Negligence Law Section e-Newsletter
Issue 4 Volume 1 Fall 2012

Thomas W. Waun
Waun & Parillo PLLC
twaun@waunlaw.com

I am beginning my term as Chair of the Negligence Section Council. I want to thank Paul Manion for his hard work and excellent leadership over the past year. I am thankful for and looking forward to the opportunity to work with and serve the membership.

Two new members have joined our Council. They include Tom Behm from Grand Rapids and Jim Bradley from Lansing. Additionally, Mike Janes has been appointed as the newest Officer on our Council.

Our Section, through the Council, is very active and provides significant services for the modest dues paid by our membership. For those of you who are unaware of all of the activity that takes place, I would like to take this opportunity to bring you up to speed.

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Exemplary Damages—Point/Counter-Point

The Defense Perspective: Exemplary Damages Are Not An Excuse To Double-Dip

Michael J. Cook

Exemplary damages are recoverable in Michigan, when appropriate. Unfortunately, Michigan case law on when or how they can be recovered is a muddy pool. Sifting through the silt requires first distinguishing cases involving statutory claims from those involving common law claims and then understanding the rules for each.

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Plaintiff's Perspective: Exemplary Damages- A Legitimate Component of Recovery

Robert Garvey

Exemplary damages are recoverable in Michigan, when appropriate. Unfortunately, Michigan case law on when or how they can be recovered is a muddy pool. Sifting through the silt requires first distinguishing cases involving statutory claims from those involving common law claims and then understanding the rules for each.

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Steps on the Path to Finding Coverage

Hal O. Carroll

The quest to find insurance coverage is different in each case, of course, but there are some general principles and specific actions that most of them share. Here are a few of them. Work Together

Read the underlying complaint

Read the policy...carefully

and more

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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 time opportunity to purchase: Motor Vehicle No-Fault Law in Michigan 2011 Edition

After a year-long study, the Michigan Judicial Selection Task Force has released its report and recommendations for improving the state's process for selecting Supreme Court Justices.

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Michigan Lawyers Weekly wants to hear about your Verdicts & Settlements:

Please submit recent civil cases (within the past six months) where you prevailed—whether in a jury verdict or a settlement—so they 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

Legislative Update

Todd Tennis
Captiol Services, Inc.

2012, the Year of the Ballot Proposal

While most voters will be showing up to vote for candidates at the top of the ticket, this year in Michigan they will also get to vote "yea" or "nay" on a half dozen ballot proposals that could have a huge impact on public policy. Since most readers of this column will be well versed on the federal and state candidates they will see on their ballot (and better versed than most on the judicial candidates, too!), I chose to devote this space to summarizing the 6 ballot proposals.

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New Treasurer 2012-2013

Michael R. Janes
Martin, Bacon & Martin PC
44 First Street
Mount Clemens, MI 48043
Phone: (586) 979-6500
Fax: (586) 468-7016

Michael R. Janes is a shareholder and president of Martin, Bacon and Martin P.C. in Mt. Clemens, Michigan. His practice includes all areas of personal injury defense with emphasis on the defense of medical malpractice causes of action. Mr. Janes obtained his undergraduate degree from The University of Notre Dame in 1979 and his Juris Doctorate degree from The University of Detroit School of Law in 1981. In addition to his longtime membership in the Michigan Defense Trial Counsel, he is also past president of The Association of Defense Trial Counsel, current council member for the Negligence Law Section of the State Bar of Michigan, member of the American Board of Trial Advocates, Fellow of the Michigan State Bar Foundation and member of the Michigan Society of Health Care Attorneys.

New Council Members 2012-2013

Thomas R. Behm
Gruel Mills Nims & Pylman LLP
50 Monroe Avenue Suite 700 W. Grand Rapids, MI 49503
Phone: (616) 235-5500
Fax: (616) 235-5550
E-mail: trbehm@gmnp.net

Profile

James R. Bradley
Secrest Wardle
6639 Centurion Drive, Suite 130
Lansing, MI 48917
Phone: (517) 886-1224 Ext. 104
Direct Phone: (517) 886-9024
Fax: (517) 886-9284
Email: jbradley@secrestwardle.com

Profile

In This Issue
Message from Chair
Insurance Coverage Advisor
Legislative Update

State Bar of Michigan Negligence Council

CHAIR
Thomas W. Waun
Waun & Parillo PLLC

VICE CHAIR
Steven B. Galbraith
Galbraith, Delie & James PC

SECRETARY
Jody L. Aaron
Johnson Law

TREASURER
Michael R. Janes
Martin, Bacon & Martin PC

COUNCIL
Thomas R. Behm
Gruel Mills Nims & Pylman LLP

Mark Bernstein
Bernstein Law Firm

James R. Bradley
Secrest Wardle

Megan Cavanagh
Garan Lucow Miller PC

Ronald F. DeNardis
DeNardis & Miller PC

Jennifer M. Grieco
Neuman Anderson PC

Ven Johnson
Johnson Law

Anne L. Randall
Portnoy & Roth PC

Robert M. Raitt
Michigan Auto Law

Michael J. Sullivan
Collins, Einhorn, Farrell & Ulanoff PC

EX OFFICIO
Paul J. Manion
Rutledge, Manion, Rabaut, Terry & Thomas PC

COMMISSIONER LIAISON
Brian D. Einhorn
Collins, Einhorn, Farrell & Ulanoff PC

LOBBYIST
Todd N. Tennis, Lansing

EDITORS
Anne L. Randall
Michael J. Sullivan

EXECUTIVE DIRECTOR
Madelyne Lawry

Advertise in this publication—contact Madelyne Lawry, Advertising Information
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Negligence Law Section
PO Box 66
Grand Ledge, MI 48837
neglawsection@comcast.net
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