Michigan Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in Michigan
June 6, 2013 By Buckfire & Buckfire, PC
Defective medical device lawyers at Buckfire & Buckfire, P.C. are now accepting Michigan Mirena IUD lawsuits.
May 12, 2013 By Patrick S. Fragel, Attorney at Law
The Michigan MIP law allows Courts to dismiss the case if the minor successfully completes a probationary period. Deferred prosecution protects the underage drinker from jail and a permanent criminal record. On the other hand, the repeat offender faces potential jail time, costly probation conditions and a mandatory license suspension.
April 30, 2013 By Patrick S. Fragel, Attorney at Law
Every criminal defense in Michigan rests on the strength of the Prosecutor's evidence. Discovery is essential to a successful criminal defense strategy. Discovery is the stage where your Defense Attorney submits a written demand to inspect the evidence, and get copies of all reports. If the Prosecutor refuses to comply with the Discovery Demand, the Court may issue and Order Compelling Discovery, which directs the Prosecutor to release the evidence.
April 29, 2013 By Patrick S. Fragel, Attorney at Law
People with a one drug possession conviction lose Student Financial Aid eligibility for one year from conviction date. People with two drug possession convictions or one drug sales/delivery conviction lose eligibility for two years. Those with three drug possession convictions or two drug sales convictions are ineligible indefinitely.
April 8, 2013 By Law Offices of Marshall D. Schultz
It’s a reality that bankruptcy and divorce often coincide, but the question is, which should come first, bankruptcy or divorce? The answer to that question will depend on your individual set of circumstances and if you want to take the risk and wait.
March 20, 2013 By The Clark Law Office
This article describes the most common defenses used when facing a criminal charge. It's important that the accused are made aware of their rights so that they can properly defend oneself. Briefly describes self-defense, statute of limitations, alibis, entrapment, and insanity defense strategies.
January 23, 2013 By Patrick S. Fragel, Attorney at Law
The Michigan Implied Consent statute has the power of a double-edged sword when added to the fines, costs and jail-time handed out for a drunk driving conviction. If a driver refuses to consent to a chemical test, they face a mandatory 12 month suspension, and 6 points on their driving record.
January 4, 2013 By Law Offices of Marshall D. Schultz
The average person knows little about bankruptcy, but many have heard common bankruptcy myths floating around. If you are drowning in debt, this is what you should know about the bankruptcy basics.
November 9, 2012 By The Clark Law Office
A brief article regarding the dangers of head-on-collisions and how to deal with injuries sustained afterwards.
November 9, 2012 By The Clark Law Office
An overview into the impact that distracted drivers have in the State of Michigan and various ways that it can avoided.
November 6, 2012 By Boulahanis & Associates
For those that are pulled over and tested by an officer for signs of drinking and driving, one thing that is commonly looked for is the onset of Horizontal Gaze Nystagmus, which can be a sign of alcohol consumption. While nystagmus can be evident in anyone, alcohol can cause it to be more severe or occur sooner than it normally would.
Why You Should Advise Your Michigan Drivers License Attorney of Any Addictive Prescription Medications
September 20, 2012 By Mark Langschied Law
If you are meeting with Michigan drivers license appeal lawyers to select one to help reinstate your drivers license, make sure to disclose any medications you are currently taking. Failing to advise your Michigan drivers license appeal lawyer of the medications you are taking can be fatal to your case. This is especially important if you are taking addictive prescription medication
August 10, 2012 By Dhade & Associates, PC
Driving Under the Influence of Alcohol (DUI), impaired driving and similar US convictions, have many consequences for an individual, including a possible criminal record in the United States. Those who are not US citizens, also have to be concerned about possible US immigration consequences of their DUI criminal conviction.
August 3, 2012 By Dhade & Associates, PC
US immigration laws, regulations and policies are complex and contradictory. The impact is profound. Many find themselves struggling for years or even decades to normalize their status and obtain permanent residence in the United States. Unfortunately for millions, the struggle ends with nothing more than a deportation order. This causes tremendous stress on families to see their loved ones deported and removed from the United States.
July 28, 2012 By Dhade & Associates, PC
Spouses and children (unmarried children under the age of 21) who are accompanying or following to join NAFTA Professionals (TN visa holders) may receive a TD visa. Applicants must demonstrate a bona fide spousal or parent-child relationship to the principal TN visa holder. Dependents do not have to be citizens of Mexico or Canada. Spouses and children cannot work while in the U.S. They are permitted to study.
July 28, 2012 By Dhade & Associates, PC
TN status is a nonimmigrant classification that enables Canadian and Mexican citizens to work in the United States pursuant to appendix 1603 of the North American Free Trade Agreement. The history of the TN is interesting. On December 17, 1992, the Presidents of the United States and Mexico and the Prime Minister of Canada entered into the North American Free Trade Agreement (NAFTA).
July 24, 2012 By Dhade & Associates, PC
H-1B visas are typically utilized by U.S. employers seeking to employ a foreign national in a specialty occupation. See www.uscis.gov. Prior to filing the I-129 petition for an H-1B visa, a Labor Condition Application must be applied for with the Department of Labor. The Labor Condition Application requires the U.S. employer to make four essential attestations in order to protect the U.S. labor market.
If you live in Michigan, you probably know the premise behind no-fault auto insurance law, but you may not know that your ability to bring a third party lawsuit against the negligent driver is severely limited. In return for the limited ability to bring a third party suit, it should be easier to collect expenses such as medical bills, but the Michigan auto insurers are now trying to deny drivers even these benefits if they are at fault even though Michigan has a no fault system in place!
Michigan no-fault insurance is designed to make sure anyone involved in auto accidents in Michigan has their medical needs paid for and any income lost to injuries reimbursed. It doesn’t matter who is at fault in the accident or how many vehicles were involved. If you’ve been involved in an auto accident, it’s important to know what benefits you’re entitled to.
For various reasons relating to the increase in property tax appeals in recent years, the Michigan Tax Tribunal has found itself in a position where numerous procedural changes are necessary in order that it might keep up with claims. The following article addresses these changes.
For years, a mandatory motorcycle helmet law was in effect throughout the state of Michigan. However, recent changes have made the state slightly more lenient regarding the use of motorcycle helmets. Bikers now have the option to ride without a helmet, provided they meet certain requirements under the new law.
Approved by 63% of voters throughout Michigan, the Medical Marihuana Act became effective as of April 2009. This Act allows the use of Medical Marijuana within the state in accordance with the provisions stated, and over 222,413 original and renewal applications have been received since the creation of the Act. Only Michigan residents can apply to be a registered patient in the Michigan Medical Marijuana Program (MMMP).
A short article describing how damaged road surfaces and poor road design lead to auto accidents and how you should proceed if you feel your accident was caused by these reasons.
In mid March of 2012, the Supreme Court of the United States approved a request for a new trial for a Michigan man who claimed that his lawyer had been giving him bad advice. The Cooper case highlights one of the most important aspects that both lawyers and the general public should take into account when it comes to cases of criminal defense.
Fraud is one of the more serious criminal offenses that a person can be charged with. Though it is not serious due to a physical act of violence, in most cases, it is a serious offense in the sense that it can cause great financial turmoil for a victim of fraud and potentially put a victim or group of people in danger.
Few people are unfamiliar with the bankruptcy terms referred to as Chapter 7 and Chapter 13. However, far more are less familiar with what the difference between these two types of filings is and just how it can be determined when to use one versus another. Bankruptcy is most often a court-ordered process that is first initiated by the debtor.
A trade name can be the legal name of a company or may be a name under which it does business even though not actually incorporated under that name. For reasons that are primarily historical, trade names themselves are not federally registered, although may be registered by states.
If you or a family member has lost a loved one due to an accident you may have means for a Michigan wrongful death lawsuit. Many people may ask, “What is wrongful death?” A wrongful death is defined as a death that resulted due to the negligence or misconduct of another person.
According to the Millennium Research Group, medical errors are the fifth leading cause of deaths in the United States, with up to 98,000 deaths annually. Research has found that medical errors are the third highest cause of death in the U.S., following heart disease and cancer.
Our medical negligence attorneys in Michigan represent plaintiffs in malpractice cases against Michigan hospitals and their staff members for hospital errors. Hospital errors are not uncommon, as they attribute to 225,000 deaths per year. However, the number may even be larger than that, as 80 percent of hospital errors go unreported by hospital employees, according to the U.S. Department of Health and Human Services (HHS).
1.3 million Americans are injured every year due to medication errors. These errors are preventable. The National Coordinating Council for Medication Error Reporting and Prevention, defines a medication error as any preventable event that may cause or lead to inappropriate medication use or patient harm while medication is in the control of the health care professional.
Our Michigan medical negligence attorneys realize that many of times patients injured due to medical malpractice don’t always file a lawsuit, not understanding their rights or knowing they are a victim of malpractice. The Institute of Medicine of the National Academy of Sciences found that nearly 90,000 people lose their lives annually in the hospital, resulting from a medical error; however, only 2 percent of those who suffer injuries from medical negligence make claims.
Our medical negligence attorneys in Michigan recognize the high risk of medication errors in hospitals and you should too. “Know all the drugs you r child is getting: know the dosages and the schedule of those drugs,” says Dr. Joseph Scherger of the University of California at Irvine. “The parent needs to be aware that hospitals are dangerous places.”
Most medical malpractice victims never recover a dime because they do not know they are victims of medical negligence. Our medical negligence attorneys in Michigan want to educate individuals on what is medical malpractice. In fact, it is estimated that 225,000 deaths result from medical malpractice, but nearly two percent of people who have suffered an injury from malpractice ever file a claim.
Our motorcycle crash attorney represents victims of Michigan motorcycle accidents. The results of these accidents are catastrophic, many of times resulting in wrongful death. In fact, the probability of a getting into a motor vehicle accident and suffering injuries is much higher driving a motorcycle than driving in a car.
Our motorcycle crash attorney represents motorcyclists injured in Michigan motorcycle accidents. The injuries suffered in these accidents many of times result in very catastrophic injuries. Although, there are different views on whether or not helmets do protect the safety of the biker, we would like to share with you some interesting statistics reported by the Centers for Disease Control Prevention (CDC).
Top Michigan car accident lawyer advises drivers on how to prevent auto accidents during the winter season. Call now if you suffer injuries in a Michigan auto accident. Our Michigan car accident lawyers often represent auto accident victims in cases that result from hazardous winter driving conditions. Many times, these car accidents could have been avoided had a few driving tips been followed by the driver. A few basic safety rules can go a long way toward accident prevention.
Liquor laws in Michigan are among the most complex out of all of the United States. Being able to navigate these laws efficiently yet with care requires both knowledge and experience. If you are looking into acquiring a liquor license, there are a number of things you should know before you begin the process.
Most township officials are aware of the importance of complying with the Freedom of Information Act (FOIA). Like a number of other areas of law, compliance with such a statute has become increasingly complex as a result of shifting interpretations by the courts. Learn more about the cases that have had an effect on the interpretation of the act in recent years.
In April 2008, plaintiff Joao Gafanhao, 45, was driving northbound on Kennedy Blvd when he entered the intersection at 10th St and the front of his 1994 Ford Mustang stuck the front right panel of a 2004 Mercedes driven by Thomas Tota, who had been driving southbound on Kennedy Blvd and was attempting to turn left onto 10th St.
Detroit personal injury attorneys discuss postoperative bedsore case. In June 2006, plaintiff Dominick Carelli, early 50s, underwent bariatric surgery. The procedure was performed at Westchester Medical Center, in Valhalla.
In April 2006, plaintiffs Blake Gladin, 8, and Reise Gladin, 3, were passengers in a vehicle being driven to school on a freeway in Central Brevard County, Florida when the driver lost control of her sedan as she tried to avoid a truck that had entered her lane. Her sedan was then struck by a tractor-trailer driven by Scott Brecht in the course of his employment for Conrad Yelvington Distributors Inc.
Grand Rapids, MI intellectual property attorney Terry Linn discusses Uniloc v. Microsoft. A “rule of thumb” used by accounting experts for many years to approximate royalties in patent cases is no longer admissible in the courtroom.
A discussion of how parties accept responsibility during the litigation process, and the role this plays in settlement. The Value of Shared Responsibility: A Litigator’s Perspective © 2011 Jonathan B. Frank
One of the most common questions Social Security disability lawyers hear is, "Do I qualify for Social Security disability benefits?" Unfortunately, this is one of the hardest questions to answer. Social Security regulations are complex and confuse many applicants.
It is critical to submit evidence to support your Michigan driver’s license appeal. If you fail to do so, the consequences may be severe because you may lose your Michigan driver’s license appeal.
Before you decide to franchise your restaurant or business, there are a number of things you'll need to consider. This article examines five of these considerations: Is your restaurant "franchisable?" Have you opened more than one location? Are you able to support franchisees? Do you have a plan for marketing and advertising? And are you legally ready?
Michigan child sport injury attorney discusses child injury cases in Michigan and offers information on your legal rights after a sports related child injury.
Twice in October 2007, plaintiff Ronald Campbell, 55, an insulin-dependent type II diabetic, experienced a hypoglycemic (lower than normal level of blood glucose) episode, became nonresponsive, and was taken to Temple University Hospital's emergency room, where his blood sugar was stabilized. One of the instances, on October 11th, was very severe and the attending physician was Michael DeAngelis.
In May 2004, plaintiff David Belding, 50, an installer of protective window coatings, worked at a commercial renovation site that was located at in Manhattan. During the course of his work, Belding fell off of a 12-foot-tall A-frame ladder. He landed on the ground, and he sustained injuries of an ankle and a leg.