ACS state chapter hosts annual dinner
The Michigan Lawyers Chapter of the American Constitution Society will host its 6th Annual Dinner on Thursday, November 29, at 6 p.m at the Detroit Golf Club.
The program will honor Michigan Supreme Court Justice Marilyn Kelly with the group’s William Milliken Award.
A keynote by Brian Dickerson of the Detroit Free Press will address judicial independence.
Tickets cost $100 and can be ordered at http://www.acslaw.org/MISixthAnnualDinnerMeetingRSVP.
Contact Prof. Gary Maveal at 734.355.5911 for additional information.
Court reverses result in case of dark stairs
MONROE (AP) — A woman attending a memorial for her ex-husband was looking for a bathroom when she opened the wrong door, fell down the stairs and was injured in Monroe County.
But the Michigan appeals court says those dark stairs are not the fault of the homeowners.
Monroe County Judge Joseph Costello Jr. had ruled in favor of Lorna Schlecht, recalling his son once had mistakenly done the same thing. “Boom, down the stairs you go,” the judge said.
But the appeals court, in a recent 3-0 decision, said the stairwell and darkness would not be hidden dangers to an average person.
The three-judge panel ruled in favor of David and Suzanne Doom and dismissed a lawsuit stemming from the 2009 incident.
Motorcyclist can sue city over pothole
LANSING (AP) — The state Court of Appeals has saved a motorcyclist’s lawsuit against the city of Lansing, saying a mistake in the location of a pothole shouldn’t doom his case.
Kyle Speelman was thrown from his motorcycle and injured when his bike hit a pothole on Mount Hope Avenue. He was traveling westbound, but his notice to the city said he was eastbound.
That was enough for an Ingham County judge to dismiss the case.
But the appeals court revived it last week, noting there were photographs and an online map pinpointing the location of the pothole.
The decision was 2-1. Judge Michael Riordan disagreed with the decision, saying Michigan law requires the exact location of a road defect.
Appeal won’t be heard in tampering case
WASHINGTON (AP) — The Supreme Court won’t review a decision to throw out sanctions and a $600,000 award against Miami prosecutors in a witness-tampering investigation where members of the defense team had allegedly been secretly recorded.
The high court this week refused to hear an appeal from Dr. Ali Shaygan, who has been acquitted of 141 counts of illegally prescribing painkillers.
A federal judge said publicly that three prosecutors and a Drug Enforcement Administration agent acted “vexatiously and in bad faith” for failing to obtain permission before authorizing two witnesses to record conversations with Shaygan’s attorney and his investigator.
But a federal appeals court threw out the sanction and award, saying the judge violated the prosecutors’ due process rights in 2009 when he issued a public reprimand for their alleged misconduct.
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