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Posted:
May 16, 2013
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Personal Injury Cases in the News

Personal Injury Cases in the News

            San Angelo Standard-Times recently reported the settlement of a personal injury which lead to an inmate’s death by suicide. The suit alleged “police misconduct” in that County officials in Lindon County, Nebraska failed to properly monitor the inmate, as they knew or should have known that he was a suicide risk because he was trying to kill himself when arrested.

In Michigan, a constitutional claim against governmental offices may be prosecuted pursuant to 42 USC §1983. A theory of liability sometimes used is that police officers may not be deliberately indifferent to an inmate’s medical needs. Under the statutes, it is illegal under colors of authority to deprive a person of any rights, privileges, or immunities secured by the Constitution and other laws. Other types of claims may be predicated upon by Section 1983, such as excessive force, is an arrest and failure to secure needed medical attention. For instance, your writer is aware of one case in which the police knew that the person they arrested had swallowed cocaine to hide it. Despite that the police officer transported the arrestee to the jail instead on an emergency room. A significant settlement was reached after the inmate died from cocaine poisoning.

If you or a family member have a question as to whether your civil rights have been violated by police or other misconduct, call Guy Vining. All initial conferences are free of charge. In addition, these types of matters are handled by the firm on a contingency fee basis, so you will not pay a fee out of pocket. Guy Vining is pleased to assist you, and your interview is completely confidential.

 

Guy Vining practices personal injury law from his Metro-Detroit office in Taylor, Michigan. He has represented clients in personal injury actions for over 25 years in such areas as: car, boat, motorcycle, and truck accidents; slip, trip, and falls including black ice and defective design; medical and dental malpractice, denial of insurance benefits for wages, medical and home assistance to automobile accident victims. His firm sees clients throughout the downriver communities of Rockwood, Gibraltar, Brownstown, Trenton, Grosse Ile, Woodhaven, Riverview, Southgate, Dearborn, Ecorse, Romulus, Taylor, and of course, Wyandotte.

Posted:
April 25, 2013
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Bankruptcy Cases in the News: Federal and State Exemptions

Bankruptcy Cases in the News

Federal and State Exemptions

     Under the Bankruptcy Court, a debtor may elected between two sets of exemptions in a Chapter 7 case, the Federal exemptions, or (in Michigan) the Michigan exemptions. Generally, the Federal exemptions give the greatest coverage of property to the debtor. Exempt property is property that the debtor gets to keep from creditors and the trustee, which forms the basis of his or her fresh start going forward.

     In certain interesting circumstances, however, the Michigan exemptions are more favorable to the Chapter 7 debtor and should be elected. For instance, under the Federal exemptions, exemptions about $42,000.00 in home equity can be exempted by a married couple. However, if the home is jointly owned as entireties property (husband and wife) either may file individually a bankruptcy and exempt their entire equity, no matter how great, from all individual creditors.

     That is because the historical purposes of the state law favors protecting an innocent spouse from the debts of his or her spouse to preserve their primary residence. This concepts has been explored and defined in several published court decisions. For instance, see: In re: Trickett, 14 Br 85 (Bank W.D. Michigan) 1981; and, In re: Grosslight, 757 F2d 773 (6th Cir. 1985).

     One of the keys to this relief is the absence of joint indebtedness. So, if the non-filing debtor is jointly responsible on some of the incurred debt, the trustee may argue that it should be allowed to administer the estate (sell the martital home) to the extent of the joint obligations. Still, this type of harsh relief must be examined on a case-by-case basis as noted by Judge McIvor in In re: Edwin Harlin, 325 BR 184, 189 (Bank E.D. Mich) 2005:

“As a general rule, courts have been very reluctant to apply 11 USC §363 (h) to allow the sale of entireties property owned by the debtor, and a non-debtor spouse. The case law is well summarized in Collier on Bankruptcy as follows: Disputes over the applicability of a section (h) to tenancies by the entireties have created the largest number of reported cases under section, perhaps because of the unique nature of the ownership interest, the variations among the states as to the nature of the interest and the rather draconian remedy that section 363(h) gives the trustee, contrary to the deep historical roots of the form of title, which is supposed to protect each spouse from the unilateral action of the other… Thus, although generally speaking property held by the debtor as tenant by entirety is subject to sale under section 363(h), courts have erected various obstacles to such sale.”

     This suggests, of course, that married couples should strongly consider never co-signing for the other and avoid all joint debt. Also, they might consider making sure to concentrate payments to reduce and eliminate joint debt as a priority over individual debt, in the ordinary of their payments.

     If you or a loved one are considering whether bankruptcy relief would be helpful for you, please make sure to consult a qualified debt relief agency/attorney. Guy Vining is available for a no-charge initial bankruptcy consultation and would be pleased to meet with you.

Guy Vining, a bankruptcy attorney, in metro-Detroit, maintains his office in Taylor, Michigan where he serves the downriver communities of Monroe, South Rockwood, Gibraltar, Brownstown Township, Grosse Ile, Woodhaven, Trenton, Southgate, Riverview, Allen Park, Lincoln Park, Dearborn, Dearborn Heights, Westland, Wayne, and Ecorse. If you or a family member of friend would like a no-obligation no cost consultation/financial analysis, just call or E-mail Guy Vining of Vining Law Group, P.L.C to schedule a meeting.]

Posted:
April 6, 2013
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Negligence Cases in the News: Hospital Malpractice Cases

Negligence Cases in the News:

Hospital Malpractice Cases

The Buffalo News reported recently a distressing story. It has been alleged by several citizens that a local hospital caused them to become infected with hepatitis. Specifically, in a suit filed each alleges that the source of the disease was the hospital staff inappropriately reusing surgical needles that had been used on other patients, a definite cause of hospital malpractice.

Generally speaking, it is well known that hospitals, because of ill patients, can be a dirty environment from which a patient can contract a generalized infection. Its a risk, in other words, that can not be eliminated. For this reason, the usual medical negligence or hospital malpractice case will be dismissed, so long as, the hospital is able to establish that it implements industry approved sanitation and sterilization processes.

On the other hand, where a discrete source of infections can be established based upon a violation of industry standards, and then an injured patient may have a cause of action. Certainly if it was proven or admitted that needles were reused without sterilization, that could be a discrete cause of an infection. Another common scenario for either hospital negligence, or even hospital malpractice, is the failure to remove all instruments, bandages, or gauze after a surgery. These foreign objects are many times the source of post surgical failure to heal, pain, and infection.

Guy Vining, an experienced personal injury attorney, in metro-Detroit, maintains his office in Taylor, Michigan where he serves the downriver communities of Monroe, South Rockwood, Gibraltar, Brownstown Township, Grosse Ile, Woodhaven, Trenton, Southgate, Riverview, Allen Park, Lincoln Park, Dearborn, Dearborn Heights, Westland, Wayne, and Ecorse. If you or a family member or friend would like a no-obligation, no cost, consultation/financial analysis, just call or Email Guy Vining of Vining Law Group, P.L.C. to schedule a meeting.

Posted:
April 6, 2013
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Negligence Cases in the News: Consumer Protection Actions

Negligence Cases in the News:

Consumer Protection Actions

On a “lighter note” Bloomberg has recently reported that lawsuits have been filed against Anheuser-Busch by consumers in several states via the Consumer Protection Actions. Yep, it is alleged that the old “King of Beers” is ripping off consumers because it adds water to the finished product which diminishes the alcohol content. Say it ain’t so!

     In Michigan, the State Legislature enacted the so-called Consumer Protection Act years ago. See MCL 445.901. This act provides for damages and injunctive relief to protect consumers from various types of bait-and-switch, misrepresentations and consumer scams.

     If you or a loved one have any questions about the Michigan Consumer Protection Act, please fee free to call Guy Vining of the Vining Law Group, PLC, for a free consultation.

[Guy Vining practices personal injury law from his Metro-Detroit office in Taylor, Michigan. He has represented clients in personal injury actions for over 25 years in such areas as: car, boat, motorcycle, and truck accidents; slip, trip, and falls including black ice and defective design; medical and dental malpractice, denial of insurance benefits for wages, medical and home assistance to automobile accident victims.]

Posted:
February 21, 2013
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Personal Injury Cases in the News: Product Defects

Personal Injury Cases in the News:

 

Product Defects

 

     On February 3, 2013 The Fresno Bee reported that a California resident was awarded $1,000,000.00 in the settlement of his personal injury case. His arm was crushed while he was working in a watermelon processing plant, forcing him to undergo several surgeries. While his condition is stable, it is likely that he will never be able to do labor again.

 

     In Michigan, there are certain laws that protect workers on the clock and those at home from potentially harmful products. It’s called product liability, as governed by MCL 600.2946. In such cases, one must be able to prove a few things, as outlined by Edward M. Swartz in “Proof of Product Defect“:

 

     “The plaintiff’s case rests on three issues of fact: whether there is (1) a defect, (2) a proximate cause, and (3) damages. The plaintiff’s use of the product may not be a separate issue, only evidence that a defect or proximate cause was not present.

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     A defect need not be only a broken part. The concept includes: improper design, improper choice of materials or components, failure to use safety devices, inadequate warnings, inadequate instructions, improper assembly and manufacture, and inadequate advertising and marketing. A defect may exist in any phase of production which may affect safety, including manufacture, assembly, design, materials, selection of component parts, inspection, packaging, instructions, warnings, promotion, certification, and testing.”

 

If you or a loved one have been injured by a potentially defective product, call Guy Vining of the Vining Law Group today for no-cost consultation.

 

[Guy Vining, a personal injury attorney, in metro-Detroit, maintains his office in Taylor, Michigan where he serves the downriver communities of Monroe, South Rockwood, Gibraltar, Brownstown Township, Grosse Ile, Woodhaven, Trenton, Southgate, Riverview, Allen Park, Lincoln Park, Dearborn, Dearborn Heights, Westland, Wayne, and Ecorse. If you or a family member of friend would like a no-obligation no cost consultation/financial analysis, just call or E-mail Guy Vining of Vining Law Group, P.L.C to schedule a meeting.]

Posted:
February 20, 2013
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Employment Cases in the News

Employment Cases in the News

 

     The Statesman Journal (Oregon) recently reported that a government employee filed a claim for public policy discharge against her employer. In Michigan a discharge against public policy is an exception to the employment at will rule. Generally, an employee, not in a union, or not protected by a written contract has no protection against non-discriminatory discharges.

 

     However, in Michigan even such an at-will employee may not be terminated for the employer’s violation of a public policy. For an example, an employee may not be fired for refusing to violate the law. Such a case was Trombetta v. Detroit, T&IR, Co., 81 Mich App 489 (1979). In fact, it expressly affirmed the following principal:

 

“Such a cause of action has been found to be implied where the alleged reason for the discharge of the employee was failure or refusal to violate a law in the course of employment. Thus, in [citation omitted], the Court said that it would be impermissible to discharge an employee for refusing to falsify pollution control reports that were required to be filed with the state.”

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“This court has recognized exceptions to the well established rule that at-will employment contracts are terminable at any time for any reason by either party. These exceptions were created to present individuals from contravening the public policy of this state. It is without question that the public policy of this state does not condone attempts to violate its duly enacted laws.”

 

     If you or a loved one have been fired for refusing to follow an illegal order at work, call Guy Vining.

 

Guy Vining has practiced law throughout the state of Michigan. His office is located in the downriver city of Taylor where he primarily serves the Metro-Detroit area. He has represented employers and employees in employment litigation in the trial court and the appellate courts in the following areas: whistleblower, breach of contract, public policy, discrimination, wage and hour violation, covenants not to compete, Americans with disabilities action and retaliation

Posted:
February 19, 2013
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Business Cases in the News: Shareholder Oppression

Business Cases in the News:

 

Shareholder Oppression  

 

     In the recent (unpublished) case of Berger v. Katz, Case No.: 293880 the Michigan Court of Appeals, the appellate court of Michigan, affirmed (agreed with) significant relief afforded to the minority shareholder. In doing so the Court of Appeals swept aside the argument of the Defendants that the minority shareholders were not entitled to relief under MCL 450.1489 because all of their decisions and conduct was authorized by the bylaws.  The Court of Appeals noted that even authorized and legal decisions could still be oppressive to the minority shareholders.

 

     In reaching their decision, the Court of Appeals looked at the statutory language:

 

MCL 450.1489 provides, in relevant part:

 

(1) A shareholder may bring an action in the circuit court of the county in which the principal place of business or registered office of the corporation is located to establish that the acts of the directors or those in control of the corporation are illegal, fraudulent, or willfully unfair and oppressive to the corporation or to the shareholder…

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(3) As used in this section, “willfully unfair and oppressive conduct” means a continuing course of conduct or a significant action or series of actions that substantially interferes with the interest of the shareholder as a shareholder. Willfully unfair and oppressive conduct may include the termination of employment or limitation on employment benefits to the extent that the actions interfere with distributions or other shareholder interests disproportionately as to the affected shareholder. The term does not include conduct or actions that are permitted by an agreement, the articles of incorporation, the bylaws, or a consistently applied written corporate policy or procedure.

 

     If you or a loved one are a victim of oppressive conduct, call Guy Vining of the Vining Law Group, PLC, for a discrete and no charge consultation. Elements of oppressive conduct found by various courts include: being denied notices, changes in bylaws and articles of incorporation, insider contracts, salary elimination, termination of employment, issuing stock without need the corporation, significant pay and benefit increases to those in control of the corporation and denying the minority shareholders a voice in management.

 

Guy Vining has practiced law throughout the state of Michigan. His office is located in the downriver city of Taylor where he primarily serves the Metro-Detroit area. He has represented shareholders in stock court actions including the Court of Appeals. All initial consultations are confidential and without charge. Please feel free to call.

Posted:
February 18, 2013
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Business Cases in the News: Shareholder Oppression

Business Cases in the News:

 Shareholder Oppression

 

     In an unpublished opinion last year in Berger v. Katz, Case No.: 291663, the Michigan Court of Appeals sent a strong message to the business community that it would liberally enforce the provisions of MCL 450.1489. That statute gives a remedy to minority shareholders who have suffered  shareholder oppression at the hands of the majority shareholders.

 

     In Berger, the Court of Appeals found evidence that Defendants stopped making payments to Plaintiff, no longer sought his input on corporation matters and substantially increased their salaries at his expense was sufficient to support a claim, for among other things, breach of fiduciary duty. In that regard the Court held:

 

     “Majority Shareholders in a corporation owe “the utmost good faith in its control and management as to the minority and it is the essence of this trust that it must be so managed so as to produce to each shareholder, the best possible return upon his investment.” Salvador v. Connor, 87 Mich App 664, 675; 276 NW2d 458 (1978), quoting 6 Callaghan’s Michigan Civil Jurisprudence (2d ed), §166, p 365. Where the evidence shows that majority shareholders improperly diverted corporate funds, a breach of fiduciary duty of the majority shareholders can be found. Salvador, 87 Mich App at 675-677.”

 

     If you or a loved one are involved in a corporation or limited liability company (LLC) and need assistance, just call Guy Vining. Guy Vining of the Vining Law Group, PLC, has assisted many minority shareholders in cases involving oppressive conduct of the majority shareholders. Your initial meeting will be without any charges and strictly confidential. Many of these cases can be prosecuted on a contingency fee basis so that you will not pay an attorney fee unless there is a favorable financial outcome.

 

Guy Vining has practiced law throughout the state of Michigan. His office is located in the downriver city of Taylor where he primarily serves the Metro-Detroit area. He has represented employers and employees in employment litigation in the trial court and the appellate courts in the following areas: whistleblower, breach of contract, public policy, discrimination, wage and hour violation, covenants not to compete, Americans with disabilities action and retaliation

Posted:
February 11, 2013
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Discrimination Cases in the News:

Discrimination Cases in the News:

 

     The Boston Herald on February 7, 2013 reported that a sex/gender discrimination case had been settled between a high level physician and the Beth Israel Deaconess Medical Center. In the suit the female physician accused the medical center of gender discrimination and retaliation while she served as the chief of the anesthesia and critical care departments.

 

     In Michigan, discrimination in employment based upon gender, is expressly prohibited by the Elliot Larsen Civil Rights Act, MCL 37.2102. Since our employment is so important to our financial, physical and emotional well being you should be vigilant to protect yours. If you are experiencing difficulties at work it wise to seek legal advice before termination. If you or a loved one are experiencing employment problems, please feel free to contact Guy Vining.

 

     Guy Vining of the Vining Law Group has been privileged to have represented employees in such cases, as well as, employers. He has represented employers and employees in the trial and appellate courts in these areas. If you or a loved one feel as though you were discharged as a violation of public policy, feel free to call Guy Vining to day for a no-charge consultation.

 

Guy Vining has practiced law throughout the state of Michigan. His office is located in the downriver city of Taylor where he primarily serves the Metro-Detroit area. He has represented employers and employees in employment litigation in the trial court and the appellate courts in the following areas: whistleblower, breach of contract, public policy, discrimination, wage and hour violation, covenants not to compete, Americans with Disabilities action and retaliation

Posted:
February 11, 2013
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Personal Injury Cases in the News: Defective Road Injuries

Personal Injury Cases in the News:
Defective Road Injuries.

 

     Guy Vining was recently able to enter into a significant settlement, for a client, with a governmental agency involving a defective highway. The client-victim was a motorcyclist who, although operating his bike appropriately, was caused to fall due to wavy and defective pavement.

 

     Guy Vining was able to establish that the governmental agency was on notice of the defective condition and pursuant to MCL 691.1402 that liability should be imposed for failure to maintain the road in reasonable repair.

 

     If you or a loved one are injured due to defective roads, you must take action quickly. The law requires that you provide a statutory notice within 120 days (about 4 months) from the accident. This notice is required by MCL 691.1404 and if notice is not timely and properly given it will bar your legal actions. You will also need to move quickly to obtain measurements and photographic evidence and an expert witness knowledgeable of road defects such as longitudinal cracking, traverse cracking, alligator cracking, deep and long wheel rutts in black top and other irregularities.

 

     These conditions are particularly dangerous to bicyclists and motorcyclists. Please feel free to call for a no-cost consultation if you or a loved one were injured on a defective road or highway. You need to speak to a personal injury attorney immediately. At the Vining Law Group all telephone conferences and initial meets are free. Also, most personal injury representation is on a contingency fee basis, so that you do not need to pay out of pocked for legal fees to get the help you need.

 

Guy Vining, an experienced personal injury attorney, in metro-Detroit, maintains his office in Taylor, Michigan, where he serves the downriver communities of Monroe, South Rockwood, Gibraltar, Brownstown Township, Grosse Ile, Woodhaven, Trenton, Southgate, Riverview, Allen Park, Lincoln Park, Dearborn, Dearborn Heights, Westland, Wayne, and Ecorse. If you or a family member or friend would like a no-obligation, no cost, consultation/financial analysis, just call or Email Guy Vining of Vining Law Group, P.L.C. to schedule a meeting.

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