James Bradley
Secrest Wardle
It is no exaggeration to say that practitioners working in the arena of negligence litigation are operating in unprecedented times. From massive structural changes to auto insurance scheduled to take effect later this year, to fundamental alterations to the Michigan Court Rules, the practice for many of us is changing in ways we could have never imagined...
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Government Affairs Update
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Todd Tennis
Capitol Services
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What a difference a month can make. Way back in early March, which feels like a year ago, our most pressing issues were addressing Michigan’s pharmaceutical products liability law and monitoring the implementation of no-fault auto reforms. Nearly 20,000 (and still growing) cases of cases of COVID-19 later, and those problems seem almost quaint. The last three weeks has seen a statewide stay at home order, the early end of the 2019-2020 school year, a record number of unemployment claims, and an exponentially increasing number of patients who have contracted COVID-19. Meanwhile, the Legislature...
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Lawyers and Judges Assistance Program Offers Assistance on a Broad Range of Concerns:
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Proactive, expansive, and confidential are all words that describe a very important State Bar member service. The Lawyers and Judges Assistance Program (LJAP), one of the oldest Lawyers’ Assistance Programs in the country, employs a total wellness approach in assisting individuals who are faced with issues related to depression, gambling, substance use disorders, stress, marriage and family issues, career transition, life stage adjustment, and other general wellness issues. Since 1979, the program has been a confidential source of guidance and support to attorneys, judges, and law students throughout the State of Michigan...
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Out of State but not Out of Mind:
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Thomas Sinas
Sinas Dramis Law Firm
With coronavirus changing all aspects of our lives, it’s easy to forget that tourist season is around the corner. Hopefully soon, our state will again greet the thousands who come each year to experience the joys of a Michigan summer. Yet when those out-of-state tourists do return, they will encounter more surprises than just beach erosion and high water levels. They will be in a Michigan where automobile insurance law has been overhauled in ways that affect out-of-staters and Michiganders alike...
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Insurance Coverage Advisor:
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Bob June
Law Offices of Robert June PC
As a general rule, Michigan courts lack the power to refuse enforcement of an unambiguous insurance contract on the basis of public policy. It is a "bedrock principle of American contract law that parties are free to contract as they see fit, and the courts are to enforce the agreement as written absent . . . a contract in violation of law or public policy." Rory v Continental Ins Co, 473 Mich 457, 469 (2005). The Rory decision also made it clear that "the explicit 'public policy' of Michigan is that the reasonableness of insurance contracts is a matter for the executive, not judicial, branch of government." Id, at 476. Thus, an insurance contract approved by the insurance commissioner could not be invalidated on public policy grounds by the court...
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Michigan’s New No-Fault Fee Schedule for Fools (*Like Me):
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Matthew S. LaBeau
Collins Einhorn Farrell PC
From the time that the Michigan No-Fault Act was passed in 1973, the only limitation on the amount of a medical provider’s charge arising out of a motor vehicle accident was that it had to be “reasonable.” A large body of case law was created over the years addressing what information could be considered when determining whether a charge, or a payment of that charge if less than the full amount, was reasonable...
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Michigan Lawyers Weekly wants to hear about your verdicts and settlements:
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Please submit recent civil cases (within the past six months) where you prevailed - whether in a jury verdict or a settlement -- so MLW may publish them.
Questions about Lawyers Weekly's Verdicts and Settlements policy may be directed to the editor at (800) 678-5297 or
editor@mi.lawyersweekly.com.
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Special Offer from the MAJ and MDTC
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The Michigan Association for Justice in cooperation with
The Michigan Defense Trial Counsel offer their membership and the public this first opportunity to purchase:
Motor Vehicle No-Fault Law in Michigan (TextBook)
2011 Edition includes 2015 supplement
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The State Bar of Michigan Lawyer Referral Service (LRS)
The SBM Lawyer Referral Service (LRS) currently receives more than 500 calls each week from people looking for lawyers. Many of these are unable to find a match because there are not enough attorneys in some geographic areas or in some practice areas. For more than a year we have been revising and improving the LRS. The result is a system that produces better matches for attorneys and consumers alike. We are ready to begin a significant marketing initiative to consumers and we need more lawyers to participate as panel members.
Here are few examples of concrete improvements: Better matches mean a higher likelihood of securing paying clients than ever before. The new online platform now automates much of the tracking and reporting that attorneys had to do in the past. In addition to traditional cases, LRS has added Modest Means panels for family law and bankruptcy, and opportunities for attorneys to market Limited Scope practice.
Thank you very much. We are excited about these new opportunities for your section members to expand their practices and to enhance access to quality legal services throughout Michigan.
Click
here to learn more about LRS
Click
here to learn more about joining one or more of our LRS panels
Click
here to learn more about Limited Scope practice
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Remember to renew your membership to the Negligence Section when you renew your State Bar Annual Dues!
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New Members of the Negligence Law Section
as of 4-8-20
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Patrick Harrington -
Harrington, Thompson, Acker & Harrington Ltd.
Karen Prestel
Jodie Quisenberry
Jeremy Tiedt -
Michigan Auto Law, P.C.
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Upcoming Meetings and Events for the Negligence Law Section
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2020 Annual Meeting & Awards Reception
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Country Club of Lansing
2200 Moores River Dr, Lansing, MI 48911
Thursday, August 13th, 2020
5:30 p.m. - 7:30 p.m.
Join us for hors d'oeuvres, beverages, and fellowship!
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2020 Outstanding Achievement Award
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Tony A. Smith
Foster Swift Collins & Smith PC
Prior Recipients
2008 - Justice Elizabeth Weaver
2009 - Attorney, Dean Robb
2010 - Judge Elizabeth Gleicher, Court of Appeals
2011 - Justice Michael Cavanagh
2012 - Willam D. Booth
2013 - William F. Mills
2014 - Peter L. Dunlap
2015 - Robert P. Siemion
2016 - Frederick D. Dilley
2017 - Donald G. Rockwell
2018 - Michael Hayes Dettmer
2019 - Wayne Miller
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2020 Judge of the Year Award
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Honorable James S. Jamo
30th Circuit Court
Prior Recipients
2015 - Honorable Shalina D. Kumar
2016 - Honorable Paul J. Sullivan
2017 - Honorable Joseph J. Farah
2018 - Honorable Matthew F. Leitman
2019 - Justice Elizabeth Clement
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Detroit Golf Club
17911 Hamilton Rd, Detroit, MI 48203
Thursday, October 22nd, 2020
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Award to be presented
Earl J. Cline / Sherwin Schreier Award
for Excellence 2020
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Judith A. Susskind
Sommers Schwartz PC
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This award is presented in recognition of her superb skills as an attorney in the field of negligence law and dispute resolution.
It shall be the purpose of this organization to:
- Preserve the jury system and promote the fair and just administration of negligence law;
- Advance professional and ethical standards on the part of negligence law practitioners;
- Preserve and promote trial advocacy skills in the practice of negligence law;
- Encourage attorneys to enter the field of negligence law;
- Recognize by way of awards and scholarships excellence in tort law and outstanding contribution to the practice of the profession.
Prior Recipients:
2019 - Jennifer M. Grieco
2018 - George T. Sinas
2017 - Laurel F. McGiffert
2016 - Mark R. Granzotto
2015 - Justice Michael Cavanagh
2014 - Justice Marilyn J. Kelly
2013 - Norman Tucker
2012 - James L. Borin *
2011 - Brian D. Einhorn
2010 - Kathleen L. Bogas
2009 - George Googasian
2008 - Honorable Robert J. Colombo, Jr.
2007 - Honorable Pat Donofrio
2006 - George J. Bedrosian *
2005 - Frank W. Brochert *
2004 - Samuel A. Garzia *
2003 - Honorable Michael L. Stacey *
* deceased
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Negligence Law Section October Seminar
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Title: The Art of the Courtroom
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William A. Barton
The Barton Law Firm
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Tuesday, October 13, 2020
8:30 a.m. - 9:00 p.m.
MSU Management Education Center
811 W. Square Lake Road
Troy, Michigan 48098
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Thank You to Our 2020 Spring Meeting Sponsors!
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as of 4-24-2020
Riley & Hurley, PC
Kathleen Macdonald PLLC
Daniel P. Makarski-
Alternative Dispute Resolution
Ringler Associates - Mark R. Vogel
Wolcott ADR PC - Roger L. Wolcott
Brian E. Fischer, Mediator/Facilitator
David A. Kanaan Attorney & Counselor
Charles Trickey III - Facilitator & Arbitrator
Nash & Nemier, PLLC - Kathy Contos Nash
Judge Daniel A. Hathaway, Ret. Mediations and Facilitations
Hanson Renaissance Video and Court Reporting - Gerald Hanson
Judicial Resource Services PC - Circuit Judge James J. Rashid, Ret.
Circuit Court Judge Peter J. Maceroni, Retired - Arbitrations & Facilitation Services
Dykema Gossett PLLC - Chief Judge William B. Murphy, Retired - Mediator
Ruggirello, Velardo, Novara, Burke & Reizen, PC - Peter Ruggirello & Jennifer Reizen
Michigan Judicial Alternative Dispute Resolution PC - Circuit Judge Daniel Ryan, Ret.
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DATE CHANGE: MAJ 75th Annual Convention Rescheduled for July 24-25, 2020
Agendas for both the Trial Advocacy seminar on the 24th and the Banquet on the 25th are being finalized due to the date change. Agenda details will be shared once they are confirmed.
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Court Rule Changes Seminar Photos
Here are some photos from the seminar held on March 3, 2020! Thank you to everyone who attended, we hope you were able to learn something new.
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State Bar of Michigan Negligence Council
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James R. Bradley
Chairperson
Secrest Wardle
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Thomas R. Behm
Vice Chair
Gruel Mills Nims & Pylman PLLC
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Robert F. Riley
Secretary
Riley & Hurley PC
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Chad D. Engelhardt
Treasurer
Goethel Engelhardt PLLC
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Timothy A. Diemer
Council Member
Jacobs and Diemer PC
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Debra A. Freid
Council Member
Freid Gallagher Taylor & Associates PC
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Mark A. Gilchrist
Council Member
Smith Haughey Rice & Roegge
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Mark R. Granzotto
Council Member
Mark Granzotto PC
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Jenna Wright Greenman
Council Member
Kitch Drutchas Wagner Valitutti & Sherbrook
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Deborah A. Lujan
Council Member
Collins Einhorn Farrell PC
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Donna M. MacKenzie
Council Member
Olsman MacKenzie Peacock & Wallace
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Todd J. Stearn
Council Member
Law Offices of Todd J Stearn PLC
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Jeffrey L. Ver Beek
Council M
ember
Ruggirello Velardo Novara & Ver Beek PC
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Bryan J. Waldman
Council Member
Sinas Dramis Law Firm
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Thomas H. Howlett
Commissioner Liaison
The Googasian Firm PC
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Robert Raitt
Ex-Officio
Michigan Auto Law
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Emily G. Thomas
Young Lawyers Committee
Olsman MacKenzie Peacock & Wallace
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Kyle N. Smith
Young Lawyers Committee
Collins Einhorn Farrell PC
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Barry J. Goodman
Minister of Fun
Goodman Acker PC
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Negligence Law Section Sponsors
Riley & Hurley, PC
Kathleen Macdonald PLLC
Ringler Associates - Mark R. Vogel
Wolcott ADR PC - Roger L. Wolcott
Brian E. Fischer, Mediator/Facilitator
David A. Kanaan Attorney & Counselor
Charles Trickey III - Facilitator & Arbitrator
Nash & Nemier, PLLC - Kathy Contos Nash
Judge Daniel A. Hathaway, Ret. Mediations and Facilitations
Daniel P. Makarski - Alternative Dispute Resolution
Hanson Renaissance Video and Court Reporting - Gerald Hanson
Judicial Resource Services PC - Circuit Judge James J. Rashid, Ret.
Circuit Court Judge Peter J. Maceroni, Retired - Arbitrations & Facilitation Services
Dykema Gossett PLLC - Chief Judge William B. Murphy, Retired - Mediator
Ruggirello, Velardo, Novara, Burke & Reizen, PC - Peter Ruggirello & Jennifer Reizen
Michigan Judicial Alternative Dispute Resolution PC - Circuit Judge Daniel Ryan, Ret.
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Advertise in the next Negligence Section E-Newsletter!
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The Neg Law E-News comes to you as a member benefit
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