Volume 12 #2
Spring 2021
Message from the Chair











Thomas R. Behm
Gruel Mills Nims & Pylman PLLC
This year the Negligence Law Section has the pleasure of honoring six outstanding individuals for their contribution to the legal profession and their unwavering commitment to excellence. Each of the award recipients will be honored this summer at the Past Chairpersons Dinner to be held at the Detroit Golf Club on June 24, 2021, or at the Summer Reception to be held at the Cascade Hills Country Club on August 12, 2021. Please join me in congratulating this years’ recipients...
Government Affairs Update











Todd Tennis
Capitol Services
Whenever you have the Legislative and Executive Branches of government controlled by different political parties, some acrimony is expected. There is always tension and competition to win not only favored policies, but also to win the public relations battle. However, a solid year of pandemic restrictions have raised the temperature to unprecedented levels in Lansing. The Legislature has already been victorious in one lawsuit against Governor Whitmer, and it is possible that another may be coming soon to a courtroom near you...
Pay It Forward













Emily G. Thomas
Olsman MacKenzie Peacock & Wallace
For new lawyers, the best teacher is experience. However, an even better teacher is someone who can impart experiences that a new lawyer has not been blessed to have had. As Albert Einstein once said “A person who never made a mistake never tried anything new.” During this pandemic we were arguably all new lawyers, we all learned a way to practice law in the new virtual world. A year after the courts and our practices shut their doors to the public, we’ve all been practicing at home for what seems like a long time...
Amicus Brief: Ronald Tinsley v Norman Yatooma















Matthew G. Swartz
Nolan & shafer PLLC
Does Michigan law prohibit enforcement of a fee agreement containing a mandatory arbitration provision which eliminates the right to a jury trial, eliminates appellate reviewability of substantive and procedural errors, and eliminates traditional discovery rights, and where client did not consult with independent counsel regarding the arbitration provision, and was not advised as to all implications of the provision?..
Insurance Report












Robert June
Law Offices of Robert June PC
Understanding endorsements and riders to the insurance policy is essential in any case
involving a coverage dispute. It seems simple enough – the endorsement trumps the terms of the policy, so just enforce the terms of the endorsement and that is the end of the inquiry. But as with interpretation of any contract, reconciling endorsements with underlying insurance policies can sometimes prove tricky...
Predispute Arbitration Clauses: A Conflict of Rights
Donna M. MacKenzie
Olsman MacKenzie Peacock & Wallace
John Whitman
Garan Lucow Miller PC
Can an attorney include an arbitration clause in a client engagement agreement? Does an arbitration agreement in an employment contract allow an employer to compel arbitration of claims of sexual assault by an employee? As these important questions have been presented to the Michigan Supreme Court recently, we take a deeper dive into the current status of predispute arbitration agreements under Michigan law as well as the arguments for and against such agreements...
Announcing 2021 Awards Recipient
Judicial Excellence Award Recipient
Honorable Janet T. Neff
US District Court - Western
 
In appreciation of her continued commitment to amicable resolution of civil disputes and for recognizing the benefit of allowing skilled litigators to exercise their craft in the courtroom, the Negligence Section of the State Bar of Michigan hereby presents this award to Hon. Janet T. Neff.
Outstanding Achievement Award Recipient
E. Thomas McCarthy
Smith Haughey Rice & Roegge PC
 
The Negligence Law Section of the State Bar of Michigan proudly confer this Outstanding Achievement Award upon E. Thomas McCarthy for his distinguished service to the legal community.
Earl J. Cline & Sherwin Schreier Award Recipient
Daniel P. Makarski
Secrest Wardle

In recognition of his superb skills, contributions and outstanding achievements in the field of negligence
law and dispute resolution
Distinguished Service Award Recipient
Todd Tennis
Capitol Services Inc.

In recognition of extraordinary service to the Negligence Law Section and a sustained commitment to the Section, its members and its mission.
Distinguished Service Award Recipient
Madelyne C. Lawry
Shared Resources LLC

In recognition of extraordinary service to the Negligence Law Section and a sustained commitment to the Section, its members and its mission.
Distinguished Mediator Award
William W. Jack Jr.
Smith Haughey Rice & Roegge PC

In recognition of extraordinary skills, civility, ethics and decorum in the field of negligence law as a Mediator.
Michigan Lawyers Weekly wants to hear about your 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 the editor at (800) 678-5297 or editor@mi.lawyersweekly.com.
Special Offer from the MAJ and MDTC
The Michigan Association for Justice in cooperation with The Michigan Defense Trial Counsel 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 each week from people looking for lawyers. Many of these are unable to find a match because there are not enough attorneys in some geographic areas or in some practice areas. For more than a year we have been revising and improving the LRS. The result is a system that produces better matches for attorneys and consumers alike. We are ready to begin a significant marketing initiative to consumers and we need more lawyers to participate as panel members.

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

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


Click here to learn more about LRS
Click here to learn more about joining one or more of our LRS panels
Click here to learn more about Limited Scope practice
Remember to renew your membership to the Negligence Section when you renew your State Bar Annual Dues!
Negligence Law Section's LinkedIn Page
Did you know that the Negligence Law Section has a LinkedIn page? We share lots of information, including when events are taking place, interesting articles from both our own members and other pages. We encourage you to follow our page! Click the link below and then click the follow button in the upper left corner.
Negligence Law Section October Seminar
Save the Date!
Best Practices for Pleading Issues, MSD, Motions in Limine and Interlocutory Appeals and Trial/Post Trial Proceedings

Thursday, October 14, 2021
MSU Education Center
811 W Square Lake Rd, Troy, MI 48098
MAJ'S Annual Trial Advocacy Seminar
When: Friday, May 7th, 2021 – 9:00 AM - 3:15 PM
Where: ZOOM
Program:

9:00 am - Maximizing Damages in Wrongful Death Cases - Sach Oliver - Bailey & Oliver Law Firm, AR

10:00 am - Rethinking Your Damages Paradigm to Maximize Results - Joe Fried - Fried Goldberg LLC, GA

11:00 am - Break

11:15 am - Costliest Mistakes Plaintiff Lawyers Make - Lesson From 10 Years Trying Cases on the Defense Side - Tim Holland - Michigan Auto Law, MI

12:15 pm - Break

12:45 pm - Thinking Out of the Box - Demonstrative Evidence and Trial Strategies that Can Add Millions to Your Case - Allegra Carpenter - Allegra Carpenter Law, NM

1:45 pm - Applying Overcoming Jury Bias Principles, The Reptile Safety Rules, Rules of the Road, and New Research on COVID Bias to Your Case - Lance Sears - Sears & Associates, PC, CO

2:45 pm - Q/A
State Bar of Michigan Negligence Council
Thomas R. Behm
Chairperson
Gruel Mills Nims & Pylman PLLC
Robert F. Riley
Vice Chair
Riley & Hurley PC
Chad D. Engelhardt
Secretary
Goethel Engelhardt PLLC
Timothy A. Diemer
Treasurer
Jacobs and Diemer PC
Debra A. Freid
Council Member
Freid Gallagher Taylor & Associates PC
Mark A. Gilchrist
Council Member
Smith Haughey Rice & Roegge
Mark R. Granzotto
Council Member
Mark Granzotto PC
Jenna Wright Greenman
Council Member
Kitch Drutchas Wagner Valitutti & Sherbrook
Deborah A. Lujan
Council Member
Collins Einhorn Farrell PC
Donna M. MacKenzie
Council Member
Olsman MacKenzie Peacock & Wallace
Todd J. Stearn
Council Member
Law Offices of Todd J Stearn PLC
Jeffrey L. Ver Beek
Council Member
Ruggirello Velardo Novara & Ver Beek PC
Bryan J. Waldman
Council Member
Sinas Dramis Law Firm
Thomas H. Howlett
Commissioner Liaison
The Googasian Firm PC
James R. Bradley
Immediate Past Chair
Emily G. Thomas
Young Lawyers Committee
Olsman MacKenzie Peacock & Wallace
Kyle N. Smith
Young Lawyers Committee
Collins Einhorn Farrell PC
John W. Whitman
Garan Lucow Miller PC
Barry J. Goodman
Minister of Fun
Goodman Acker PC
Advertise in the next Negligence Section E-Newsletter!
Contact Madelyne Lawry for Advertising Information
Barry J. Goodman
Minister of Fun
Goodman Acker PC
The Neg Law E-News comes to you as a member benefit