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		State  Bar of Michigan e-Journal for Monday, June 4, 2001
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
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		Special  Note: Today's e-Journal includes summaries of three  Sixth Circuit 
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		Barry  C. Burnette, Jr. 
		Margaret  A. Chamberlain 
		Arthur  H. Clarke, III 
		Debra  Auerbach Clephane 
		Kimberly  J. Commins 
		Jennifer  G. Damico and John C. Stevenson
		Timothy  A. Fusco 
		Stephen  E. Handelman 
		Keith  James 
		L.  Chadwick Nash 
		Gary  K. Mielock 
		Richard  E. Rosenberg
		Robert  G. Teeter 
		G.  Thomas Williams 
		
		
		
		
		
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		See  today's  Bar  Events section for news about upcoming programs and  
activities  
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		case  summaries  
		
		
		
		
		
		
		
		
		
		Business Law 
		
		
		
		
		
		
		
		
		Back  to Quicklinks
		
		Issues:?  Securities fraud class action; Pleadings standard created by  the 
Private Securities Litigation Reform Act; The Safe Harbor provision  for 
&forward-looking statements8; Hoffman v. Comshare; District  court,s 
conversion of motion to dismiss into one for summary judgment
		Court:?  U.S. Court of Appeals Sixth Circuit
		Case  Name:? Helwig v. Vencor, Inc.
		e-Journal  Number:? 10454
		Judge(s):?  En banc ) Merritt, Martin, Daughtrey, Moore, Cole, Clay,  and 
Gilman; Dissent ) Kennedy, Boggs, Norris, Suhrheinrich, Siler,  and Batchelder
		
		Plaintiffs  stated a claim for securities fraud by creating a &strong 
inference8  that defendants projected financial wellbeing at a time when 
they  had actual knowledge that their statements were false or misleading,  
while knowingly omitting material facts that would have tempered  their 
optimism. Plaintiffs, allegations suggested that it must have  become obvious 
that the impact of the Balanced Budget Act would  be adverse to 
defendant-corporation, a health care provider, yet  defendants persisted in 
making favorable predictions and feigning  ignorance of the Act,s potential 
negative impact on earnings. The  district court,s order dismissing plaintiff,
s action for failure  to state a claim was reversed as to plaintiffs, 
allegations regarding  defendants, projections and disclaimers of knowledge 
about the Balanced  Budget Act, and remanded for further discovery and 
proceedings.  
		
		Full  Text Opinion
		
		
		
		
		
		Civil Rights 
		
		
		
		
		
		
		
		
		Back  to Quicklinks
		
		This summary  also appears under Employment & Labor Law
		
		Issues:  Racial discrimination; Intentional infliction of emotional distress
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: Anchrum v. Airtouch Cellular
		e-Journal  Number: 10349
		Judge(s):  Per Curiam - Zahra, Smolenski, and Gage
		
		Plaintiff's  claim that she was terminated from employment based on race 
failed  as a matter of law because she did not present evidence suggesting  
that any similarly situated non-African-American employee was treated  
differently for the same or similar conduct. Plaintiff was terminated  
allegedly because she failed to provide documentation of coaching  sessions 
she was required to perform with her direct employees.  Defendant-employer 
claimed plaintiff was unable to confirm the coaching  sessions took place. 
Plaintiff noted that one Caucasian supervisor  was merely written up for 
failing to coach her employees. However,  there was no evidence that any of 
the other supervisors were ever  believed to have falsified coaching reports. 
Further, defendants  met their burden of presenting a legitimate, 
nondiscriminatory reason  for plaintiff's discharge when they asserted that 
she was terminated  because she was believed to have falsified the coaching 
reports  and plaintiff failed to present sufficient evidence to rebut that  
claim. Affirmed. 
		
		Full  Text Opinion
		
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		This summary  also appears under Employment & Labor Law
		
		Issues:  The Americans with Disabilities Act (ADA); Whether defendant's  job 
rotation concept violated the ADA; Evidence that plaintiff was  disabled 
within the meaning of the ADA; Whether plaintiff was otherwise  qualified; 
Whether defendant failed to provide reasonable accommodation;  Improper order 
that the jury verdict not be entered
		Court:  U.S. Court of Appeals Sixth Circuit
		Case  Name: Kiphart v. Saturn Corp.
		e-Journal  Number: 10453
		Judge(s):  Collier, Daughtrey, and Gilman
		
		The plaintiff-employee  presented sufficient evidence to support the jury's 
verdict in his  favor because he established that (1) he was substantially 
limited  in his ability to perform manual tasks, (2) the full task rotation  
was not an essential job function and plaintiff was otherwise qualified,  and 
(3) defendant failed to provide reasonable accommodation. Plaintiff  alleged 
that defendant improperly used its concept of job rotation,  under which each 
member of a work team rotated through each of the  jobs assigned to the team, 
to justify its refusal to place him on  any team assigned one or more tasks 
he could not perform in violation  of the ADA. Once the jury determined that 
full task rotation was  not an essential job function, as alleged by 
defendant, and plaintiff  was otherwise qualified, the jury could have 
reasonably determined  that, given the imperfect implementation of the job 
rotation system,  defendant's de facto requirement that only restricted 
employees  be fully functional/fully rotational was unreasonable. The jury  
could have reasonably concluded that the hardship of accommodating  plaintiff 
by allowing him not to perform the one or two team tasks  he could not 
perform would not have unduly burdened defendant. Reversed  and remanded.
		
		Full  Text Opinion
		
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		This summary  also appears under Negligence & Intentional Tort
		
		Issues:?  Bystander claim of infliction of emotional distress; Qualified  
immunity; Punitive damages; Remittur; Sufficient evidence to support  a 
finding that excessive force was used during arrest in violation  of 
plaintiff,s civil rights; JNOV; Assault and battery; Whether  attorney,s 
closing remarks were inflammatory and caused verdict  to be influenced by 
passion and prejudice; Hearsay; Adoptive admission  hearsay exception; 
Special verdict individually designating defendants
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? Sudul v. Donnell
		e-Journal  Number:? 10354
		Judge(s):?  Per Curiam ) Hoekstra, Cavanagh, and Gage
		
		The trial court  erred in denying defendants-police officers, motions for 
JNOV regarding  plaintiff-Bernard Sudul,s bystander claim of negligent 
infliction  of emotional distress, but evidence presented at trial on 
plaintiff-Anthony  Sudul,s o 1983 claim was legally sufficient to support a 
jury finding  that the force defendants used during his arrest was 
unreasonable.  Defendants were not entitled to qualified immunity on the o 
1983  claim, but the infliction of emotional distress claim was barred  by 
governmental immunity. The trial court also did not abuse its  discretion in 
determining that defendants were not entitled to a  new trial on either 
Anthony Sudul,s o 1983 claim or his assault  and battery claim. Affirmed in 
part, reversed in part, and remanded  for further consideration of 
defendants, motions for remittur or  new trial on the basis that the jury,s 
damage award was clearly  excessive. 
		
		Full  Text Opinion
		
		
		
		
		
		Contracts 
		
		
		
		
		
		
		
		
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		This summary  also appears under Litigation
		
		Issues:?  Finding that performance of contract was impossible; Posture  of 
the case; Liquidated damages clause; Ruling that plaintiff was  barred from 
further suits by res judicata and collateral  estoppel
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? Rock Constr., Inc. v. Onyebuchi
		e-Journal  Number:? 10386
		Judge(s):?  Per Curiam ) Holbrook, Jr., Hood, and Griffin
		
		While the posture  of the case did not preclude the ruling, the trial court 
erred in  concluding that defendants, failure to secure financing was 
excused  by the defense of impossibility. Defendants, failure to secure 
financing  was reasonably foreseeable, and terms of the parties, contract 
indicated  that they had expressly considered and contemplated that 
possibility.  However, given the equities of the case, the trial court did 
not  err when it granted defendants the right to recover their $13,000  down 
payment despite the terms of the contract,s liquidated damages  clause. 
Plaintiff was granted the right to sell the house, which  had increased in 
value during the period between the contract and  the lawsuit. The trial 
court also incorrectly ruled that plaintiff  was barred from further suit by 
res judicata and collateral  estoppel, because this ruling was premature. 
Affirmed in part and  reversed in part, with defendants being allowed to tax 
costs. 
		
		Full  Text Opinion
		
		
		
		
		
		
		
		Criminal  Law
		
		
		
		
		
		
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		Issues:?  Placement of juvenile offender in the custody of the Family  
Independence Agency (FIA)
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? In re Bonaroti
		e-Journal  Number:? 10456
		Judge(s):?  Memorandum ) Jansen, Zahra, and Owens
		
		Placement of  the juvenile defendant with the FIA was not a 
disproportionately  severe punishment. Following the juvenile,s plea of 
guilty to resisting  and obstructing a police officer and malicious 
destruction of property  over $100, he was warned to attend school and not 
get suspended.  After the juvenile transferred schools to get out of trouble, 
he  was suspended twice within the first month. The juvenile also had  
failing grades and was well below his grade level in reading. The  trial 
court did not abuse its discretion in placing the juvenile  with the FIA. 
Affirmed.
		
		Full  Text Opinion
		
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		Issues:?  Sufficient evidence to support conviction of felonious assault
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? People v. Baskin
		e-Journal  Number:? 10455
		Judge(s):?  Memorandum ) Jansen, Zahra, and Owens
		
		The trial court,s  findings in defendant,s bench trial, resulting in his 
conviction  of felonious assault, were sufficient to support defendant,s 
conviction.  Although the trial court was unable to completely accept the 
testimony  of any of the witnesses, and acquitted defendant on five of the  
six charges against him, it found that defendant struck the victim  in the 
head with a baseball bat. That finding was amply supported  by the evidence, 
which did not clearly weigh in defendant,s favor.  A baseball bat, when used 
to inflict injury, can constitute a dangerous  weapon. Affirmed.
		
		Full  Text Opinion
		
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		Issues:  Entrapment; Prosecutorial misconduct
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: People v. Gilders 
		e-Journal  Number: 10372
		Judge(s):  Per Curiam - Neff, Fitzgerald, and Markey
		
		The trial court  properly found that the undercover officer did nothing but 
offer  defendant the opportunity to commit the crime and defendant was  not 
entrapped by the undercover officer's conduct. Defendant argued  that he only 
wanted to purchase one ounce of cocaine and that the  officer's conduct in 
refusing to deal in any amount less than two  ounces was entrapment. The 
officer put the word out on the street  that he had cocaine for sale but 
would not sell less than two ounces.  Defendant contacted the officer 
numerous times to make a deal. His  problem was not that he did not want two 
ounces but that he could  not afford two ounces at once. After obtaining 
sufficient cash to  complete a two-ounce transaction, the defendant did not 
hesitate  to contact the officer. The evidence did not indicate that the use  
of a two-ounce minimum was intended as a means to enhance possible  
sentences. The conduct of the police was not so outrageous that  it overcame 
the will of defendant. Affirmed.
		
		Full  Text Opinion
		
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		Issues:?  Circuit court jurisdiction; Prosecutor,s charging procedure;  
Amendment of information to reinstate charges; District court refusal  to 
bind over solely on basis it disbelieved the complainant,s testimony  at the 
preliminary examination; Sentencing; Response to challenges  to PSIR
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? People v. Rivera
		e-Journal  Number:? 10365
		Judge(s):?  Per Curiam ) Neff, Fitzgerald, and Markey
		
		Although somewhat  irregular, the prosecutor,s procedures in this matter 
provided the  circuit court with jurisdiction over each of the charged 
crimes.  The circuit court possessed jurisdiction to join the misdemeanor  
assault charge pending before the district court, which was reduced  after 
preliminary examination from a charge of assault with intent  to commit 
murder, with the felony kidnapping charge pending before  the circuit court. 
Defendant identified no authority or rationale  that would deny the circuit 
court jurisdiction over a separately  charged misdemeanor arising from the 
same criminal act or occurrence  as felony charges already pending in the 
circuit court. The circuit  court,s amendment of the information to reinstate 
charges dismissed  by the district court after the preliminary examination 
also did  not constitute unfair surprise. Defendant,s conviction and 
sentence  was affirmed.
		
		Full  Text Opinion
		
		Back  to Quicklinks  
		
		Issues:?  Other acts evidence; Application of the VanderVliet test;  
Ineffective assistance of counsel for failure to challenge competency  of 
seven-year old to testify; Proportionality of sentence of 72  to 180 months, 
imprisonment for CSC III
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? People v. Stoutmiles
		e-Journal  Number:? 10395
		Judge(s):?  Per Curiam ) Collins, Hokestra, and Gage
		
		Evidence of  a previous sexual act that defendant allegedly committed 
against  a seven-year old was properly admitted because it met each prong  of 
the VanderVliet test. The evidence was offered for a proper  purpose, to show 
a scheme or plan by defendant to commit the crime  in his living room despite 
the presence of others. Defendant,s theory  was that the victim was 
fabricating the accusations. The evidence  was relevant because it made 
defendant,s guilt more probable than  it would have been without the 
evidence. Since defendant had previously  committed unlawful sexual acts in 
his crowded living room, it was  not implausible for him to have performed 
similar acts on the complainant  under similar circumstances. The evidence,s 
probative value was  not substantially outweighed by the risk of unfair 
prejudice, and  the trial court gave a limiting instruction. Defendant,s 
conviction  and sentence were affirmed.
		
		Full  Text Opinion
		
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		Issues:?  Withdrawal of guilty plea; Effect of deferral of acceptance  of 
plea pending review of a not yet prepared presentence report;  Fed. R. Crim. 
P. 32(e); A fair and just reason for withdrawal of  plea 
		Court:?  U.S. Court of Appeals Sixth Circuit
		Case  Name:? United States v. Mader
		e-Journal  Number:? 10452
		Judge(s):?  Krupansky, Boggs, and Batchelder
		
		Defendant had  to provide a fair and just reason to support withdrawal of his 
guilty  plea, even though that plea had not yet been accepted by the 
district  court, and he failed to do so. At the plea hearing, the district  
court deferred acceptance of the plea and the plea agreement pending  review 
of a not yet prepared presentence report. Contrary to defendant,s  argument, 
that did not allow him to withdraw the plea without any  justification. 
Defendant,s contention that he had a fair and just  reason to withdraw his 
plea was also unavailing. Defendant knew  at the time of the plea hearing 
that the gun that he ostensibly  sold to the eventual murderer of a police 
officer had jammed at  the scene of that shooting and was not the gun that 
killed the officer.  The only new information in the presentence report was 
the government,s  admission that defendant did not sell that gun directly to 
the murderer.  Denial of defendant,s motion to withdraw his plea was affirmed.
		
		Full  Text Opinion
		
		
		
		
		
		Employment & Labor Law 
		
		
		
		
		
		
		
		
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		This summary  also appears under Civil Rights
		
		Issues:  Racial discrimination; Intentional infliction of emotional distress
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: Anchrum v. Airtouch Cellular
		e-Journal  Number: 10349
		Judge(s):  Per Curiam - Zahra, Smolenski, and Gage
		
		Plaintiff's  claim that she was terminated from employment based on race 
failed  as a matter of law because she did not present evidence suggesting  
that any similarly situated non-African-American employee was treated  
differently for the same or similar conduct. Plaintiff was terminated  
allegedly because she failed to provide documentation of coaching  sessions 
she was required to perform with her direct employees.  Defendant-employer 
claimed plaintiff was unable to confirm the coaching  sessions took place. 
Plaintiff noted that one Caucasian supervisor  was merely written up for 
failing to coach her employees. However,  there was no evidence that any of 
the other supervisors were ever  believed to have falsified coaching reports. 
Further, defendants  met their burden of presenting a legitimate, 
nondiscriminatory reason  for plaintiff's discharge when they asserted that 
she was terminated  because she was believed to have falsified the coaching 
reports  and plaintiff failed to present sufficient evidence to rebut that  
claim. Affirmed. 
		
		Full  Text Opinion
		
		Back  to Quicklinks 
		
		This summary  also appears under Civil Rights
		
		Issues:  The Americans with Disabilities Act (ADA); Whether defendant's  job 
rotation concept violated the ADA; Evidence that plaintiff was  disabled 
within the meaning of the ADA; Whether plaintiff was otherwise  qualified; 
Whether defendant failed to provide reasonable accommodation;  Improper order 
that the jury verdict not be entered
		Court:  U.S. Court of Appeals Sixth Circuit
		Case  Name: Kiphart v. Saturn Corp.
		e-Journal  Number: 10453
		Judge(s):  Collier, Daughtrey, and Gilman
		
		The plaintiff-employee  presented sufficient evidence to support the jury's 
verdict in his  favor because he established that (1) he was substantially 
limited  in his ability to perform manual tasks, (2) the full task rotation  
was not an essential job function and plaintiff was otherwise qualified,  and 
(3) defendant failed to provide reasonable accommodation. Plaintiff  alleged 
that defendant improperly used its concept of job rotation,  under which each 
member of a work team rotated through each of the  jobs assigned to the team, 
to justify its refusal to place him on  any team assigned one or more tasks 
he could not perform in violation  of the ADA. Once the jury determined that 
full task rotation was  not an essential job function, as alleged by 
defendant, and plaintiff  was otherwise qualified, the jury could have 
reasonably determined  that, given the imperfect implementation of the job 
rotation system,  defendant's de facto requirement that only restricted 
employees  be fully functional/fully rotational was unreasonable. The jury  
could have reasonably concluded that the hardship of accommodating  plaintiff 
by allowing him not to perform the one or two team tasks  he could not 
perform would not have unduly burdened defendant. Reversed  and remanded.
		
		Full  Text Opinion
		
		
		
		
		
		Family  Law 
		
		
		
		
		
		
		
		
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		Issues:?  Termination of parental rights under o 19b(3)(g)
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? In re Breon
		e-Journal  Number:? 10401
		Judge(s):?  Per Curiam ) McDonald, Murphy, and Meter
		
		The family  court did not clearly error in terminating respondent-father,s 
parental  rights because several factors demonstrated that, without regard  
to intent, he could not provide proper care for the children and  would not 
be able to do so within a reasonable time. A foster care  worker testified 
that respondent was dismissed from a drug treatment  program because of a 
relapse and an altercation with a worker. The  foster care worker also 
testified that respondent (1) failed to  complete the aftercare portion of 
another drug treatment program,  (2) failed to provide documentation 
regarding parenting classes,  and (3) had inadequate housing. Respondent 
admitted that he had  inadequate housing and failed to provide documentation 
of compliance  with his treatment plan. Affirmed.
		
		Full  Text Opinion
		
		
		
		
		
		Litigation 
		
		
		
		
		
		
		
		
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		Issues:?  Res judicata
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? Creer v. Hills
		e-Journal  Number:? 10457
		Judge(s):?  Memorandum ) McDonald, Smolenski, and Kelly
		
		The trial court  properly found that plaintiff attempted to split his cause 
of action  to avoid the effect of an arbitration order entered in an earlier  
case and that this suit was barred by the doctrine of res judicata.  Both 
actions were based on the same occurrence, and since the defendant  in this 
action was president of the defendant-corporation in the  prior action, the 
defendants were essentially the same. This action  did not allege a new basis 
for liability, and the claim against  the builder,s trust fund implicated the 
corporation,s liability,  not the individual,s. Affirmed.
		
		Full  Text Opinion
		
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		This summary  also appears under Contracts
		
		Issues:?  Finding that performance of contract was impossible; Posture  of 
the case; Liquidated damages clause; Ruling that plaintiff was  barred from 
further suits by res judicata and collateral  estoppel
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name:? Rock Constr., Inc. v. Onyebuchi
		e-Journal  Number:? 10386
		Judge(s):?  Per Curiam ) Holbrook, Jr., Hood, and Griffin
		
		While the posture  of the case did not preclude the ruling, the trial court 
erred in  concluding that defendants, failure to secure financing was 
excused  by the defense of impossibility. Defendants, failure to secure 
financing  was reasonably foreseeable, and terms of the parties, contract 
indicated  that they had expressly considered and contemplated that 
possibility.  However, given the equities of the case, the trial court did 
not  err when it granted defendants the right to recover their $13,000  down 
payment despite the terms of the contract,s liquidated damages  clause. 
Plaintiff was granted the right to sell the house, which  had increased in 
value during the period between the contract and  the lawsuit. The trial 
court also incorrectly ruled that plaintiff  was barred from further suit by 
res judicata and collateral  estoppel, because this ruling was premature. 
Affirmed in part and  reversed in part, with defendants being allowed to tax 
costs. 
		
		Full  Text Opinion
		
		
		
		
		
		
		
		Negligence & Intentional Tort
		
		
		
		
		
		
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		This summary  also appears under Civil Rights
		
		Issues:?  Bystander claim of infliction of emotional distress; Qualified  
immunity; Punitive damages; Remittur; Sufficient evidence to support  a 
finding that excessive force was used during arrest in violation  of 
plaintiff,s civil rights; JNOV; Assault and battery; Whether  attorney,s 
closing remarks were inflammatory and caused verdict  to be influenced by 
passion and prejudice; Hearsay; Adoptive admission  hearsay exception; 
Special verdict individually designating defendants
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? Sudul v. Donnell
		e-Journal  Number:? 10354
		Judge(s):?  Per Curiam ) Hoekstra, Cavanagh, and Gage
		
		The trial court  erred in denying defendants-police officers, motions for 
JNOV regarding  plaintiff-Bernard Sudul,s bystander claim of negligent 
infliction  of emotional distress, but evidence presented at trial on 
plaintiff-Anthony  Sudul,s o 1983 claim was legally sufficient to support a 
jury finding  that the force defendants used during his arrest was 
unreasonable.  Defendants were not entitled to qualified immunity on the o 
1983  claim, but the infliction of emotional distress claim was barred  by 
governmental immunity. The trial court also did not abuse its  discretion in 
determining that defendants were not entitled to a  new trial on either 
Anthony Sudul,s o 1983 claim or his assault  and battery claim. Affirmed in 
part, reversed in part, and remanded  for further consideration of 
defendants, motions for remittur or  new trial on the basis that the jury,s 
damage award was clearly  excessive. 
		
		Full  Text Opinion
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		fields  of practice listings
		
		
		
		
		
		ADR/Arbitration/Mediation
		
		
		
		
		
		
		ASHER N.  TILCHIN, a  member of the American College of Civil Trial Mediators 
and Michigan  Arbitration and Mediation Association provides mediation for 
pre,  early, and matured lawsuits. He has been a successful mediator since  
1991. Tilchin also provides arbitration services as a single or  multi-panel 
arbitrator. Cases involving construction, real estate,  commercial 
transactions, and legal malpractice invited. Asher N.  Tilchin, 31731 
Northwestern Hwy., Suite 106, Farmington Hills, MI  48334, (248)855-0995 or 
Fax (248) 855-0850, e-mail antilchin@aol.com
		
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		Administrative  Law
		
		
		
		
		
		
		JAMES R. VIVENTI, James R Viventi PLLC, 3670 Powderhorn  Drive, Okemos, MI 
48864-5924, Phone: (517) 381-0670, FAX: (517)  381-0671. 
		
		Back to Quicklinks  
		
		
		
		
		
		
		
		Adoption
		
		
		
		
		
		
		MONICA FARRIS LINKNER, Sommers, Schwartz, Silver & Schwartz,  PC, 2000 Town 
Center, Suite 900, Southfield, MI 48075-1100, Phone:  (248) 746-4011, FAX: 
(248) 936-1976, e-mail: mlinkner@s4online.com.  
		
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		Alternative  Dispute Resolution
		
		
		
		
		
		
		DONNA CRAIG, Donna Craig & Associates PLC, 999 Haynes Street,  Suite 245, 
Birmingham, MI 48009, Phone: (248) 682-7750, FAX: (248)  682-2376, e-mail: 
craigassoc@earthlink.net.  Visit www.adr-resource.com
		
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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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		Elections
		
		
		
		
		
		
		Paid Advertisement  
		GREG ULRICH  for STATE BAR COMMISSIONER: WAYNE COUNTY-Vote  June 1st for 
three term past State Bar Commissioner and Representative  Assembly 
Chairperson, GREG ULRICH, with 27 years of bar leadership,  including the ABA 
House of Delegates. Partner with Livonia-based  Cummings, McClorey, Davis & 
Acho, PLC. 
		
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		Expert  Witness-Building
		
		
		
		
		
		
		EXPERT WITNESS  services  for construction issues. Our cases include issues 
of faulty construction,  failure to disclose, personal injury and ADA. Mr. 
Tyson is a member  of many model code organizations including BOCA, ICBO, 
NFPA and  ASTM. Our attorney clients represent plaintiffs and defendants.  
Rendering independent and unbiased opinions. Ortonville, MI. Phone  (248) 
627-6859.
		
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		RESIDENTIAL  CONSTRUCTION--ABR  Construction Company, Inc. offering expertise 
in all phases of residential  construction related to workmanship, cost, 
time, structural analysis,  civil analysis, and other related problems. 
Contact Jack W. Belkin  member BOCA, ASHI, Bldg. Spec. Inc. licensed builder 
and real estate  broker. (248) 443-4063, cell (248) 867-5042 and fax (248) 
443-4065,  e-mail jwbelkin@mich.com    
		
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		Expert  Witness-Economics Consulting
		
		
		
		
		
		
		ECONOMIC LOSS CALCULATION and litigation support in personal  injury, 
wrongful death and wrongful discharge cases. Over 25 years  experience 
including Chief Economist for the Michigan Department  of Commerce. John F. 
Hanieski, Ph.D., Economics Consulting Services,  LLC, 8583 W. Eaton Hwy., 
Grand Ledge, MI 48837. (517) 627-6968.  E-mail: hanieski.john@acd.net  
website: http://userdata.acd.net/hanieski.john
		
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		Expert  Witness-Forensic & Environmental Geologist
		
		
		
		
		
		
		FORENSIC  and ENVIRONMENTAL GEOLOGIST*Certified Professional Geologist;  29 
years investigating soil and water issues for government and  private 
sectors; deposition and trial experience applicable to cases  involving 
insurance claims, construction accidents, environmental  contamination, 
wetlands, property transactions, malpractice, murder,  rape, etc. For more 
information, contact Robert A. Hayes, (517)  655-8348, or 
www.geoforensics.com
		
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		Expert  Witness-Legal Malpractice
		
		
		
		
		
		
		LEGAL MALPRACTICE-EXPERT  EVALUATION, pre-  and post-litigation analysis, 
written opinions, deposition and trial  testimony in plaintiff originated or 
defendant defended legal malpractice  cases that involve Real Estate and 
Commercial Transactions and Civil  Litigation. 18 years' experience as legal 
malpractice expert. Asher  N. Tilchin, Tilchin, Hall & Reynolds P.C., 31731 
Northwestern  Hwy., Suite 106, Farmington Hills, MI 48334. (248) 855-0995, 
fax  (248) 855-0850. E-mail antilchin@aol.com
		
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		Lawsuit  Financials
		
		
		
		
		
		
		DO MONEY  PROBLEMS caused  by disability force some of your clients to settle 
strong, valuable  cases for pennies on the dollar? A Lawsuit Financial, 
L.L.C. contingent  advance allows you time to obtain the maximum dollar 
possible for  your client's case. Lawsuit Financial, L.L.C., 29777 Telegraph 
Road,  Suite 1310, Southfield, MI 48034. Call (248) 948-1800 or (877) 
377-SUIT.
		
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		Legal  Research
		
		
		
		
		
		
		OPEN online  offers instant and cost effective access to public records. 
Select  from many sources of criminal data, verify social security numbers,  
confirm driving records, find addresses, UCC and incorporation filings,  real 
property records, bankruptcies, liens and judgments. For information  call 
800-935-OPEN (6736), email info@openonline.com,  or visit www.openonline.com
		
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		Office  Space Available
		
		
		
		
		
		
		BLOOMFIELD  HILLS OFFICE SPACE--Great location on Woodward Avenue just north  
of Opdyke. 2,864 square feet. Reasonable rates. For more information,  
contact Steve McCollum at 248.205.2767. 
		
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		Positions  Available
		
		
		
		
		
		
		APPELLATE  PRACTICE-Large Detroit litigation firm seeking associate  to join 
appellate group in handling appeals and complex motions  in the trial courts. 
The firm has a diverse practice, including  defense of medical malpractice, 
product liability and employment  claims, as well as commercial and probate 
litigation. Excellent  writing and research skills necessary. One to three 
years litigation  or clerking experience preferred. EOE Send resume to P.O. 
Box 43158,  Detroit, MI 48243.
		
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		DAWDA, MANN, MULCAHY & SADLER a full-service Bloomfield Hills  firm, with 25 
attorneys and a national client base, is seeking a real  estate/corporate 
transactional attorney. Qualified candidates must  have 3-5 years experience 
with strong academic credentials. Send resume  and references to Director of 
Administration, 39533 Woodward Avenue,  Suite 200, Bloomfield Hills, MI 
48304.  
		
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		 DAWDA, MANN, MULCAHY & SADLER a full-service Bloomfield Hills  firm, with 25 
attorneys and a national client base, is seeking a real  estate/corporate 
transactional paralegal. Qualified candidates must  have 3-5 years experience 
with strong academic credentials. Send resume  and references to Director of 
Administration, 39533 Woodward Avenue,  Suite 200, Bloomfield Hills, MI 
48304.  
		
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		ESTABLISHED  MID-SIZED AV Rated Bloomfield Hills litigation firm 
representing  businesses and insurance companies, seeks attorney with 0-3 
years  experience. Litigation experience helpful. Please direct resumes to  
Linda Pillsworth via e-mail: lpillsworth@kallashenk.com or, Facsimile:  (248) 
335-9889, or via regular mail: 43902 Woodward Avenue, Suite  200, Bloomfield 
Hills, MI 48302. NO TELEPHONE CALLS PLEASE.  
		
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		IMMEDIATE OPENING--Lague,  Newman & Irish is seeking an associate with 1 - 2 
years experience.  Candidates must have strong academic credentials and 
excellent writing  abilities. Send cover letter, resume, and transcripts to 
Eric Gielow,  Lague, Newman & Irish, P.O. Box 389, Muskegon, MI 49443 (or 
ergielow@lnilaw.com).    
		
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		SENIOR COUNSEL*Responsibilities  of this person are to provide advice to 
various departments. Draft,  review and negotiate agreements, debt 
instruments, and guaranties  for domestic and international business units. 
Review all advertising  for compliance with FTC regulations, trademark usage 
and adherence  to corporate policies. Defend employment related legal actions 
and  review and advise on hiring practices and procedures. Minimum 
qualifications  are seven years experience from a law firm and/or a major 
corporation  with relevant practice experience. Plus strong background with 
employment  law. J.D. from a accredited law school, admitted to practice law 
in  Michigan or other U.S. jurisdiction. Please send resume to 
Ashleys@dominos.com  or fax to 734-930-4350. Salary is 110K.Legal Department, 
Domino's  Pizza, 30 Frank Lloyd Wright Drive, Ann Arbor, MI 48106.   
		
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		UNIVERSITY  OF MICHIGAN-The  Office of the Vice President and General Counsel 
of the University  of Michigan is seeking exceptionally qualified applicants 
for an attorney  who will take primary responsibility for coordinating the 
University's  litigation in the medical malpractice area. The successful 
candidate  will engage and supervise outside counsel in medical malpractice 
and  will provide advice and representation in other areas of health care  
law. This position will work closely with the senior leadership of  the 
University Health System, including the Chief of Staff for Clinical  Affairs 
and the Director of the Medical Center Risk Management Office,  other 
attorneys in the Office of the Vice President and General Counsel,  and with 
individual members of the medical staff. The successful candidate  will draft 
and review policies; serve on University committees; conduct  educational 
programs on legal topics for the University community,  and carry out other 
duties as assigned. Experience providing legal  services for a university 
affiliated, or similar, health care system  is desired. A law degree from an 
NALS accredited law school, membership  or eligibility for membership in the 
State Bar of Michigan, at least  five years litigation experience with an 
emphasis on medical malpractice,  reasonable experience in health care law 
are required. Applications  will be accepted until the position is filled, 
but applications should  be submitted promptly to ensure full consideration. 
To apply, please  send a cover letter and resume to: Office of the Vice 
President and  General Counsel, Attention: MED MAL, 4010 Fleming 
Administration Building,  Ann Arbor, Michigan 48109-1340. The University of 
Michigan is an equal  opportunity, affirmative action employer.   
		
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		Services
		
		
		
		
		
		
		SOUTH FLORIDA  ATTORNEY available for consultations, all legal and business  
matters, referrals, or local counsel, litigation and estates. Contact  Mark 
M. Berkley, 385-C West 49th Street, Hialeah (Miami) Florida  33012, telephone 
305.556.2626. Member of the State Bar of Michigan  for 25 years and the 
Florida Bar for 14 years.
		
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		Typing  Services
		
		
		
		
		
		
		IS YOUR  WORK LOAD OVERWHELMED? Do you have employees on vacation, sick  
leave or disability? Do you need legal briefs, motions or complaints  filed 
today? I CAN HELP!!! Fast and dependable. SPEEDY FINGERS AT  YOUR SERVICE! 
Visit my web page at www.gnrtyping.com  for more information, call 
734-416-9464; Fax: 734-416-9434; or e-mail:  geri@gnrtyping.com 24 hours 7 
days  a week. 
		
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		archived  e-Journals 
		
		
		
		
		
		
		Case  Summary Cumulative Index
		
		Tuesday, May  29 e-Journal
		
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		For information  on classified advertising, contact Stacy Sage
		
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