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		State Bar of Michigan e-Journal for Thursday, December 14, 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: 
		
		Administrative Law 
		Constitutional Law 
		Contracts 
		Family Law 
		Insurance 
		Litigation 
		Malpractice 
		Negligence & Intentional Tort 
		Real Property 
		
		Special Notes: Due to adverse weather conditions, there was no e-Journal for 
Wednesday, December 13, 2000. ? Today's e-Journal contains summaries of three 
Court of Appeals published opinions and one Supreme Court Order in the 
following practice areas: Administrative Law, Constitutional Law, Insurance, 
Litigation, and Malpractice. 
		?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: 
		
		Amendments of Rule 3.218 of the Michigan Court Rules 
		Proposed Amendment of Rule 1.201 of the Michigan Court Rules 
		Proposed Amendment of Rule 6.502 of the Michigan Court Rules 
		NOTICE: 
		The January 20 meeting of the Representative Assembly has been rescheduled to 
February 10, 2000. The meeting will be held at the Marriott in East Lansing 
at 10 a.m. 
		Janet Welch to Serve as State Bar General Counsel 
		Law Firm Makes $25,000 Corporate Donation to Access to Justice Fund 
		Erwin Ellmann to Receive Distinguished Service Award from State Bar Labor and 
Employment Law Section 
		
		
		?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 
		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: 
		
		
		Marcia M. Beach 
		Lawrence G. Campbell, James N. Candler Jr., Edgar C. Howbert, Joseph C. 
Marshall III, John E.S. Scott 
		David C. Coey, Joseph A. Fink, Peter S. Sheldon 
		Stephen E. Dawson, Henry M. Grix, Hanley Gurwin, Patrick J. Ledwidge, Larry 
Stringer 
		John P. Jacobs 
		Deborah L. Rubin 
		Stefan J. Scholl 
		Brian D. Sheridan 
		Alan H. Silverman 
		
		
		barevents?
		
		See today's Bar Events section for news about upcoming programs and 
activities:
		
		
		Presentation/Discussion MRPC 8.2/Attorney Criticism of Judiciary 
		Taking and Defending Depositions 
		2000 ADA & FMLA Update 
		Seminar on ADR in Courts 
		License Renewal & Appeal Issues (video replay) 
		WBA Holiday Party & Charity Benefit 
		Homeward Bound: Trust & Estate Issues in Real Estate 
		Recent Tax, Pension & Valuation Developments Seminar 
		Preparing Your Client for the New Mediation Rules 
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		case summaries
		
		
		Administrative Law
		
		
		
		Back to Quicklinks
		
		This summary also appears under Constitutional Law
		
		Issues: Whether the Attorney General's dual representation as the party 
appellant and as counsel for appellee-PSC constituted an impermissible 
conflict of interest; Mootness; Standing; Conflict wall; Michigan Rules of 
Professional Conduct
		Court: Michigan Court of Appeals (Published)
		Case Name: Attorney Gen. v. PSC
		e-Journal Number: 8713
		Judge(s): Griffin and Talbot; Dissent - Meter
		
		A conflict of interest arises when the Attorney General intervenes as a party 
in opposition to a state agency that she represents as counsel. Therefore in 
this case, the Attorney General's dual role as both the party appellant and 
as counsel for appellee-PSC constituted an impermissible conflict of 
interest, and the Attorney General was not exempt from the conflict of 
interest rules by virtue of her statutory powers. The court acknowledged the 
unique status of the Attorney General as a constitutional officer of the 
state and her concomitant statutory authority to represent the state as its 
chief legal counsel, although the Attorney General is not immune from the 
rules of professional conduct. In this case, the court directed the Attorney 
General to file either a stipulation for substitution of counsel for the PSC 
or a consent of the client for continuation of counsel after consultation 
regarding the conflict of interest within 21 days to remedy the conflict or 
the appeal would be dismissed.
		
		Full Text Opinion
		
		
		
		
		Constitutional Law
		
		
		
		Back to Quicklinks
		
		This summary also appears under Administrative Law
		
		Issues: Whether the Attorney General's dual representation as the party 
appellant and as counsel for appellee-PSC constituted an impermissible 
conflict of interest; Mootness; Standing; Conflict wall; Michigan Rules of 
Professional Conduct
		Court: Michigan Court of Appeals (Published)
		Case Name: Attorney Gen. v. PSC
		e-Journal Number: 8713
		Judge(s): Griffin and Talbot; Dissent - Meter
		
		A conflict of interest arises when the Attorney General intervenes as a party 
in opposition to a state agency that she represents as counsel. Therefore in 
this case, the Attorney General's dual role as both the party appellant and 
as counsel for appellee-PSC constituted an impermissible conflict of 
interest, and the Attorney General was not exempt from the conflict of 
interest rules by virtue of her statutory powers. The court acknowledged the 
unique status of the Attorney General as a constitutional officer of the 
state and her concomitant statutory authority to represent the state as its 
chief legal counsel, although the Attorney General is not immune from the 
rules of professional conduct. In this case, the court directed the Attorney 
General to file either a stipulation for substitution of counsel for the PSC 
or a consent of the client for continuation of counsel after consultation 
regarding the conflict of interest within 21 days to remedy the conflict or 
the appeal would be dismissed.
		
		Full Text Opinion
		
		
		
		
		Contracts
		
		
		
		Back to Quicklinks
		
		This summary also appears under Real Property
		
		Issues: Breach of contract; Option to purchase real property conditioned upon 
acquisition of governmental approval and permits for development; Whether 
purchasers could unilaterally waive conditions in option agreement; 
Applicability of Brotman v. Roelofs
		Court: Michigan Court of Appeals (Unpublished)
		Case Name: Vidican v. Wright
		e-Journal Number: 8667
		Judge(s): Per Curiam - Zahra, Hood, and McDonald
		
		Plaintiffs could not unilaterally waive the conditions in the parties' 
contract granting plaintiffs an option to purchase a subdivision from 
defendants, because the conditions requiring receipt of all necessary 
governmental approvals and permits for development inured to the benefit of 
all parties. This case was distinguishable from Brotman v. Roelofs because 
here, defendants could only receive payment if plaintiffs were successful in 
disposing of the individual subdivision lots, and the governmental permits 
were a necessary precondition to the sale of any lots in the eventual 
subdivision and therefore, any payment to defendants. Where, as here, all 
parties benefited from the conditions and there was a continuing relationship 
after transfer, Brotman was inapplicable. Summary disposition for defendants 
was affirmed because under the clear and unambiguous conditions of the 
parties' contract, failure to satisfy the conditions caused the option to 
expire. Affirmed.
		
		Full Text Opinion
		
		
		
		
		Family Law
		
		
		
		Back to Quicklinks
		
		Issues: Termination of parental rights
		Court: Michigan Court of Appeals (Unpublished)
		Case Name: In re Shirley
		e-Journal Number: 8672
		Judge(s): Per Curiam - Cavanagh, Talbot, and Meter
		
		The family court properly terminated respondent-mother's parental rights and 
its findings on the statutory factors were not clearly erroneous. The family 
court found that respondent failed to show sufficient consistency with her 
children, she had made insufficient progress with her problems, the children 
had serious problems that needed to be addressed, and respondent often missed 
or was late for visitations with the children. The family court also found 
that because respondent showed little intention of complying with the agency 
agreement, termination of respondent's rights was not contrary to the 
children's best interest. Affirmed.
		
		Full Text Opinion
		
		
		
		
		Insurance
		
		
		
		Back to Quicklinks
		
		Issues: Uninsured motorist coverage; Whether plaintiff's claim for uninsured 
motorist benefits was barred by the "other owned vehicle" exclusion in the 
policy; Whether the term "motor vehicle" in the "other owned vehicle" 
exclusion in the policy included motorcycles
		Court: Michigan Supreme Court
		Case Name: Wert v. Citizens Ins. Co. of Am.
		e-Journal Number: 8708
		Judge(s): Weaver, Taylor, Corrigan, Young, Jr., and Markman; Voting to grant 
leave to appeal - Cavanagh and Kelly
		
		In lieu of granting leave to appeal, the court reversed the judgment of the 
Court of Appeals in this case (see e-Journal # 7193, in the 5/31/00 edition 
and the July 2000 Michigan Bar Journal Green Sheets edition) for the reasons 
stated by the dissenting judge, and remanded the case to the circuit court 
for further proceedings.
		
		Full Text Opinion
		
		
		
		
		Litigation
		
		
		
		Back to Quicklinks
		
		Issues: Attorney misconduct; Offer of judgment sanctions; "Interest of 
justice" exception; "Unusual circumstances"; Admission of expert testimony; 
Qualifications of expert; Whether expert's method had gained general 
acceptance; Harmless error; Admission of testimony that defendant's staff was 
unaware of any previous falls in defendant's parking lot; Cumulative error
		Court: Michigan Court of Appeals (Published)
		Case Name: Stitt v. Holland Abundant Life Fellowship
		e-Journal Number: 8712
		Judge(s): Per Curiam - Hoekstra, Griffin, and Bandstra
		
		Defense counsel's repeated attempts to introduce evidence relating to the 
illumination of plaintiffs' counsel's parking lot, despite the trial court's 
having ruled the evidence inadmissible, did not warrant reversal of the trial 
court judgment of no cause of action. Although plaintiffs objected to each of 
the instances complained of on appeal, all but one of those objections was 
sustained and no further relief was requested. The court could not conclude 
that questions of counsel which were not answered constituted misconduct 
requiring reversal when plaintiffs neither requested that the jury be 
instructed that questions of counsel were not evidence, nor requested a 
mistrial. However, the award of offer of judgment sanctions against 
plaintiffs was reversed under the "interest of justice" exception. "Unusual 
circumstances" existed in this case, (1) because of the unsettled nature of 
the law, which was changed or clarified during the course of appeals in this 
case and (2) the gamesmanship that occurred by the offer of judgment 
defendant made after the mediation evaluation. Defendant rejected a $160,000 
mediation evaluation, then made an offer of judgment of $25,000. Affirmed in 
part and reversed in part.
		
		Full Text Opinion
		
		
		
		
		Malpractice
		
		
		
		Back to Quicklinks
		
		Issues: Medical malpractice; Whether the trial court erred in refusing to 
default the defendant or prevent him from presenting a defense based on the 
failure to follow the requirement of o 2912e that a defendant shall file an 
affidavit of meritorious defense; Whether the defendant's failure to file an 
affidavit of meritorious defense deprived the trial court of subject matter 
jurisdiction
		Court: Michigan Court of Appeals (Published)
		Case Name: Wilhelm v. Mustafa
		e-Journal Number: 8711
		Judge(s): Collins, Jansen, and Zahra
		
		Defendant's failure to timely file an affidavit of meritorious defense did 
not deprive the trial court of subject matter jurisdiction and the trial 
court did not abuse its discretion by denying plaintiff's motion seeking to 
sanction the defendant by entering a default or by precluding the defendant 
from presenting a defense. Although the requirement that a defendant file an 
affidavit of meritorious defense is mandatory, the statute does not indicate 
that default is the mandatory, or even appropriate, remedy where a defendant 
fails to file the affidavit. Plaintiff did not raise the issue of the 
defendant's failure to file the affidavit until the first day of trial. The 
trial court could have sanctioned both parties--defendant for not filing the 
affidavit of meritorious defense in a timely manner, and plaintiff for not 
including her procedural defense in the final pretrial order. A court's 
subject matter jurisdiction is determined only by reference to the 
allegations in the complaint. It was apparent from the allegations in 
plaintiff's complaint that the negligence alleged was within the class of 
cases with regard to which a circuit court is empowered to act. The trial 
court had jurisdiction, and the defendant's failure to timely file his 
affidavit did not affect the trial court's power to hear the case. The jury's 
verdict of no cause of action was affirmed.
		
		Full Text Opinion
		
		
		
		
		Negligence & Intentional Tort
		
		
		
		Back to Quicklinks
		
		Issues: Premises liability; Slip and fall on an oily substance in a parking 
lot; Failure to present evidence from which it may be inferred that defendant 
or defendant's employees either created or knew of the oily substance in its 
parking lot; McCune v. Meijer
		Court: Michigan Court of Appeals (Unpublished)
		Case Name: Leske v. Warren Dental Assocs., P.C.
		e-Journal Number: 8668
		Judge(s): Per Curiam - Zahra, Hood, and McDonald
		
		Summary disposition in favor of defendant-property owner was proper in this 
premises liability case, because the evidence indicated that the oil spot 
plaintiff slipped and fell on was of the nature of a condition commonly found 
in ordinary parking lots. Opting to allow it to naturally absorb into the 
asphalt was not an unreasonable response. Defendant did not, by unreasonable 
action or inaction, create a dangerous condition in the parking lot. To 
withstand defendant's motion for summary disposition, plaintiff had to 
establish that defendant had notice of the condition, but plaintiff presented 
no direct evidence indicating how or when the oil was spilled onto the 
parking lot. The only evidence plaintiff offered to show that defendant knew 
or should have known of the oil spot was her testimony that the oil was black 
and had spread to a diameter of two and a half feet. This was not sufficient 
evidence from which one could infer that defendant had notice of the oil 
spill. Affirmed.
		
		Full Text Opinion
		
		
		
		
		Real Property
		
		
		
		Back to Quicklinks
		
		This summary also appears under Contracts
		
		Issues: Breach of contract; Option to purchase real property conditioned upon 
acquisition of governmental approval and permits for development; Whether 
purchasers could unilaterally waive conditions in option agreement; 
Applicability of Brotman v. Roelofs
		Court: Michigan Court of Appeals (Unpublished)
		Case Name: Vidican v. Wright
		e-Journal Number: 8667
		Judge(s): Per Curiam - Zahra, Hood, and McDonald
		
		Plaintiffs could not unilaterally waive the conditions in the parties' 
contract granting plaintiffs an option to purchase a subdivision from 
defendants, because the conditions requiring receipt of all necessary 
governmental approvals and permits for development inured to the benefit of 
all parties. This case was distinguishable from Brotman v. Roelofs because 
here, defendants could only receive payment if plaintiffs were successful in 
disposing of the individual subdivision lots, and the governmental permits 
were a necessary precondition to the sale of any lots in the eventual 
subdivision and therefore, any payment to defendants. Where, as here, all 
parties benefited from the conditions and there was a continuing relationship 
after transfer, Brotman was inapplicable. Summary disposition for defendants 
was affirmed because under the clear and unambiguous conditions of the 
parties' contract, failure to satisfy the conditions caused the option to 
expire. Affirmed.
		
		Full Text Opinion
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		fields of practice listings
		
		
		ADR/Arbitration/Mediation
		
		
		
		ASHER N. TILCHIN, a member of the American College of Civil Trial Mediators 
and Michigan Arbitration and Mediation Association provides mediation for 
pre, early, and matured lawsuits. He has been a successful mediator since 
1991. Tilchin also provides arbitration services as a single or multi-panel 
arbitrator. Cases involving construction, real estate, commercial 
transactions, and legal malpractice invited. Asher N. Tilchin, 31731 
Northwestern Hwy., Suite 106, Farmington Hills, MI 48334, (248)855-0995 or 
Fax (248) 855-0850, e-mail antilchin@aol.com
		
		Back to Quicklinks
		
		
		
		
		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.
		
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		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 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
		
		Back to Quicklinks
		
		
		
		
		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.
		
		Back to Quicklinks
		
		
		
		
		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.
		
		Back to Quicklinks
		
		
		
		
		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.
		
		Back to Quicklinks
		
		To receive information on how to place a Fields of Practice listing, contact 
Stacy Sage
		
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		classified advertising
		
		
		Confidential Records Destruction
		
		
		
		SHRED-IT. Confidentiality, Privacy and Document Security are vital in today's 
environment. SHRED-IT provides solutions for secure destruction of 
confidential, sensitive and proprietary information, utilizing a unique, 
mobile, ON-SITE document destruction system. Call 1-800-69-SHRED or 
1-800-697-4733. E-mail Eastern Michigan; e-mail Out state Michigan or visit 
our website
		
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		Expert Witness-Building
		
		
		
		EXPERT WITNESS services for construction issues. Our cases include issues of 
faulty construction, failure to disclose, personal injury and ADA. Mr. Tyson 
is a member of many model code organizations including BOCA, ICBO, NFPA and 
ASTM. Our attorney clients represent plaintiffs and defendants. Rendering 
independent and unbiased opinions. Ortonville, MI. Phone (248) 627-6859.
		
		Back to Quicklinks
		
		RESIDENTIAL CONSTRUCTION--ABR Construction Consultants in conjunction with AR 
Decker & Associates, Inc., civil and structural engineers 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 of BOCA, Bldg. Specs., Inc., licensed builder and real 
estate broker (248) 443-4063, cell (248) 867-5042, e-mail jwbelkin@Mich.com 
		
		Back to Quicklinks
		
		
		
		
		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
		
		Back to Quicklinks
		
		
		
		
		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
		
		
		
		DO THE MATH! If your client accepts a $50,000 offer on his $100,000 case 
because he can't meet his obligations while waiting for his case to resolve 
at full value, his decision will cost him over $33,000. That same decision 
will cost you almost $17,000. 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
		
		
		
		AV-RATED BLOOMFIELD HILLS law firm is seeking an attorney with two to five 
years of real estate and corporate transactional experience. Must have 
graduated top one third of class. Salary commensurate with qualifications. 
Please submit resume, transcript and references to LER, Dawda, Mann, Mulcahy 
& Sadler, PLC, 39533 Woodward Avenue, Suite 200, Bloomfield Hills, MI 48304.
		
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		ESTATE PLANNING ATTORNEY--Rehmann Robson CPA's and Consultants is seeking an 
attorney for our Grand Rapids location for its growing estate and business 
succession planning department. A minimum of 2-3 years in the technical 
aspects of tax and estate planning is a must! LLM and top 1/3 of class 
preferred. Send resume to: HR #SBM; 2510 Lake Lansing Rd.; Lansing, MI 48912. 
Fax (517) 372-2770. www.rehmannrobson.com
		
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		To receive information on how to place a classified advertisement, contact 
Stacy Sage
		
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		News & Moves
		
		
		
		Marcia M. Beach has moved her office to 605 W. Michigan Avenue, Jackson 
49201; phone (517) 784-4865; fax (517) 784-7229. Ms. Beach concentrates in 
family law matters.
		
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		News & Moves
		
		
		
		The 2001-2002 edition of The Best Lawyers in America includes five lawyers 
from the Detroit office of Dickinson Wright P.L.L.C.: Lawrence G. Campbell 
for business litigation; James N. Candler Jr. for real estate law; Edgar C. 
Howbert for bankruptcy law; Joseph C. Marshall III for labor and employment 
law; and John E.S. Scott for business and personal injury/civil litigation.
		
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		News & Moves
		
		
		
		The 2001-2002 edition of The Best Lawyers in America includes three lawyers 
from the Lansing office of Dickinson Wright P.L.L.C.: David C. Coey for 
business and personal injury/civil litigation; Joseph A. Fink for business 
litigation; and Peter S. Sheldon for corporate and tax law.
		
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		News & Moves
		
		
		
		The 2001-2002 edition of The Best Lawyers in America includes five lawyers 
from the Bloomfield Hills office of Dickinson Wright P.L.L.C.: Stephen E. 
Dawson for real estate law; Henry M. Grix for trusts and estates; Hanley 
Gurwin for family law; Patrick J. Ledwidge for banking and corporate law; and 
Larry Stringer for immigration law.
		
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		News & Moves
		
		
		
		John P. Jacobs has been selected by Best Lawyers in America for inclusion in 
its 2001-2002 edition. Mr. Jacobs' practice is limited to appellate work and 
is Fellow of the American Academy of Appellate Lawyers.
		
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		News & Moves
		
		
		
		Deborah L. Rubin has joined the Corporate Law Department of State Farm 
Insurance Companies as Assistant Counsel. Her new address is One State Farm 
Plaza, A-3, Bloomington, IL 61710.
		
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		News & Moves
		
		
		
		Stefan J. Scholl was recently elected to the Emmet County Board of 
Commissioners. Mr. Scholl is a general practioner in Petoskey.
		
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		News & Moves
		
		
		
		Brian D. Sheridan has been appointed by Governor Engler to the Advisory 
Council on Deafness for a term expiring in January, 2003. Sheridan is a 
partner in Steward & Sheridan, P.L.C. of Ishpeming and is a cochlear implant 
user.
		
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		News & Moves
		
		
		
		Alan H. Silverman, managing director of Silverman, Smith, Bingen & Rice, 
Kalamazoo, has been elected President of the Board of Trustees of the 
Michigan Maritime Museum of South Haven.
		
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		bar events
		
		
		Presentation/Discussion MRPC 8.2/Attorney Criticism of Judiciary
		
		
		
		Sponsor: Oakland County Bar Association Professionalism Committee led by 
Lawrence Dubin, Professor of Law at University of Detroit School of Law
		Date: Thursday, December 14, from 11:45 a.m. to 1 p.m.
		Location: Oakland County Bar Association, 1760 South Telegraph Road, Suite 
100, Bloomfield Hills 
		Pricing Information: Free
		Contact: Advance reservations encouraged but not required. Bring your own 
lunch or order lunch through OCBA by calling James Riashi 48 hours in advance 
at (248) 334-3400.
		
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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 www.nita.org
		
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		2000 ADA & FMLA Update
		
		
		
		Sponsor: Institute of Continuing Legal Education (ICLE) and the Labor & 
Employment Law Section
		Date: Friday, December 15
		Location: MSU Management Education Center, Troy
		Contact: ICLE 
		
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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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		License Renewal & Appeal Issues (video replay)
		
		
		
		Sponsor: Macomb County Bar Association Criminal Law Committee
		Date: Monday, December 18, noon to 2 p.m. Check-in at 11:30 a.m.
		Location: Macomb County Circuit Court Building, 5th Floor Jury Room
		Pricing Information: $25 members; $40 non-members; $15 legal assistants/law 
students
		Contact: Register by Friday, December 15, by calling the MCBA at (810) 
468-2940. Lunch is provided to those who pre-register by December 15. A $5 
surcharge will be added for those who do not pre-register.
		
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		WBA Holiday Party & Charity Benefit
		
		
		
		Sponsor: The Women's Bar Association of Oakland County (WBA)
		Date: Monday, December 18, from 6 p.m. to 8:30 p.m.
		Location: The Fox & Hounds Restaurant, 1560 Woodward Avenue, Bloomfield Hills
		Pricing Information: $40 members; $45 non-members by December 11; $50 at the 
door
		Contact: For reservations, send a check payable to the WBA c/o Deborah Beer, 
1805 East Tahquamenon Court, Bloomfield Hills, MI 48302. Questions should be 
directed to Mary Vallieres at (248) 625-7671
		
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		Homeward Bound: Trust & Estate Issues in Real Estate
		
		
		
		Sponsor: Real Property Law Section of the State Bar of Michigan
		Date: Thursday, January 18, from 3:30 to 6:30 p.m.
		Location: MSU, Management Education Center, 811 W. Square Lake Road, Troy
		Pricing Information: $75 members; $85 non-members
		Contact: For more information, call Arlene Rubinstein at (248) 644-7378
		
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		Recent Tax, Pension & Valuation Developments Seminar
		
		
		
		Sponsor: Macomb County Bar Association Domestic Relations Committee
		Date: Monday, January 29, noon. Check-in at 11:30 a.m.
		Location: Macomb County Circuit Court Building, 5th Floor Jury Room
		Pricing Information: $25 members; $40 non-members; $15 legal assistants/law 
students (members); $30 legal assistants/law students (non-members)
		Contact: Register by Friday, January 26, by calling the MCBA at (810) 
468-2940. Lunch is provided to those who pre-register by January 26. A $5 
surcharge will be added for those who do not pre-register.
		
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		Preparing Your Client for the New Mediation Rules
		
		
		
		Sponsor: ADR Section of State Bar of Michigan
		Date: Friday, February 16, 1 p.m. to 4 p.m.
		Location: 9th Floor Courtroom, Michigan Court of Appeals, 1001 Woodward Ave. 
(at Michigan Ave.), Detroit
		Pricing Information: Free of charge
		Contact: Reservations requested; contact Annie Madigan, (313) 256-9282; 
amadigan@jud.state.mi.us 
		
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		Please send information for the Bar Events section to Carrie Peplinski-Pickett
		
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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-Pickett
		
		To list bar event information, send your information to Carrie 
Peplinski-Pickett
		
		Editorial comments may be sent to Nancy Brown
		
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		Who Does What at the State Bar 
		
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