Hot Legal News
Revolutionizing The Jury Trial:
The Michigan Supreme Court
Releases New Jury Rules
On June 29, 2011 the Michigan Supreme Court approved new rules for civil and criminal jury trials that will allow jurors to be more active participants. Under these new rules, jurors will be permitted to take notes, discuss the evidence throughout civil trials, and submit questions to the judge to ask witnesses. Trial judges, however, retain discretion in deciding whether to allow most of the new practices.
The new jury reform principles, which are generally incorporated in a new MCR 2.513, took effect on September 1, 2011. The changes have been in the works since 2005. Following public comment, a 2-year limited pilot program was conducted in 12 Michigan courts, producing results from 97 jury trials.
The MSC order with only Justice Diane Hathaway dissenting, essentially modernizes the jury trial. Justice Markman provided a concurrence setting forth no less than15 reasons why these rules are necessary.
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Feature Article
Doctors Drunk with Fatigue
© 2010 Norman D. Tucker
In 1999, the Institute of Medicine estimated that as many as 98,000 deaths per year are due to medical errors. The frequently used analogy is this is the equivalent of a fully loaded Boeing 747 crashing every working day, killing all on board. Even this analogy seems to have failed to incite the juror s ire; mistakes happen, we are all human. But what if they knew that too often the 747 pilots were intoxicated?
We have known for years that fatigue impairs mental function. The national disasters attributable to fatigue are well known. Those often cited are: the Chernobyl Nuclear Plant Explosion, the Three-Mile Island nuclear accident, and the Exxon Valdez
oil spill, just to name a few.
To guard against the well recognized hazards of fatigue, many occupations requiring high levels of mental alertness have severely restricted weekly and shift work hours. Medicine, however, literally and figuratively, is still at the bottom of this list.
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Norman D. Tucker
Sommers Schwartz PC
2000 Town Center, Suite 900
Southfield, MI 48075-1100
(248) 355-0300
ntucker@sommerspc.com
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Success Stories
Recent Settlements & Verdicts
$2,100,000 Settlement
Attorneys Richard L. Groffsky and Matthew G. Curtis obtained a $2,100,000 settlement in a medical malpractice case filed in Cook County Circuit Court (Illinois) involving a newborn who suffered motor deficits after a delay in testing.
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$2,500,000 Verdict
Attorney Samuel Meklir obtained a $2,500,000 verdict in a medical malpractice case filed in Washtenaw County Circuit Court. Plaintiff sought damages from her OBY/GYN, Dr. Norman Gove and St. Joseph Mercy Hospital after she suffered a bowel injury during a D & C procedure.
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View the article and video
in the Oakland Press
$1,050,000 Verdict
Attorney Samuel Meklir obtained a $1,050,000 verdict in a medical malpractice case filed in Oakland County Circuit Court. Plaintiff sought compensatory damages from defendants Martin Berthiaume and William Beaumont Hospital after a fractured femur resulted in the need for a colostomy bag.
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$1,830,000 Settlement
Attorney Michael J. Cunningham and Mathew G. Curtis obtained a $1,830,000 settlement in a medical malpractice case filed in Oakland County Circuit Court involving a Hypoxic Brain Injury
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More Verdicts and Settlements
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Elections & Appointments
Robert Darling was appointed by the Michigan Association for Justice (MAJ) State Delegate to the American Association for Justice.
Robert Darling was appointed a Member of the American Board of Trial Advocates (ABOTA) and subsequently raised to the Advocate Level in ABOTA.
Robert Sickels was appointed by the Michigan Association for Justice (MAJ) to the Executive Committee.
Daniel Swanson was elected Treasurer of the Employment and Labor Section of the State Bar of Michigan
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Awards & Recognitions:
3Sommers Schwartz Lawyers Named
dbusiness Top Lawyers 2012
More than 15,000 private attorneys were polled in the five-county region. The lawyers were asked to nominate up to three attorneys among 49 specialized practice areas. Of the nearly 900 honorees selected from thousands of votes cast electronically, special weight was given to lawyers chosen by attorneys working in firms other than their own. The following are the Sommers Schwartz lawyers recognized in the
2012 dbusiness Top Lawyers:
Daniel Swanson -
Employment Law
Norman Tucker -
Personal Injury
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Announcements:
Victor Coen Receives 40-Year Service Award
from Oakland County Bar Association
At its 77th Annual Meeting, the Oakland County Bar Association presented Sommers Schwartz attorney
Victor Coen with a plaque in recognition of his 40 years of service to the legal profession. Mr. Coen is a senior shareholder of Sommers Schwartz and concentrates his practice in the areas of probate, estate and trust administration, and estate planning.
Mr. Coen has served on the OCBA Juvenile and Probate Court Committees. He is also a past-president of the Myasthenia Gravis Association of Michigan. In his 40 years of practice, he has acted as an Adjunct Professor in the area of Estates and Trusts at both Oakland University and Mercy College.
The Oakland County Bar Association has served the varying and diverse needs of its members since 1934. Today, the OCBA is an association of more than 3,000 members. Throughout its rich history, the OCBA has built a strong reputation and foundation on its services and activities based on the changing needs of its members.
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Sommers Schwartz
Community Involvement
Attorney Jesse Young Named 2011 "Volunteer of the Year" by Habitat for Humanity 
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| Jesse Young reciving the 2011 Volunteer of the Year Award |
Sommers Schwartz attorney Jesse Young has been named 2011 Volunteer of the Year by Habitat for Humanity for Western Wayne. Before becoming an attorney, Mr. Young was a licensed builder who owned and operated a successful residential construction business. In 2010, he began putting his building skills and expertise into action with Habitat as a volunteer Site Supervisor. In his time with Habitat, he has worked on five homes. He supervises large crews of volunteers on the weekends, teaching them how to do everything from building walls and garages to installing roofs, siding, doors and windows. Mr. Young has also volunteered his legal services to Habitat.
Mr. Young's law practice focuses primarily on employment litigation, business litigation, and collective actions. He represents employees in need of help with severance negotiations, wage and hour disputes, discrimination, and retaliation. Additionally, Mr. Young represents persons and businesses experiencing contractual disputes and/or business torts.
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October - Special Olympics, State Soccer Finals
 The State Soccer Finals is one of seven state-level competitions held annually for SOMI athletes. There are a total of 72 soccer teams that participated in the event. Fourteen Sommers Schwartz employees volunteered their time over the weekend festivities to help with opening ceremonies and organization of the event. However, working with the athletes was the most rewarding experience of all.
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Presentations & Publications
Events & Speaking Engagements
December 2011: Scott Weidenfeller spoke at the 2011 Michigan Association for Justice Med Mal Seminar. The topic was "Persuasion Tactics that Work."
December 2011: Richard Toth Spoke at the 2011 Michigan Association for Justice Med Mal Seminar. The topic was "Ostensible Agency: 30 Years After Grewe."
May 2011: Robert Sickels spoke at the 66th Annual Michigan Association for Justice Rapid Fire Seminar on "Medical Device Litigation in Michigan."
April 2011: Kevin Stoops spoke on a Panel Presentation at U of D Law School. The topic was - "Summer Associates: Preparing for a Successful Summer."
April 2011: Norman Tucker spoke at the ESD Institute Medical Symposium.
April 2011: Dan Swanson spoke at ICLE's 26th Annual Labor & Employment Institute.
March 2011: Jason Thompson spoke at the Wage and Hour Seminar co-sponsored by Ohio Association for Justice, AAJ and WILIG. The topic was - "H2B Visa Workers and FLSA Violations."
Publications & Articles
October 2011: Norman Tucker interviewed by Michigan Lawyers Weekly. "Headlines, schmedlines; Truth is, big jury awards are rare, over reported."
Read Article.
April 2011: "Defeating Employers' Motions for Preliminary Injunctions to Enforce Non-Compete Agreements: The Critical Cases" by Daniel Swanson
Read Article.
February 2011: Jason Thompson published in the Michigan Bar Journal - Wage and Hour Litigation - "Employee Status."
Read Article.
February 2011: Attorney published in the Detroit Metropolitan Bar's Detroit Lawyer - "The Power of Listening."
Read Article.
January 2011: Sommers Schwartz Human Resources Director Denise Doherty and Paralegal Chelsea Richardson published in Michigan Lawyers Weekly - "Effortless Job? Not quite so easy for today's paralegals."
Read Article.
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