It’s clear that business as usual is not working in Michigan. Michigan’s government is broken, and it needs some fixing. The question is how do we fix it to move our state forward.

www.ReformMichiganGovernmentNow.com claims that it’s ballot proposal is the way to get real change in Michigan by amending the Michigan Constitution in a way that will:

• Reduce the salaries of executive branch officials, legislators and judges

• End free lifetime health care for lawmakers and bring their retirement benefits in line with other state workers

• Increase transparency by requiring elected officials to disclose their income and assets every year.

BUT HOLD ON….NOT SO FAST SAYS the Coalition of Citizens Protecting Michigan’s Constitution, a group spearheaded by Robert Labrant of the Michigan Chamber of Commerce. The CCPMC has retained two Michigan high power law firms to prevent you from voting on the Reform Michigan Government Now Proposal. Listen live on Sunday August 10, 2008 to the LawShow and learn what about this proposal the Chamber of Commerce doesn’t like and why it doesn’t want you to have a chance to vote on the ballot proposal.

To see what the Reform Michigan Government Now ballot proposal is see the summary fact sheet below.

Reform Michigan Now - Fact Sheet

Don’t miss this Sunday’s law show Andrew Nickelhoff will be on and will discuss in depth Reforming Michigan’s Government.

Mr. Nickelhoff also provides representation and advice to the Michigan Democratic Party, as well as Democratic Party organizations and candidates. He is an active cooperating attorney for the American Civil Liberties Union of Michigan and a member of its Advisory Board, and has successfully litigated constitutional claims involving Internet censorship, student speech, and other matters.

 
 
I want to hear what you think - be sure to leave your comments below.

 

Last week Dailey Law Firm attended a meeting of prominent personal injury attorneys in Atlanta, Georgia representing victims of a defective contact lens solution.  The particular contact lens solution which was on the market for several months in late 2005 through early 2006, appears to have been ineffective against certain fungi and bacteria, especially a fungus called Fusarium.  As a result of using the contact lens solution, people have had injuries ranging from the development of corneal ulcers to the loss of vision.  For more information, or if you suspect that you have suffered an injury as the result of the contact lens solution, contact the Dailey Law Firm, P.C.

According to a survey of the legal need of seniors in Michigan, conducted by the nonprofit Elderlaw of Michigan Inc, discloses that seniors need to learn their legal rights like how to plan their estate and whom to appoint to handle their finances in the event they are unable to do so.

Other issues that also arose in the survey: safety and mobility, especially for low-income older people, who have drastically different legal needs than those who have more resources.

“We needed a better understanding of what the needs were of older adults,” said Kate Birnbryer White, executive director of Elderlaw. “We want to make sure that we’re prepared to meet their needs, that we’re putting our resources in the right places.”

The survey, conducted in December, asked 640 people to discuss everything from whether they have a will to whether they’ve received a hard sell from a door-to-door salesman within the past year. A final report on the survey is expected by Aug. 1.

Less than half of those who responded said they felt they knew their rights when they were in the hospital or receiving Medicare or Medicaid to pay their health care bills.

That’s not a problem for Kathleen Richardson, 58, of Okemos. She’s a registered nurse and her husband, Mark Richardson, is a doctor. She also has inflammatory arthritis and coordinates a support group for others with the disease.

“A lot of people, especially older people, are intimidated by doctors,” she said. “The older generation, I think, they were trained to not question what the doctor did.”

Almost one-third of survey respondents had created a health care power of attorney, which designates someone to make medical decisions on their behalf - but even that is not enough, White said.

“Ideally, we would want the goal of 100 percent of people having those documents available should they become necessary,” she said. “It’s really not just an issue for older adults. Any of us could get hit by a truck tomorrow.”

Estate planning

It’s also important for people to think about how they want their estate used after their deaths, White said. But 53 percent of survey respondents said they didn’t understand probate law, and 37 percent didn’t have a plan for their estate.

Only 2.4 percent of people had designated a financial power of attorney, which designates someone to handle their finances when they are incapacitated. It’s a simple form available at most financial institutions.

“They don’t always have to go to an attorney and draft a big document,” White said.

Besides legal issues, safety and mobility are key for low-income folks over 50, the survey shows.

Feeling of security in their estate plans

“Only 20 percent of our lower-income households said they actually felt safe in their house, which I felt was very shocking,” said Keith Morris, director of legal services for Elderlaw. “Only 17 percent of them said they were able to go where they wanted when they wanted.”

A quarter of low-income seniors said they had problems in meeting their bills, and their overall understanding of legal issues was much lower than survey respondents with higher incomes.

Marion Owen, director of the Tri-County Office on Aging, said that information correlates with her experiences at the agency. It distributes information about legal resources to the people it serves through its programs.

“We try to get at people from different angles, whether they’re with Meals on Wheels or in a senior center,” she said.

One of three Plaintiff’s awarded $134,000,000.00 in damages against pharmaceutical giant Wyeth died Thursday at noon, said one of her Reno lawyers, Geoff White. She was under hospice care for her lung cancer, he said. She was 65.

Forrester, Arlene Rowatt, 67, of Incline Village and Jeraldine Scofield, 74, of Fallon, were awarded $58 million after a jury found that Wyeth drug, Prempro, used to counter menopausal symptoms, caused their breast cancer.

The results of two large-scale studies on the health risks and benefits of hormone replacement therapy (HRT) for post-menopausal women dropped a bombshell of bad news this year. The Women’s Health Initiative (WHI) study, sponsored by the US National Institutes of Health (NIH), and the UK’s Million Women Study, sponsored by the British Medical Research Council (MRC) and Cancer Research UK, both found that HRT significantly increases the risk of invasive breast cancer. The US study also found higher risks of heart attack, stroke and blood clotting. The NIH took the unusual step of halting the WHI trial and recommended that women stop taking HRT for mild menopausal symptoms.

The jury initially ordered Wyeth to pay $134 million, but Washoe District Judge Robert Perry ruled that the verdicts were the “result of passion and prejudice” and should be lowered.

The $58 million remains the highest amount awarded yet as Wyeth faces thousands of similar cases across the country. Wyeth has appealed the verdict to the Nevada Supreme Court.

“One of her best events was her ability to get some degree of justice from Wyeth even though she knew she was going to die,” White said.

“The decisions made in corporate boardrooms in Philadelphia and New Jersey can have tragic consequences for a family in Yerington, Nevada, and did in this case,” White said

If you are one of the thousands of American’s facing foreclosure, you may have a great deal more bargaining power than you ever thought. Analysis from Freddie Mac and large banks show that their cost to foreclose on your home is in the range of 60,000 dollars on average[1].

The high cost of foreclosing on a loan is ample evidence that lenders have a strong incentive to work out the problems with the loan and try to find an accommodation. Unfortunately, many individuals have found that talking to their lender is like banging their head against a wall – it gets you nothing but a headache. But understanding their language and knowing the right questions to ask can make the experience easier to stomach. That’s where a knowledgeable real estate attorney is invaluable.

The first step is determining what you can realistically afford. The next step is to sit down with your attorney and discuss what your legal options are. Many individuals are intimated to even call attorney, often in fear of what it may cost. Surprisingly, a good attorney can assist you for much less than what you’d expect. And the savings, down the road, to your credit report and pocket book are immeasurable.

The foreclosure option that may work for you may not work for your neighbor. Some of these options include:

1. Deed in lieu of foreclosure

2. Short sale approval

3. Payment modification

4. Payment forebearance

5. Payment extension

Next week, I’ll discuss in more detail each of these options.

As always, feel free to contact me with specific questions at our Royal Oak Office: 248.744.5000

[1] Lender cost of foreclosure: $58,759– Craig Focardi, CMB, Research Director, TowerGroup’s consumer lending division, cited by Dona Dezube, “Heroic Homeownership,” Mortgage Banking, (June 2006) p. 82.

In 2001, the Michigan Legislature enacted MCL 722.1. This statute is commonly referred to as “The 100 Mile Rule.” The statute says that, in cases where the parties have joint Legal custody (which is usually the case), then one party can not change the residence of the child/children to a location that is more than 100 miles away from the residence at the time the case was started, unless the other party agrees to the move, or unless the Court approves the move.

However, the statute did not specify whether to use radial miles (calculated by drawing a straight line from the original residence to the new one), or road miles (calculated by using a program like Mapquest to determine the distance in road miles between the two residences). However, in the recent Michigan Court of Appeals case Bowers v. Vandermeulen-Bowers, the Court approved the lower court’s use of radial miles when applying the 100 Mile Rule. The case was issued for publication on March 25, 2008. So, when calculating miles under the “100 Mile Rule,” pull out your rulers and draw a straight line!

If you are involved in a divorce or custody proceeding where either you or the other party wishes to move with the children more than 100 miles away, it is crucial that you have an experienced Family Law Attorney protect your interests. At Dailey Law Firm, we offer free initial consultations to all our prospective clients. Please call our office at 1-866-LAWYER, and we would be happy to schedule and appointment.

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Most people who have had their license revoked by the Secretary of State (”SOS”) have been convicted of multiple drunk driving charges. In Michigan, if you are convicted of 2 drunk driving charges within 7 years, then your license is automatically revoked for at least 1 year. If you are convicted of 3 drunk driving charges within 10 years, then your license is automatically revoked for at least 5 years.

At the end of the 1 or 5 year period, in almost every case (except cases where the multiple drunk driving convictions all happened before January 1, 1992), the person must request a Hearing before the SOS. At the SOS Hearing, the person must prove they are completely sober and that they actively participate in a structured support group, such as AA. The SOS is HIGHLY technical in how they review these cases, so it is crucial that you are represented by an experienced driver license restoration attorney to ensure you have the best chance of success. In most cases, if you lose an SOS Hearing, you must wait a full year before you can re-apply, which is why it is so important to ensure proper preparation for the SOS Hearing.

Our Driver License Restoration specialist, Attorney Matt Catchick, has been representing individuals in Driver License Restoration cases for nearly twelve years, with tremendous success. Please call Matt Catchick at 1-866-66-LAWYER, and he would be happy to schedule a free initial consultation with you.

Few things are more frustrating or stressful than seeing the flashing lights of a police car in your rearview mirror. Although traffic tickets are expensive (usually between $100.00 and $200.00), their worst impact is on your driving record. Most insurance companies will penalize you with higher rates for five to seven years, and the ticket is posted on your Michigan driving record for at least seven years!

Many people make the mistake of hiring a lawyer after they have already accumulated several tickets, which makes it far more difficult for the lawyer to negotiate with the prosecutor in trying to keep the ticket off your driving record. Whenever you get a traffic ticket, EVEN if you have a PERFECT driving record, you should always consult with an attorney to assess your options and discuss your best direction. It is far easier to keep a perfect record perfect, as opposed to trying to help someone who has a terrible driving record.

At Dailey Law Firm, our traffic specialist, Attorney Matt Catchick, has successfully handled literally hundreds of traffic tickets throughout Metro Detroit and the surrounding area. If you ever receive a traffic ticket, call Matt Catchick at 1-866-66-LAWYER before you simply pay the ticket. He will be happy to give you a free initial consultation and provide you with expert, honest advice on your best options.