklinks

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

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.

Back to Quicklinks

Employment Discrimination/Harassment Investigations

PROPER HANDLING of employee discrimination and harassment claims requires 
outside counsel. Selecting an attorney 
experienced in employment litigation and the EEO investigative process 
ensures the integrity (i.e., fairness and objectivity) of the 
internal investigation. It also avoids in-house conflict of interest 
problems. An independent investigative summary gives 
management a credible basis for evaluating an employee's claims, taking any 
necessary workplace corrective action, and 
minimizing liability exposure. Attorney Lori K. Shemka, who is also an 
EEO-certified investigator, is presently accepting new 
employment investigation assignments. (248) 568-6494 or shemka@concentric.net

Back to Quicklinks

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/

Back to Quicklinks

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

Back to Quicklinks

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

Back to Quicklinks

Labor & Employment

THE LAW OFFICE of Gregory T. Gibbs has 31 years combined experience in 
employment law. 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.

Back to Quicklinks

Liquor Law

THOMAS J. GIACHINO, a recently retired assistant attorney general with 24 
years of experience in representing the Michigan Liquor Control Commission, 
is now in private practice and available for consultation or representation 
of clients in all phases of liquor licensing and enforcement matters. Mr. 
Giachino is familiar with liquor trade practices, state and local liquor 
license and regulations, and licensing requirements in the hospitality 
industry. He may be contacted at Abbott, Nicholson, Quilter, Esshaki and 
Youngblood, 300 River Place, Suite 3000, Detroit, Michigan 48207-4225. Phone 
No. 313-566-2500, fax 313-566-2502, e-mail or visit our website 

Back to Quicklinks

Long Term Care

THE HEALTH LAW DEPARTMENT of Smith Haughey Rice & Roegge specializes in the 
representation of Long Term Care provider facilities. Areas of representation 
include pre, during and post licensing and certification surveys, plans of 
correction, informal deficiency dispute resolution process, state and federal 
appeals, corporate compliance, fraud and abuse, reimbursement via 
Medicare/Medicaid and all areas of regulatory compliance. Smith Haughey Rice 
& Roegge, 1400 Abbott Road, Suite 410, E. Lansing, MI 48823. 
mchamberlain@shrr.com. Visit our website.

Back to Quicklinks

Medical MalpracticeWANT 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

Securities Law & Commercial Litigation

HERTZ, SCHRAM & SARETSKY, P.C. will assist you or your clients in all aspects 
of securities law, including securities arbitration, litigation and 
regulatory representation. Areas of expertise include customer disputes, 
employment issues (such as enforcement and defense of noncompetition 
agreements, trade secret obligations, agreements to pay training costs and 
promises to repay forgivable loans) regulatory inquiries and reporting and 
broker-dealer/ investment advisor creation and registration. The firm is also 
available to accept referrals of complex commercial litigation to be handled 
on a cost-effective and personalized basis. The firm handles a wide variety 
of business litigation matters, including contract, shareholder, employment, 
trade secret, collection, dissolution, and leasing disputes. Brad Schram, 
Gary Saretsky, and Mark Kowalsky, 1760 South Telegraph Road, Suite 300, 
Bloomfield Hills, Michigan 48302-3346; E-mail mkowalsky@hsspc.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. Visit our website. 
Falcone & Rolfe, P.C., 3000 Town Center, Suite 2370, Southfield, MI 48075. 
(248) 357 6610. Fax (248) 357-6613.

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To receive information on how to place a Fields of Practice listing, contact 
Stacy Sage

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classified advertisingConfidential 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--Jack W. Belkin in conjunction with AR Decker & 
Associates, Inc., civil and structural engineers are offering expertise in 
all phases of residential construction related to workmanship, cost, time, 
structural analysis, civil analysis and other related problems. Jack W. 
Belkin, (248) 443-4063, cell (248) 867-5042, 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

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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 Financing

DOES YOUR CLIENT NEED CASH NOW to pay bills while waiting for his case to 
resolve? Get full value. Lawsuit Financial contingent advances afford you a 
most precious commodity.Time! Lawsuit Financial, L.L.C., Suite 304, 6960 
Orchard Lake Road, West Bloomfield, MI 48322. Call (248) 948-1800 or (877) 
377-SUIT.

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Legal Research

OPEN is a national online information service providing point and click 
access to business and individual background data. Available information 
includes driving and criminal records, UCC filings, corporation records, real 
property records, bankruptcies, liens, judgements and other public record 
information. OPEN offers discounted database searches to SBM members. Visit 
our website at www.openonline.com

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Positions Available

ASSOCIATE WANTED--For a nine attorney plaintiffs general practice firm in 
Grosse Pointe, established in 1970. 10 or more years of experience preferred. 
Excellent compensation and benefits. All inquiries will be kept confidential. 
Send resume to Dietrich Associates, 718 Notre Dame, Grosse Pointe, MI 
48230-1240 and call (313) 884-6600, fax: (313) 884-1169.

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ASSOCIATE WANTED--Law, Weathers & Richardson, P.C., a full-service firm in 
Grand Rapids is seeking three associates with two to four years of experience 
each in the following areas: Litigation, Municipal Law, and Business Law. The 
ideal candidates should have a strong academic background and excellent 
professional skills. Please send resume to David Centner, 333 Bridge Street 
NW, Suite 800, Grand Rapids, MI 49504, or via fax at (616) 732-1740 or email 
at davidcentner@lwr.com For more information on Law, Weathers & Richardson, 
P.C., visit our website at www.lwr.com

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ESTATE PLANNING ATTORNEY--"AV-rated" Southwestern Michigan firm is seeking an 
experienced estate-planning 
attorney to join our well-established and growing Estate Planning Section. An 
ideal candidate will have substantial (4 years or 
more) experience in drafting a variety of tax-sensitive trusts, handling 
probate matters, administering trusts and counseling with 
clients concerning alternative plans to suit their needs. We will treat your 
application/inquiry with utmost confidentiality. Please 
send your resume, references and salary requirements to Box 1673, c/o State 
Bar of Michigan, 306 Townsend Street, Lansing, 
MI, 48933-2083.

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TEMPORARY EXECUTIVE LEGAL EDITOR--The Institute of Continuing Legal Education 
is seeking an attorney with 1-2 years' practice experience, strong academic 
background, and excellent research and writing skills to work on a temporary 
basis. Background in civil litigation, family law, real estate, or business 
law is highly desirable. Proficiency with WordPerfect or Microsoft Word is 
required. 25-30 hours per week. Hourly rate will depend on background and 
skills. Please send resume and writing sample to: Joyce Baker Gates, ICLE, 
1020 Greene Street, Ann Arbor, Michigan 48109-1444. The University of 
Michigan is an equal opportunity, affirmative action employer.

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To receive information on how to place a classified advertisement, contact 
Stacy Sage

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News & Moves

Crowley Noorman, P.C. has merged with Cummings, McClorey, Davis & Acho, 
P.L.C. to operate under the name of Cummings, McClorey, Davis & Acho, P.L.C. 
Philip Crowley joins the new firm as a partner, managing the firm's Traverse 
City office. Jeffrey Noorman joins the firm as an associate.

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News & Moves

Lawrence M. Dudek, a principal in the Detroit office of the law firm of 
Miller, Canfield, Paddock & Stone, P.L.C., has been elected Secretary of the 
State Bar of Michigan's Real Property Law Section for 2000-2001. Mr. Dudek is 
a commercial litigator.

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News & Moves

James J. Giszczak, Robin K. Luce, Patricia Erhart Nessel, Laurie J. 
Michelson, Rosalie B. Harrison, David B. Braun, Todd M. Fink, and David A. 
Gardey have been named supervisory attorneys with Butzel Long.

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News & Moves

Victor G. Marrocco has joined the law firm of Kienbaum Opperwall Hardy & 
Pelton. Mr. Marrocco will practice employment litigation and preventive 
counseling in the Detroit office.

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News & Moves

Juliet E. Pressel and Deborah A. Strain have joined Plunkett & Cooney, P.C. 
Ms. Pressel, who joins the firm's Ann Arbor office, is a member of the firm's 
Insurance Law Practice Group, concentrating primarily in the area of civil 
litigation. Ms. Strain joins the Mt. Clemens office and practices primarily 
worker's compensation law.

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News & Moves

Keith P. Theisen has joined the law firm of Conklin, Benham, Ducey, Listman & 
Chuhran, P.C. as an associate in the firm's Traverse City office. Mr. Theisen 
practices primarily in the area of worker's compensation defense law.

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News & Moves

The Thomas M. Cooley Law School is a winner of the 21st Annual Telly Awards 
in the category of recruitment videos.

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Please send information for the News & Moves section to Carrie Peplinski

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bar events36th District Court Case EvaluationMedical Malpractice Settlements: 
The Licensing Impact

Sponsor: Medical Legal Section and Wayne County Medical Society
Date: Wednesday, October 25, from 12:30 p.m. to 2 p.m.
Location: Wayne County Medical Society Headquarters, 1010 Antietam, Detroit
Pricing Information: $12 per person (includes lunch)
Contact: For credit card reservations or questions, call (313) 567-1640

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MAMA Attorney's Institute--Municipal Law from A to 

Sponsor: Michigan Association of Municipal Attorneys
Dates: Wednesday, October 25 and Thursday, October 26. Check-in is at 8:00 
a.m. both days. Session from 8:30 a.m. to 4:30 p.m. on Wednesday; 8:30 a.m. 
to 3:30 p.m. on Thursday
Location: Bavarian Inn Lodge, Frankenmuth, One Covered Bridge Lane. Call 
(517) 652-2651
Pricing Information: Municipal Attorneys $225; Non- Governmental Attorneys 
$300; If Local Government Law and Practice in Michigan is needed, include 
$195 in your registration payment. If registering less than one week before 
the program, add $35 to the registration fee.
Contact: To register, call the Michigan Municipal League at (734) 669-6368. 
For more information, contact Phil Balkema, President (616) 456-3181 or Peter 
A. Letzmann, Program Chair (231) 526-7629.

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Hellenic Bar Association 2nd Annual Meeting

Sponsor: Hellenic Bar Association
Date: Wednesday, October 25, 6:00 p.m. cocktails; 6:45 p.m. dinner
Location: Scarab Club, Detroit
Pricing Information: $30
Contact: Call Ginger Bouchard (313) 965-1688 or e-mail: 
papista@worldnet.att.net

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Pro Bono Attorneys from Blue Cross & Blue Shield of Michigan

Sponsor: Detroit Legal Services Clinic
Date: Thursday, October 26, from 2 p.m. to 5 p.m.
Location: SMART Detroit, 13th Floor Penobscot Building

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Admiralty Law Section Meeting

Date: Friday, October 27, 11:30 a.m. 
Location: SMART Detroit, 13th Floor Penobscot Building

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Trust Administration Issues Identified Under EPIC

Sponsor: Macomb County Probate Bar Association
Date: Friday, October 27, noon to 1:30 p.m. (light lunch provided)
Location: Verkuilen Building Auditorium, 21885 Dunham, Clinton Township
Pricing Information: No charge for members, $10 for non-members
Contact: Send name, phone number, and payment (if a non-member) to: PJ 
Tomlian - 10/27/2000, Administrative Assistant, 77017 Omo Road, Armada, MI 
48005. Checks should be made payable to "Macomb County Probate Bar 
Association"

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Thomas M. Cooley Law School Law Review Symposium

Sponsor: The Thomas M. Cooley Law School Law Review
Date: Friday, October 27, from 1 p.m. to 7 p.m.
Location: Cooley Law School Auditorium, 217 South Capitol Avenue, Lansing
Pricing Information: Free, public is welcome
Contact: Cooley Law Review at (517) 371-4650 ext. 4501

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FBA Bankruptcy Section Luncheon

Sponsor: Federal Bar Association Bankruptcy Section 
Date: Tuesday, October 31, noon
Location: Broadstreet North, 6378 W. Pierson Rd., Flint
Pricing Information: $28 for members, $30.00 for non-members
Contact: For more information, call David Lerner at (248) 901-4010 or 
Claretta Evans at (313) 226-7912 anytime.

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Meet the Judges of the 36th District Court

Sponsor: 36th District Court Section
Date: Wednesday, November 1, from 12:30 p.m. to 2 p.m.
Location: SMART Detroit, 13th Floor Penobscot Building
Pricing Information: $20 Detroit Metropolitan Bar Association members; $30 
non-members; Additional $5 at-the-door
Contact: DMBA at (313) 961-6120 for reservation information

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Uncensored and Unplugged: Informational Breakfast with Federal Judge Bernard 
Friedman

Sponsor: Jewish Federation of Metropolitan Detroit 
Date: Thursday, November 2, 7:30 a.m. to 9 a.m.
Location: Max M. Fisher Federation Building (Maple/Telegraph)
Pricing Information: Free
Contact: For more information, please call Kara Weiner at (248) 203-1499 or 
e-mail kweiner@jfmd.org

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Pro Bono Attorneys from Dickinson Wright P.L.L.C.

Sponsor: Detroit Legal Services Clinic
Date: Tuesday, November 2, from 2 p.m. to 5 p.m.
Location: SMART Detroit, 13th Floor Penobscot Building

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Catholic Lawyers Society Family Retreat

Sponsor: The Catholic Lawyers Society
Date: Sunday, November 5, from 11:00 a.m. to 4:00 p.m.
Location: Our Lady of Sorrows Parish Activity Center, Farmington
Pricing Information: $20 per family (includes lunch)
Contact: If there are any questions, please contact John Sier (313) 965-2915 
or sierj1@kitch.com

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FBA Luncheon & Rakow Scholarship Awards

Sponsor: Federal Bar Association and Historical Society for the U.S. District 
Court, Eastern District of Michigan
Date: Thursday, November 9, noon
Location: Downtown Courtyard Hotel, Detroit (across from the Renaissance 
Center)
Pricing Information: Members $25; Non-members $30
Contact: For ticket information, call Julia Pidgeon at (313) 226-9772

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Real Property Law Homeward Bound Series 2

Sponsor: Real Property Law Section
Date: Thursday, November 9, from 3:30 to 6:30 p.m.
Location: MSU, Management Education Center, 811 W. Square Lake Road, Troy
Pricing Information: $75 for members; $85 for non-members
Contact: For further information call Arlene Rubinstein at (248) 644-7378

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Pro Bono Attorneys from Garan Lucow Miller, P.C.

Sponsor: Detroit Legal Services Clinic
Date: Thursday, November 16, from 2 p.m. until 5 p.m.
Location: SMART Detroit, 13th Floor Penobscot Building

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A Night at Mark Ridley's Comedy Castle

Sponsor: Oakland County Bar Association Membership and New Lawyers Committee
Date: Thursday, November 16. Appetizers from 6 to 7:30 p.m. Performance by 
Dom Irrera from 7:30 to 9:30 p.m.
Location: Appetizers at Royal Oak Brewery; Performance at Comedy Castle
Pricing Information: Members $15; non-members $30
Contact: Register online at http://www.ocba.org or contact James Riashi or 
Jill Bracher at (248) 334-7757

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Hot Topics in Estate Planning

Sponsor: The Taxation Law Section and the Institute of Continuing Legal 
Education (ICLE)
Date: Tuesday, November 21
Location: MSU Management Education Center, 811 W. Square Lake Rd., Troy
Contact: For more information, please contact ICLE at (734) 764-0533

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ACLU Annual Dinner & Silent Auction

Sponsor: ACLU Fund of Michigan, Metro-Detroit branch ACLU
Date: Friday, December 1
Location: Charles H. Wright African American History Museum, Detroit
Pricing Information: Tickets $125; premium tables and advertisements in ad 
journal (to be distributed at dinner & auction) also available
Contact: Becky Bull at (313) 961-7728

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MDTC Annual Winter Meeting

Sponsor: Michigan Defense Trial Counsel
Date: Friday, December 1, 8 a.m. to 3 p.m.
Location: Troy Marriott, Troy
Contact: MDTC, 700 N. Washington Avenue, Lansing, MI 48906-5133; Phone (517) 
482-7538; Fax (517) 485-4129; www.mdtc.org 

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Taking & Defending Depositions

Sponsor: The National Institute for Trial Advocacy (NITA)
Dates: Thursday, December 14 through Saturday, December 16
Location: University Place Conference Center & Hotel, Indianapolis
Pricing Information: Tuition is $995, scholarships are available
Contact: Call NITA at (800) 225-6482 or visit their website at 
http://www.nita.org

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Seminar on ADR in Courts

Sponsor: ADR Section of the State Bar of Michigan, Oakland County Bar 
Association ADR Section, and Oakland Mediation Center
Date: Friday, December 15, from 1 p.m. to 4 p.m.
Location: Oakland County Commissioner's Auditorium, 1200 N. Telegraph, Pontiac
Pricing Information: Free
Contact: RSVP to J. Patrick Martin or by fax (248) 932-0368 before Sunday, 
December 10

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Please send information for the Bar Events section to Carrie Peplinski

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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 Peplinski

To list bar event information, send your information to Carrie Peplinski

Editorial comments may be sent to Nancy Brown

Contact the Interim Executive Director Danial J. Kim

Technical questions may be sent to e-journal-tech@michbar.org

Who Does What at the State Bar 

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