Judge Getting Away With Bad Behavior

Wade McCree Jr. was a judge, who once texted a shirtless photo of himself to a female court bailiff, is now being accused with having an affair with a woman while overseeing her child custody case. Supposedly McCree had sex with her in his chambers and sexted her from the bench.

Although he has lost his job over the matter, McCree can’t be sued for money damages over any of this because judges are immune from civil lawsuits because of a well-established doctrine that has many in the legal profession demanding change, arguing the McCree case highlights a pervasive problem in the justice system.

“There has to be a point where there is no immunity for judges. When we’re told that certain government officials are off limits, it undermines public confidence in government,” said Connecticut civil rights attorney Norm Pattis, author of “Taking Back the Courts,” a 2011 book that indicates flaws in the justice system.
“I don’t think anybody should be above the law, least of all those who administer it,” said Pattis, who called the immunity doctrine “a crazy rule” and the McCree case “outrageous.”

“McCree did plenty wrong,” said Detroit attorney Joel Sklar. Sklar is preparing to take the McCree case to the U.S. Supreme Court, which has long held that judges are immune from lawsuits for their acts and decisions, even unconstitutional ones. The idea is to help judges stay impartial.

Last Monday, the U.S. 6th Circuit Court of Appeals cited that philosophy in concluding that McCree could not be sued by the father of his mistress’ child, even though his actions were “often reprehensible.”


Teenage Girl Sleeps With Cell Phone And Wakes Up To Phone Burning

A 13-year-old girl from North Texas was awoken in the night by a smoldering cell phone on the other side of her pillow, but the cell phone manufacturer says she did something they warn users about.

Ariel Tolfree uses her Samsung Galaxy S4 every chance she gets. She texts her friends and gets on social media apps, such as Instagram and Twitter. “It’s really like, nice and pretty,” said Tolfree. “It’s high tech.” Tolfree says her phone slipped under her pillow as she fell asleep, and the smell of something burning woke her up in the night. “I didn’t think much of it, so I went back to sleep, and then I woke up again and it was more prominent,” said Tolfree.

“The whole phone melted,” said her dad, Thomas. “The plastic, the glass. You can’t even really tell that it was a phone.” Her dad suspects the phone overheated, causing the battery to swell and start a fire.

A spokesperson for Samsung says their products are safe, and pointed out that the battery inside the phone was a replacement unit and not an original Samsung part. Nevertheless, the company does agree there is a need for consumer education when it comes to rechargeable batteries. That’s exactly why they post a warning in their user guide, which specifically states covering one of their devices with bedding or other material could restrict airflow and cause a fire.

Tolfree and her dad, though, didn’t read that warning. “If anything, they should put a big warning on it, like a cigarette label, if that’s the case,” said Thomas. Tolfree says she doesn’t think people should sleep with their phones and instead, should put them on a nightstand.

The Samsung spokesperson said they take any instance of a battery fire very seriously. They have requested the burned phone be sent to them so they can fully investigate. In the meantime, the phone, the bedding, the mattress and pillow will all be replaced by Samsung.

If you or someone you know has been a victim of product failure and it has caused you injuries or damages to your belongings, contact Brian Dailey at The Dailey Law Firm. Call for an appointment today at 855 529 7469.

Samsung Phone Burnt

New Rules To Keep Student Athletes Safer

New rules will change the way football is played on high school fields across here metro Detroit and all over the state of Michigan. The new rules are designed to curb concussions and keep kids safe on the field. The rules are being put in place due to the climbing number of student athletes that have reported getting a concussion.
In an attempt to lower the number of collisions during the season, the state of Michigan has limited the number of full-contact practices a team is allowed to have during the season to twice per week.

Lakeview high schools head football coach, Rob Wozniak, says he is teaching his kids the proper technique to tackle, avoiding big collisions using the head, because it’s a safer way to play. Wozniak explains “The kids, so far, have bought in. They’re not happy about it, you know, they want to hit every day”.

“As coaches we’ve talked for years how to make the game safer, how to tackle better, how to tackle safer, and make the rules adaptable for your kids. It’s an easy thing to do. It’s the rules, we’re going to follow them, we’re going to make sure our kids are safe. I want to make sure our kids are doing things the right way,” Wozniak says.
Schools will be expected to follow all of these new contact rules and regulations to a tee. Parents are hoping the new rules will help keep their children safer while playing on the field.

The Dailey Law Firm, P.C. handles all cases for injury victims in Michigan, Illinois, and Missouri. Call Brian Dailey for an appointment today if your loved one is or has been injured. Call 855 529 7469.

Dog Attack Kills Man In Lapeer County

A Livonia man was fatally mauled this week as he jogged along a dirt road in southern Lapeer County. Craig Sytsma, 46, died Wednesday evening after he was attacked by a pair of Cane Corsos, which are an exotic breed of dogs bred to hunt wild boar in Italy. Sytsma, a divorced father of three, was unconscious and undergoing CPR when police arrived. He died of his injuries at a local hospital, police said.

According to Oxford resident April Smith, said she was attacked in 2012 by one of the dogs and is horrified that the owner is still in possession of them. She sued the owner after she was bitten, Smith explained that “It’s just crazy to me,” she goes on to say “Animal control should have done something. It should have never gone this far. The fact this has led to a death, it’s sickening.”

The dogs are quarantined at the Lapeer County Animal Shelter while the investigation continues. Lapeer County Sheriff’s Detective Jason Parks said the owner of the dogs brought them in, and authorities will seek to have the dogs destroyed if he relinquishes his rights to them or they will take the matter to court if he fights to keep them. Given the nature of the attack, Parks said it would be in the public’s best interest to destroy the dogs.

Under Michigan law a victim of an animal attack or dog bite is entitle to recover money damages for medical expenses, wage losses and pain and suffering. The Dailey Law Firm, P.C. collects millions in damages for the victims of animal attacks and dog bites. Call Brian Dailey for an appointment today if your loved one is or has been the victim of a vicious dog or animal attack. Call 855 529 7469.

Cane Corsos

More Recalls For General Motors

General Motors has issued six more recalls on Wednesday, July 23. This marks a total of 60 recalls within the year that cover around 30 million vehicles.

The most recent recall covers nearly 823,000 cars, trucks and SUVs mostly in North America, but some include a small number of exports. The largest is for faulty seats in just over 475,000 cars and small SUVs. Other problems include incomplete welds on seat brackets, turn signal failures, power steering failures, loose suspension bolts and faulty roof rack bolts.

The recall has brought investigations from the Justice Department and Congress, as well as a maximum $35 million fine from the National Highway Traffic Safety Administration for delaying reporting problems to the agency.

Most of GM’s previous recalls covered models that were no longer in production. However, Wednesday’s batch affects many current models such as the GMC Sierra pickups, Chevy Equinox, Chevy Silverado and the Chevrolet Camaro.

GM has set up a fund to compensate victims. This includes $400 million to compensate victims of ignition-switch related crashes; $874 million to account for recall expenses during the next 10 years; and $1.2 billion for recalls announced during the quarter.

General Motors says second-quarter profit fell 85 percent as a result of recall costs.

Federal Lawsuit Against St. Clair Police Officers Over Death Of Dog

(July 23,2014)

In St. Clair Shores a barking dog complaint brought out police officers to investigate the situation. When officers arrived on the scene they found Lexie, a 44 pound mixed breed.

What attorney Chris Olson explained was what is caught on video from the police dash cam. “Neighbors complained of a dog that was barking. [Police] showed up. The first thing that they said out of their mouths was they don’t like dogs; they don’t do dogs; they’re going to shoot the dog anyway. And that’s exactly what they did,” Olsen goes on to explain, “Then they shot the dog again, instead of trying to take care of the dog, getting some care of the dog to prevent it from dying, they did what they intended to do. They made sure that the dog died. They shot it again, and then the dog walked into the animal control van and then when we picked up the dog it had extra bullet holes”.

Reports claim that the dog’s owner was at work and that the dog was under the care of a grandfather, who forgot to let Lexie back inside during a cold night. Reports indicate that the dog was in the yard barking, but whether the dog caused a threat towards police is still unclear.

Brittany Preston, who is the owner of Lexie, has filed a federal lawsuit against two police officers, an animal control officer and the city of St. Clair Shores for the shooting death of her dog.


Traverse City Lawyer Behind Bars Involving A Murder-For-Hire Plot

Clarence Gomery is a former prosecutor for Grand Traverse and Leelanau counties. He is now being accused of trying to hire a hitman from Traverse City to murder another attorney in northern Michigan. Gomery allegedly tried to hire Dale Fisher to murder Traverse City lawyer Christopher Cooke.

Prosecuting Attorney for Grand Traverse County, Bob Cooney, stats that “The essential allegation is that Mr. Gomery offered to pay a handyman $20,000 to murder another person. A plan was discussed where this other individual would purchase a handgun in Grand Rapids with money supplied by Mr. Gomery and the handgun would be used in the killing”.

Many news sources are saying that a civil court battle between Gomery and Cooke could be the reason. However, no motive has officially been recorded for the murder solicitation.

Michigan Man Sentanced After Robbing Girlfriends Illinois Bank

Twenty-two-year-old Ramsey Fakhouri of Troy wanted money to buy his Illinois girlfriend an engagement ring. The problem, he helped carry out a robbery outside the bank where she worked. Fakhouri has now been sentenced to six and a half years in prison after he pleaded guilty in March, and his 18-year-old co-defendant from Concord, Michigan still awaits trial.

Authorities say Fakhouri took part in the Feb. 14 robbery of nearly $26,000 from a Bradford National Bank worker outside the bank in Highland, Illinois, just east of St. Louis.

Prosecutors say Fakhouri’s girlfriend worked at that bank. The girlfriend was allegedly unaware of her boyfriends plans to rob the bank, and she claims she watched the whole robbery unfold without knowing her boyfriend was involved in what was happening.

(CHICAGO) Man Sues Rental Company After Fatal Boating Accident

A survivor involved in a boating accident on Lake Michigan that killed at least two people is now suing the company that rented the group the 33-foot motorboat that caught fire miles from shore.

The suit that was filed Tuesday in Cook County Circuit Court against Sail Time Chicago, alleges that maintenance was performed on the boat prior to the group renting it was the cause of the fire.

Three days before the group of four rented the boat, “a battery or electrical problem” occurred. On the same day, Sail Time Chicago put efforts into repairing the problem. On May 31, while miles off the shore, the boat caught fire and by 8 p.m. the boat had sank.

Two people, 26-year-old Chicago attorney Ashley Haws and another woman in her 20s who has not yet been identified, died as a result of the boat fire and subsequent sinking, authorities said. The fourth person on the boat, 30-year-old Orest Sopka, is still missing.

The two-count suit alleges negligence and is seeking an undisclosed amount in damages.

(Detroit) Man Charged in Death of Soccer Referee Arrainged on Murder Chargers

Baseel Abdul-Amir Saad, a Detroit area soccer player who is accused of killing a referee with a punch to his neck appeared in court on Thursday.

Saad is now charged with second-degree murder. The 36 year old auto mechanic from Dearborn was arraigned Thursday in Livonia District Court. Saad’s bond is set at $1-million.

John Bieniewicz died last week from injuries sustained June 29 when he was hit while working as a referee at a men’s soccer game in Livonia. Police and prosecutors say Saad struck Bieniewicz as the 44-year-old referee formally announced his decision to eject him.

Saad initially was charged with assault, but prosecutors amended the charge after the death of Bieniewicz.

Defense lawyer Brian Berry has said his client is not guilty of assaulting Bieniewicz, whose funeral service was held on Thursday.