Michigan Defense Quarterly Archive

The Statewide Association of Attorneys Representing the Defense in Civil Litigation.

Michigan Defense Quarterly Volume 26, No. 3 January 2010 ATTN MEMBERS AND NON-MEMBERS: DOWNLOAD THIS QUARTERLY ISSUE HERE! ARTICLES Medicare Set-Asides - Response to "Emergency Bulletin" Medicare Set-Asides - The Dispute Medicare Set-Asides - A Primer on Compliance Primary Jurisdiction Doctrine Young Lawyers Series - Post-Trial Motions PLUS: Appellate Practice Section Report Legislative Report Supreme Court Update Court Rules Update No-Fault Report Legal Malpractice Report Google - a New Legal Research Source Welcome New Members Member News Member to Member Services DRI Report Schedule of Events	Michigan Defense Quarterly Volume 26, No. 2 October 2009 ARTICLES • Generational Differences in Jurors • Non-Competition Agreements • Section 1983 Claims against Municipal Boards • Young Lawyers Series VI: Trial Tips Part II PLUS: • NEW: Database of Briefs and Orders - Ex Parte Physician Meetings • No-Fault Report • Legal Malpractice Case Report • Court Rules Update • Supreme Court Update • Practice Tip • Amicus Committee Report • Trial by Battle • Welcome New Members • Member News • Member to Member Services • DRI Reports
Michigan Defense Quarterly Volume 26, No. 1 July 2009 ARTICLES • The Michigan Lemon Law: a 2009 Practice Guide • Causation in Damage Assessments • Biomechanical Analysis: Counter-Intuitive Insights • Young Lawyers Series VI: Trial Tips Part I PLUS: • Court Rules Update - New Deposition Rules • Legal Malpractice Case Report • Medical Malpractice Case Report • Legislative Update • Court Rules Update • Supreme Court Update • Practice Tips • Welcome New Members • Member News • Member to Member Services • DRI Report & Schedule of Events	Michigan Defense Quarterly Volume 25, No. 4 April 2009 ARTICLES • Exemplary and Punitive Damages • Developing a Life Care Plan • Healthcare Worker Background Checks • Neuropsychological Exams — Presence of Third Parties • Young Lawyers Series V — Preparing for Trial PLUS: • NEW: No-Fault Report • 50 Tips on Developing Business • Future Planning Committee Report • Legislative Update • Supreme Court Update • Court Rules Update & Practice Tips • Amicus Committee Report & DRI Report
Michigan Defense Quarterly Volume 25, No. 3 January 2009 ARTICLES • Workers’ Compensation Law – Overview and Recent Changes • Accrual of Latent Disease Claims • Fighting Blackmail Settlements • Michigan’s Discount Rate • Young Lawyers Series IV – Dispositive Motions PLUS: • Recent Case Notes: Suing the opposition expert under RICO & Defense interviews of physician under HIPAA • Opinion: How we elect our judges • Supreme Court Update — Court Rules Update — Legislative Update • Practice Tips — Amicus Committee Report — DRI Report	Michigan Defense Quarterly Volume 25, No. 1 July 2008 ARTICLES • Fultz, Banaszak, and Contract Immunity • The Economic Loss Doctrine • Handling UCC Claims • Working with Experts to Establish Damages • Young Lawyers Series II — Cross-Claims and Third Party Claims PLUS: • Court Rules Update — New Deposition Rules • Recent Case Notes: Dangerous Heights and Common Work Areas and Governmental Immunity and Consortium Claims • Supreme Court Update • Legislative Update • Practice Tips
Michigan Defense Quarterly Volume 24, No. 4 April 2008 ARTICLES • The Erosion of Attorney Client Privilege • Business Websites - Potential Liability under ADA • Sorting Out Other Insurance Clauses • Young Lawyers Series Part I - Starting the Case • Recent Case Note: No-Fault • Legislative Update • Court Rules Update • Guest Column: From Philosophy to Fanaticism • MDTC Schedule of Events • Practice Tips	Michigan Defense Quarterly Volume 24, No. 3 January 2008 ARTICLES • Supreme Court Review - 2007 Decisions • Contribution After Tort Reform • No-Fault Home Attendant Care Claims • Double Recoveries • Young Lawyers Section: Appellate Briefs • Legislative Update • Court Rules Update • Guest Column: Judicial Philosophies • Amicus Committee Report • MDTC Schedule of Events
Michigan Defense Quarterly Volume 24, No. 2 October 2007 ARTICLES • Alteration of Electronic Evidence • The Effect of Plaintiff's Bankruptcy on the Claim • Defending Construction Injury Liability Cases • The Effect of Fultz on Third Party Claims • Young Lawyers Section: Post-Trial Motions • Court Rules Update • Guest Column: Judicial Philosophies • Amicus Committee Report • MDTC Schedule of Events • Practice Tips	Michigan Defense Quarterly Volume 24, No. 1 July 2007 ARTICLES • Why Women Leave the Profession • Generation Y's Goals as Lawyers • Collateral Estoppel without Mutuality • Attorney-Client Privilege and Corporate Counsel • Working with the Expert to Control Costs • Recent Case Report: Liss v Lewiston-Richards, Inc. • Legislative Report • Court Rules Update • Guest Column: "How Many Judges Do We Need?"
Michigan Defense Quarterly Volume 23, No. 4 April 2007 ARTICLES • Daubert Principles (Part III of III) • Arbitration and ERISA Claims • Discovery of E-Mail • Young Lawyers Section: The Trial (Part 2) • Implied Contractual Indemnity • Third Annual Law Student Writing Competition • Court Rules Update • Guest Column: "Measuring Sticks and Governments" • MDTC Schedule of Events	Michigan Defense Quarterly Volume 23, No. 3 January 2007 ARTICLES • Daubert Principles (Part II of III) • Daubert - A Neuropsychologist's Perspective (Part II of II) • Uncertainty in Accident Reconstruction • Insurance Law Update • Public Relations - Protecting a Client's Reputation • Third Annual Law Student Writing Competition • Young Lawyers Section: The Trial (Part 1) • Court Rules Update • Guest Column: Child Welfare and Parental Rights
Michigan Defense Quarterly Volume 23, No. 2 October 2006 ARTICLES • Daubert Principles (Part I of III) • Daubert - A Neuropsychologist's Perspective (Part I of II) • New E-Discovery Rules • Nanoparticles - a Primer for Lawyers • New Rules of Citation • Commentary on Proposed Trial Rules Changes • Third Annual Law Student Writing Competition • Young Lawyers Section: Preparing for Trial • Practice Tip: Common Law Arbitration	Michigan Defense Quarterly Volume 23, No. 1 July 2006 ARTICLES • Suing in Tort on a Contract • Medical Malpractice - A Physician's View • Protecting Yourself Against Legal Malpractice Claims • Dead Man's Statute Revived? • Law Student Writing Competition Winner: PIP Benefits for Corporate Employees • Member Alert: Tort Reform in the Legislature • Amicus Curiae Report • MDTC Schedule of Events • DRI Report • Practice Tip 35: Empty Your Pockets
Michigan Defense Quarterly Volume 22, No. 4 April 2006 ARTICLES • Preventing Speculative Awards of Future Medical Expenses • Residential Builders and the Consumer Protection Act • Lawyers' Support Staff and Ethics • PIP Insurers' Right to Recover Payments PLUS: • Young Lawyers Section: Handling Dispositive Motions • Case Note: Clerc v Chippewa County War Memorial Hospital - MRE 702 • Practice Tip: Search for Plaintiff's Weblog	Michigan Defense Quarterly Volume 22, No. 3 January 2006 ARTICLES • Premises Liability: "Open and Obvious" Conditions • Worker Compensation Exclusive Remedy: Who Decides Who's An Employee? • Drafting Electronic Evidence Protocols • Ensuring the Small Firm's Survival When a Partner is Disabled • Marketing: Why Negative Advertising Fails PLUS: • New "Fast Track" Appeal RulesO • On-Line Resources for Michigan Lawyers • Practice Tip: Be Your Own Jury Consultant • Young Lawyers Section: Building The Case - Discovery
Michigan Defense Quarterly Volume 22, No. 2 October 2005 ARTICLES: • Defining "Employee" Under the Worker Compensation Act • Counterclaims in the Employment Discrimination Case • Retention Policies for Electronic Documents • Spoliation of Electronic Evidence PLUS: • Forensics & Metallurgy • Practice Tip: Appeals - Stays in the Trial Court • Young Lawyers Section: Cross-Claims and Third Party Claims	Michigan Defense Quarterly Volume 22, No. 1 July 2005 ARTICLES • New Feature: Young Lawyers Section - Basic Skills Primer Part 1: Starting the Case Job Search • Law Student Writing Competition Winner MCR 2.507: The Court Rules "Statute of Frauds" • No-Fault: Scarring and the Permanent Serious Disfigurement Threshold • Designating an Employer as a Non-Party at Fault • Determining Seatbelt Usage in Motor Vehicle Collisions • Forensic Visualizations: Using Animations in Litigation
Michigan Defense Quarterly Volume 21, No. 4 April 2005 ARTICLES • Non-Party Fault and Taxation of Costs by a Prevailing Party • Critiquing Life Care Plans • The Waiver of Subrogation Clause and Public Policy • The Attorneys Guide to Forensic Experts • Inching Toward a Paperless Practice PLUS: • Technology Corner: Optimizing PDF use for Electronic Filing • Practice Tip: The Other Court Rules - Internal Operating Procedures • Court Rules Update • Guest Column: "Garland Avenue" - the Ossian Sweet Trial.	Michigan Defense Quarterly Volume 21, No. 3 January 2005 ARTICLES • Computer Forensics - An Attorney's Primer • Choosing the Managing Partner: Common Mistakes • Technology Corner: Knowledge Management in the Law Firm • Medical Malpractice: Clarity and Confusion in Shinholster • Non-Competition and Trade Secret Agreements and Litigation • Expedited Appeals • Practice Tip: The Open and Obvious Doctrine and Contractor Liability • Court Rules Update
Michigan Defense Quarterly Volume 21, No. 2 October 2004 ARTICLES • Product Liability - Seller Immunity or Ambiguity? • Product Liability - Sophisticated Purchasers or Users? • Commentary on the Supreme Court and its "Reactivist" Role • Court Rules Update • Commentary on Recent Opinions: Kreiner v Fischer and Straub v Collette • Commentary on Recent Opinions: Ormsby v Capital Welding • Commentary on Recent Opinions: Newton v Michigan State Police • Practice Tip: Final order rule and denial of governmental immunity motion	Michigan Defense Quarterly Volume 21, No. 1 July 2004 ARTICLES • Tort Reform: The Employer as a Non-Party at Fault • Medical Records and the Fiduciary Duty of Insurers • Law Firm Document Retention Policies • Corporate Takeover Legislation and Shareholder Ownership • Practice Tip: Motions and Scheduling Orders PLUS: • Guest Column: D-Day and Iraq • Court Rules Update: Proposed New Appellate Rule • Technology Corner: Potpourri of Gizmos, Software and Web Sited
Michigan Defense Quarterly Volume 20, No. 4 April 2004 ARTICLES • Peremptory Challenges and Constitutional Limitations • Individual Liability Under Elliott- Larsen • Contractual Indemnity and Tort Reform • Canning Spam: Unclogging Law Firm Mailboxes • Practice Tips: New Notary Public Rules PLUS: • Guest Column: Intelligence Failure • Technology Corner: The Courts and Privacy Concerns • Legislative Report • Court Rules and Update	Michigan Defense Quarterly Volume 20, No. 3 January 2004 ARTICLES • Daubert, Kumho, MRE 702 and MCL 600.2955 • Product Liability Damage Caps: Single or Multiple? • Wrongful Death Damages - Mental Anguish • Obtaining Unredacted Witness Statements in Miosha Investigations PLUS: • Guest Column: Paying the Bill for Gulf War II • Practice Tip: Mortality Tables • Legislative Report • Court Rules Update • Technology Corner
Michigan Defense Quarterly Volume 20, No. 2 October 2003 ARTICLES • Proposed Federal Medical Malpractice Tort Reform • HIPAA—A Practical Guide for the Litigation Attorney • Constitutionality of Damage Caps • A Lawyer’s Guide to Cross-Cultural Depositions PLUS: • Commentary: IOLTA • Guest Column: Flat Tax • Technology: Blogs, Blawgs, Blogrolls • Legislative Report: Increased court fees, et al	Michigan Defense Quarterly Volume 20, No. 1 July 2003 ARTICLES • Worker's Compensation: Exclusive Remedy - Definition of Employee • Exclusive Remedy - Multiple Employers • Exclusive Remedy - Intentional Torts • Exclusive Remedy - Civil Rights Claims PLUS: • Guest Column: Six Minutes at Midway; Six Minutes in Iraq • Practice Tip: Effective Briefs • Legislative Report • Court Rules Update • Technology Corner: Productivity Software
Michigan Defense Quarterly Volume 19, No.4 April 2003 Articles • Technology Corner • Medical Malpractice – Affidavits of Merit • Toxic Mold – Defending the Claim • Toxic Mold – Evaluating the Claim • Toxic Mold – Remediation • Hiring a Private Detective • Guest Column: “Autonomy” • Practice Tip: Requests for Admissions • Legislative Report • Court Rules Update	Michigan Defense Quarterly Volume 19, No. 4 April 2003 ARTICLES • Medical Malpractice - Affidavits of Merit • Toxic Mold - Defending the Claim • Toxic Mold - Evaluating the Claim • Toxic Mold - Remediation • Hiring a Private Detective PLUS: • Guest Column: "Autonomy" • Practice Tip: Requests for Admissions • Legislative Report • Court Rules Update
Michigan Defense Quarterly Volume 19, No. 3 January 2003 ARTICLES Member to Member Services Inherently Dangerous Activity Theory Toxic Mold - A Scientist's View Unnatural Accumulations of Ice and Junk Science The At-Will Employment Doctrine Makes A Comeback PLUS: Guest Column: Bread and Circuses (and Collegiate athletics) Practice Tip: Making a late appellate brief timely Court Rules Update Legislative Report	Michigan Defense Quarterly Volume 19, No. 2 October 2002 ARTICLES Member to Member Services Lemon Law 101: Putting the Squeeze on Road Lemons Double Dipping: Duplicative Claims for Economic Damages The Open and Obvious Doctrine Value of a Life and Hedonic Damages Court of Appeals Internal Operating Procedures PLUS: Guest Column: The Eloquence Of Silence Practice Tip: Interlocutory Appeals and Transcripts Legislative Report
Michigan Defense Quarterly Volume 19, No. 1 July 2002 ARTICLES Americans With Disabilities Act - Recent Developments Family Medical Leave Act - The Notice Requirement Settling the Employment Case - Tax Planning Making the Most of Facilitation PLUS: Guest Column: Nixon, LBJ and The Voting Rights Act Practice Tip: Long Form vs. Short Form Court Rules Update, Legislative Report Advance Update: Basic Skills Series	Michigan Defense Quarterly Volume 18, No. 4 May 2002 ARTICLES Handling a MIOSHA Investigation: Evidentiary Issues Removal of Cases to Federal Court: After the Pleadings Record Retention Policy: Self Preservation Common Law Indemnity: Active and Passive Negligence PLUS: Guest Column: Court of Appeals Delay Reduction Practice Tip: Keeping Track of Dates Court Rules and Rules of Evidence: Adopted and Proposed Changes Legislative Report: Adopted and Proposed Statutes In Memoriam: Jonathon E. Martin
Michigan Defense Quarterly Volume 18, No. 3 March 2002 ARTICLES Handling a MIOSHA Investigation Eyewitness Evidence - Problems and Opportunities Indemnity - Pro Rata Indemnity and Tort Reform PLUS: Trial Book: Pleadings and Presumptions Guest Column: Warriors of God Court Rule Changes: Seven-Day Rule Practice Tip: Impeachment on Prior Testimony Legislative Report Book Review: Scalia, A Matter of Interpretation	Michigan Defense Quarterly Volume 18, No. 2 December 2001 ARTICLES The Federal False Claims Act and Qui Tam Litigation Educational Malpractice and the Michigan Consumer Protection Act Future Damages - Reduction to Present Value Defending the Condominium Developer PLUS: Guest Column: September 11, "Nothing Ends Here" Book Review - The Other Adams: Samuel Adams, Radical Puritan Trial Book - Voir Dire Practice Tips: Cell Phone Logs Exclusive Remedy Defense
Michigan Defense Quarterly Volume 18, No. 1 August 2001 Articles: New Federal Privacy Standards for Health Information Consumer Protection Act-Businesses as Plaintiffs The Public Duty Doctrine Wrongful Death-Value of a Life Plus: Guest Column: "What If" - The Iron Brigade Book Review: April 1865 - The Month that Saved America	Michigan Defense Quarterly Volume 17, No. 4 April 2001 Attorney fees in consumer protection cases Identity theft statutes Closed head injuries and SPECT scan evidence Wrongful death damages for pre-injury fright Legal research websites ABA ethics opinion:third party audits of defense fees
Michigan Defense Quarterly Volume 17, No. 3 March 2001 Environmental Law: Takings Claims after Del Monte Dunes Environmental Law: Standing for Citizens' Suits Legal Malpractice and Arbitration Clauses Medicare Reimbursement Claims Alternate Dispute Resolution Under the New Rules