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Posted:
August 30, 2012
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Negligence Cases in the News: Birth Injury Malpractice

Negligence Cases in the News
Birth Injury Malpractice

The San Francisco Chronicle has recently reported that a family from Staten Island, New York, was awarded $77,000,000.00 for birth injuries. Specifically, their daughter born 17 years earlier has suffered since birth a severe condition of cerebral palsy. Cerebral palsy is caused by oxygen deprivation to the fetus and results in profound and permanent handicaps to the child.

Hospitals and their staff are duty bound to monitor fetal health. When a breach of that duty results in an injury to a child, there is a claim against the staff and physicians and the institution responsible.

If you would like more information on medical or other professional negligence please feel free to contact Guy Vining. At the Vining Law Group, injured individuals are always welcomed to reliable and free consultation. These types of cases are normally prosecuted on a contingency fee basis so that you will not pay an attorney fee unless the case is successfully resolved.

Guy Vining, an experienced negligence 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:
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

Posted:
April 13, 2012
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Employment Law: Non-Competition Agreements

Employment Law

 

Non-Competition Agreements

#1

Guy Vining of the Vining Law Group, PLC, has extensive experience in representing both employers and employees in drafting and litigating employment agreements and non-competition agreements. This experience dates back to 1998 in a Genesee County matter in which he successfully assisted an employee in avoiding an injunction which would have prohibited him from working in his chosen field/occupation for 2 years within 100 miles of his former position.

It is very interesting to note that it was not many years ago when such contracts were absolutely illegal! The courts refused to enforce them because they were considered against “public policy.” After all, such contracts were restrictive of trades, business and pursuit of free competition, foundations of the free enterprise system, and all things American.

 

That changed with the enactment of so-called Michigan Anti-Trust Reform Act (MARA). Although MARA has a dignified name the impact of it was to allow non-competition agreements to protect established business from their employees. As in all things, the outer limits have been tested and many times employers have pushed too far and tried to obtain concessions which are sometimes draconian and many times, in reality, unnecessary. The touch-stone therefore of MARA is that a non-competition agreement will be enforceable if reasonable, as to:

 

  1. Reference an employer’s reasonable competitive business interests;
  2. Reasonableness in duration, area and time; and,
  3. Reasonable in light of the circumstances under which it is made.

 

In particular, MCLA 445.774a provides as follows:

     Sec. 4a. (1) an employer may obtain from an employee an agreement or covenant which protects an employer’s reasonable competitive business interests and expressly prohibits an employee from engaging in employment or a line of business after termination for employment if the agreement or covenant is reasonable as to its duration, geographical area, and type of employment or line of business. To the extent any such agreement or covenant is found to be unreasonable in any respect, a court may limit the agreement to render it reasonable in light of the circumstances in which it was made and specifically enforce the agreement as limited.

 

As an employer, one should be reasonable in analyzing the need for protection, the actual job duties, whether there really is any confidential matter to be protected and the extent of the protection really required. With these considerations in mind your lawyer can tailor an agreement which will be enforceable and accomplish real protection. Over kill will likely antagonize a judge and any good to be gained may be lost from the over reaching.

If you are an employer seeking to draft or enforce a non-competition agreement VLG can help you. Conversely, if you are and employee and need to defend against a non-competition agreement VLG will be able to assist you, as well.

Guy Vining has practiced law throughout the state of Michigan. His office is located in the city of Taylor, Michigan, 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:
March 5, 2012
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Top Ten Bankruptcy Mistakes: Continuing to use your Credit Card

TOP TEN BANKRUPTCY MISTAKES

#3
Continuing to use Credit Cards

The Bankruptcy Code is designed to give the honest debtor a second chance and to treat all creditors in a fair and uniform manner. One problem which arises is the situation where the debtor continues to use credit a short time before filing a bankruptcy. Under such circumstances it can be argued that this is abusive to a particular creditor.

Therefore, certain consumer debts and cash advances incurred at 90 and 70 days, respectively, before filing maybe deemed to non-dischargeable. The ultimate goal of bankruptcy is discharge of debts and so non-dischargability is to be avoided. In addition, to the non-dischargeable aspect of these items it can also create a great deal of additional legal expenses to you. That is because a creditor’s claim for non-dischargability will likely require a response from your legal counsel and additional charges will apply.

A Debtor does have a defense that if the goods and services acquired were “reasonably necessary for the support and maintenance of the debtor or a dependent of the debtor” that they are still dischargeable. However, all of this takes time and money to argue.

As a rule therefore, put those credit cards away at least 90 days before filing your case. Otherwise, you may be in for an objection to your discharge and a finding by a judge of non-dischargeability. Even if the survive these allegations you will be incurring a great deal of needless expense.

[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:
February 23, 2012
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Top Ten Bankruptcy Mistakes: Borrowing from Friends

       TOP TEN BANKRUPTCY MISTAKES

   #2

 Borrowing From Friends

 

    If you are in serious financial difficulty it ordinarily results from credit card and other non-secured debt that you can not pay. In a consumer bankruptcy, whether Chapter 7 or Chapter 13, all of the unsecured debt can ordinarily be discharged or reduced and paid off over an extended time for a fraction of the debt

Borrowing from friends or family to keep from filing a bankruptcy will usually amount to throwing “good money after bad.” If you are unable to keep up with your credit card and other debt then how can you hope to repay the family member or your friend?

The Bankruptcy Code and Bankruptcy Rules set forth a complex set of requirements for the equitable treatment of all parties in a bankruptcy. Bankruptcy Rule 1007(a)(1) requires that you list all creditors in your bankruptcy case – even family and friends. All creditors must be treated equally with respect to distributions of property, if any.

Why burden a loved one with your financial situation and possibly lose a friend or create family tension? Moreover, if a loan might help then why not seek professional help to see if the loan can be secured to protect that lender?

Only analysis of your particular situation will be able to determine a prudent course of action. However, in most instances it is better not to put in jeopardy a friend or family member pre-petition. After your other debts are discharged it would be safer for them and more helpful to you to receive a loan.

[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:
February 17, 2012
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Top Ten Bankruptcy Mistakes: Failure to Consult Early

TOP TEN BANKRUPTCY MISTAKES:

 

#1

 

FAILURE TO CONSULT EARLY

     Failure to obtain a quality and independent analysis of your financial situation as soon as you start to experience financial pressure is the worst mistake you can make. Financial pressure can lead to emotional, physical and other social problems which can steal your ability to think and joy of living from your life. Sometimes bankruptcy can help.

 

     When under pressure it is natural to fall into inability to make good choices. It is important in these circumstances to get objective and independent guidance to avoid falling further into financial traps or costly mistakes. Wishful or unrealistic thinking will not save you, no matter how honorable your intentions. Alone and uninformed we are sometimes unable to see the forest because of the trees.

 

    At the Vining Law Group, P.L.C., you will be received and treated in a confidential, dignified and comfortable setting. You will receive a free objective legal analysis of your circumstances and practical options for going forward. The Vining Law Group, P.L.C, provides the initial consultation absolutely free of charge as a service to the public! You can not get a better deal than that. So, why wait and worry? Call today to receive our free information package and to set up an appointment.

 

[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:
July 8, 2010
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Part 3. What to consider in hiring your bankruptcy lawyer

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

In this part 3 of essentials in hiring your bankruptcy attorney or lawyer Guy Vining will futher explain why it is tremendously important to use care in hiring your bankruptcy attorney. As earlier indicated do not be ashamed to actually interview your prospective bankruptcy attorney. Afterall, its your financial life which is at stake and you deserve to have a bankruptcy lawyer who is both knowlegeable and also personable. In other words, legal bankruptcy counsel with whom you can trust to handle your matter in a competent manner and also who you like working with.

6.    At your initial meeting [ or before if you like ] you should be given a number of very important documents and discuss them at least in a general way. Keep in mind that a bankruptcy attorney’s time is precious, as is yours, and so many attorneys do not discuss at an initial meeting everything in great detail but deffer detailed anaylsis or discussion until they are actually retained [ hired ]. At the Vinig Law Group, PLC at every initial conference, however, the prospective client is given a number of important items to help them to assist in preparing their case and thinking through their finances. You should ask any bankruptcy attorney you interview to provide with at least the following items: 527 disclosures, checklist for required documents and detailed questionaire form.

7.    The 527 disclosure forms are actually required by the Bankruptcy Code. In the recent reformation of the Bankruptcy Code the US Congress determined that consumers MUST be give and sign to acknowlege receipt of these forms. These disclosures set forth many of your rights and also your obligations in filing for a bankruptcy. These are very detailed and can not be covered in the brief space of this posting but a few important areas follow. Among other things, the 527 disclosures cover the distinctions between common bankruptcy chapters. These chapters are outlined in a general way, the concept of a discharge in bankruptcy and what it means to you, options avalible other than bankruptcy, the need for absolute accuracy and honesty in the preparation of bankruptcy schedules, proper methods of valuation of property in your individual case and many, many other items are covered. At the Vining Law Group, PLC it is the practice to give out this material whether we are hired or not as it is important information for you to have. Generally, Guy Vining will discuss these items briefly and then if retained will answer any specific questions regarding the 527 disclosures at your second meeting with him. Make sure that you receive a copy of these important disclosures either before or at the time of your first appointment with your bankruptcy lawyer or bankruptcy attorney. They will be invaluable to you in understanding your rights and obligations.

8.    Your bankruptcy attorney should also give you a detailed checklist of what paper work is required from you to file a bankruptcy case. The practice at Vining Law Group, PLC is provide the same free of charge upon the asking or at the first meeting for a no cost consultation. You will find that most bankruptcy attorneys will have their own form of a checklist and will or should provide the same for you at no cost. These materials are essential and I repeat essential. If you file your bankruptcy case without having all the needed paper work your case might become a great deal more expensive as your attorney may need to get involved to obtain the same for you or repeated meetings of creditors may be required. In extreme cases your bankruptcy petition could even be dismissed because under the Bankruptcy Code you have an absolute duty to provide certain information and to cooperate with the trustee that is appointed to administer your estate. Under most circumstances it is the recomendation of the Vining Law Group, PLC that you do not file a bankruptcy petition until all your paper work is in order…why take a chance at something so important? Moreover, thes e documents may become extremely important in determing what your property consists of and what you can exempt [ keep ]. finally, certain documents may need to be anaylzed by your bankruptcy attorney so thet the property can be appropriately classiifed and scheduled on your bankruptcy schedules. Guy Vining will be pleased to discuss with you the documents which are required to successfully complete your bankruptcy.

9.    At your initial, no charge consultation at the Vining Law Group, PLC, its principal, Guy Vining, will also give you a detailed questionaire to complete. We call this your homework and indeed it is not easy for most folks. What’s the expression: no pain, no gain? This ” homework” must be completed as the bankruptcy process is meticulous and a good bankruptcy attorney will not file sloppy or incomplete schedules. Most bankruptcy attorneys will also provide with some document which is similar to help you help the bankruptcy lawyer help you. You see the bankruptcy petition is a series of schedules which identifies you as an individual, accounts for all of your assets, all of your liabilities, determines which items of property you wish to retain [ exempt ] and describes in great detail all of your recent income and financial affairs. Most bankruptcy attorneys have some questionaires avaliable to assist in the preparation of the schedules which need to be filed with the court. If you would like to obtain one to see what is entailed before an initial no cost meeting Guy Vining will be pleased to make the same avaliable to you. If you retain Vining Law Group, PLC, Guy Vining is most pleased to help with areas on the questionaire which you find to be difficult or complicated.

As earlier indicated when choosing your bankruptcy lawyer do not hestitate to ask a lot of questions concerning the bankruptcy attorney’s experience, philosophy of practice and about the tye of attorney client relationship that you can expect. Guy Vining has been a life long resident of the metro-Detroit so-called downriver area and has been of service to hundreds and hundreds of clients in multiple legal areas and has dedicated his professional practice to helping others. If you have any questions please feel free to emai or call Mr. Vining.

Posted:
July 7, 2010
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Part 2. What to consider in hiring your bankruptcy lawyer

Guy Vining, a bankruptcy attorney, in downriver Detroit, maintains his office in Taylor, Michigan where he serves the local communities of Monroe, South Rockwood, Newport, Carleton, Rockwood, Gibraltar, Brownstown Township, Woodhaven, Trenton, Southgate, Riverview, Wyandotte, Allen Park, Lincoln Park, Romulus, Dearborn Heights, Dearborn, Huron Township, Wayne, Westland and Ecorse. If you or a family member or a friend would like a no obligation no cost consultation / financial anaylsis, just call Guy Vining of Vining Law Group, PLC and we will pleased to schedule an appointment at your convenience.

In this part 2 of essentials of hiring your bankruptcy attorney or lawyer Guy Vining will further explain why it is important to select your legal counsel with care for bankruptcy and other matters. While there are literally hundreds of bill boards, yellow page and newspaper adds screaming stop foreclosure, stop garnishment, lowest prices, etc., etc. how do you really choose? How do you know? Is the lowest price really the best deal…and, what is fair value? As we saw in part 1 you must choose your bankruptcy attorney or lawyer with at least the care of purchasing a good suit or pair of shoes! It may take some shopping and an understanding that in the end we only ” get what we pay for ” whether for quality clothing or for legal services. However, since obtaining a discharge, debt relief and a fresh start are so essential to the commencement of the rest of your life Guy Vining respectfully suggests the following:

4.    Your bankruptcy attorney should use at least two fee agreements. At the Vining Law Group, PLC your first visit for an initial consultation is completely without charge. The first fee agreement from your bankruptcy attorney at the Vining Law Group, PLC will verify this. Specifically, the bankruptcy lawyer will sign a statement for your record and his that the first meeting does not create an attorney client relationship and is without any charge to you. This is your oppurtunity to get quality and free advice and to see whether your feel comfortable with the bankruptcy attorney. Afterall, an attorney client relationship is an important relationship which could span a bankruptcy alone or even many, many years. Guy Vining has dozens of clients that have done business with him for many years and have been so satisfied that they have referred many family members and friends for legal assistance.

5.    At the initial meeting all fees, costs and proceedures will be carefully explained to you. If you decide then or later to hire Vining Law Group, PLC as your bankruptcy attorney then a second and more detailed fee agreement will be prepared in writing which will guarentee to you and your family what the standard charges for services are. This document will outline what charges are for filing fee, required credit counseling courses, credit checks, and all standard services from filing to discharge. It is important to Vining Law Group, PLC that not only do you have a clear understanding of these obligations but also that there are no unpleasant financial surprises for you. Afterall, you have already had enough of financial problems!! Is some bankruptcy cases additional non-standard problems arise which your bankruptcy lawyer can not always anticipate. However, during your initial and subsequent interviews your bankruptcy attorney will attempt to guide that process and examine whether there may be some rough spots. If so, they will be discussed and all of your questions answered. The second fee agreement will be prepared to indicated what additional charges for court cost and attorney fees for your bankruptcy lawyer will be if such problems do occur.

When calling a prospective bankruptcy attorney or lawyer do not be shy. It is your case and your financial future. Make sure that you find out what their policies are in relation to attorney fees and other costs. Do they provide two written fee agreements for your protection as a consumer? Do they provide an initial consultation without a charge? In addition, make sure that during your initial conference that you discuss whether there are unusual features of your case which may require additional work for the bankruptcy attorney. If there may be additional work for the bankruptcy lawyer then get a clear understanding in wiriting of what the related charges will be. If you have any questions at all please free to contact bankruptcy attorney, Guy Vining

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