Grewal Legal News

U.S. Attorney's Office plans to file new charges against Robert Davis

Fri, 2012-05-18 12:18
According to a filing in U.S. District Court in Detroit, the U.S. Attorney's office plans to file fresh charges in a superseding -- or new -- indictment against Davis, who was indicted April 5 on charges that he pocketed more than $125,000 from the cash-strapped school district by submitting false invoices for advertising between 2004 and 2010.
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Parents Can Be Arrested for Drunk Teen Parties

Fri, 2012-05-18 08:58

If you don't think you're responsible for underage drinking in your home, think again. Social host laws impose liability for drunk teens. In many jurisdictions, you're required to supervise any minors in your care. That includes ensuring that they don't engage in illegal behavior.

Liability doesn't end here. If you knowingly furnish teens with alcohol, or should have known they were drinking while under your care, you may be arrested.

Just ask Bill Burnett, a Stanford professor, and his wife Cynthia. While hosting a party for 40 high school students in Menlo Park, Calif., cops noticed that some teens were under the influence. They charged Burnett with 44 counts of contributing to a minor's delinquency.

You can also ask Anthony and Claire Reyes, a New York couple facing 43 counts of unlawfully dealing with children. They're accused of throwing a party for their teenage son and allowing him and his friends to drink.

Burnett says he did everything he could to ensure there was no underage drinking in his home, according to MSNBC. He even peeked in a few times and brought the teens cookies. Prosecutors still didn't think he did enough to supervise the teens, and have chosen to hold him responsible for underage drinking.

Unfortunately, these laws force parents to make tough choices. If you know your teens are going to drink, it's often better to have them and their friends do it in the safety of your home. But at the same time, there's legal liability for drunk teens.

It's ultimately your decision to make - is being held responsible for underage drinking worth the risk? Or is it less risky to let your kid go to someone else's party?

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Michigan Attorney General Bill Schuette writes federal government to oppose Lansing casino project

Fri, 2012-05-18 00:00
Michigan Attorney General Bill Schuette's office sent a letter to the federal government opposing plans for a $245-million casino that an Upper Peninsula Indian tribe and Lansing Mayor Virg Bernero hope to build just blocks from the state Capitol.
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Detroit Institute of Arts clears hurdles to Aug. 7 ballot; now it must sell tax to voters

Fri, 2012-05-18 00:00
Before a standing-room-only crowd of 300, the Detroit Institute of Arts cleared its last hurdle Thursday to get a 0.2-mill property tax on the Aug. 7 ballot for voters in Oakland, Wayne and Macomb counties.
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Lawyers accused of overbilling Parks saved her belongings, attorney says

Fri, 2012-05-18 00:00
A lawyer for two probate attorneys fought back Thursday against accusations that his clients drained the estate of civil rights icon Rosa Parks with excessive and unnecessary legal fees. "I'm going to be coming out with both barrels blazing because the reputations of the people I represent have been besmirched," said attorney Alan May of Troy.
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Lawyers accused of overbilling Rosa Parks saved her belongings, attorney says

Thu, 2012-05-17 20:39
A lawyer for two probate attorneys fought against accusations that his clients drained the estate of Rosa Parks with excessive legal fees.
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Lansing casino opposed by Attorney General's office in letter to feds

Thu, 2012-05-17 16:07
The state attorney general's office has sent a letter to the federal government urging officials to deny a forthcoming request by an Upper Peninsula American Indian tribe to construct a casino in downtown Lansing.
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5 Things Everyone Should Know About Their Will

Thu, 2012-05-17 11:40

Guest post by Jennifer K. Halford, Esq.

Every time I meet with a client to discuss an estate plan I am reminded that no one likes to think about what will happen after they have passed away.

It is unpleasant to think about those difficult questions: What will happen to your family? What will happen to your home and assets? Who will take care of your business?

Because it is so difficult, I find that many people choose to avoid the tough questions. Or they copy a will that they found online because they believe that it will protect them and their family. But they may be wrong.

You may think your will protects you in ways that it really does not. So what things should you know about your will?

1. It won't keep your estate out of probate: In most instances, your heirs will have to probate your will so your assets can be distributed. Most people have to hire an attorney to help them. The probate process is expensive and lengthy. However, there are ways to avoid probate . You can use these estate planning tools in addition to your will.

2. It won't protect your health: Did you know that in some states, if you need major medical treatment and are unable to communicate, your spouse (or parent if you are over 18) cannot make health care decisions for you?

The kindest thing you can do for your family is create a living will and health care power of attorney. These documents allow you to express your medical preferences now in case there comes a time when you are unable to speak for yourself. The durable power of attorney for healthcare also allows you to designate a person who can make end-of-life care decisions for you.

3. It won't update itself : Don't throw your will in your junk drawer and forget about it. Review it annually to ensure that your executor and beneficiaries are correct.

4. It may not be the best way to transfer your business : There are a number of succession planning strategies for small businesses that you should consider to limit unnecessary gift and estate taxes.

5. It may cost your estate money: An attorney will likely need to be hired if your will goes through probate. In fact, administration of your estate in general may cost money. The proceeds from a life insurance policy can help offset these costs.

Jennifer K. Halford is an attorney whose practice focuses on business law and estate planning. She is also a professor at California State University, Chico, where she teaches Entrepreneurial Law.

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Expert for defense says Flint serial stabbing suspect is mentally ill

Thu, 2012-05-17 11:30
Attorneys for Elias Abuelazam are trying to persuade jurors that the Israeli immigrant is not criminally responsible for the murder of a 49-year-old man who was stabbed in a street near downtown Flint. Arnold Minor was one of 14 people knifed in the area in summer 2010. Five died.
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Convicted political operative Jason Bauer lands in jail for violating probation

Thu, 2012-05-17 10:18
Jason Bauer, who was convicted of seven felonies and two misdemeanors in connection with a scheme to sign up unwitting candidates for a fake tea party prior to the 2010 election, was charged with drunken driving earlier this spring. The charge, which hasn't been fully adjudicated in district court yet, is a violation of the probation he received in the tea party case.
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Diagnosis of Alzheimer's isn't always accurate

Thu, 2012-05-17 00:00
His loved ones dreaded what might be next: a diagnosis of Alzheimer's. Martin Rosenfeld had called too many times -- confused and frustrated -- from a parking lot outside his synagogue, after driving there in the middle of the night for services that wouldn't begin for hours.
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Bond denied in woman's killing

Thu, 2012-05-17 00:00
HIGHLAND TOWNSHIP An Oakland County judge again denied bond Wednesday for Jeffrey Pyne, 22, who is accused of fatally bludgeoning his mother, Ruth Pyne, 51, in the garage of the family's Highland Township home in May 2011. Attorney James Champion asked Judge Leo Bowman to set bond for Pyne, who has been in the Oakland County Jail since October.
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Serial pharmacy robber gets 11 years in prison

Wed, 2012-05-16 13:19
The saga of Gary Wilcox's Vicodin addiction began in 2007 when he had surgery for a gastric bypass and was prescribed the drug. The 41-year-old Lansing husband and father’s addiction spiraled out of control during the past five years, and is what drove him to a series of pharmacy armed robberies at pharmacies, said his attorney Julie O’Neill.
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Police: Teen drives 60 m.p.h. into Hartland High School security guard

Wed, 2012-05-16 10:33
Sheriff Bob Bezotte said witnesses indicated the teen was driving a 1999 Mercury Sable "at a high rate of speed" - estimated at 60 mph - through the school parking lot at about 2:35 p.m. when he struck a 52-year-old Hartland Township woman. She works as a security officer in the school parking lot, according to Principal Chuck Hughes. Bezotte did not release names.
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Man suspected of armed robbery dies after his car slams into a commercial building in Trenton

Wed, 2012-05-16 07:31
A man suspected of being involved in an armed robbery early this morning was killed when the car he was driving slammed into a commercial building in Trenton.
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Bobby Ferguson bid-rigging trial 'a case of fraud, deceit and money,' government tells jury

Tue, 2012-05-15 14:13
In 30 minutes, an assistant U.S. Attorney summed up the government's case against Ferguson and his associates Michael Woodhouse and Calvin Hall, who are charged with rigging bids to help Ferguson's company win a nearly $12-million contract involving a low-income housing project in Detroit.
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Man arrested on drunk driving charges in crash killing motorcyclist riding without helmet

Tue, 2012-05-15 08:37
The 43-year-old St. Clair Shores motorcycle rider, who was not wearing a helmet, was driving a 2007 Harley Davidson east on 10 Mile Road toward Gratiot Avenue when he was hit by the pick-up truck at about 2:40 a.m., Eastpointe Police Lt. Dave Ernatt said.
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Part of Gateway bridge project opens, eases congestion in Detroit

Tue, 2012-05-15 01:34
For the first time, U.S.-bound trucks coming off the Ambassador Bridge on Monday were able to connect directly with nearby interstates without driving along surface streets in Detroit.
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New truck road connects Ambassador Bridge to expressways, opens early

Mon, 2012-05-14 20:45
For the first time, U.S.-bound trucks coming off the Ambassador Bridge were able to connect directly with nearby interstates without first driving along local surface streets in Detroit. A new truck road connecting the bridge to expressways opened today as part of the long-delayed Gateway project.
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$500K Loan to Medical Pot Company Not Enforceable: Judge

Mon, 2012-05-14 11:30

Don't lend money to a medical marijuana company. Don't even contract with a medical marijuana company. If a recent Arizona case is any indication, it's a pretty bad idea.

A state judge has dismissed a lawsuit brought by two individuals who lent a Colorado medical marijuana company $500,000. Michele Hammer and Mark Haile sued the company, Today's Health II, after it failed to repay the loan and interest fees.

Unfortunately, the judge has refused to enforce the underlying contract.

You see, contracts that have an illegal purpose or that violate public policy are generally not enforceable. The lenders' medical marijuana contract was technically an agreement to finance the sale and distribution of marijuana in Colorado.

Though medical marijuana is legal in both Arizona and Colorado, it is still prohibited by federal law. Judge Michael McVey also noted that it is unlawful to aid and abet the commission of federal crime. Giving Today's Health II money to build their medical marijuana businesses was technically aiding and abetting.

Judge McVey also ruled that Michele Hammer and Mark Haile could not recover on the theory of unjust enrichment. This is an equitable remedy that allows plaintiffs to recover their property when the other party unjustly benefits from its use. It is not available to plaintiffs when the agreement at issue violates public policy.

If this ruling stands, and if other courts in other states agree with it, anyone who enters into a contract with a medical marijuana business is at risk. It could be applied to sales contracts, leases and even customer purchases. This would be bad for all the medical marijuana users out there.

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Grewal Law PLLC (Okemos)
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Okemos, Michigan 48864
Telephone (517) 393-3000
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Grewal Law PLLC (Troy)
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Troy, Michigan 48084
Telephone (248) 637-6650


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Mick S. Grewal, Sr.
Grewal Law PLLC