Negligence Law Section e-Newsletter
Issue 3 Volume 4 Summer 2012

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

My term as chair comes to an end during the upcoming State Bar Meeting in September. It has been a challenging but productive year of which the entire Negligence Council can be proud. I owe many thanks to our executive director Madelyne Lawry for her tireless efforts that made me look good and the Council even better. Our lobbyist Todd Tennis continues to be a strong asset in keeping us up to speed on all proposed legislation that affects the interests of trial lawyers and the right to jury trial.

I would also like to extend my profound thanks to all Negligence Council Members for sacrificing their time to pursue the interests aforesaid mentioned. Many complicated and difficult matters were considered. All were handled with the commitment and passion one would expect in the courtroom, but with great civility as well.

Be assured that all Negligence Section Members will be well represented by the Council in the future. Thanks for the opportunity to serve as a Council Member. I enjoyed it completely, made some new friends, and actually settled a case.

Americans Think the Legal System is Broken. Are They Right?

David S. Mittleman

In late June, new polling data seemed to confirm what many Michigan lawyers have suspected for years: Americans are losing their faith in the justice system. The survey, conducted at the behest of Common Good, a nonpartisan group whose mission is to "offer[] new ideas to restore common sense to all three branches of government[,]" reveals a number of troubling findings. Unfortunately, the attitudes of the respondents reflect an aggressive and long-standing campaign to undermine citizens' trust.

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I have been on the Executive Board of the Michigan Association for Justice since 1985. I was appointed to the Michigan Supreme Court Civil Model Jury Instructions Committee. Elected Treasurer of the Michigan Democratic Party, appointed by Governor Granholm Chair of the Michigan Public Educational Facilities Authority, and recently appointed to the Council of the Negligence section of the State Bar of Michigan. I have been married to my wife Jill since 1985 and we are very proud of our two children, Hannah and Max.

Contact Info:
Church Wyble PC
2827 E Saginaw St
517-372-1011

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

Hal O. Carroll

The certificate of insurance is often a source of confusion. A commonly held belief is that it makes the certificate holder an additional insured under a policy. The scenario is generally the same. There is a construction project, and the general contractor (or owner or both) requires that the subcontractor provide a certificate of insurance. The sub calls its insurance agent, which generates a certificate on the familiar "Accord" form. The form lists the sub's insurance policies in a few boxes near the top, and at the bottom the agent adds words like: "General Contractor is an additional insured with respect to project X." Then the sub's employee is injured; the employee can't sue the sub, so the sub's employee sues the general. The general tenders to its insurer, and it also tenders to the sub's insurer, so that there will be two insurers top bear the loss. Or the general's insurer demands that the sub's insurer take part in the defense and the indemnity.

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Hal Carroll is a founder and the first chair of the Insurance and Indemnity Law Section of the State Bar of Michigan. He represents insureds and policyholders in insurance coverage disputes. He is a chapter author of Michigan Insurance Law and Practice, published by ICLE, and has lectured and written many articles in the areas of insurance coverage and indemnity. His website is www.HalOCarrollEsq.com and he can be reached at HOC@HalOCarrollEsq.com or (734) 645-1404.

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

Debate on Future of Medical Malpractice Rages in Senate

Todd Tennis

Nearly 20 years ago, Michigan enacted what are generally regarded as the toughest "tort reforms" in the nation for medical malpractice. Bills were enacted that created caps on non-economic damages, requirements for affidavits of merit (and meritorious defense), as well as other legal hoops and obstacles that made pursuit of malpractice litigation an immensely costly (and risky) endeavor. As a result, medical malpractice filings in Michigan have dropped by two-thirds in the last decade.

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Save the Date!

Negligence Law Section Annual Meeting and Program
Friday, September 21, 2012
1:00-3:00 p.m.
Devos Place/Amway Grand Plaza, Grand Rapids

Michigan Supreme Court Candidate Forum

All six candidates who will be running for the MSC in November will be invited to come speak to our section at an open forum, where predetermined questions will be asked of all the participants. Open debate will be encouraged. Specific one on one time will be left after the Forum concludes for questions to be asked directly to those candidates that choose to stay after the Forum concludes.

Photos from Summer Reception


Ann and William Booth


Hon. Michael J. Kelly, William Booth, and Paul Manion


Jules Olsman and Paul Manion


Judy Aron, Brian Einhorn, and Gerald Weiss

Park Place Hotel

Sunday, August 5, 2012

Outstanding Achievement Award 2012

The Negligence Law Section of the State Bar of Michigan proudly confers this Outstanding Achievement Award upon William D. Booth For his/her distinguished service to the legal community.

History of Recipients:

2008—Justice Elizabeth Weaver
2009—Attorney, Dean Robb
2010—Judge Elizabeth Gleicher, Michigan Court of Appeals
2011—Justice Michael Cavanagh
2012—Willam D. Booth

In This Issue
Message from Chair
Insurance Coverage Advisor
Legislative Update

State Bar of Michigan Negligence Council

CHAIR
Paul J. Manion
Rutledge, Manion, Rabaut,
Terry & Thomas PC

VICE CHAIR
Thomas W. Waun
Waun & Parillo PLLC

SECRETARY
Steven B. Galbraith
Galbraith, Delie & James PC

TREASURER
Jody L. Aaron
McKeen & Associates PC

COUNCIL
Mark Bernstein
Bernstein Law Firm

Ronald F. DeNardis
DeNardis & Miller PC

Jennifer M. Grieco
Neuman Anderson PC

Michael R. Janes
Martin, Bacon & Martin PC

Ven Johnson
Johnson Law

David Mittleman
Church Wyble PC

Anne L. Randall
Portnoy & Roth PC

Robert M. Raitt
Michigan Auto Law

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

EX OFFICIO
David E. Christensen
Gursten, Koltonow, Gursten, Christensen & Raitt 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
Contact Us
Negligence Law Section
PO Box 66
Grand Ledge, MI 48837
neglawsection@comcast.net
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