Bar Briefs · James Maceroni [2016] (586) 465-4900 Peter W. Peacock [2016 ... In mediations, ......

Bar BriefsOfficial Publication of the Macomb County Bar Association

Volume 33 Number 05

November 2014

James and Patrick simasko

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WE WELCOME YOUR CLIENT REFERRALS

In This Issue: November 20144 From The President Civil Wars vs Professionalism By John B. DeMoss, President of the Macomb County Bar Association

7 From the E.D. MacombBar.org By Rick R. Troy, Executive Director, Macomb County Bar Association and Foundation

8 Circuit Court Corner By Jennifer M. Phillips, 16th Judicial Circuit Court Administrator

10 Some Evidence By Hon. Carl J. Marlinga, Macomb County Probate Court

12 Installation Ball Spotlight

16 Guest Article Holiday Happenings in Macomb County By Colleen S. Orr, Attorney at Law

19 State Bar of Michigan Annual Meeting Spotlight

20 Civil Committee Article Ordinary Negligence vs Premises Liability Attempting to Un-Muddy The Waters By Dan P. Beck, Metro-Detroit Injury Law PLLC

26 Classifieds

OctOber 2014

Macomb County Bar Association2014-2015

Board of Directors

PresidentJohn B. DeMoss(586) 469-9090

President ElectDonald P. DeNault Jr.(586) 726-1000

SecretaryStephen Becker(586) 615-5617

TreasurerKaren Trickey Pappas(586) 465-8227 Immediate Past PresidentJulie Gatti(586) 469-1111

Directors / Term Ending Joseph Golden [2015](248) 398-9800R. Timothy Kohler [2015](586) 263-1600Dawn Prokopec [2015](586) 778-7778Jon C. Biernat [2016](586) 493-5377James Maceroni [2016](586) 465-4900Peter W. Peacock [2016] (586) 466-7605Donald Gillain [2017] (586) 481-4297 Ryan Machasic [2017] (586) 914-6140Lori Smith [2017] (586) 420-3707Young Lawyers Section Chair Francesco Briguglio [2015](248) 593-9090Women Lawyers Association of Michigan - Macomb Region Maryanne J. Deneweth [2015](586) 412-4900

MCBA StaffExecutive DirectorRick R. [email protected]

Associate Executive & Communications Director Dawn M. Fraylick [email protected]

Membership and Events DirectorLauren [email protected]

Editors Note: The expressions of opinion published in Bar Briefs do not necessarily reflect the official position of the MCBA, nor does this publica-tion constitute an endorsement of the views expressed. Bar Briefs (ISSN0886-506X) is published monthly by the Macomb County Bar Associa-

tion. Copyright 2014 by the Macomb County Bar Association. Call (586) 468-2940 for advertising information. Subscription price of $45 is included in the annual membership dues. Periodical class postage paid at Mt. Clemens, MI 48043. POSTMASTER: Send

address correction to MCBA Bar Briefs, 40 North Main St., Suite 435, Mt. Clemens, MI 48043-1037.

Macomb County Bar Association Macomb County Circuit Court Building, 40 North Main St., Suite 435

Mount Clemens, MI 48043-1037Phone: (586) 468-2940 • Fax: (586) 468-6926 • MacombBar.org

“Advocating and promoting excellence in the legal profession by delivering quality service to our members and the public.”

NoVeMBer 2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

Nov 4 Court Closed Election DayNov 11 Court Closed Veteran’s DayNov. 12 12:00pm Criminal Law Committee MeetingNov. 13 7:00pm Wine Down for Fall - “A Wine Tasting Event” Nov. 19 8:00am MCBF Board MeetingNov. 20 5:00pm MCBA Board MeetingNov. 24 11:30am Juvenile & Criminal CLE“ICWA”

DeCeMBer 2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

Dec. 4 5:00pm YLS Holiday PartyDec. 9 12:00pm Juvenile Law Committee MeetingDec. 10 12:00pm Criminal Law Committee Meeting Dec. 9 4:00pm ADR Law Committee Meeting Dec 17 8:00am MCBF Board MeetingDec. 18 5:00pm MCBA Board MeetingDec 24 Court Closed Christmas Eve Dec 25 Court Closed Christmas Day Dec 31 Court Closed New Year’s Eve

Bar Briefs • November 20144

From the President

Civil Wars vs. ProfessionalismBy John B. DeMoss,

Macomb County Bar Association President

MacombBar.org

“True, we [lawyers] build no bridges. We raise no towers. We construct no engines. We paint no pictures--unless as amateurs for our

own principal amusement. There is little of all that we do which the eye of man can see. But we smoothoutdifficulties;werelievestress;wecorrectmistakes;wetakeupothermen’sburdensandbyour efforts we make possible the peaceful life of men in a peaceful state.”--John W. Davis. Doesn’t that sound wonderful? The vast majority of attorneys do act as if the law was their calling. They vigorously pursue their clients’ interests, while remembering to show respect and courtesy to the Court and their opponents. This article concerns the minority who conduct their practice with a win at any cost mentality. They drive up the time and cost of litigation with needless motions and discovery, and regularly fail to file timely responsive pleadings. They act as a bully with personal attacks on opposing counsel and witnesses. Dishonest behavior is frequently used, including material omissions in pleadings. It never ceases to surprise me that attorneys will show disrespect to the Court by arriving hours late (or not at all) for scheduled hearings. In my wildest dreams, I would never consider treating the Court in that manner. I have also seen attorneys act in a rude and discourteous manner to the Court’s staff. Arguing with the Court after the Judge has made

a ruling, often exceeds the standards of behavior as well.

“A good lawyer is a bad neighbor.”--ancient proverb.

Unfortunately, not every attorney aspires to the high ethical standards expected of our profession. When a lawyer disrespects another attorney (or the Court), he is also indicating his disrespect for himself and everyone else in the legal community. If the pursuit of money and the belief that winning at all costs has become your highest priority, I would suggest that your ethical standards are due for a major overhaul. The media does not help our reputation with the public. Unethical “gunslinger” attorneys must draw higher ratings, because they seem to dominate movies and TV. I assume ratings also drives the unrealistically high percentage of news coverage involving bombastic, rude attorneys.

A large segment of the public thinks of lawyers as dishonest, hired guns who will do anything to win. I suggest to you that public disgust could ultimately cause politicians to replace attorneys. Japan has had little use for

From the President

attorneys throughout most of its extensive history.

“Anything that harms the reputationofthebarharmsalllawyers;

anything that helps the reputation of the bar helps all lawyers.”--Saul Linowitz. We must treat opposing counsel, witnesses, and the Court with respect and courtesy. Not only is this discourteous behavior unethical, it is not efficient. Judges have a strong dislike for rude lawyers. In mediations, I have seen attorneys and parties tighten up when attacked. They lose the flexibility needed for settlement. Settlement takes hours longer, or does not occur at all. There is no room for this type of conduct in the ready. According to a Johns Hopkins University study of more than 100 occupations, researchers found that lawyers lead the nation with the highest incidence of depression.1 The ABA estimates that 15-20 percent of all U.S. lawyers suffer from alcoholism or substance abuse.2 An ABA Young Lawyers Division survey indicated that 41 percent of female attorneys were unhappy with their jobs.3 Seven in ten lawyers responding to a California Lawyers magazine poll said they would change careers if the opportunity arose.4 In 1996, lawyers overtook dentists as the profession with the highest rate of suicide.5

What can we do to discourage the junkyard dog behavior? 1. Judges need to fine and sanction rude and overly aggressive counsel; 2. Judges are not magically aware you have settled your case. You must enter a dismissal with the Court prior

to your scheduled appearance. If that can’t be done, you should make a courtesy call to the Court and ask for an adjournment. You should then file the dismissal prior to the new date; 3. If you know you are going to be running late, make a courtesy call to the Court and to your opponent; 4. When you are dealing with an unprofessional opponent, do not lower yourself to his or her level; 5. Perhaps we need a Court rule requiring “lay down” discovery very early in the litigation; 6. Some Courts have adopted discovery masters. Their decisions are published on the internet to set proper standards of conduct. These masters have the ability to award fines and sanctions for improper behavior. “An eye for eye only ends up making the whole world blind.”--Gandhi “Life is ten percent what happens to you and ninety percent how you respond to it.”--Lou Holtz If you recognize yourself in this discussion, STOP! We have a duty to the public that includes acting in an ethical manner. Help us restore the public’s trust in attorneys. Help us keep the stress level as manageable as possible. Lawyers are supposed to help peacefully resolve disputes. Perhaps no one could explain it more succinctly than George Carlin: “Fighting for peace is like screwing for virginity.”--George Carlin

1 Eaton, W.W. (1990). Occupations and the prevalence of major depressive disorder. Journal of Occupational Medicine, 32 (11), 1079-1087. 2Jones, D. (2001). Career killers. In B.P. Crowley, & M.L. Winick (Eds.). A guide to the basic law practice. Alliance Press, 180-197.3Moss, D.C. (Feb., 1991). Lawyer personality. ABA Journal, 34.4Dolan, M. (June 28, 1995). “Disenchantment growing pervasive among barristers,” Houston Chronicle, 5A.

5Greiner, M. (Sept, 1996). What about me? Texas Bar Journal.

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From the e.d.

macombBar.orgBy Rick R. Troy, Executive Director, Macomb County Bar Association and

Macomb County Bar Foundation

The website underwent a complete makeover in 2012 and then, in the spring of 2014 everything began to change again. The current changes are largely due to our Association Management System being bought out by another data management company company. The benefit to you is that there are many new convenient features and increased communicative functionality for you to work with your bar association and fellow members. Take a few moments with us here and walk through a couple of the new features. Go to MacomBar.org and save it as a favorite or bookmark it using your Internet browser tool bar. If you are a MCBA member you have a username and password. Your default username is your first name and last name with no spaces. If you have forgotten your password you can click on “forgot your password”. Follow the instructions that will be emailed to you on how to reset your password. Once logged in you have access to members only pages on the website. For example, you can now see archived Bar Briefs, the Macomb County Court Directory, Law Practice Committee pages, Member Directory and much more. The first screen you come to after logging in is the “Manage Profile” page. From here you are able to edit your personal and professional contact information, add yourself to law practice committees that you wish to be a part of and set your email preferences. You can also register and pay for events using the calendar module located on the right had side of every page of the website. To view the entire calendar click on “more” and the

calendar will give you a complete list of events. To register for an event simply click

on the “register”. You can also see who else has registered by clicking on “view registrants”. A neat way to see who else is will be there! To pay for events the site will prompt you to select the event and it will give you payment options including “ bill me”, “check/money order”, or “credit card”. If you choose to proceed with credit card purchase simply follow the instructions and a receipt will be automatically emailed to you.

You are now completely registered to attend that event! If you use bill me, an invoice will be automatically emailed to you. You are now registered for the event but you will receive automated reminders that you have an outstanding invoice. If you mail a check, a receipt will be emailed

to you when your check is processed. Keep in mind that when you call the office and pay by credit card or when you send a check

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From the e.d.

to the MCBA office, you will receive an invoice and then, when the

payment is processed, you will receive a receipt, all via email.

Also, you can pay any of your invoices at any time by logging in to your “Manage Profile” page and clicking on “Invoicing, Payments and History”. Hint. Whenever you register for an event click on the box; “Update the Professional Information section of My Profile”. Not sure if opposing counsel is a member of the MCBA or you don’t know who they are? Search them using the site’s member directory. Roll over “Members” on the navigation menu and a drop down will appear. Roll over “Member Resources” and a sub menu will appear. Roll over “Member Search” and click. From here you can enter a name or search by “Group” for a MCBA Committee. So if you want to see if someone is part of the ADR committee click on ADR Committee. Once you find the member you are looking for you can message them or post

on their wall (just like Facebook). Ever think of referring a friend to the MCBA? It is super easy to do from the “Member Profile” page. Click on “Refer a Friend” located in the MY PROFILE box located on the on the right hand side of the site. Use the form to invite friends to join the website. A link back to the website will be automatically included when you send the invitation via the form below. Alternatively, you may copy and paste “your referral direct link” to send invitations using email, chat or another application. To view the friends who have registered via your referral, click on the “my referrals” link below. You will also be able to see any second and third degree referrals you may have. MacombBar.org is a feature rich website that is driving the MCBA into the future. We will continue to inform you of the current functionality and, as new features become available, we will share those with you too. If you ever have questions, please feel free to call the bar office.

Circuit Court CornerBy Jennifer M. Phillips,

16th Judicial Circuit Court Administrator

CirCUit CoUrt Corner

MacombBar.org

New Case Evaluation Panels

The 16th Judicial Circuit Court has adopted, and SCAO has approved, a new Local Administrative Order, In re: Selec-tion of Case Evaluators and Case Evaluation Panels, LAO #2014-16. Pursuant to the new LAO, the 16th Judicial Circuit Court will now maintain specialized lists for the following ar-eas: personal injury/negligence law, commercial law, medical malpractice law, labor and employment law, product liability law, and complex commercial law. The Court would like to begin utilizing the new panels in early 2015, so the application period for case evaluators is extended until November 1, 2014. A new application was created for case evaluators, which is accessible at http://circuit-court.macombgov.org/Circuit_Court-Case_Evaluations/ADR. If you have already submitted your case evaluator application and wish to apply for one of the newly created specialized pan-els, please submit the new application by November 1, 2014. If you are not up for renewal, but wish to submit an application for a newly created specialized panel, you are also welcome to submit the new application by November 1, 2014. Addition-ally, applicants are permitted to submit their applications in teams of three for approval. The Case Evaluation page of our website has recently been updated to include more informa-tion. Please contact Paula Barron, ADR Clerk, at 586-469-6479, or [email protected] with any questions or concerns.

Felony Pleas at District Court

Effective January 1, 2015, pursuant to 2014 Public Acts 123 and 124, several statutory amendments regarding preliminary exam reform will be enacted. The major changes are that

district courts will be required to conduct probable cause conferences on felony cases and district

court judges will be required to accept felony pleas if an agree-ment is reached between the parties. The circuit court sentenc-ing judge must be assigned and known to the parties before the plea is taken. Currently, the 16th Circuit has a pilot program in place with Judge Gerds of the 38th District Court in East-pointe. We are looking to expand upon the model and upgrade our judge assignment process through our case management system. We are working closely with the Judges and Admin-istrators in the District Courts to have an efficient process in place by January.

8 Bar Briefs • November 2014

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This month we (finally) look at MRE 803, which rule enumerates twenty four exceptions to the hearsay rule. These exceptions allow introduction

of unsworn, un-cross-examined, out of court statements for the explicit purpose of establishing that what was said or written is the truth. Remember, when this all started several centuries ago, juries were allowed to hear everything – facts, opinions, rumor, innuendo, and the ab-solutely best gossip – and were then charged with the task, as the conscience of the community, to sort it all out. Over decades, and then centuries, judges and scholars figured out that cer-tain information was almost always mis-leading. Sure, juries could, and often did, work through the mis-leading information in order to arrive at the truth, but as a matter of common sense and good public policy, rules of evidence were developed to streamline the search for the truth and to prevent the occasional jury from reaching a verdict that the jurors would surely regret if they thought about it more after the trial. The hearsay rule and its exceptions are perfect example of this process. (I can hear a 14h Century judge saying to a jury: “You, members of the jury, evidently believed that Garth was at church when John’s cow was stolen because the neighbor who testified said that Garth’s mother had told him

it was so. Woe to us for we never actually heard from Garth’s mother, for she was not called as a witness.

On reflection I think that Garth may not have been at church at all. We never heard from a person who actually saw him there. I will be sure to tell my next jury about what happened in this case so it will be an example to them.”) Leaving behind Peabody and the Wayback Machine and re-turning to a discussion of the present-day rules, the hearsay rule and its exceptions rely on these three time-tested considerations: 1. It is always better to hear from a witness who actually observed the event, so that we can see how that witness reacts

when questioned under oath in order to decide whether the witness is being both accurate and truthful. 2. Sometimes we do not actually need to see and hear a person because it does not matter if that person was either truth-ful or accurate. It is only important to know that something was said or written because there is significance in what was said or written regardless of its truth or falsity.

3. In certain circumstances, things that are said or written are so often truthful and accurate that we feel safe in assuming the truthfulness and accuracy even without having to hear a wit-ness examined under oath in person. MRE 801 and MRE 802 are the codifications of the first two considerations. MRE 803 is a codification of the third. Let’s take a look at the first exception set forth in MRE 803 to illustrate the point. MRE 803(1) allows in evidence of an unsworn, un-cross-examined, out of court statement to prove that an event occurred or a condition existed by quoting an out of court

some evidenceBy Hon. Carl J. Marlinga,

Macomb County Probate Court

some evidenCe

10MacombBar.org Bar Briefs • November 2014

11MacombBar.org

some evidenCe

observer of the event or condi-tion, provided that this out of court ob-

server made the statement at the time that the event or condition was perceived – or immediately thereafter.

This exception is premised on our common experience that when people are commenting on events as they happen, there is little or no time to make up a lie and no likely motive to en-gage in a fiction. If the person I am talking to on the telephone suddenly says, “Oh wait a minute, somebody’s knocking on the door,” it is not likely that she is making that up. She could be, but our interactions with our fellow human beings over the years tell us that such running commentaries about things as they happen are almost always true. If I would be called as a witness in a case involving this person’s tragic disappear-ance, an attorney for one of the parties would be allowed to get in evidence through my testimony the fact that during my phone call with this person, somebody knocked on her door. (Of course, the jury still has the right and duty to determine if I am lying or being inaccurate about my memory of the phone call. Likewise, the jury can still decide what weight to give this information. The rule simply says that the information is admissible; it does not say that the jury must believe it.) Let’s also say that in the same conversation, this now missing person also told me, “You know, I was shopping at the mall this morning.” An attorney for one of the parties might want to get that statement into evidence because it would bolster that attorney’s explanation about what hap-pened to the missing person. This latter statement would not be admissible because it is not a report of an event as it is happening or shortly thereafter. When time passes, there is time to think, and, likewise, time to create a fiction. In People v. Slaton, 135 Mich App 328, 354 NW2d 326 (1984) the Court of Appeals applied MRE 803(1) to allow statements made by a murder victim in the course of a tele-phone call describing events as they were occurring including the fact that someone was breaking in. In People v. Cross, 202 Mich App 138, 508 NW2d 144 (1993) a police officer was allowed to testify about statements made by a little girl who saw a person place money and alleged drugs on the ground in the six-year old child’s back yard. The little girl made the statements to the police within approximately a minute of seeing it happen. In Holden v. Ford Motor Co., 185 Mich App 305, 460 NW2d 316 (1990) MRE 801(1) was cited to admit

statements by a heart attack victim that he had just

walked up the stairs and did not feel well. In Ykimoff v. W.A. Foote Memorial Hospi-tal, 285 Mich App 80, 776 NW2d 114 (2009), appeal denied, 488 Mich 988, 791 NW2d 123 (2010) testimony about a nurse’s comments regarding difficulties in commu-nicating with a physician were deemed not admissible under MRE 801(1) because the comments were not contempora-neous with the event described. In Hewitt v. Grand Trunk Western Railway Co., 123 Mich App 309, 333 NW2d 264 (1983) statements were not allowed because about 30 minutes had elapsed between the time of the event and the time when statements were made to a police officer. Similarly, People v. Bowman, 254 Mich App 142, 656 NW2d 835 (2000) is a case which disallowed a statement because it was made too long after the event. (But see Berryman v. K Mart Corp. 193 Mich App 88, 483 NW2d 642 (1992) in which the Court of Ap-peals, in dictum, said that “immediately thereafter” is not the same as “instantly thereafter”.) The basic policy behind MRE 801(1) is the recognition that the easy, spontaneous, almost mindless, commentary on events as they occur (or shortly after) is not likely to be the vehicle for deception or misdirection. As time increases, however, the opportunity for fabrication increases, and the rationale for admissibility decreases. Next month, we will examine MRE 801(2), the excited utterance exception, which is the natural extension of MRE 801(1). It allows a somewhat longer period of time for admissibility using a related theory about how human beings react in the face of startling events. MRE 801(2) recognizes that when a person is surprised by a startling event, and where the person is still under the stress of the excitement caused by the startling event, anything that the person says about the surprising and startling event is likely to be the truth since there is no time to reflect or fabricate. MRE 801(2), therefore, is an extension of MRE 801(1) to permit the admission of statements based on the type of event witnessed and further based upon the declarant’s reaction to it. Since the excitement of the event can last for several min-utes, or even several hours (and in some cases possibly even days) the rules for admissibility allow for a longer period of time between the event and the statement – at least in some circumstances.


InstallatIon Ball - septemBer 12, 2014

2014-2015 Board of Directors - Director Ryan Machasic,

Treasurer Karen Trickey Pappas, President-Elect Donald P.

DeNault, Jr., Director Tim Kohler, YLS Chair Frank Briguglio,

Immediate Past President Julie Gatti, Director Donald

Gillain, President John B. DeMoss, Director Jon Biernat,

Secretary Stephen Becker, Director James Maceroni and

Director Dawn Prokopec. Not Shown: Director Peter W.

Peacock, Director Lori Smith, Director Joseph Golden and

WLAM President Maryanne Deneweth.

Hon. John Foster

swearing on President

John B. DeMoss.

Christina Lejkowski,

Bonnie Rombach and

Kara Kirkpatrick.

InstallatIon Ball - septemBer 12, 2014State Bar of Michgian President Thomas Rombach and

State Bar of Michigan Young Lawyers Section Chair

Andrea Irons.

MCBA Officers and State Bar of Michigan President:

Secretary Stephen Becker, Immediate Past President

Julie Gatti, Treasurer Karen Trickey Pappas, President

John B. DeMoss, President-Elect Donald P. DeNault, Jr.

and State Bar of Michigan President Thomas Rombach.

Secretary Stephen Becker and Director James

Maceroni sharing a good laugh.

State Bar of Michigan

President Thomas

Rombach and Macomb

County Bar Association

President John B.

DeMoss.

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It’s November in Michigan, and that means the weather

is unpredictable, the leaves are dropping, Thanksgiving is just

around the corner, and in Macomb County there are a lot of fun

and interesting things to do in the days and weeks to come. As

the holidays approach, Macomb County offers even more fun

than usual. In the practice of law, there’s always something that

demands your attention and energy, and the end of the year can

be extra busy with work and other obligations, but hopefully

everyone can find time to slow down and enjoy family and friends

and some of the great things the County has to offer at this time of

year. Check out all the great events below, but if you’re planning

to attend, be sure to contact the venue/municipality ahead of time

to confirm dates and times and/or fees before you head out!

Sterling Heights Starting on a more serious note, to honor our brave veterans

on November 11, at 11 am, the City of Sterling Heights will

host a reverent Veterans’ Day Ceremony at the Sterling Heights

Recreation Center. This event is intended to honor all veterans,

but anyone who wishes to express their appreciation, respect

and gratitude for those who have served this great country are

welcome to attend.

If Lakeside Mall is one of your shopping haunts, you won’t

want to miss the holiday kickoff there, Santa will be at the mall

starting November 7.

Clinton Township If like me you’re a huge fan of Partridge Creek, the annual

Tree Lighting ceremony is being held Sunday, November 9 and

be sure there to get there early because it’s a very well attended

event. The actual lighting of Partridge Creek’s holidays lights on

November 9 follows “Tree Lighting Celebration Weekend” which

will be sure to be a lot of fun. Call (586) 226 0330 for more

information.

Mount Clemens Next we head to the county seat, where in Mount Clemens

the city has so much to offer, and there are a lot of exciting

happenings in November. On November 21, Mount Clemens

hosts its 24th Annual Christmas Open House and Tree Lighting

ceremony. The event starts at the Fountain Stage at 5 pm, with

music provided by the First Presbyterian

Church Arts Academy. Santa himself will be there for the little

ones at 6 pm, and downtown Mount Clemens will be aglow when

the city’s gorgeous holiday decorations are lit. And don’t forget,

Santa will be taking free photos from 6:30 pm until 9 pm. You’ll

also find horse drawn trolleys, and lot of activities for the kids

in local businesses. Please don’t forget to bring an unwrapped

toy for the Mount Clemens Goodfellows “No Child Without a

Christmas” campaign. For more information call (586) 469 4168.

Mount Clemens also boasts the Anton Art Center and from

November 14-December 21 you ought to check it out for its

Christmas market, free to the public, which will feature great gifts

of “fine to functional artwork” made by over 100 artists, mostly

Michigan talent, with lots of affordable options, some for as

little as $5.00, and it also has a gourmet pantry. Yum! For more

information call (586) 469 8666.

If like me you want to support Macomb County businesses,

you won’t want to miss the 5th Annual “Small Business Saturday”

in Mount Clemens on Saturday, November 29. Come on out

and support local independent businesses and you’ll also be part

of a national campaign across the country promoting local and

independent businesses.

And you can’t miss Macomb County’s Santa Parade the day

after Thanksgiving on November 28, which starts at 10 am. It’s

fun for everyone, Santa will be there, there will be gorgeous floats

and marching bands and lots to see as the parade makes its way

from Main Street, to Church Street and over to Clinton Street.

And last but not least in the Clem, December 14-15 you can

join the Crocker House museum for an elegant formal tea. The

event will feature “Simply Dickens” singing well-loved old world

Christmas carols, and the event will offer tea, delicious “mock

Devonshire scones with cream and jam,” lovely tea sandwiches

and desserts. Tickets are limited and non-refundable, and are

$35.00 for members of the Macomb County historical society

and $40.00 for non members. Call (586) 465 2488 for more

information.

Macomb Township Wednesday December 3 is the day that Macomb Township

hosts its 10th annual “Holiday Tree Lighting and After Glow”

which is a free event that will begin outside with

holiday happenings in macomb County

By Colleen S. Orr, Attorney at Law

GUest ArtiCle


17MacombBar.org

GUest ArtiCle

caroling,

a greeting from Macomb

Township officials, and the tree lighting.

Afterward, you can head inside to warmth of

the Recreation Center for crafts, refreshments, kids’

activities, “Carol-o-ke” and visits with Santa!

On Saturday, December 13 at the Marvin Blank Senior

Center, there is an 8.30 am and 10.30 am sitting for “Santa’s

Jingle Bell Brunch” with special appearances by Frosty the

Snowman and Freckle the Frog “in his holiday best.” Resident

fee is $6.00 for all ages, and non-resident fee is $11.00 for all

ages. The event features a delicious continental breakfast and a

chance to visit with Santa. Don’t forget your camera! Contact

(586) 992 2900 for more information.

Shelby Township Moving on with the holiday theme to the north end of the

county, on December 4, Shelby Township hosts its annual

Christmas Aglow, an event not to be missed! I have personally

attended this event in the past, and even on a bitterly cold

early December evening, it’s really worth it to atend. Shelby

Township hosts the event on its Municipal Grounds, and the

event features yummy hot cider, music, there are local high

school dancers to entertain the kids, a horse drawn carriage ride

and crafts for the little ones. Not to mention the beautiful tree

lighting, and of course, merry old St. Nick himself shows up to

greet the crowd. Fun, fun, fun!

If you’re in the Shelby Township area, breakfast with Santa

follows on December 6, another personal favorite of mine, at

the Shelby Township Community Center, and on December 6

and 7 the Burgess-Shadbush Nature Center hosts its Pioneer

Christmas event. On December 11 Shelby Township features a

Dinner and Dancing event with Santa at Cherry Creek Banquet

Center, and on December 14 Santa will make a stop at the

Burgess-Shadbush Nature Center. Contact (586) 731 0300 for

more information.

Warren Heading south down Van Dyke to the beautiful city of Warren,

you won’t want to miss Warren’s Tree Lighting ceremony

on December 6 at Warren’s City Square. The city’s ice rink

will also be open soon, around December 1 depending on the

weather, of course they need it to be cold enough to freeze.

Contact (586) 268 8400 for more information.

Utica Lovely downtown Utica hosts its annual tree lighting

ceremony on Sunday December 7 at the Fire

Station at 7609

Auburn Road. Both the Mayor

of Utica and Santa will be on hand, with

Santa making a grand entrance atop the Utica Fire

Engine, and the municipal buildings will be lit up in

beautiful holiday colors, and there will be festive caroling

as well. This event is free, and after the tree lighting you can

head back to the fire station for delicious cider and donuts. Call

(586) 739 1600 for more information.

Fraser If you’re at the south end of Macomb County, it’s “the

most wonderful time of the year” in Fraser on December 6 from

5.30 pm to 9.30 pm at the Fraser City Hall for the city’s annual

“Christmas in Fraser” event. You’ll experience caroling and

Christmas music, the Christmas tree lighting, refreshments and

Santa himself will be in attendance. Admission is free and you

can contact (586) 296 8483 for more information.

Eastpointe The City of Eastpointe is hosting a field trip to Greenfield

Village for its “Holiday Nights” event on Saturday, December

13 from 6.30-10 pm. The field trip departs the recreation

center at 5:45 pm, tickets are $25.00 per person, including

transportation, and you can contact (586) 445 5480 for more

information.

New Baltimore On December 1, the City of New Baltimore hosts its

holiday event, “Bay Rama Christmas Tree Lighting and

Sing Along.” Contact (586) 725 2151 for more details and

information.

Lenox Township Lenox Township is hosting a field trip “Christmas at

Cross Roads Village” on December 5, 2014. Contact Lenox

Township at (586) 727 2085 for more information.

Rochester I know it’s not technically Macomb County, but I live

right near Dequindre, which separates Oakland and Macomb

counties, and the next event is certainly worthy of mention.

Rochester’s “Big Bright Light Show” starts during the city’s

“Lagniappe” event on November 24 at 7 pm, and then will

continue from 5 pm to midnight until January 4, 2015. It’s

worth the drive to Macomb County as the lights are simply

breathtaking and a true sight to behold. There’s a lot out there

to do during the holdiay season and our beautiful county has a

lot to offer! Enjoy the holidays, be safe and have fun!


Members $35 • Non-Members $45Late Registrations and Walkins will be charged

an extra $10. Please Register by calling (586) 468-2940 ext. 101 or at MacombBar.org

by November 21, 2014. No Show Registrants = $10 Service Fee

Hosted by the Juvenile and Criminal Law Committee of theMacomb County Bar Association

Indian Child Welfare Act (ICWA)

November 24, 201411:30 Lunch • 12:00pm-2:00pm Seminar

16th Circuit Court Jury Room

featuring

Kathryn Fort, mSU Law professor

maribeth preston,State court Administrators office

child welfare Services

Sanborn Bail Bonds

We Are Just North of 41B Court44035 North Groesbeck Hwy.

Clinton Township,MI 48036

Lowest Rates

Statewide • Free Bond InformationImmediate Bond Approval

24 Hour Service in All Counties

1-888-636-8881 or(586) 713-5383

Charles Trickey IIIBringing a balanced career to Facilitations and Arbitrations

14 First St.,Mt. Clemens, MI 48043

Cell: 586-850-8336Office: 586-465-4900

Plaintiff Personal Injury1972-1987

Maceroni, Maceroni & Trickey, P.C.

Insurance Defense1988-2014

AAA House Counsel

[email protected]

State Bar of Michigan Annual Meeting 2014

Representative Assembly Members:

Peter W. Peacock, Tim Kohler, State Bar

of Michigan Prepresentative Assembly

Parliamentarian Hon. John Chmura,

Karen Trickey Pappas, Laura Marji,

Carl Chioini, Dana Warnez and Sterlin

Mesadeu.

Justice Robert P. Young swearing in Thomas Rombach as

State Bar of Michigan President

Tim Kohler congratulating State Bar of

Michigan President Thomas Rombach.

It has been an often forgotten or misunderstood basic legal principle that a plaintiff in an action has the right to not only choose the venue in which to file the action (and there may be more than one proper venue), but also has the right to bring as many or as few viable legal theories against a defendant in a lawsuit (and, of course, there may be more than one viable theory arising out of a single transaction or occurrence). See MCR 2.111(A)(1). Unfortunately, Michigan appellate panels are increasingly and improperly classifying ordinary as premises liability cases – and somehow capable of being only those – which then often allows the defense to utilize the open and obvious doctrine as a basis to summarily dismiss the entire case. (This defense does not apply to ordinary negligence cases, only premises liability cases.) Our Supreme Court in James v Alberts, 464 Mich 12; 626 NW2d 158 (2001) recognized and explained that it was the plaintiff’s choice to bring either a premises liability case or an ordinary negligence case, or both. The plaintiff in James, how-ever, had chosen to allege only a premises liability claim:In order to provide guidance on remand, we note that the present case is a premises liability action. James’ claim is that he was injured by a condition of the land. The alleged injury occurred while he and Alberts were digging the trench; however, James contends that it arose out of a condition of the land, not out of the activity itself. In his complaint, James alleges that Alberts breached his duties as a landowner. (emphasis added) Of course, this means that had James additionally – or in-stead -- elected to allege that the injury arose out of the negligent conduct of the defendant, then the claim would have sounded in ordinary negligence. For whatever reason not explained in the opinion, counsel for the plaintiff in James chose only to bring a premises liability claim when he nevertheless could have also alleged that the injury occurred as a result of the defendant’s negligent conduct while digging the trench. Since the open and obvious defense is inapplicable to cases brought under an

ordinary negligence theory, had that additional theory been advanced, there quite possibly may have

been a different outcome in favor of the plaintiff on that case. This legal maxim was again fully explained in Laier v Kitchen, 266 Mich App 482, 493; 702 NW2d 199 (2005). In Laier, the plaintiff was fatally injured while repairing a front-end loader whose bucket fell on him. The Court in examining the complaint determined that plaintiff had alleged both an ordinary negligence claim and a premises liability claim arising out of the same injury “on the land.” The ordinary negligence claim was based on the allegations of wrongdoing arising out of the defendant’s conduct (the breach of legal duty to use ordinary care when doing something) independent of premises liability. The premises liability claim, on the other hand, was based on the legal duty arising solely by virtue of the Plaintiff’s status on the land (i.e., an invitee). Importantly, summary disposition was denied on the ordinary negligence claim which was allowed to proceed to the jury. The Laier Court cautioned that judges and lawyers were fail-ing to recognize these separate and distinct viable legal theories when arguing and deciding summary disposition motions: “The trial court held that plaintiff’s claim was precluded by the open and obvious danger doctrine. However, this case in-volves claims of both ordinary negligence and premises liability, and it must be analyzed accordingly. The distinction in theory is important and is one that the bench and bar have increasingly failed to recognize in applying the open and obvious danger doctrine.” In Fayad v Darwich, (C/A # 284181, 5/5/09), the Court of Appeals once again recognized the Laier decision and the fact that injuries occurring “on the land” can be both premises li-ability and ordinary negligence cases, depending upon the legal theory selected by the plaintiff when drafting the complaint: “However, plaintiff asserts that he sought relief under both premises liability and ordinary negligence theories. Both parties agree that a defendant’s conduct can give rise to both a premises liability claim and an ordinary negligence claim. Laier v Kitch-en, 266 Mich App 482, 493; 702 NW2d 199 (2005). In Laier, the plaintiff’s allegation that the defendant’s conduct was negli-gent placed the claim within the ambit of general

ordinary negligence vs Premises liability: Attempting to Un-muddy

the WatersBy Dan P. Beck, Metro Detroit Injury Law PLLC

Civil Committee ArtiCle


21MacombBar.org


negligence. Id at 493-494. Hence, plaintiff

is not legally limited to only maintaining a premises liability theory.” (emphasis added).

Defendant asserts that an alleged failure to warn “sounds in premises liability,” but premises liability is not

the only tort theory that can include failure to warn as ac-tionable. See, e.g., Groncki v Detroit Edison Co, 453 Mich 644; 557 NW2d 289 (1996) (general negligence); Gregory v Cincinnati Inc, 450 Mich 1; 538 NW2d 325 (1995) (products liability). Defendant’s duty here arose in part because of her participation in the activity, not just because of her status as landowner. See Hiner v Mojica, 271 Mich App 604, 615; 722 NW2d 914 (2006) (where the injury was caused by a dog on the property, this Court held the duty owed by a landowner is separate and distinct from the duty owed the dog’s owner).” Our Supreme Court in Bryant v Oakpointe Villa, 471 Mich 411; 684 NW2d 864 (2004), held that depending upon the theories alleged and looking at the nature of the allegations themselves, a lawsuit against a nursing home arising out of a patient’s fall out of bed and onto the floor (arguably “on the land”) had pleaded viable legal theories which sounded both in ordinary negligence and in medical malpractice. Another example which clearly illustrates the appropri-ateness of separate and distinct, yet co-existing legal theories combined in one cause of action is our Supreme Court’s decision in Cooper v ACIA, 481 Mich 399; 751 NW2d 443 (2008). In Cooper, our Supreme Court held that suits for un-paid Michigan no-fault benefits may be brought under several legal theories. In addition to the standard breach of no-fault contract claim, our Supreme Court re-affirmed that depending upon the factual circumstances giving rise to the cause of ac-tion and considering the legal theories pleaded in the com-plaint, common law claims for fraudulent misrepresentation, silent fraud, and innocent misrepresentation may be pleaded and may co-exist in the same lawsuit. Each theory has sepa-rate and distinct legal duties, elements of damages, elements of proof (just as premises liability and ordinary negligence cases have different elements of proof). Justice Markman explained that even though the lawsuit in Cooper arose out of the non-payment of certain no-fault benefits, the plaintiff could assert both a traditional no-fault claim and a common law tort claim for fraud:“… because a fraud action is not a no-fault action, i.e., an “action for recovery of personal protection insurance benefits payable under [the no-fault act] for accidental bodily injury,”

MCL 500.3145(1), but in-stead is an independent and distinct action for recovery of damages payable under the com-mon law for losses incurred as a result of the insurer’s fraudulent conduct,…” (emphasis added). The Cooper decision prevented the defense bar from utilizing the “one year back” defense as a basis for limiting plaintiff’s damages, since that defense is inapplicable to com-mon law fraud claims. To be sure, it naturally follows that because a premises liability claim is not an ordinary negligence claim, an injured person under Laier may then maintain an action under either or both claims, so long all elements of the particular cause of action are stated in a “clear, concise, and direct” fashion. MCR 2.111(A)(1). However, in Buhalis v Trinity Continuing Care Services, 296 Mich App 685; 822 NW2d 254 (2012), the Court in a split decision dismissed the plaintiff’s ordinary negligence claim by relying on James and maintaining [incorrectly in this author’s opinion] that the negligent acts (i.e., conduct) of defendant’s employees in causing plaintiff’s injuries could not “transform” a premises liability case into one for ordinary negligence. The Court used James as a basis for invoking the open and obvious doctrine to dismiss the case, even though there were allegations in the complaint sounding in ordinary negligence based upon defendant’s misconduct: “If the plaintiff’s injury arose from an allegedly dangerous condition on the land, the action sounds in premises liability rather than ordinary negligence; this is true even when the plaintiff alleges that the premises possessor created the condi-tion giving rise to the plaintiff’s injury.” Id at 18-19. In the writer’s opinion, this amounts to an inaccurate “summary” of the James holding since it fails to recognize that an ordinary negligence case based upon the tortfeasor’s conduct may also co-exist with a premises liability claim where liability is based upon the tortfeasor’s and plaintiff’s status on the land. See M Civ JI 19.01 et seq. Most recently, the James holding was misstated in Urben v Speedy Oil, Inc, (C/A #307789, 1/10/13) which failed to recognize the legiti-macy of a common law negligence case co-existing along with or in place of a premises liability case when someone is injured on another’s property (“…cases involving allegedly dangerous conditions on land sound in premises liability.”) Thus, any blanket proposition that a cause of action exclu-sively “sounds in” premises liability because a plaintiff was injured by slipping, tripping or falling


22MacombBar.org


down “on the land” ignores the true holdings of James and Laier.

Moreover, as James and Laier instruct, if lia-bility is not based upon the plaintiff’s status on the land

or upon defendant’s status as a landowner, the claim should sound in ordinary negligence and not premises liability. An ordinary negligence claim does not and should not contain allegations in the complaint of 1) any legal duty or breach arising out of a defendant’s status as an owner, possessor or occupier of land; 2) any legal duty or breach arising out of Plaintiff’s status on the land as an invitee, licensee, or trespasser; 3) any allegation of a dangerous or defective condition on the land; 4) any allegation of failure to warn; 5) any allegation of failure to protect; 6) any mention of “open and obvious”; or 7) any reference to any “special aspects”. Those allegations instead are to be stated in a separate well-drafted premises liability count if the plaintiff attorney so chooses to assert that claim in the complaint. On the other hand, ordinary negligence claims should be drafted by using specific language limited to 1) the legal duty of defendant to use ordinary care; 2) breach of that legal duty based upon defendant’s conduct; 3) proximate causation; and 4) damages. See M Civ JI 10.04. It is frequently asserted that courts are not to be bound by mere “labels” attached to a particular claim. Manning v. Amerman, 229 Mich.App. 608, 613, 582 N.W.2d 539 (1998). Indeed, “[i]t is well settled that the gravamen of an action is determined by reading the complaint as a whole, and by looking beyond mere procedural labels to determine the exact nature of the claim.” Adams v. Adams (On Reconsidera-tion), 276 Mich. App. 704, 710-711, 742 N.W.2d 399 (2007). Defense attorneys frequently use this argument to claim that an ordinary negligence action is instead a premises liability claim, (where the open and obvious defense can be asserted), or that an ordinary negligence action is instead a medical mal-practice claim (where noneconomic damages caps on recovery will be imposed), or that a common law fraud claim is instead a no-fault breach of contract claim (where the one-year-back rule will apply to limit damages). However, in the same fashion, a Court also must never pronounce that a properly pleaded ordinary negligence claim is a premises liability claim when it actually is not. The James, Laier, Bryant and Cooper decisions provide a sound foundation for this position in the often confusing and misunderstood areas of premises liability and general negligence law.

Dan Beck is a plaintiff per-sonal injury attorneyand founder of Metro Detroit Injury Law PLLC in downtown Mt. Clemens. He is currently serving his third term as co-chair of the MCBA civil law committee.

175 Cass Avenue, Mt. Clemens, MI 48043Phone: 586.468.2411 • Fax: 586.468.2410

CarrollCourtReporting.com

Carroll Court Reporting and Video specializes in real-time depositions, mobile transcript, video conferencing, and much more to serve the greater Michigan area.

Probate Support Specialists, LLC. • Decedent Estates• Guardianship Estates• Conservatorship Estates• Forensic Account Preparation• Trust Administration• Medicaid Applications• Estate Clean Out• Adult Foster Care and Nursing Home Placement

A Probate Referral Resource specializing in:

Charlene Tope (586) 415-0136 [email protected]

Wine Down For Fall

A Wine Tasting Social

November 13, 20147:00pm-9:00pm

Join us for a sampling of a variety of fifteen wines while enjoying an array of hors d’oeuvres.

Only $20 Per PersonPlease RSVP by November 7, 2014. Space is Limited.

Filipo Marc Winery39085 Garfield Rd. Clinton Twp., Next to Luciano’s

WANt to Settle Your CASe?

(586) 469-9090

PerSoNAl INjurY SPeCIAlIStSProven Results for your Client Referrals

Fraser & Souweidane, P.C.

www.fsattorneys.com10 S. Main, St., Suite 302, Mt. Clemens, MI 48046

(586) 463-0100

The law firm of

Thomas , Garvey and Garvey congratulates Bob Garvey on being selected by his peers as

“Lawyer Of The Year “ for 2014/2015 in the field of Personal Injury Plaintiffs by Best Lawyers In America.

Only one lawyer in the Detroit Metropolitan area is singled out for

this recognition.

Thomas , Garvey and Garvey is a selective, referral based practice in St. Clair Shores representing clients in serious injury and wrongful death

actions. Referral fees in excess of one million dollars have been paid on

individual cases.

(586) 779-7810 • Garveylaw.net

Office Space

WARREN - First class office space available in professional building. Available amenities include sec-retarial area, library, two confer-ence rooms, copiers, fax machine access, lunch area, internet access, telephone answering and more. Base office rent: $500. Call Pamela Kroll at (586) 573-8900

ST. CLAIR SHORES - Premier St. Clair Shores Nautical Mile executive office space in larger professional building. Opportuni-ties for the small firm or solo prac-titioner (some with shared space and amenities, all in first class space) to 6000+ sq. ft. renovation. Plenty of parking, competitive rates. Robin (586) 498-8400.

DOWNTOWN MOUNT CLEMENS - For Lease 1,900 sq. ft. office suite. 4 large private, windowed offices, Conf. room, Kitchenette, Large secretarial/fil-ing area, Well appointed, profes-sional décor. Walk to Circuit and Dist. Courts. On site parking. To arrange a viewing, call: Gary Housey, Oakwood Properties, Inc. at (248) 689-111 ext. 104

ST. CLAIR SHORES - St. Clair Shores premium office space. Professionally decorated with all the amenities necessary for an impressive law practice. We are able to accommodate individual offices or a small group practice. Also, 4,000 square feet available adjacent to the existing law of-fice. Call Deb Berube at (586) 779-7810.

SHELBY TWP., - In Harvard Professional Building. Van Dyke between 21 & 22 Mile. One fur-nished private office. Reasonable rent includes utilities, cleaning and use of conference room. Referral work available. Please call (586) 254-1300

CLINTON TOWNSHIP - Garton & Vogt PC, have two large offices in first class suite available. All amenities available. Call Art Gar-ton or Kathy Vogt at (586) 226-3100.

MACOMB COUNTY - Re-modeled office spaces and/or mail services - 9 Mile and 94 in Eastpointe. Only 15 minutes from downtown Mt. Clemens and Detroit. Short and long term leases available. Conference rooms also available for daily use. Call Vincent at (586) 945-9176 or (248) 421-6131

DOWNTOWN MT. CLEMENS - Two Crocker Boulevard. Single office in Professional Suite. All Amenities Available. Great Park-ing. Walk to Court. Call Gene Casazza at (586) 468-4400 or email [email protected]

RefeRRaLS

WORKERS COMPENSATION and SOCIAL SECURITY DIS-ABILITY: Over 30 years experi-ence. Referral fee. Will provide status reports. Call Dennis R. Nettle. 1-800-575-7477 or (586) 776-4080.

ACCEPTING REFERRALS for any matters concerning bank-ruptcy, including initial filings of Chapters 7, 11, or 13, as well as adversarial litigation relating thereto. Call Gerald L. Decker at (586) 532-1122.

KEVIN M. KAIN of the Law Firm Levine Benjamin has ob-tained over 1,500 workers com-pensation settlements for disabled workers over the last 20 years. Will pay referral fee and provide status reports. Call Kevin M. Kain at 1-800-675-0613.

SOCIAL SECURITY and WORKERS COMPENSATION - Casazza Law Offices - 130 years plus of combined experience with Social Security Disability and Workers Compensation claims. Offices in Royal Oak and Mt. Clemens. Referral Fees. Call Gene Casazza at (586) 468-4400 or email [email protected]

SeRviceS

COMPREHENSIVE COUN-SELING SERVICES available for attorneys and their clients. Orlando Counseling Services PLLC provides quality confiden-tial psychotherapy which will help you cope with stress, and ma the changes you want, to improve your life. And we can help you with your difficult clients! Specialization in couple/family counseling and grief. Offices in Shelby Township and Lake Orion. Call Laurie Orlando at (586) 405-1603 for a free consultation.

STUDENT LOANS & FD-CPA - Provides consultation and assistance in all matters of Student Loans and Fair Debt Collec-tion Practices, including student loan reinstatement, deferments, default, collection and litigation. Referral fee. Call Mark Wilk at (313) 806-3680 or email [email protected]

empLOyment Wanted

VIRTUAL RECEPTIONIST - Port City Communications is a 24/7 call center. Our award win-ning, highly trained, staff serves as an extension of your business by answering calls in the name of your firm, inputting information in a customized fashion tailored specifically to your instructions, and promptly dispatching calls.877-984-7224

fOR SaLe

BUILDING - Building currently being used as a law office. Ex-cellent visibility in high traffic area fronting 16 Mile Road near Gratiot. Excellent location with easy access to courts. Avail-able with law library and certain furnishings and equipment. Also very good location for potential walk-in clients. Reasonable priced. Contact Carol Paton at Coldwell Banker (586) 649-6000. Inquiry regard-ing furnishings, library and equipment please call Gary at (586) 246-9751.

fRee

LAW BOOKS – FREE. Library includes MI Appeals Reports, MI Criminal Law & Procedure, MI Compiled Laws, miscellaneous family law books, & miscellaneous criminal law books, including MI Criminal Jury Instructions. Also includes a set of historic MI Reports from 1871 to 1960. Please call Jerry Lascoe at (586) 482-3452 for an appointment to view.

Classifieds

ClassifiedAds

Please Contact Dawn at (586) 468-2940 Ext. 102 or visit

MacombBar.org for more information

Members: $25

Non-Members : $35

Bar Briefs • August 2014

MEDICAL MALPRACTICE CATASTROPHIC INJURIES BIRTH TRAUMA • WRONGFUL DEATH

“Results Matter”ALBERT J. DIB, ESQ. DIB AND FAGAN, P.C. www.dibandfagan.comDIB AND FAGAN BLDG.

25892 Woodward Ave.Royal Oak, MI 48067

[email protected]

(248) 542-6300

REFERRAL FEES HONORED

AVAILABLE TO LITIGATE PENDING CASES

Macomb County Bar Association40 N. Main St., Suite 435Mt. Clemens, MI 48043MacombBar.org

MCBF HISToRy Book CLuBThe Macomb County Bar Foundation is pleased to announce another History Book Club meeting in partnership with Barnes and Noble.

The history book club focuses on connecting modern day living with constitutional history, the courts, the Civil War, World War I, World War II, and other significant historical events through select works of literature and featured speakers.

Members of the legal community and the public at large are invited to participate in this monthly series of historical exploration.

Barnes & Noble • 14165 Hall RoadShelby Township, MI.

November 6, 2014 7:15pm

Guest Speaker: Hon. John Foster,16th Circuit Court

Book: “Paris 1919: Six Months That

Changed the World”By Margaret MacMillan

Bar Briefs · James Maceroni [2016] (586) 465-4900 Peter W. Peacock [2016 ... In mediations, ......

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Transcript of Bar Briefs · James Maceroni [2016] (586) 465-4900 Peter W. Peacock [2016 ... In mediations, ......