- Defendant Lacks Standing to Challenge Plaintiff's Corporate Status, Michigan Supreme Court rules in Miller v Allstate
Posted July 3, 2008, 5:21 pm by Peter J. Cavanaugh
On July 2, 2008, the Michigan Supreme Court issued its ruling in the Miller v Allstate case, which was discussed in an earlier post. The Supreme Court upheld the Court of Appeals' decision denying Allstate's attempt to avoid payment, but vacated the rationale. It held that only the Attorney General has the legal standing to challenge Plaintiff's corporate status. The Court made no ruling on the question of whether the service business was in fact properly incorporated.
- Challenges to Legislative Change
Posted July 1, 2008, 2:30 pm
Delaware Online Members of the House and Senate have said a new eminent domain law is a priority. Last week, in an attempt to get the nod from Minner, both removed the state Department of Transportation, which condemns land for road construction, from the legislation. Although the bill came partly as a response to the riverfront squabble, it also was a reaction to the 2005 U.S. Supreme Court decision in the Connecticut case of Kelo v. City of New London. In that case, the nation's highest court...
- Failure to Refer Vote
Posted June 29, 2008, 8:55 pm
Sioux City Journal An eminent domain law passed by the South Dakota Legislature this year will take effect Tuesday as scheduled. Secretary of State Chris Nelson says a group that wanted to refer it to a public vote was about 1,600 signatures short of the number needed to put it on the November ballot. Referral to the ballot would have kept the law from taking effect July 1. The law will help the Dakota, Minnesota and Eastern Railroad and its proposal to expand to Wyoming's coal fields. It...
- I-696 Southfield Car Accident: MDOT Youth Program
Posted June 28, 2008, 4:09 pm by admin
A tragic accident claimed the life of a 16 year old girl and seriously injured a 19 year old man Friday in Southfield, Michigan off of I-696 near Lahser Road. The injured wre part of a Michigan Department of Transportation youth summer work program. The participants are exemplary students who get paid to make the roadways look clean. They pick up trash and paint over graffiti near the roadways. Apparently, the youth were exiting the minivan when a Ford Excursion drove off the road way and...
- Live from New York...it Gary
Posted June 28, 2008, 2:01 pm by Gary Nitzkin
My wife and I are on vacation in New York. She would kill me if she knew that I was doing any sort of work including posting anything to my blog. She is still sleeping, so now I can send this note to you. Today, there is a very interesting article in the USA Today. It talks about banks lowering credit to credit card holders. If/when a bank lowers a consumer's borrowing limit, it will have the unintended consequence of lowering the consumer's credit score (FICO) score. If you do not already...
- Michigan Mandated Universal Health Care Not To Be On Ballot
Posted June 28, 2008, 6:32 am
The Detroit Free Press reported last night that a petition drive to give voters a chance to vote on "Universal Health Care" has fallen about 260,000 signatures short of the 390,000 needed to qualify for a ballot position. However, petition drive chairman John Freeman, recognizing that the ballot effort was abandoned because of lack of financial resources and competition from other ballot initiative drives, is reported to have shifted his focus to lobbying attempts. The petitioners, in my...
- Residents Leaving Baltimore
Posted June 27, 2008, 3:38 pm
WJZ.com Baltimore's use of eminent domain and high property taxes have caused residents and businesses to leave the city, according to a report by a Loyola College economist. The city's policies especially in the developing Charles Center neighborhood and the Inner Harbor have resulted in Baltimore's high crime rate, poverty and declining neighborhoods, Stephen J.K. Walters wrote in the report, entitled ''Baltimore's Flawed Renaissance.'' Baltimore residents fear the use of eminent domain, and...
- NAMFCU Holds Training Conference in Denver Conference
Posted June 27, 2008, 3:15 pm
NAMFCU is the National Association of Medicaid Fraud Control Units ("MFCUs"). Recently NAMFCU held its annual "Practical Skills" Conference in Denver, Colorado. The Conference, for state Attorneys General and their assistants and staff involved in state Medicaid anti-fraud enforcement and collection activities provided the following information, in addition to training sessions, to the attendees: 1. A report on the rising level of national cooperation and information, expertise, and skill...
- Approval of Gardasil for Women 27 to 45 delayed
Posted June 27, 2008, 3:23 am by Jeanne Hannah
It was reported on June 25, 2008 that the FDA has completed its review of Merck's application and has refused to approve Gardasil for use with older women within the expected review time frame. It is not clear whether this means that there is just a delay or whether the FDA will flat out refuse to approve this usage.
- Louis Szura, Associate at Frank, Haron, Weiner & Navarro, is Admitted to the State Bar of Michigan
Posted June 26, 2008, 5:05 pm
Louis Szura, an Associate Attorney at Frank, Haron, Weiner & Navarro, has been admitted, through waiver, to the State Bar of Michigan. Louis, a University of Michigan and Cornell Law School graduate and an attorney licensed, and who has practiced, in Ohio and Illinois, was approved by the Character and Fitness Committee and sworn in before the Honorable Shalina Kumar, Judge of the 6th Circuit in Michigan in Oakland County. Louis will continue his practice in all aspects of litigation,...
- Monica Navarro Attends NAMFCU Conference
Posted June 26, 2008, 2:15 am
NAMFCU is the National Association of Medicaid Fraud Control Units ("MFCUs"). Recently NAMFCU held its annual "Practical Skills" Conference in Denver, Colorado. The Conference, for state Attorneys General and their assistants and staff involved in state Medicaid anti-fraud enforcement and collection activities provided the following information, in addition to training sessions, to the attendees: 1. A report on the rising level of national cooperation and information, expertise, and skill...
- Elements of a Michigan Contract
Posted June 25, 2008, 4:28 pm by Michael J. Hamblin
Contracts are the lifeblood of business. Without enforceable contracts, much business activity that we all take for granted would likely grind to a halt. Under Michigan law, contracts can be oral, written, express or implied. There are four basic elements that must be present in order for an enforceable contract to be formed. First, the parties must have the legal capacity to make make a contract. For example, a party does not have the legal capacity to enter into a contract if they are a minor...
- Kroger Beef E.Coli Food Poisoning in Michigan
Posted June 25, 2008, 3:15 pm by admin
Kroger beef is to blame as the source of the recent E. coli bacteria outbreak in Michigan and Ohio. Several dozen victims have been identified with symptoms including vomiting, stomach pain, diahrrea, and nausea. Many of those infected with the bacteria have sought treatment at local hospitals. Fortunately, no deaths from the outbreak have been reported. My firm represents clients in food poisoning outbreaks that result for food served at restaurants and sold at grocery stores and markets. The...
- When good people give bad advise...be careful
Posted June 25, 2008, 11:58 am by Gary Nitzkin
I just saw a fairly recent post from a "The Credit InfoCenter Blog." It was arrogantly entitled "Now I'm Giving Advice to Consumer Attorneys." To me, this post highlighted why a consumer ought not to seek legal advice from someone who is not an attorney. In this person's post, she suggests that a debt should counter sue a creditor who files a suit without the proper documentation to prove the debt. Here is the problem. The law in this area has already been decided. If you review my previous...
- US 24 Taking
Posted June 25, 2008, 2:18 am
Toledo Blade The state wants to use a small part of the land of Eugene Ward, on Box Road near Grand Rapids, Ohio, for the new U.S. 24. ODOT is offering Mr. Ward $300 for the land; Mr. Ward is holding out for $3,000. A surveyor's measurement is in question. The state says past errors are common in acquisition cases. -This is a balanced article on the Ohio Department of Transportation acquisition process. However, the general problem in the process comes thru 'loud and clear' in the agency's...
- U.S. House of Representatives Has Voted to Postpone Proposed Cuts in Medicare Payments to Providers
Posted June 25, 2008, 1:51 am
The House voted today to postpone a planned cut in payments to physicians who treat Medicare patients. The bill passed by 355 to 59. There was a fear that the cut--some 10.6%--would affect physician's desire to treat medicare patients. Instead, the bill will increase Medicare payments to doctors by 1.1% in January instead of another 10% cut. The elimination of the cut will be paid for by reducing payments to private Medicare Advantage programs. Action in the Senate involves drafting a...
- Parenting Plan Calculators, Planners, and Trackers
Posted June 24, 2008, 5:29 pm by Jeanne Hannah
Family lawyers are often challenged to help clients work out parenting time plans that allocate time with the child or children between the parents. Ten years ago, Stephen J. Harhai described the problem like this: "The fundamental problem in working out time-sharing issues is that it is hard to visualize or calculate the effect of a given plan without a lot of grunt work. We have spent untold hours marking calendars, counting days, writing explanations, and generally driving ourselves crazy...
- David Haron Moderates and Presents an ABA Business Law Section Teleconference on “Qui Tam: What Business Lawyers Need to Know.”
Posted June 24, 2008, 1:52 pm
Recently I acted as moderator and presenter for an ABA Business Law Section Teleconference discussing "Qui Tam: What Business Lawyers Need to Know." Federal and state False Claims Acts allow a private person to file a qui tam suit to recover monies wrongfully paid to providers by federal or state governments as a result of false claims the defendant made to the government. For example, if a physician practice group is overcharging Medicare, a person can file a sealed qui tam lawsuit that will...
- David Haron Moderates and Presents an ABA Business Law Section Teleconference on “Qui Tam: What Business Lawyers Need to Know.”
Posted June 24, 2008, 1:52 pm
Recently I acted as moderator and presenter for an ABA Business Law Section Teleconference discussing "Qui Tam: What Business Lawyers Need to Know." Federal and state False Claims Acts allow a private person to file a qui tam suit to recover monies wrongfully paid to providers by federal or state governments as a result of false claims the defendant made to the government. For example, if a physician practice group is overcharging Medicare, a person can file a sealed qui tam lawsuit that will...
- George Carlin Dies at 71
Posted June 24, 2008, 2:05 am
This entry has nothing to do with health care--except my own--but one of the funniest, most controversial and wonderful comedians--George Carlin--died Sunday. He was an American institution and many comedians, including Bill Maher, Roseanne Barr, Lewis Black and Jerry Seinfeld reflected on his significance to comedy--and to the country--on Larry King Live. Jerry Seinfeld said: "It's been a bad day--nobody dies at 71 anymore--it is so old fashioned.". We will miss him......Maybe this is about...