Negligence Law Section e-Newsletter
Issue 2 Volume 2 Winter 2011

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

The Negligence Council has been busy concerning a number of Legislative Proposals, which directly affect the rights of Michigan citizens and negligence law. You have learned of some of these issues and the Counsel's approach to them through our new E-News Flash authored by Defense Council Member, Steve Galbraith. The Council hopes you find the method the communication helpful and relevant. If you have not seen the E-News Flash, you should be aware that the Council has been active in opposing House Bill 4936, which if enacted would significantly the handling of first party PIP benefits.

At our December, 2011 meeting, we had as a special guest, State Representative Kurt Heise from the Plymouth area. We had an interesting and lively discussion and ultimately supported Representative Heise's House Bill 4647, which would permit a Court to allow expert testimony at Trial by video communication with the consent of the parties involved. The Counsel also supported Representative Heise's House Bill 4691, which would allow for an exemption from Jury Duty for nursing mothers.

There are worthwhile upcoming Negligence Section events that I would like to draw to your attention. The Negligence Law Section, together with the MAJ and MDTC, have a terrific Seminar scheduled on April 26, 2012 through April 29, 2012 at the Bellagio in Las Vegas, Nevada. The Program will be excellent and the camaraderie enjoyable. Also, our Summer meeting is scheduled for August 5, 2012 at the Park Place Hotel in Traverse City, Michigan. It will be followed by golf at the Kingsley Club on August 6, 2012.

Civil Discovery of Social Networking Information: The State of the Art

Trent B. Collier

Social networking services like Facebook and Twitter are, in a sense, personal diaries-records of daily events and candid reactions, often complete with pictures and videos. But these ostensibly "personal" records are shared with dozens, hundreds, or even thousands of other people, including family members, social and professional acquaintances, co-workers, childhood friends, and everyone in between. Although some social networking sites offer degrees of privacy control, most leave the user with a product that is at once public and private.

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Hal O. Carroll
Vandeveer Garzia PC

Indemnity clauses cause a lot of headaches. First, no one pays attention to them until after the accident happens and the defendants start filing crossclaims. Second, they are contracts that apply to tort liability, so two areas of law that are based on fundamentally different and inconsistent principles, are colliding. Third, the result is that many lawyers, and sadly many judges, have trouble understanding them.

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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. He can be reached at hcarroll@VGpcLAW.com, hcarroll@chartermi.net, or (248) 312-2909.

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.

The Legislature adjourned for 2011 and is preparing for 2012. 2011 was a year of major accomplishments for Governor Snyder and the Republican-led Michigan Legislature. These accomplishments included major changes to public employee pension and benefit policies, the passage of an anti-bullying policy for public schools, the elimination of public teacher tenure, an expansion of the cap on charter schools, and large revisions to Michigan's Workers Compensation and Unemployment Compensation systems. 2011's signature moment was likely the elimination of the Michigan Business Tax, which was a long-term goal of Michigan business groups. Read Article

2012 Spring Meeting

April 26–29, 2012
Bellagio, Las Vegas

Sponsors:
Bienenstock Court Reporting & Video—Lauren Bienenstock 30800 Telegraph Rd., Bingham Farms, MI 48025 Ph: 248.644.8888 / Fax: 248.644.1120 / Lauren@bienenstock.com

Lawsuit Financial Corporation—Mark M. Bello 29777 Telegraph Rd., Ste 1310, Southfield, MI 48037 Ph: 248.948.1800 / Fax: 248.948.1802 / lawsuitllc@yahoo.com

Leading Technologies, LLC, Consultants and Forensic Experts—Robert Yano 18118 US 20, Fayette, OH 43521 Ph: 419.452.6992 / Fax: 419.452.6993/ Bob@LTForensicExperts.com

Legal Copy Services, Inc.—Beth Cannon 781-B Kenmoor Ave, SE, Grand Rapids, MI 49501 Ph: 616.949.1614 /Fax: 616.949.6472 / bcannon@legalcopyservices.com

Daniel P. Makarski Alternative Dispute Resolution Secrest, Wardle, Lynch, Hampton, Truex & Morley PC 94 Macomb Pl, Mt. Clemens, MI 48043 Ph: 586.465.7180 x 3101 / Fax: 586.465.0673 / dmakarski@secrestwardle.com

Ringler Associates—Mark Vogel 85 Campau NW, # 302 Grand Rapids, MI 49503 Ph: 616-235-1400 / Fax: 616-235-1450 mvogel@ringlerassociates.com

Summer Meeting

Park Place Hotel

Reception
5–7 p.m.
Sunday, August 5, 2012
Park Place Hotel

After Glow
9–10 p.m.
Beacon Lounge
@ Park Place Hotel

Golf
9:00 a.m.
Monday, August 6, 2012
Kingsley Club

All golfers must provide a valid credit card to use in the event of a late cancellation or no-show. All credit card numbers will be secured and only used if the golfer does not cancel prior to July 14, 2012 or does not show up on August 6, 2012.

William N. Kritselis

A prominent local attorney, and for many a dear friend, passed away December 2 at Sparrow Hospital. He was named "Most Respected Advocate" by the Michigan Defense Bar in 2006. His full obituary can be found here.

In This Issue
Message from Chair
Insurance Coverage Advisor
Lawyers Weekly Needs You
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
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Negligence Law Section
PO Box 66
Grand Ledge, MI 48837
neglawsection@comcast.net
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