Volume 84 Issue 1

Volume 84 Issue 1

— Fall 2006 —

Case Digests

Constitutional?Law – Due Process?
Federal Prosecution Following a Defendant’s Rejection of a State Plea Offer Does Not Violate Due Process or Constitute Vindictive Prosecution. ?United States v. Gray, 382 F.Supp 2d 898 (E.D. Mich. 2005).?
by Melodee Henderson

Constitutional Law –?First Amendment?
City’s Demonstration Ordinance Is Unconstitutional because (1) Thirty-Day Notice Provision Is Not Narrowly Tailored, (2) Application to “Small Group Speech” Is Overboard and Not Narrowly Tailored, and (3) Strict Liability Unconstitutionally Infringes on Protected First Amendment Activity. ?American-Arab Anti-Discrimination Committee v. City of Dearborn, 418 F.3d 600 (6th Cir. 2005).
by Jonathan Burleigh?

Constitutional Law –?Searches and?Seizures
Without Individualized Suspicion, a Strip Search of a Student Violated the Fourth Amendment. ?However, When the Law Does Not Clearly Establish the Unconstitutionality of the Search, the Search Official Is Entitled to Qualified Immunity. ?Beard v. Whitmore Lake School District, 402 F.3d 598 ?(6th Cir. 2005).?
by Dominic Paluzzi

Criminal Procedure – Searches and Seizures?
The Defendant Has No Reasonable Expectation of of Privacy in Regard to an Enclosed Porch. ?Statements made During a Custodial Interrogation Are Inadmissible Unless the Defendant Voluntarily, Knowingly, and Intelligently Waived His Fifth Amendment Right Against Self-Incrimination. ?People v. Tierney, 703 N.W.2d 204 (Mich. Ct. App. 2005).
by Michael A. Chichester, Jr.?

Insurance Law – Contribution?
Michigan Tort Reform’s Adoption of Several Liability Does Not Preclude an Insurer from Bringing an Action for Statutory Contribution Against Purported Joint Tortfeasors After Settling with the Injured Party. ?Gerling Konzern Allgemeine v. Lawson, 693 N.W.2d 149 (Mich. 2005).
by Kenneth H. Hemler

Intellectual?Property Law – Copyright?Infringement
Any Digital Sample of Music Taken from a Sound Recording Is Prohibited Under the Federal Copyright Statute, 17 U.S.C. § 114. ?Bridgeport Music, Inc. v. Dimension Films, 410 F.3d 792 (6th Cir 2005).
by Nicole Stafford

Labor and Employment Law – Disability Benefits
Pursuant to ERISA, the Fact that a Long-Term Disability Insurance Plan Participant Might be Capable of Sedentary Work Does Not Mean He Is Not Disabled. ?Kalish v. Liberty Mutual/Liberty Assurance Co. of Boston, 419 F.3d 501 (6th Cir. 2005).?
by Natalia Kujan Gentry

Medical Malpractice – Requirements for?Out-of State Affidavits of Merit
Signatures on Out-of-State Affidavits of Merit Must Be Certified by Clerk of court from Which Affidavit Issues. ?Aspey v. Memorial Hospital, 702 N.W.2d 870 (Mich. Ct. App. 2005).?
by Erin M. Badovinac

Property Law – Eminent Domain?
A Proposed Road that Will Mainly Be Used by a Private Party Is a Public Use Because the Public Retains the Right to Travel the Road Which is Controlled by the Public Entity. ?City of Novi v. Robert Adell Children’s Funded Trust, 701 N.W.2d 144 (Mich. 2005).?

by David Kowalski?

Tort Law – Negligence?
There Is No Cause of Action for Medical Monitoring, Based on Negligence, Absent a Present Physical Injury. ?Henry v. Dow Chemical Co., 701 N.W.2d 684 (Mich. 2005).?
by Francine Nesti

Tort Law – Settlement Agreements
With “Mary Carter-Style” Agreements, Fairness Served by Disclosure to the Jury Must be Weighed Against the Countervailing Interests of Encouraging Settlements. ?Hashem v. Les Stanford Oldsmobile, Inc., 697 N.W.2d 558 (Mich. Ct. App. 2005).?
by Jessica McGrath

Workers Compensation – Specific Loss Benefits?
The Michigan Supreme Court Gives Its Citizens a Hand; for Specific Loss Benefits, a Limb Only Needs to Lose Its Usefulness. ?Cain v. Waste Management, Inc., 697 N.W.2d 130 (Mich. 2005).
by Ryan D. Streefkerk