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Posted:
August 29, 2012
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Accident/Negligence Law: Boating and Watercraft Injuries

Accident/Negligence Law
Boating and Watercraft Injuries

The San Jose Mercury News reported the death of a 16 year old girl in Hawaii which prompted a civil suit. The suit charged that a watercraft/jet ski crash was due to the negligence of another watercraft operator.

Guy Vining of the Vining Law Group has represented several injured individuals in the past in cases arising out of negligent operation of boats. It’s great to live in the Great Lakes area and enjoy water sport opportunities, however, individuals engaging in recreational activities are still held to a standard of care as to avoid actions which are foreseeably dangerous. In other words, an operator of a watercraft, just as the operator of an automobile, must operate in accordance with a duty to do so in a careful manner.
Due to the speeds often involved, as well as, wave and wind action, significant forces are often involved with boat and other watercraft accidents. Couple that with the absence of seat belts and other safety equipment and it is easy to see how negligent operations of boats and other watercraft equals a recipe for disaster. Mix in a bottle of cold beer or another alcoholic drink on a hot day and — a day which started with the broadest of smiles can end with a trip to the Emergency Room or worse.
If you or a loved one has been injured in a jet ski, boat, or other watercraft/boating accident and you would like to discuss your rights, call Guy Vining. Telephone conference and initial consultations are always free of charge. Usually, there is never an out-of-pocket attorney fee for personal injury cases as these matters are handled on a contingency fee basis.

Guy Vining, an experience 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:
August 29, 2012
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Bankruptcy Cases in the News: State Exemptions #2

Bankruptcy Cases in the News

State Exemptions #2

In a recent blog which discussed that in the Schafer case (6th Cir., 11-1340) that the Michigan bankruptcy statute was approved by the appellate court as passing constitutional muster. Their decision not only is of assistance to Michigan debtors but was a blessing to the local bankruptcy attorneys and judges as it clarifies the law and resolves conflicting opinions. Now bankruptcy attorneys can give their client more definitive advice on exemption planning. It also assists the debtors and bankruptcy attorneys by avoiding litigation within the Bankruptcy Court, in relation to exemptions saving financial and judicial resources.

 

All of this, however, begs the question of what the important distinctions are with respect to exemption planning. This is a deep subject and well beyond the scope of a blog posting. However, there are some immediately apparent benefits for Michigan debtors that they can discuss with their bankruptcy attorney. First, across the board it appears that for unmarried Michigan debtors, who have home equity to be sheltered/exempted, that more can be accomplished under the Michigan Statute. See: MCL 600.5451 and compare to 11 USC § 522(d)(1). In addition, if the Michigan debtor is also a handicapped or elderly individual, the exemptions increase even higher.

 

If you are a Michigan resident contemplating a bankruptcy you should discuss these matters in detail with your bankruptcy attorney. Exemption planning is essential for you to receive the very best outcome in your case. As noted in the Schafer case (citing Grogan v. Garner, 589 U.S. 279 (1991)), the so-called Michigan bankruptcy exemptions statute’s broader exemptions will allow “bankruptcy debtors in Michigan…(to be better met) to achieve a fresh start and to obtain a new opportunity in life with a clear field… unhampered by the pressure and discouragement of preexisting debt.”

 

If you have any questions about exemption planning please feel free to call Guy Vining for a free consultation or another qualified bankruptcy attorney.

[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:
August 29, 2012
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Bankruptcy Cases in the News: State Exemptions #1

Bankruptcy Cases in the News
State Exemptions #1

The 6th Circuit Court of Appeals decided a very interesting and debtor friendly case recently. In re: Steven M. Schafer, Case No.: 11-13401387, the 6th Circuit Court reversed lower court holdings that had determined that Michigan’s so-called “bankruptcy exemptions” were unconstitutional.

This is pretty esoteric stuff, but the bottom line is that Michigan has a general exemption statute and the so-called bankruptcy exemptions statute, the latter of which provide more generous exemptions for debtors. In filing a case a debtor in a state like Michigan (which has it’s own statute) must elect to proceed under federal or state exemptions. Earlier rulings struck down the so-called state bankruptcy statute holding in essence that it was an impermissible conflict of state and federal law for Michigan to have “bankruptcy” exemptions because only the U.S. Congress could create these laws as it is to do so under the U.S. Constitution and controls the entire bankruptcy field. One of the main arguments advanced for federal control was to give uniformity and not create conflicts from state to state.

The 6th Circuit disagreed, holding:

    Indeed, on an as-applied basis, the Michigan statute actually furthers, rather than frustrates, national bankruptcy policy. As the Supreme Court has repeatedly noted, the goal of the Bankruptcy Code is to provide debtors in bankruptcy with a fresh start. Marrama v. Citizens Bank of Mass., 549 U.S. 365, 367 (2007) (“The principal purpose of the Bankruptcy Code is to grant a fresh start to the honest but unfortunate debtor.”) By permitting debtors in bankruptcy a higher homestead exemption than either the general state exemption statute or the federal exemption statute allow, bankruptcy debtors in Michigan are better able to achieve a fresh start and to obtain “a new opportunity in life with a clear field for future effort, unhampered by the pressure and discouragement of preexisting debt.” Grogan v. Garner, 498 U.S. 279, 286 (1991). Accordingly, Michigan’s bankruptcy-specific exemption statute frustrates the full effectiveness of national bankruptcy policy no more than other statutory frameworks that have survived our scrutiny.

As noted in Schafer the so-called bankruptcy exemptions under MCL 600.5451 are substantially more generous to the debtor than it’s federal counterpart in 11 USC 522 (d)(1) or the general exemption statute MCL 600.6023. Indeed, with respect to home equity for an individual debtor (or homestead) it is double the federal statute for a 65 year old debtor or handicapped debtor. This is pretty good news for the debtor but makes things more difficult for the Trustee whose compensation is largely contingent upon the amount of money collected.

The bottom line is that elderly and handicapped debtors are really aided by this decision. These honest but unfortunate individuals will get a larger nest egg to embark on their fresh start with.

[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:
August 28, 2012
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Bankruptcy Cases in the News

Bankruptcy Cases in the News

Early in August 2012, local Bankruptcy Court Judge Walter Shapero decided an interesting case that sheds light for lay-persons interested in debt relief and for local practitioners, too. This case is In re Kenneth C. Farkas and may be found at Case No.: 11-59772.

In this case a young-ish debtor with a sizeable 401(k) had taken loans against his 401(k) which required payments of around $850.00 to repay the 401(k) loans. On his Schedule I, debtor scheduled monthly loan repayment and that the net income after this and other expenses was less than $20.00. According to debtor therefore he was qualified for Chapter 7 relief – but, the Trustee objected and argued that under 11 USC 707(b)(3) and the totality of the circumstances that this deduction was unfair and should be considered disposable income to be shared with all creditors. Judge Shapero on the facts of this case agreed with the United States Trustee, noting:

    “Disposable income” is defined under the Bankruptcy Code as income received by the debtor which is not reasonably necessary for the maintenance or support of the debtor or a dependent of the debtor. 11 U.S.C. §1325(b)(2)(A)(i). This Court has explicitly rejected adopting a per se rule requiring the inclusion of 401(k) contributions in disposable income. In re Beckerman, 381 B.R. 841, 848 (Bankr. E.D. Mich. 2008). Instead, as is required by the plain language of §707 (b)(3) and this Court’s interpretation of the Sixth Circuit precedent, the reasonableness of the debtor’s expenses, including payments made into a 401(k), must be determined on a case-by-case basis looking at the totality of the debtor’s individual circumstances. Id at 848. In this case, the amount of Debtor’s existing retirement savings, as well as his age and time left until retirement, persuades the Court that his 401(k) loan repayments are not reasonably necessary for his maintenance or support, and are therefore includable in his disposable income.

Since the debtor had a sizeable retirement account and many years before his retirement the inclusion of the loan as a form of monthly disposable income was determined to be unfair to other creditors. Judge Shapero calculated that in a Chapter 13 plan the creditors would be more fairly treated and would receive about an 18% dividend. He noted that the Sixth Circuit Court of Appeals in re Behlke, 358 F.3d 429, 434 (6th Cir. 2004) had earlier determined that even a 14% dividend was a meaningful dividend.

Therefore, it was determined that the case must be dismissed – for ability to pay – or converted to a Chapter 13. It, again, bears nothing that the Bankruptcy Rules are designed to provide equitable treatment to all the actors. Therefore, where disposable income is being spent is fanciful ways or ways which discriminate against other creditors a discharge may be challenged as abusive. In such ceases, the debtor’s fresh start and discharge may be conditioned upon providing some disposable income via a Chapter 13 plan to all unsecured creditors over a period of 60 months.

[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:
August 27, 2012
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Bankruptcy Cases in the News

Bankruptcy Cases in the News

In a case just decided by the 6th Circuit Court of Appeals the conviction of a physician for violation of 18 USC 152 (1) and (2) was upheld. The physician, or debtor, filed a bankruptcy, and failed to schedule as an asset an extensive and valuable collection of collector wines. When the wines were discovered by the trustee a referral was made to the United States Department of Justice for prosecution. Please see USA v. Joseph Carver, Case No.: 12-3026.

On appeal the Court found that:

        To be convicted of concealing assets in bankruptcy, in violation of 18 U.S.C. §152(1), the evidence must show that a bankruptcy proceeding existed under the Bankruptcy Code, the defendant concealed interests in property from the bankruptcy trustee or creditors, such interest in property belonged to the bankruptcy estate of the defendant, and the defendant acted knowingly and fraudulently. Wagner, 382 F.3d at 607. A conviction for making a false oath in bankruptcy, in violation of 18 U.S.C. §152(2) requires proof that there was a bankruptcy proceeding, the defendant made or caused to be made a false declaration or statement under penalty of perjury in the proceeding, the declaration related to some material matter, the declaration was false, and the defendant made the declaration knowingly and fraudulently. Sixth Circuit Pattern Criminal Jury Instructions § 10.01 (2011) (mail fraud) (adapted); cf. United States v. Spurlin, 664 F.3d 954, 962 (5th Cir. 2011). Carver’s convictions for these crimes are amply supported by the evidence.

Accordingly, Dr. Carver will have to spend the next 24 months or so in a federal prison for making a false oath in his bankruptcy case. As discussed in other blogs, the trade-off for a fresh start is disclosure of all assets and turn over of non-exempt assets for creditors. Failure to do so can lead to the dismissal of your bankruptcy and even time in prison.

[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:
August 27, 2012
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Bankruptcy Cases in the News

Bankruptcy Cases in the News

In a recent case, local Bankruptcy Court Judge Walter Shapero granted the Trustee’s Motion to dismiss a debtors’ case under 11 USC 707 (b)(3). The reason was that the debtors with “some belt tightening” should not have been in a Chapter 7 but had sufficient income to pay a dividend to unsecured creditors and so would have to elect to dismiss or proceed in a Chapter 13.

The case is Meletios Golematis, Case No.: 11-52238 out of the U.S. Bankruptcy Court, Eastern District of Michigan. The case turned upon whether the debtors were sufficiently needy – although technically qualified – for Chapter 7 relief. In other words, it was not alleged that the Debtors were dishonest or did anything wrong but argued whether they had an ability to repay some unsecured non-priority creditors going forward. The Court framed the inquiry as follows.

Authority to dismiss a case under Chapter 7 for abuse is derived from §707 (b)(1), which provides in part:

“After notice and hearing, the court, on its own motion or on a motion by the United States trustee, trustee (or bankruptcy administrator, if any), or any party in interest, may dismiss a case filed by an individual debtor under this chapter whose debts are primarily consumer debts, or, with the debtor’s consent, convert such a case to a case under Chapter 11 or 13 of this title, if it finds that the granting of relief would be an abuse of the provisions of this chapter.”

Under §707 (b)(3)(B), when bad faith is not a factor, courts examine the totality of the circumstances in determining whether the debtor’s financial situation constitutes abuse warranting dismissal. The UST carries the burden of establishing by a preponderance of the evidence the applicability of this ground for dismissal. In the Sixth Circuit a totality of the circumstances inquiry under §707 (b)(3)(B) involves an analysis of whether the debtor displays a lack of honesty or want of need, either of which alone may provide sufficient justification for dismissal. In re Krohn, 886 F.2d 123, 126 (6th Cir. 1989) In this case, the UST does not allege that Debtors display a lack of honesty. Instead, the UST questions whether Debtors are in need of relief under Chapter 7.

In determining whether a debtor is sufficiently needy to justify granting relief under Chapter 7, this Court analyzes whether the debtor has an ability to repay its unsecured non-priority creditors. Krohn, 886 F.2d at 126.

The case offers an excellent guide to lawyers and lay-people contemplating bankruptcies as to what are reasonable and necessary expenses for: private school tuition, children’s activities and sports, 401(K) contributions, home maintenance and overall abilities to fund a Chapter 13 plan. If you have these types of expenses you might wish to give this case a read to see how they are viewed locally – a genuine family expense or temporary luxury to be forgone for a while.

Again, the goal is equitable treatment to debtors and creditors. This is the way to a debtor’s fresh start and bankruptcy discharge. This case points out that it is not equitable to schedule unreasonably high costs of living to the creditors who would otherwise enjoy a little dividend on the debt owed to them.

[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:
August 27, 2012
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Personal Injury Cases in the News

Personal Injury Cases in the News

The San Francisco Chronicle reported recently a large settlement in a case against a “distracted driver.” Specifically, the driver was preoccupied with texting and not paying attention to his duties of safe driving. The defendant- driver’s negligence caused catastrophic injuries including the loss of a leg.

At the Vining Law Group we have represented many, many accident victims of distracted drivers. The causes have ranged from applying make-up, dropping a cigarette, cell phones and the like. In Michigan an inattentive operator who causes personal injury and other damages from a collision is liable to pay for the losses caused. This is both at common law and for statutory violations. For instance, MCL 257.627 makes it unlawful to operate a vehicle in a manner that would not permit it to be stopped in the clear assured distance ahead; and, MCL 257. 626(b) makes it unlawful to operate without due diligence and circumspection so as to be likely to endanger others.

If you would like more information concerning your rights in automobile accidents or other personal injury matters, please feel free to contact Guy Vining for a free and confidential conference.

Guy Vining, an experience 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:
August 2, 2012
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Bankruptcy Cases in the News

Bankruptcy Cases in the News

In previous blog postings we have discussed on many occasions the basic tenet that the honest debtor is entitled to relief of a discharge in bankruptcy. But what about those debtors that are dishonest or engage in risky behavior that implicate or harm others. The Bankruptcy Code provides for these types of cases in 11 USC 523 as exceptions to the general rule that in exchange for full disclosures and non-exempt assets that a debtor can obtain a complete discharge and a fresh start. In addition, a body of judge made decisions had also developed interpreting the various parts of 11 USC 523.

Most of the exceptions to discharge are common sense and are not surprising. For instance, debts arising from fraud, false pretenses, misrepresentations, luxury charges made on the eve of filing bankruptcy, child support, alimony, taxes and other types of intentional injuries. These are matters which evidence dishonorable conduct or a bad actor that should not be assisted.

In a very recent case Judge Walter Shapero of the U.S. Bankruptcy Court, Eastern District, Southern Division of Michigan decided a very interesting case. In that case it was fairly undisputed that the debtor was a very reckless driver of an automobile which led to an automobile crash causing personal injuries. When the debtor filed her bankruptcy In re Gumprecht, Case No.: 11-47982; Ad. Pro. No. 11-05909, the injured party objected to the discharge as being unfair based upon 11 USC 523(a)(6) a willfully caused injury. As mentioned the evidence showed that the debtor’s driving was horrendous but there was nothing to show that an injury was specifically intended or willful and malicious. Judge Sharpero held that the case must be reviewed under the standards announced in Kawaauhau v. Geiger, 523 U.S. 57 (1998) and in re Markowitz, 190 F3d 455 (6th Cir. 1999). As such, he stated:

    Until 1999, the Sixth Circuit’s standard for § 523(a)(6)’s “willful” requirement was rather lenient. As long as a debtor could be shown to have intentionally committed an act which led to an injury, he would be found to have acted “willfully” under § 523(a)(6), regardless of whether or not he actually intended the injury. Perkins v. Scharffe, 817 F.2d 392, 394 (6th Cir. 1987). Perkins was overruled in 1998 by the U.S. Supreme Court case of [Geiger]. In Geiger, the Supreme Court held that only acts done with the intent to cause the actually injury will rise to the level of a “willful and malicious injury” as used in § 523(a)(6): We now hold that unless “the actor desires to cause consequences of his act, or… believes that the consequences are substantially certain to result from it,” he has not committed a “willful and malicious injury” as defined under § 523(a)(6). [Markowitz, 190 F.3d at 464.]

Under the new standard the burden of proof is much higher for the creditor. For that reason Judge Shapero determined that the facts that the creditor could establish were insufficient and dismissed the objections to discharge.

[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:
June 15, 2012
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Bankruptcy Cases in the News

Bankruptcy Cases in the News

In recent blogs we have discussed the necessity to scrupulous honesty in preparing all schedules with respect to a bankruptcy petition. It all goes back to the basic concept that it is only the honest debtor that is entitled to a discharge and a fresh start. In that regard, this post has to examine some federal cases which dealt with the concept of judicial estoppel.

Judicial estoppel is a common law concept for the protection of the Courts from a party seeking and obtaining a certain determination in one Court and then taking the opposite position in another Court.

Recently, the Michigan Court of Appeals, in Spohn v. Van Dyke Schools, examined such a case and affirmed (agreed with) the decision of a trial court judge, which dismissed the Plaintiff’s claim for employment discrimination. Specifically, the trial court judge determined that the Plaintiff had filed an earlier bankruptcy and failed to disclose in her Schedule B, statement of personal property, that she had a potential claim for an employment discrimination suit. When the Plaintiff received her discharge, it was based upon the representation that she did not have such a claim and that constituted a binding determination.

Plaintiff should have disclosed the claim. The bankruptcy trustee would then determine whether to bring the claims for the benefit of all the creditors or to abandon the claim, if it was weak. Clearly the Plaintiff knew she had a claim, failed to disclose it to the Bankruptcy Court, trustee or creditors and then filed the same later in another court.

The Michigan Court of Appeals stated the rationale as follows:

 The rationale for… decisions [invoking judicial estoppel to prevent a party who failed to disclose a claim in bankruptcy proceedings from asserting that claim after emerging from bankruptcy] is that the integrity of the bankruptcy system depends on full and honest disclosure by debtors of all of their assets. The courts will not permit a debtor to obtain relief from the bankruptcy court by representing that no claims exist and then subsequently to assert those claims for his own benefit in a separate proceeding. The interests of both the creditors, who plan their actions in the bankruptcy proceeding on the basis of information supplied in the disclosure statements, and the bankruptcy court, which must decide whether to approve the plan of reorganization on the same basis, are impaired when the disclosure provided by the debtors in incomplete.

 

*****

 

The debtor signed her bankruptcy petition under penalty of perjury. By doing so, she certified that she had no claims against the Defendants. It was the Debtor’s responsibility to verify the accuracy of the information contained in her schedules and statement of financial affairs and she “had the duty to carefully consider all of the questions posted and to see that they [were] completely and correctly answered.”

 

It is therefore a cardinal rule to always disclose. Making unnecessary disclosure will never hurt the honest debtor, but failure to disclose may very well be a source of trouble, including denial of discharge, judicial estoppel, and even criminal charges.
If you have a question about the Bankruptcy Laws, please feel free to call Guy Vining of the Vining Law Group for a no charge and confidential consultation.

 

[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:
June 15, 2012
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Employment Law Cases: Discrimination Award

EMPLOYMENT LAW CASES

Discrimination Award

The Buffalo News has recently reported a $25,000,000 verdict in a racial harassment case in the state of New York. An African American was, according to the article, subjected to a culture of racism and discrimination, which management did not correct.

Guy Vining of the Vining Law Group has represented both employers and employees in racial discrimination cases. Race is a protected category in employment and under both State and Federal law in Michigan, and may not be used as a factor in effecting employment decisions. Moreover, race is one of the protected categories with respect to a basis of a harassment claim.

In this particular case, the employee alleged, and the jury determined, that the employer allowed a racially hostile environment to exist which included racial graffiti.

If you have questions about the discrimination laws in Michigan, please feel free to call Guy Vining for a no charge and confidential 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

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