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Trademark, Copyright,
and Civil Rights.............................6 Happy Autumn!
What’s Next for LGBT Rights?.....14
Welcome to the fall season! Our sections
and committees are busy planning programs.
September/October 2021 Check our website calendar often for
Volume 30, Number 5 continuing legal educational opportunities
and upcoming events.
Personal Jurisdiction: New Limitations
PROCEED WITH CAUTION – WHY STATE EQUALIZED
and theMAY
VALUE Consent-by-Registration
NOT BE YOUR CLIENT’S FRIENDWorkaround
Personal
Probatejurisdiction
personal
enter
recent
a money
YOUR MEETING
dles years,
this typetheof
Don’t let a real estate
is a big deal.process
can be a complicated
representative,
judgment orwho
situation
United
Without
likely only
injunction
once
States
forit,the
against
or twice
Supreme Court
a court cannot
han-a defendant. In
Consent to
of an inappropriately Personal
provided Jurisdiction
basis. Via Business
Equally important,
caliber may help substantiate your claim that the values within the report
In theand
are well-founded
in ahas narrowed Rated ★★★★ by Orbitz/Travelocity wake
Registration
a report
of the new limitations on personal jurisdiction,
accurate.
of this
asset delay a
lifetime. As an attorney, the process makes plaintiffs have increasingly argued that regardless of the extent
THIS GOOD
thesense
circumstances
to you, butunder
yourN which personal jurisdiction
has a IT may be
exercised,
EVER
client likely HAD
only Other tips about appraisals:
a defendant does business within a forum, a defendant consents
WEBER’S
cursory particularly
understanding against
of theout-of-state
process. Acorporate
proper defendants.
to general jurisdiction the moment it registers under the forum’s
Seeassessment of the value
generally Michael of the decedent’s
H. Hoffheimer, The StealthrealRevolution in It is important to remember that sometimes the person paying for the ap-
property is particularly difficult for the layper- praisal is business
not the registration
appraiser’s statute,
client. which invariably
For example, requireslending
in a mortgage the
Personal Jurisdiction, 70 Fla. L. Rev. 499 (2018). Yet these changes
settlement.
son or the attorney who is unfamiliar with real scenario, theappointment
borrower is of paying for the
an agent appraisal.
for service The appraiser,
of process how-
within the forum.
areestate
not fully reflected
transactions. in Michigan decisions addressing personal ever, is developing theirisanalysis and reporting for their client: Court
the lender.
This theory not without precedent—the Supreme
jurisdiction, leading to a potential trap for a practitioner looking If you have a client purchasing property and they would like to engage
When determining the services accepted it in Pennsylvania Fire Insurance Co. right
of Philadelphia
to do so, v.
only at Michigan case date of death
law. This values
article for the
provides a brief overview of an appraiser, it is completely within their
decedent's assets, the temptation may be to use
of assessment
the recent constitutional constraints imposed on personalRachel MasseyPaul T. Stewart Gold from
but it is separate Issue the
Mining & Milling
mortgage Co., 243 U.S. 93 (1917). And in some
process.
data in order to arrive at the opinion post-Daimler instances, the consent-by-registration theory has
jurisdiction,
of value asand thendate
of the considers thebut
of death, potential
is this for a Michigan With appraisals, the intended use can be forCo.,
mortgage financing,
working in your client’sjurisdiction
best interest? Is the as-
worked. See, e.g., Senju Pharm. Ltd. v. Metrics, Inc.,for96es-
F.
court to exercise personal under a consent-by- tablishing a value in an equitable dissolution issue, or it can be for buying
sessment data
registration theory,a good
whereindicator of value?
jurisdiction would Does having
otherwise bealacking.
value that is sub- a house without a loan. There are myriad reasons someone mayParts
Supp. 3d 428, 436-40 (D.N.J. 2015); see also Genuine wishCo. to v.
stantially higher or lower than actual SPECIALIZING
value hurt the client andIN SELLING
potentially Cepec,
have REAL
an137 A.3dESTATE
123, 149,
independent n.30ASSOCIATED
opinion (Del.
of the 2016) (Vaughn,
property’s value. J., dissenting)
One constant (surveying
is
subject you
Essential Backgroundto misrepresentation in WITH
the end? ESTATE SALES, PROBATE,
that the
cases). AND
appraisal DIVORCE.
report should CALL to the client and in-
be understandable
tended users.
A In orderexercise
court’s to determine whether
of personal or notFOR
jurisdiction these Acomport
mustsources CONFIDENTIAL
arewith
reliable,
both theI pulled ASSESSMENT.
Yet personal jurisdiction law has evolved significantly since Pennsylvania
twenty random
jurisdictional salesininthe
statutes thestate
area, and compared
where the court theirand
sits, sales
the prices to the as- Appraisal
Fourteenth reports should
Fire, and numerous decisionsbe clear
afterand help have
Daimler lead the clientconsent-by-
rejected to a logical con-
sessment data. The TCV is the TrueALEX Cash Value (See
MILSHTEYN chart below.) , CRS, GRI,clusion.
CRS, GRI, ABR Even if the client does not agree with the results in the end, they
Amendment’s Due Process Clause. Goodyear Dunlop Tires Operations, ,S.A. registration,
ABR including decisions from the highest
should always be able to understand how the appraiser got to their state appellate courtscon-
v. Brown,
MICHIGAN’S PREMIER MEETING FACILITY See
564 U.S.
This random 915, 918of(2011).
sampling twentyThe cornerstone
sales
(734) that417-3560
occurredof modern
in |the personal
area, inwww.alexmi.com
compared |clusion.
alex@alexmi.com Delaware, Illinois,
appraisaland
The WEBER’S Missouri.
| report beGenuine
shouldBroker
Associate Partsthe
able to help Co.appraiser’s
v. Cepec, 137 client
to assessment
jurisdiction Renowned
theorydata, shows
full-service
under assessment
theindependent
Due Process information
hotel with food
Clause is aservice above
bothfrom
defendant’s andRestaurant
Weber’s below
“contacts” make
A.3d an informed
123, 138-48
BOUTIQUE decision
(Del.
HOTEL2016);asAspen
to how Am.to Ins.
proceed
Co. v.on whatever
Interstate the basis
Warehousing,
sales Coldwell Banker Weir Manuel, 2723 S. State St., Suite 130,
theprice,
forumand onlythethree instances within a five percentDuevariance
Process (which was Inc., for obtaining 440,this
447professional opinion to Norfolk
begin with.
Michigan’s finest meeting rooms – bright, contemporary, high-tech ANN ARBOR, MICHIGAN
with (i.e., stronger
is the variance that most appraisers
the contacts,
Ann
Serving genuine Arbor,
consider
the less
MI
thefor
hospitality
theyears
7548108
tolerance they look for in
90 N.E.3d (Ill. 2017); State
Jackson Ave. at I-94 | Ann Arbor, MI
ex rel. S. Ry. v. Dolan, 512
concerns).
terms of acceptability).
Ideally located That
in Annmeans
Arbor onthat
I-94 assessment dataatwould
Kelsey Baptist only have
734-794-2262 S.W.3d 41,www.webersannarbor.com
51-52 (Mo. 2017). Courts have tended to reject consent-by-
(734) 769-2500 | (800) 443-3050
been useful fifteen percent of the time. An exclusive affiliate of Coldwell Banker
Personal jurisdiction comes in two flavors: general (“all-purpose”) and
Previews
registration on statutoryInternational
ab
interpretation grounds rather than constitutional
grounds—holding that there is no actual consent where the statutes do
specific (“limited”).
The most reliable General jurisdiction
and defensible numberis constitutionally
will come from permissible
a formal ap- when
praisal, conducted by a atcertified not make personal jurisdiction a condition of registration. But even those
a defendant is “essentially home” real estatein
in a state, appraiser.
which case Throughout
that state’sthe val-
courts Rachel Massey, SRA, AI-RRS, IFA, is an AQB Certified USPAP instructor
uation process, the appraiser analyzes and reconciles the collected data to decisions
and haveappraising
has been expressed skepticism over whether
full-time since 1989. She consent-by-registration
is a Certified Residen-
can “hear any and all claims” against the defendant, regardless of whether the
arrive at conclusions regarding the final value opinion. In the final recon- could
tial be constitutionally
Appraiser in Michigan, compatible with
specializing Daimler.
in And inwork
relocation somefor cases, that
various
claims have the
ciliation, anyappraiser
factual connection
considers to allthe
thestate. See Daimler
available data and AGusesv. Bauman,
knowl- skepticism
clients, as has
well been
as usedproperties
lake as a rationaleand forother
interpreting the jurisdictional
residential properties. She
571edge,
U.S. experience
117, 122 (2014).and professional judgment
In contrast, specific to arrive atis apermissible
jurisdiction final opinion only
for the property. import of
covers allthe
of business
Washtenaw registration
County,statutes
and parts narrowly (underand
of Jackson the prudential
Livingston
where the suit “arises out of or relates to the defendant’s contacts with the Counties.
doctrine ofPlease
construingvisit https://annarborappraisals.com
statutes to be consistent with the U.S. for Constitution,
more informa-
forum. Id. at
The ”cost of118.
an appraisal is minimal compared to the potential tax burden tion.
when possible). See Genuine Parts Co. v. Cepec, 137 A.3d at 144-48; Brown v.
Following the Supreme Court’s seminal decision of Int’l Shoe Co. v. Lockheed Martin Corp., 814 F.3d 619, 639-41 (2d Cir. 2016). The skepticism
Washington, 326 U.S. 310 (1945), courts recognized that a corporate over consent-by-registration is understandable, given it would permit
defendant may be subject to general jurisdiction based on “continuous and the exercise of general jurisdiction far beyond a corporation’s place of
systematic” contacts with the forum. But in the decades following Int’l Shoe incorporation and principal place of business, thereby making Daimler a
Co., courts have wrestled with the question of what constitutes “continuous Formerly
practical nullityknownfor corporations as Miller & Ass
with a national Associates,
sociates, PP.C.
presence. ..C.
and systematic” contacts. Similarly, for specific jurisdiction, courts have
Consent-by-Registration in Michigan
disagreed over the requisite nexus between the claims alleged and the
defendant’s contacts with the forum. No published Michigan decisions have addressed consent-by-registration.
However, it did arise Accounting
in federal court l Audit
in Magna Business
l Busi Consulting
inessdeConsulting
Powertrain Mex. S.A. g
The Supreme Court’s Recent Clamp Down
The discord surrounding “continuous and systematic” contacts was largely
Entrepreneurial and Family
de C.V. v. Momentive Performance Materials USA LLC, 192 F. Supp. 3d 824
Family Business
(E.D. Mich. 2016), where the court considered its own exercise of personal
Business s
put to rest in the Supreme Court’s Daimler AG v. Bauman decision, issued in jurisdiction from the perspective Fraud
Frau Detection
of a Michigan
n andand(under
state court Prevention
Prevention n
the general
2014, which essentially confined general jurisdiction over a company to its rule that the boundaries of personal jurisdiction in federal court are equal to
place of incorporation and its principal place of business (albeit leaving the IT state
the Consulting l Political
where the federal Campaign
court sits). Finance
nance Judge
In Magna Powertrain, Reporting
Reporting
Lawson g
door open for an “exceptional case” where general jurisdiction could exist rejected consent-by-registration on the basis that the language of Michigan’s
in the absence of those two conditions). Daimler, 571 U.S. at 137-39, 139 Retirement
business Planstatute
registration does not permitlan
Administration Retir rement
Retirement
inference Planning
Planning
of consent. By g
deciding the issue on this ground, the court avoided the constitutional
n.19. In other words, Daimler “eliminate[d] the traditional ‘continuous and
systematic’ contacts test for general jurisdiction.” See Charles Rhodes, Toward question of whether Daimler would TTax Planning
apermit such an and andPreparation
Preparation
inference—the n
approach
a New Equilibrium in Personal Jurisdiction, 48 U.C. Davis L. Rev. 207, 209 often taken in other jurisdictions, as mentioned above.
(2014). The Court’s decision in Daimler coincides with increasingly restrictive
ll BAY CITY CITY ll GRAND RAPIDSYet shortly after Magna Powertrain, Judge Potts (ret.) of the Oakland County
ANN
positions Court haslltaken
theARBOR AUBURN HILLS
on specific jurisdiction, most recently in Bristol- l GREATER T LANSING ll MI
MIDLAND ll OWO
OWOSSOOSSO llSAGINA SAGINAW W
Circuit Court reached an entirely different conclusion, holding that business
Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773 (2017).
registration—and corresponding appointment of a registered agent—was
305 E.
305 E. Eisenhower
Eisenhower Pkwy,
Pkwyy, Suite
Su
uite 100 l Ann Arbor
Arbor,, MI 48108
48108
734.971.3900 l www
734.971.3900 www.ahpplc.com
.ahpplc.com
Res 7
6 Ipsa Loquitur July/August 2019
2
2 September/October
July/August 2021
2020
May/June 2019
2019
Washtenaw
WashtenawCounty
CountyBar
BarAssociation
Association
2020-2021
2020-2021Board
2021-2022 Boardof
ofDirectors
Directors
Officers
Officersand
andDirectors
Directorsof
ofthe
theBar
BarAssociation
Association
President
President
Elizabeth
ElizabethC.
C.Jolliffe
Jolliffe Directors Large:
DirectorsatatLarge
Large
Paul
Paul
S. C.
Joy Fessler
C.Gaines
Fessler
President
President Kristin
KristinA.
A.Davis
Davis
Mark
MarkW. W.Jane
Jane Nimish R. Ganatra
Alexander
Alexander W.
W.Hermanowski
Hermanowski
President
President Elect
PresidentPresident
Elect
Elect
President Elect
Elect John
Mara K.
JohnE. Kline
K.Kent
Kline
S.
S. Joy
PaulJoy
Samuel
Paul Gaines
C.
C.Gaines
J. Bernstein
Fessler
Fessler Kymberlie
John B.
B.London
K. Kline
Kymberlie London
Vice
VicePresident
President Sarah
SarahM.M.Meinhart
Kymberlie B. London
Meinhart
Vice
Vice
S.
Vice President
S.JoyPresident
Joy Gaines
Gaines
President Scott
ScottE.
Sarah E.Munzel
M. Meinhart
Munzel
Samuel
SamuelJ.
Jennifer J.Bernstein
Bernstein
Treasurer
Treasurer
L. Lawrence
Samuel
SamuelJ.J.Bernstein
Bernstein Community
CommunityLiaison
Community Liaison
Liaison
Volume
Volume
Volume
Volume
Volume48,
Volume
Volume Number
48,30,
Number
48,
49,
49, 33
Number
48,Number
Number
Number
Number54444 May/June
July/August
July/August
September/October
July/August
July/August 2019
May/June2019
2019
2019
2021
2020
2020 Treasurer
TreasurerSecretary
Treasurer Secretary Committee
CommitteeCo-Chairs
Committee Co-Chairs
Co-Chairs:
Jennifer
Jennifer
K.
K.Orlando
Orlando
Katherine L. Lawrence
L.M.Lawrence
Simón
Simón
Sharkey Mara
MaraE.
Robert E.F.Kent
Kent
Magill, Jr.
Immediate
ImmediatePast PastPresident
President Robert
Robert
Scott E.F.F.Magill,
Magill,Jr.
Munzel Jr.
Jinan
JinanM.
Secretary
SecretaryM.Hamood
Hamood&&Stephanie
StephanieE.E.Garris
Garris
Secretary
Co-Presidents,
SharkeyNewNewLawyers Section
Features
Features
Features
Features
Features
Katherine
Katherine
Shalini
Alexander
AlexanderW.
Co-Presidents,
M.
M.Sharkey
Nangia
W.Hermanowski,
LawyersJudiciary
Hermanowski,Scott
Section Committee
Judiciary
Judiciary
E.
E.Munzel,
ScottShalini
Munzel,
Shalini
CommitteeCo-Chairs
Committee
NangiaShalini
Nangia
Jinan M. Hamood
Co-Chairs
Co-Chairs:
ShaliniNangia,
Nangia,
&&Katherine
Katherine
Immediate
Immediate PastM.
Past M.Sharkey
Sharkey
President
President Jinan
JinanM. M.Hamood
Hamood
Trademark, Copyright, and Civil Rights...............6 ImmediateDirectors
Mark
MarkC. W.
Past President
Jane atatLarge
Directors
Jane
W.Fessler Large Alexander W. Hermanowski
Personal
PersonalJurisdiction:
Important
Important Jurisdiction:New
Choices
ChoicesforNewLimitations
forLimitationsand
forMichigan
Michigan and No-Fault
No-Fault Paul
What’s
How
How Next
Marijuana
Marijuana Use
Use LGBT
can
canstill Rights?..........................14
still bebeIllegal
Illegal ininMichigan
Michigan post
post Kyeena
KyeenaSlaterSlater New
NewLawyers
LawyersSection
SectionCo-Presidents
Co-Presidents
the
Car
Car Consent-by-Registration
theInsurance
Consent-by-Registration
Insurance in
in 2020
2020 Workaround
Workaround.........6
..............................................................6
..............................................................6 .........6 Executive
ExecutiveDirector
Director New Lawyers Section Co-Presidents:
Fawn
FawnC.
C.Armstrong
Armstrong
Proposal
Proposal
The 11Passage
TheEconomics Passageof. .Contingent
. .. .. .. .. .. .. .. .. .. ..Fee. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .66
.Fee Sydney M. Koch
Family
Family Economics
Law Issuesininof
LawIssues theContingent
the Time
TimeofofCOVID-19COVID-19 ..............................8
..............................8 Ashley
AshleyA.
A.Londy
Londy
Ashley A. Londy
Proceed
Departments
Proceed
Plaintiff
Plaintiff with
with Caution
Caution––Why
Employment
Employment Why
Cases
Cases State
State Equalized
Equalized
...............................8
...............................8 Value
Valuemay may Local
LocalMembers
Membersof ofthe
theState
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Barof
ofMichigan
Michigan
Rights
RightsandandObligations
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not
not bebe Your
Your
Collaborative
Collaborative Client’s
Client’s Friend
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Here .. .
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toto...................................10
Stay!
Stay!................10
................10. .. .. .. .. .. . 77 Board
BoardofofCommissioners
Executive
Executive Commissioners
Director
Director
Families
Families
Asked First Coronavirus
&FirstAnswered.
Coronavirus .Response
Response Act ...................................10
...........................................4
Shared
Mediator
Mediator
Michigan’s
Michigan’s
President’s Driveway
SharedNeutrality
Driveway
Neutrality
New Initial .Agreements
.Agreements
. .. .. .. .. .. Rule
InitialDisclosure .. .. .. ..........................11
..Rule ..........................11
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 99
NewMessage..........................................5
Disclosure Kyeena
AndrewG.
Kyeena
Andrew G. Slater
Slater
F.F.Fink,
Fink,III
III--Commissioner
CommissioneratatLarge
Large
Erane
EraneC.
C.Washington
Washington--District
DistrictGG
inWCBA
inNo-Fault
No-FaultCases
Cases...................................................................12
2021-2022 ...................................................................12
Elected Board ....................11 Res
ResIpsa
IpsaLoquitur
LoquiturEditor
Editor
Departments
Departments
New Members.................................................13 Local
Local
Teresa
TeresaA.Members
Members
A.Killeen
Killeen
Representative
RepresentativeAssembly
of
of the
the State
State Bar
Assembly--22nd
Bar of
of Michigan
Michigan
22ndCircuit
Circuit
Departments
Departments
Asked
Asked&&Answered
Answered............................................4
............................................4 Local
LocalMember
Memberof ofthe
theState
StateBar
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Michigan
Departments
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Advertiser
President’s
President’s
President’s Message
Message
President’sMessage
New
New&Members
Index.........................................5
.........................................5
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..................................................................5
&&. .Member
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Mark
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Jolliffe -- District G
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.Pavlik . .. .Notes
.. .. .. .. ......................12
.Notes ......................12
.. .. .. .. .. .PLC...............................2
.. .. .. .. .. .. .. .. .. .. .. .. .. .. . 44
....................................................................4
....................................................................4 Elizabeth
Elizabeth
Elizabeth
C.
C.Jolliffe
ElizabethA.
A.Kitchen-Troop
Kitchen-Troop
President’s
President’s
InArbitration
InMemoriam Message
Message . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..16.16
Memoriam.........................................................................
......................................................................... . .. . 55 Local
Local Members
Members of
ofthe
theState
StateBar
Barof
ofMichigan
Michigan
& Mediation Services.....................13 John
JohnW.
W.Reiser,
Reiser,III
III
New Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Representative
RepresentativeAssembly
Assembly--22nd
22ndCircuit
Circuit
New Members
Advertiser . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1616.. . 12
.. 12
Advertiser . .. .. .. .. .. .. .. .Index
. Index
New
New
ISM Members
Surety........................................................................
Members ........................................................................
Bond Agency. .................................16
Classifieds
Classifieds .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .12 12 Mark W. Jane
Jonathan
Jonathan
Res
ResIpsa
IpsaD. Goslow
D.Editor
Goslow
Editor
John W. Reiser, III
Modern Court Reporting & Video, LLC.............15 Elizabeth
Mark
MarkW. C. Jolliffe
W.Jane
Jane Marla A. Linderman
Alex
AlexMilshteyn
MilshteynReal RealEstate EstateAssociates Associates...............2 ...............2 Teresa
TeresaKilleen
Killeen
Weber’s Inn.......................................................2 Elizabeth A. Kitchen-Troop
Advertiser
Advertiser
Andrews
AndrewsHooper HooperPavlik Index
Index
Pavlik PLC
PLC..............................2
..............................2
ElizabethC.C.Jolliffe
Jolliffe
Advertiser
Advertiser Index
Massey
Massey
Andrews
Andrews
Index
&&Associates
Hooper
Hooper Associates
Pavlik
PavlikPLC Valuation
ValuationServices Services............9
PLC.......................................................2 ............9
.......................................................2
Elizabeth
ElizabethA.
A.Kitchen-Troop
Kitchen-Troop
Alex
Alex Milshteyn
Milshteyn Real Estate
EstateAssociates Associates. .. .. .. .. .. .. .. .. .. .. .. .. .. .22
Real................................................9 Local
LocalMember
Memberofofthe
theState
StateBar
Barof
ofMichigan
MichiganYoung
Young
Office
Office
Weber’s Evolution
Evolution
Weber’sInn ................................................9
Inn..............................................................................2
..............................................................................2 Official
OfficialNotice
Notice
Lawyers
Lawyers Section
SectionExecutive
ExecutiveCouncil
Council
Andrews
Andrews
Weber’s
Weber’s Hooper
Hooper
Inn Pavlik
PavlikPLC PLC . .. .. ...................................14
. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .22
Inn&....................................................12
&....................................................12
Items
Itemsfor
forpublication
publicationand
andquestions
questionsconcerning
concerningeditorial
editorialcontent
contentshould
shouldbe
bedi-
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Yeo
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CPAs Business
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WCBA,101
101E.E.Huron,
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P.O.Box
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8645,Ann
Ann
Massey
Yeo&&&Yeo
Massey
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&Yeo CPAs&&Valuation
Associates
CPAs BusinessServices
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Consultants
Consultants . .. .. .. ..............7
. .. .. .. .. .. .. . 12
.............7 12 Arbor,
Arbor,MI
MI 48107,
48107,killeent@washtenaw.org
killeent@washtenaw.org Inquiries
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concerningadvertising
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Office
OfficeEvolution
Evolution. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .12 12 Official
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MI MI48107, editorial
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Weber’s
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Inn. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .66 Editor,
Editor,
663-2430,Teresa Killeen,
Teresaemail:
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Asked
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Thomas C.Dawid
Robert Manchester
I have lived in Ypsilanti since 1947 and am married to Mary (Fitzharris) Manchester whom I met while we were
My students
parents immigrated the UnitedUniversity.
at Eastern Michigan States fromWePoland
haveinfour
the children
1960s. I was
and born in New Jersey, but
nine grandchildren. grew up my
I received in the
lawnorthwest
degree
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fromoftheChicago. I amof
University a Cubs and Bears
Michigan Law fan (sorrygraduating
School, Detroit). Iinspoke Polish
1968, untilthe
passing I was around Bar
Michigan 5 years
examoldand
(andbeginning
can still
practice Polish)
understand in Ypsilanti thatthe
and had same year.
worst I can
accent youbecan
reached at tom@mackmanlaw.com.
imagine when I started 1st grade. I graduated from University of
Colorado at Boulder with a degree in marketing where I met my wife. I went to St. Louis University Law School in Missouri.
Did you always know you wanted to be an attorney? Where
did you get your law degree? Anything else interesting? Describe a perfect day off.
DidI you
had always
no ideaknow
whatyou wantedtotodobetoanmake
I wanted attorney?
a living when I got IA
wanted to a be
day with mya police
wife officer or history
on a Top professor.
100 golf course.
About
out what age didI you
of college. wasdecide
sellingtoreal
pursue lawwhile
estate school?in college and
thought that would be a good possibility. I took the LSAT as a Any
Whatwords
areofsome
wisdom to pass
of your on to new
favorite lawyers?
places that you have vis-
I loved history growing up and only read non-fiction books. I always
lark and did well. I applied to Harvard, Duke and Michigan. ited?
believed my interests
Michigan would
accepted me,eventually lead
so I went me tofor
there being
my an attorney,
legal even
education. Law can be(unbelievable);
Alaska very rewarding, but also very
London stressful. Choose
(historical); Paris this profession
(romantic);
though I used
I come to hate
from public of
a family speaking andon
lawyers struggled with writing
my father’s side soearly
it must andifIreland
only you have(Mary’s
a strong roots).
desire to do the work. Do not choose it because
in life.
be inI always thought I would be tax attorney while in law school, but
the blood. you do not know what else to do.
I took moot trial court in my last semester and fell in love with the court What are your favorite local hangouts?
What jobs did you have before you became an attorney?
room. Sidetrack
What is yourinfavorite
Depot movie
Town;orCommon
book? Grill in Chelsea; and
I caddied for three years, was a truck driver for a produce com- Gratzi’s in Ann Arbor
pany one summer, worked melting scrap metal and pouring My favorite movies are the Jason Bourne series.
What jobs steel
molten did you intohave before
ingots oneyou became
summer, an attorney?
worked in a GM factory When you have a little extra money, where do you like to
one Describe
spend it?a perfect day off.
I had thesummer,
typical jobs andlikesold
bus real estate.
boy and waiter, but the most memorable job
was working at the M&M Mars Chocolate factory making Snickers and Family, my
Watching golfkids
and travel.
play their sports that they so love.
What area of the law do you like the best and why?
Three Musketeers bars the summer before college started. My friend’s dad
I don’t “like” any particular area more than others. I started out What do you like to do in your spare time? Hobbies?
was the chocolate manager.
as a general practitioner and followed the demand. Right now, What aregolf,
Lots of some of your
a fair favorite
amount placesgrandchildren’s
of travel, that you have visited?
events and
I mostly do small estate planning, probate and real estate, and Bar family gatherings.
Harbor, Maine and London, England
Whatam area
trying
of tothework
law do less
you than
likefull
thetime.
best and why?
Why do you choose to be a member of the WCBA? What
Criminal
Tell uslawa islittle
my passion
aboutbecause whether you’re a defense attorney
your family. What
is theare your favorite
greatest benefitlocalyouhangouts?
have enjoyed as a member?
or prosecutor, you can help people and make an impact on their
My wife, Mary, is retired from teaching elementary, reading Currently, lives - WCBA represents
First Bite for an outstanding
lunch - awesome! group of lawyers and pro-
hopefully for the best.
and special education. I have two sons who are lawyers, but vides professional and social focus for many of those lawyers.
don’t practice; my third son is an investment advisor with Ed- My greatest benefit has been the resources made available by
When you have a little extra money, where do you like to spend
Tellward Jones;about
us a little and myyourdaughter
family. teaches middle school language the WCBA.
arts. We have nine grandchildren, the oldest being a pre-med it?
I amstudent
marriedintothe an Lymon-Briggs
amazing woman, honorsSuzy, who is a pediatric
college infectious
at Michigan State. On my children.
We doctor
disease spend and a great deal of time
microbiologist involvedofin
at University family (she
Michigan matters,
is and
those times
obviously the brainsareofour
thebest.
operation and I am the labor). We have twins,
Norah and Simon, who are sophomores in high school, and my oldest son What do you like to do in your spare time? Hobbies?
What
Gavin, whoisjustthe biggesthigh
graduated challenge
school. facing you as an attorney I still read non-fiction books, but mainly I chauffer my kids to their
today? Valued Members:
Time. I would like to work only three days a week, but the soccerAre
practices and games.
you making the most of our
I also have two big dogs and three cats. It’s like a zoo at my house.
phone keeps ringing. online Member Directory
What’s the greatest gift we canto
(accessible givethe
ourselves?
public)?
WhatWhatis the biggest
would yourchallenge
second facing
careeryou as anhave
choice attorney
beentoday?
if you had
not become a lawyer? Slow down, listen and observe life around you. Life is pretty amazing
I believe the hardest challenge I (and most attorneys) face today is
Likely real estate, although I had been accepted at Michigan even withMake all the craziness that we are living through today.
our website work for you! All of our members
balancing work and family.
for accounting and had some ability in that area. are listed in our online Member Directory (accessible
If you were
to thecreating a time
public and capsuleby
searchable toarea
be opened
of law).inAlso,
100 we
years,
How Anyarewords of wisdom
you coping duringto pass on toWorking
COVID-19? new lawyers?
from home? what would you put inside?
Alwaystodo the right thing. It sounds trite but will stand you in are featuring WCBA members on a rotating basis in
Adapting Zoom, Teams?
the
good stead in the long run. Make time for yourself and your A picture of my family. “Meet a WCBA Attorney” section located on the
family. All the money in the world won’t right hand side of most of our pages. Please take a
Luckily, as an Assistant Prosecuting Attorney, I canmake up for
work from homehow you
few minutes to update your profile (including
treat those around you. Why doadding
you choose
much of the time because of Zoom. But, I look forward to going back to yourto be a member
practice areas, of the WCBA?
website address,What
and is the
in-person court soon.
What is your favorite movie or book? greatest benefit you
photo) have
to makeenjoyed
the as
most a member?
of this feature.
My favorite book is QB VII by Leon Uris; my favorite old The people who are members of the WCBA make the organization so
What would
movie your second career
is Casablanca (for itschoice have been
romance); if you
and my had not
favorite new special. I’ve met the most interesting, intelligent and helpful people at
become
moviea lawyer?
is The Green Book, for its lessons. WCBA functions. The CLE’s are very helpful too.
8
44 September/October 2021
May/June 2019
May/June2019
President’s Message
Message
Although
The Washtenaw I’m permanently
Washtenaw County Bar
County BaroutAssociation
of school, ––
Association new school
chine.
chine. OnJuly
On year1st,
July gaveMark
1st, you the
Mark Jane
Jane opportunity
willstep
will stepup to
uplearn new things
asasPresident.
President. and
lookmake
I Ilook for-
for-
Greetings
It’s
It’smy
this time
Where
Washtenaw
world
new
offellow
first
is last
year. inAm
President’s
year
You members
still
Belong!
You Belong! We rolled
County
such I upheaval
the Bar
only
Message,
feels like
We of the
the
Association!
that
one? it’s
I
and
rolled Mark
start
hard
still
theofthis
out
out
look to
a
this
at
I
new
ward
and
think
The
sure
pened,
WCBA
make
everyone
friends,
to Mark’s
did.
andnew
also
the
It
newhas
intends
leadership
is
continues my
friends.
their
WCBA
goal
to
to own
hold
year
with
this
happen,
Getting
unique
Bias
can
his
coming
also
passion
ward to Mark’s leadership with his passion for the Bar, his knack for
– I this
involved
reason
Awareness
bar
event
in
be a
is
for
year
for
timeWeek.
the
more
something to
joining
toBar,
remind
Given
learnhis
important
you’ve
the
new WCBA
all
knack
everyone
than
never
that’s
things forhap-
ever.
tried
tagline July at the start
July at the start of our fiscal of our fiscal the fine print, and his winning
the fine print, and his winning trivia knowledge. trivia knowledge.
know
school
year to where
help to
supplies. us start
I still
welcome - there
sniff are
those
and
Mark
so many
big
support pinkW. Jane
more that
The we
before long
canareoverdue
here up
shake tosocial
fulfill that reason
your awakening
routine andfor you joined
certain
breathe somepartsthe ofbar.
fresh airWhether
societyintoisyoursome-
us welcome and support more
It is such
issues an honor
affecting oftomyself
usbeonwriting to new
ajane@butzel.com you as After
After our
our Bench-Bar
Bench-Bar conference
conference ononMayMay 3rd,keep
3rd, keep aanan eye
eye open
open forair
for
erasers.
lawyers I always
in ourourall buy
Bar.
Bar. Thanks
Thanks adaily
brandto basis.
to relation-
relation- thing
that is
professional to be
inviting embraced
life. aAnd,
client and
after discussed,
to the18 annual
months and
golf there
outing
of COVID, are asnone
wouldn’t more
means some toqualified
develop
fresh
the
During
box President
of my
crayons.time ofAs this
as a
the amazing
WCBAleaves organization.
member,
change I’veex-
colors, the
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feel “WCBA
“WCBA our
restorative? Night
members
Night Out
Out and atat the
community
the Driving
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a professional business relationship, tapping into your competitive Range”
large
Range” to in
lead
in MayMaythe and
way.
and a a book
Our
book dis-
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dis-
activities, and
ships, activities, and our our website,
website, we we ex-
thewatched
weather and
cools,admired
and the each
life of I our
that intend
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“born” stewardship
presidentsin the and
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what President
they’ve to anof the
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attending Also,
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a seminar love
love totohave
a pathway
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to that
you
discuss join
join alead
me meto a
hot
panded our membership ranks with 67 67 new new members members this this year. year.
end, WCBA
during to
I findtheir follow
myself terms. theEachfinePresident
anticipating examples
the changes all focused
has of
thethe new past on apresidents
season theme willfor bringhave
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again inin aaof COVID:
fun
fun 5K
5K it’s
run/walk,
run/walk, on the
thisrise
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this timeagain.
legal topic of the day, everyone has a reason they joined the WCBA. get
more just society. Let’s not let moment
time the
the Our
slip communities
“Oberun”. away
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It’s
It’s anus.
anlook to
Please
evening
evening I
Having exceeded last year’s tally of 43 43 newnew members,
members, and and knowing
knowing attorneys to navigate everything from housing/ landlord-tenant issues
for
likewhether
whenme,Iincluding
itwas
be abringing those
student. theofWCBA
Elizabeth up toJolliffe
speed(from whom I am
technologically taking
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summer
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requests June
June for
in that
21st.more
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order to
new members are waiting to join in July, July, II am am eagereager to to start
start attracting
attracting toperfect
disability claims from adults suffering from “long haulers” (long-term
theupgrading
the gavel this of year). I want to
the website, orexpressly
increasingthank membership, her for all or she
focusing has done on Union
www.runoberun5K.com
www.runoberun5K.com
make your we are
experience constantly
After
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Despite
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think effects
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end the
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a Our
theme. first
I had a few We can’t
where a lotdiscuss
of people thein WCBA without thanking
the community turn forour tireless Executive
assistance, and LSSCM
advice she has given me as a mentor and as a friend. I cannot wait to House!
House!
you also discover there isand soourmuch more that we Lindquist.
offer. Together, kept we
legal education
ideas, event of the year is always inchanged
September thiswhen the
lifeEstate Director,
turns to usKyeena
to assistSlater,them. They Assistant,
need our time, Kelley our talent, andThey our
First,but
continue then
the COVID-19
terrific
congratulations tooccurred
programs Judge and
sheRichard
spearheaded
Richard E. Conlin
E. everyone’s
Conlin past year
on receiving
on receiving overnight.
–notthe to
the can all make the bar experience as unique as Washtenaw County.
Planning,
From Probate
that &
life-alteringTrust Law
event, Section
the theme has its annual
emerged: probate
uncertainty. court Uncertain- the to
treasure.
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make
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that running
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in Washtenaw
ofofbelonging,
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hope membership
County
youenjoy
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by helping
enjoy get-
get-
mention
WCBA’steam-up again as two-time
Professionalism & Civilitydefendingin
in the
the Practice champions
Practice of
of Law
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at
training update. the
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aid shutdown.
our friends They
and found
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they keep in
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the impact withof
30th Annual Bench-Bar Co
ty whether we are an attorney ting
ting to to know
know more moreof ofourourmembers
membersthrough throughthe theBefore
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lay person –April. COVID-19 hasConlin put us all in
our Annual
a state of uncertainty.
served on
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Award
14A District
observe Court bench
Bias Awareness
Election in
Week, since
since
in April. Judge
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Judge Conlin has
his appointment
appointment
by the Race, in
in1995.
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1995.
members
COVID.
Lawyers
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quizbelow.the
below. Courts, Mark
and have been relaying information to the
a real estate
This organizationnominated means different things for to our different members, membership on the Court’s behalf. We foresee the WCBA playing a crucial
GenderDoug
Every & Mullkoff
Ethnic Bias Awareness Judge Conlin
Conlin
Committee. for
We the
the
host award
award
a dinnerwith
with to this
this
presentheart-
heart- Asrolewein start our new year, givefrom yourself the gifttoofour providing
Cheers
Cheers fromaMark
from service
the W.
Bar,
theand toJane
Bar,
whichsingle aspect result
is a natural of our of
a feeling
lives, personally
all that
clearly we do.and
shared by Tothe professionally,
some,100+ it ispeople
a greathas been
who at-
getting information the Courts membership,
jane@butzel.com
have
felt statement,
thedrastically
Martin Luther
affected King,by Jr.
the Award
COVID-19 shared
to celebrate
virus. by
Athose thewho
pandemic 100+ are people
addressing
will do whoThe
that. at- someone or some entity you’ve never volunteered
made it a top priority. I cannot overstate the role Kyeena andElizabeth for before. It’s a great
Elizabeth
Kelley have
bias,
outlet for substantive
tended to honor
discrimination, the
equity,
programming. To others, it provides volunteer
judge.
The annual conference was held on May 3rd at Trav
entire world, including theandlegal access. October
profession, had is to also when
learn onwe thejoin fly how withto way to give
played yourself
during thesea pastfreshfew start and a fresh
months actingperspective.
as our eyes and ears at the
ya
opportunities to give back tothe thiscountry
Washtenaw County community that Elizabeth
attorneys
stay safe, in distance,
our state and work acrossremotely when topossible.
promote pro It hasbono been work.
a wake- Trial Court. Sadly, Kelley took a new position outside Elizabethof theC. C. Jolliffe
WCBA,Jolliffe and
we love.Conlin
“Dick To others, has been a joy to
it provides practice
a terrific
practice in
in front
opportunity front of. of.toHe was
was highly
collaborate
He highly
Joy
up call to the entire world about what’s possible when we work together while we’re sorry to see herElizabeth@yourbenchmarkcoach.com
go, Livingston County
Elizabeth@yourbenchmarkcoach.com made her an offer that
Let’sand communicate
respected as a civilwith attorney before
ouratremendous start.generously
bench.
generously To giving
me,” it’s
giving back
all those
back to
to the
the
to make
address Fallsomething
2021 a time for
bigger fresh
than ourselves. It’s a newof
Most “year.
us have Try stepped up she just couldn’t refuse, and congratulations are in order. Thank you for
t.
things,
community
something and
new. abyJoin agreeing
little amore.
section toor become
committee.a judge.
judge. Attend His
His temperament
antemperament
in-person or isisvirtual
ideal
ideal
to the plate and recognized that we need to work together for the greater your many years of dedicated service, Kelley. We will miss you!
event
Lawyer
forthat
good.
Iknow
went
the you’ve
to
bench.
Thankfully,
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Referral
never
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Make
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a leader
decided
spoken
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what the results can be if we follow the direction of the medical experts.
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serve andthe put others
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