Negligence Law Section: Spring 2020 e-Newsletter

Volume 11 #3Spring 2020

Message from the Chair

James BradleySecrest WardleEmail

It is no exaggeration to say that practitioners working in the arena of negligence litigationare operating in unprecedented times. From massive structural changes to auto insurancescheduled to take effect later this year, to fundamental alterations to the Michigan CourtRules, the practice for many of us is changing in ways we could have never imagined...

Government Affairs Update

Todd TennisCapitol ServicesEmail

What a difference a month can make. Way back in early March, which feels like a yearago, our most pressing issues were addressing Michigan’s pharmaceutical products

liability law and monitoring the implementation of no-fault auto reforms. Nearly 20,000 (andstill 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 exponentiallyincreasing number of patients who have contracted COVID-19. Meanwhile, theLegislature...

Newest Supreme Court Order

Lawyers and Judges Assistance Program OffersAssistance on a Broad Range of Concerns:

Proactive, expansive, and confidential are all words that describe a very important StateBar member service. The Lawyers and Judges Assistance Program (LJAP), one of theoldest Lawyers’ Assistance Programs in the country, employs a total wellness approach inassisting individuals who are faced with issues related to depression, gambling, substanceuse disorders, stress, marriage and family issues, career transition, life stage adjustment,and other general wellness issues. Since 1979, the program has been a confidentialsource of guidance and support to attorneys, judges, and law students throughout theState of Michigan...

Out of State but not Out of Mind:

Thomas SinasSinas Dramis Law [email protected]

With coronavirus changing all aspects of our lives, it’s easy to forget that tourist season isaround the corner. Hopefully soon, our state will again greet the thousands who comeeach year to experience the joys of a Michigan summer. Yet when those out-of-statetourists do return, they will encounter more surprises than just beach erosion and highwater levels. They will be in a Michigan where automobile insurance law has beenoverhauled in ways that affect out-of-staters and Michiganders alike...

Insurance Coverage Advisor:

Bob JuneLaw Offices of Robert June [email protected]

As a general rule, Michigan courts lack the power to refuse enforcement of anunambiguous insurance contract on the basis of public policy. It is a "bedrock principle ofAmerican contract law that parties are free to contract as they see fit, and the courts are toenforce 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 itclear that "the explicit 'public policy' of Michigan is that the reasonableness of insurancecontracts is a matter for the executive, not judicial, branch of government." Id, at476. Thus, an insurance contract approved by the insurance commissioner could not beinvalidated on public policy grounds by the court...

Michigan’s New No-Fault Fee Schedule for Fools(*Like Me):

Matthew S. LaBeauCollins Einhorn Farrell [email protected]

From the time that the Michigan No-Fault Act was passed in 1973, the only limitation onthe amount of a medical provider’s charge arising out of a motor vehicle accident was thatit had to be “reasonable.” A large body of case law was created over the years addressingwhat information could be considered when determining whether a charge, or a paymentof that charge if less than the full amount, was reasonable...

Michigan Lawyers Weekly wants to hear aboutyour verdicts and settlements: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 theeditor at (800) 678-5297 or [email protected].

Special Offer from the MAJ and MDTC

The Michigan Association for Justice in cooperation with The Michigan Defense TrialCounsel offer their membership and the public this first opportunity to purchase:

Motor Vehicle No-Fault Law in Michigan (TextBook)2011 Edition includes 2015 supplement

The State Bar of Michigan Lawyer Referral Service (LRS)The SBM Lawyer Referral Service (LRS) currently receives more than 500 calls eachweek from people looking for lawyers. Many of these are unable to find a match becausethere are not enough attorneys in some geographic areas or in some practice areas. Formore than a year we have been revising and improving the LRS. The result is a systemthat produces better matches for attorneys and consumers alike. We are ready to begin asignificant marketing initiative to consumers and we need more lawyers to participate aspanel members.

Here are few examples of concrete improvements: Better matches mean a higherlikelihood of securing paying clients than ever before. The new online platform nowautomates much of the tracking and reporting that attorneys had to do in the past. Inaddition to traditional cases, LRS has added Modest Means panels for family law andbankruptcy, and opportunities for attorneys to market Limited Scope practice.

Thank you very much. We are excited about these new opportunities for your sectionmembers to expand their practices and to enhance access to quality legal servicesthroughout Michigan.

Click here to learn more about LRSClick here to learn more about joining one or more of our LRS panelsClick here to learn more about Limited Scope practice

Remember to renew your membership to the NegligenceSection when you renew your State Bar Annual Dues!

New Members of the Negligence Law Sectionas of 4-8-20

Patrick Harrington - Harrington, Thompson, Acker & Harrington Ltd.Karen PrestelJodie QuisenberryJeremy Tiedt - Michigan Auto Law, P.C.

Upcoming Meetings and Events for theNegligence Law Section

2020 Annual Meeting & Awards Reception

Country Club of Lansing2200 Moores River Dr, Lansing, MI 48911Thursday, August 13th, 20205:30 p.m. - 7:30 p.m.

Join us for hors d'oeuvres, beverages, and fellowship!

Registration Form

Awards to be presented

2020 Outstanding Achievement Award

Tony A. SmithFoster Swift Collins & Smith PCEmail

Prior Recipients

2008 - Justice Elizabeth Weaver2009 - Attorney, Dean Robb2010 - Judge Elizabeth Gleicher, Court of Appeals2011 - Justice Michael Cavanagh2012 - Willam D. Booth2013 - William F. Mills2014 - Peter L. Dunlap2015 - Robert P. Siemion2016 - Frederick D. Dilley2017 - Donald G. Rockwell2018 - Michael Hayes Dettmer2019 - Wayne Miller

2020 Judge of the Year Award

Honorable James S. Jamo30th Circuit CourtEmail

Prior Recipients

2015 - Honorable Shalina D. Kumar2016 - Honorable Paul J. Sullivan2017 - Honorable Joseph J. Farah2018 - Honorable Matthew F. Leitman2019 - Justice Elizabeth Clement

Past Chair Dinner

Detroit Golf Club17911 Hamilton Rd, Detroit, MI 48203Thursday, October 22nd, 2020

Award to be presentedEarl J. Cline / Sherwin Schreier Award

for Excellence 2020

Judith A. SusskindSommers Schwartz PC

Email

This award is presented in recognition of her superb skills as an attorney in the field ofnegligence 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 negligencelaw;

Advance professional and ethical standards on the part of negligence lawpractitioners;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 andoutstanding contribution to the practice of the profession.

Prior Recipients:

2019 - Jennifer M. Grieco2018 - George T. Sinas2017 - Laurel F. McGiffert2016 - Mark R. Granzotto2015 - Justice Michael Cavanagh2014 - Justice Marilyn J. Kelly2013 - Norman Tucker2012 - James L. Borin *2011 - Brian D. Einhorn2010 - Kathleen L. Bogas2009 - George Googasian2008 - Honorable Robert J. Colombo, Jr.2007 - Honorable Pat Donofrio2006 - George J. Bedrosian *2005 - Frank W. Brochert *2004 - Samuel A. Garzia *2003 - Honorable Michael L. Stacey *

* deceased

Negligence Law Section October Seminar

Title: The Art of the Courtroom

William A. BartonThe Barton Law Firm

Date and Location:

Tuesday, October 13, 20208:30 a.m. - 9:00 p.m.

MSU Management Education Center811 W. Square Lake RoadTroy, Michigan 48098

Registration Form

Sponsorship Form

Agenda

Thank You to Our 2020 Spring MeetingSponsors!as of 4-24-2020

Riley & Hurley, PCKathleen Macdonald PLLCDaniel P. Makarski-Alternative Dispute ResolutionRingler Associates - Mark R. VogelWolcott ADR PC - Roger L. WolcottBrian E. Fischer, Mediator/FacilitatorDavid A. Kanaan Attorney & CounselorCharles Trickey III - Facilitator & ArbitratorNash & Nemier, PLLC - Kathy Contos NashJudge Daniel A. Hathaway, Ret. Mediations and FacilitationsHanson Renaissance Video and Court Reporting - Gerald HansonJudicial Resource Services PC - Circuit Judge James J. Rashid, Ret.Circuit Court Judge Peter J. Maceroni, Retired - Arbitrations & Facilitation ServicesDykema Gossett PLLC - Chief Judge William B. Murphy, Retired - MediatorRuggirello, Velardo, Novara, Burke & Reizen, PC - Peter Ruggirello & Jennifer ReizenMichigan Judicial Alternative Dispute Resolution PC - Circuit Judge Daniel Ryan, Ret.

DATE CHANGE: MAJ 75th Annual Convention Rescheduled forJuly 24-25, 2020

MAJ's 75th Annual Convention has been been rescheduled for July 24-25, 2020 at theWestin Book Cadillac in Detroit.

Agendas for both the Trial Advocacy seminar on the 24th and the Banquet on the 25th arebeing finalized due to the date change. Agenda details will be shared once they areconfirmed.

Court Rule Changes Seminar Photos

Here are some photos from the seminar held on March 3, 2020! Thank you to everyonewho attended, we hope you were able to learn something new.

State Bar of Michigan Negligence Council

James R. BradleyChairpersonSecrest WardleEmail

Thomas R. BehmVice ChairGruel Mills Nims & Pylman PLLCEmail

Robert F. Riley Chad D. Engelhardt

SecretaryRiley & Hurley PCEmail

TreasurerGoethel Engelhardt PLLCEmail

Timothy A. DiemerCouncil MemberJacobs and Diemer PCEmail

Debra A. FreidCouncil MemberFreid Gallagher Taylor & Associates PCEmail

Mark A. GilchristCouncil MemberSmith Haughey Rice & RoeggeEmail

Mark R. GranzottoCouncil MemberMark Granzotto PCEmail

Jenna Wright GreenmanCouncil MemberKitch Drutchas Wagner Valitutti &SherbrookEmail

Deborah A. LujanCouncil MemberCollins Einhorn Farrell PCEmail

Donna M. MacKenzieCouncil MemberOlsman MacKenzie Peacock &WallaceEmail

Todd J. StearnCouncil MemberLaw Offices of Todd J Stearn PLCEmail

Jeffrey L. Ver Beek Bryan J. Waldman

Council MemberRuggirello Velardo Novara & Ver BeekPCEmail

Council MemberSinas Dramis Law FirmEmail

Thomas H. HowlettCommissioner LiaisonThe Googasian Firm PCEmail

Robert RaittEx-OfficioMichigan Auto LawEmail

Emily G. ThomasYoung Lawyers CommitteeOlsman MacKenzie Peacock &WallaceEmail

Kyle N. SmithYoung Lawyers CommitteeCollins Einhorn Farrell PCEmail

Barry J. GoodmanMinister of FunGoodman Acker PC

Email

Negligence Law Section Sponsors

Riley & Hurley, PCKathleen Macdonald PLLCRingler Associates - Mark R. VogelWolcott ADR PC - Roger L. WolcottBrian E. Fischer, Mediator/FacilitatorDavid A. Kanaan Attorney & CounselorCharles Trickey III - Facilitator & ArbitratorNash & Nemier, PLLC - Kathy Contos NashJudge Daniel A. Hathaway, Ret. Mediations and FacilitationsDaniel P. Makarski - Alternative Dispute ResolutionHanson Renaissance Video and Court Reporting - Gerald HansonJudicial Resource Services PC - Circuit Judge James J. Rashid, Ret.Circuit Court Judge Peter J. Maceroni, Retired - Arbitrations & Facilitation ServicesDykema Gossett PLLC - Chief Judge William B. Murphy, Retired - MediatorRuggirello, Velardo, Novara, Burke & Reizen, PC - Peter Ruggirello & Jennifer ReizenMichigan Judicial Alternative Dispute Resolution PC - Circuit Judge Daniel Ryan, Ret.

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