trusty getto

The most embarrassing gaffe in recent memory by the Michigan Court of Appeals has been vacated. For the original opinion, see Apsey v. Memorial Hospital, typos and all.

The original holding was destined to result in the wholesale dismissal of hundreds, if not thousands, of legitimate and meritorious medical malpractice cases currently before courts throughout Michigan on the basis of a technicality. In its opinion, the COA cited a 150+ year old law requiring “special certification” of all affidavits prior to filing. Without the “special certification,” the court was to treat the case as if it had never been filed, including ignoring any tolling of the statute of limitations. Apparently unbeknownst to the COA was that the process for obtaining these “special certifications” was considerably different 150 years ago, when the prevailing method of travel was by horse and buggy, and the procedures set forth in the law are no longer available in many states, making compliance an impossibility.

With truly absurd lack of foresight, the COA was also apparently unaware that medmal litigants represented a tiny subset of other litigants who relied on notarized affidavits in their filings. Needless to say, banks, loan companies, real estate lawyers, (any litigant who might need to file an affidavit in court for any reason) went apeshit when they found out that they all might lose their legitimate pending cases on a technical grounds. In particular, the silk-stocking, $400+/hr., non-contingent fee crowd are mighty upset that they might get sued for malpractice for failing to obtain “special certification” for their affidavits.

After receiving amicus briefs from the all the usual suspects, apparently the COA could not ignore the State Bar of Michigan, Michigan Defense Trial Counsel, the UAW, and the Dep’t of Community Health as well as the as-yet-unsubmitted Michigan State Medical Society’s brief, which, I have on reliable authority (and I believe may be a first), actually sided with the plaintiff in a medmal case.

We’ll have to wait to see what the Federalist Society, a/k/a the Michigan Supreme Court, does if it manages to get its hands on the case. They’ll probably be upset that they didn’t think of the novel defense theory first.

One of the district’s finest former principals (currently in central office), has been placed at Adams Academy as principal for next year! Sharine Buddin will take Sharon Irvine’s place at Perry. Mrs. Irvine recently accepted a job as a principal in Northville. Kevin Carney, Pat DeRossett, and Joe Guillen will all remain in their current positions as principals of Erickson, Estabrook, and Chapelle, respectively. Read the Press Release.

Tribe, perhaps the leading scholar of constitutional law, has decided not to write the second volume of the current edition of his landmark constitutional law treatise (which I read in law school and still have on my shelf). He states:

No treatise, in my sense of that term, can be true to this moment in our constitutional history — to its conflicts, innovations and complexities.

Constitutional law is so in flux, he feels that:

At such potential turning points, and until more is known about the antithesis and about the dynamics of the battle ahead, attempting to proclaim a new synthesis would bespeak utter hubris were it not so manifestly quixotic.

In reply, trusty getto states,

Were I to spend the next 90 years trying to come up with that sentence, or one similarly obtuse, I am certain I could not.

At any rate, Yale Law Professor, Jack Balkin is of the opinion, “When Larry Tribe says that a paradigm shift may be on the way, it is worth sitting up and taking notice.“

It is sooooo nice of this distinguished group of legal scholars to join the rest of us in reality (aka George Bush’s ownership society). You can read the letter here. You can read the article about the letter on law.com here.

After many sleeples nights for me, the BOE unanimously adopted the sup’ts recommendations to close George, Ardis and Fletcher. The teachers and children will move to other elementaries, and New Directions will be relocated to the high school.

Read about it here.

Yep, we made this week’s edition of the Onion.

Got the whole GOP after him now. Look here on the Huffington Post for his reply to Congressman Bachus, whoever that is.

The A2 News reports that it does not look good for the Ypsi Visteon plant:

Fate of Ypsilanti plant uncertain

[Local UAW President] Morey said that most of the work done by his factory would be transferred to the Ypsilanti Township plant on Rawsonville Road – along with most of the workers. While he would like to stay in Ypsilanti, Morey said going to Rawsonville is the next best thing.

“Most all of my workers are going to have a job somewhere in the Ford system,” Morey said, though he expressed concern about the impact of the move on the city of Ypsilanti.

The deal calls for the factory, which provides a significant portion of the city’s tax revenues, to be sold. However, Morey acknowledged that there will not be a lot left to sell once the bulk of production is transferred to Rawsonville.

This will be disastrous for both the School District and the City of Ypsilanti, which rely on the property taxes of commercial properties such as Visteon’s.

Check out this May 21, 2005 post called Stem Sell at Hullaballoo. Frighteningly articulate and apropos. Keep the youngins away, the photos are graphic.

Though I can’t be called a huge fan of destroying embryos for research, I do feel that intellectual honesty and consistency trumps political expediency. Can’t have it both ways.

Apparently, the complaints concerning what our new sup’t is getting paid are growing. Too bad nobody who’s complaining lifted a finger to get any facts in support of their positions. The new sup’ts contract will actually cost the distrcit LESS than the prior sup’ts contract. Of course, anyone who cared enough to get the facts beforehand would have known this. Following is the latest A2 News letter to the editor:

Hiring interim leader for schools was a mistake

James Hawkins and board president Andy Fanta did the unconscionable, contracting Hawkins as interim superintendent of Ypsilanti Public Schools. Fanta “neglected” an immediate search when most candidates are available by giving Hawkins a ” sweetheart contract” – employment up to a year – deliberately adding delay and exorbitant cost.

Why him? And why for so long? It’s not Diane Kerr’s board any longer, it’s Fanta’s – with no eyes, ears, mouth, or spine of its own.

According to The News, Ypsilanti has a $5.5 million deficit. After paying David Zuhlke $280,000 to leave, please say it’s a misprint that we are paying Hawkins $680 a day for up to a year. If the board doesn’t institute a real search for a real superintendent by June 1, I will personally institute a recall.

JoAnne Bissone, Ypsilanti

Would someone please tell Ms. Bissone that the quicker we get a new sup’t, the quicker we will pay more than we are paying for our current interim? I tried, but she is not listed in the phone book.

According to the Jackson Patriot (via a heads up from ypsidixit):

‘Buffy’ convention

If you’re a big fan of “Buffy” or “Angel,” you might be interested in laying out some big bucks for the first Motor City Buffy fan convention June 2-5 in Ypsilanti.

Among those expected to attend the conference at Ypsilanti’s Marriott Eagle Crest Resort are Anthony Stewart Head, Andy Hallett, Adam Busch, Tom Lenk, Danny Strong, Kali Rocha and Michelle Kelly.

The event begins with a concert by actor James Marsters, who played Spike, on June 2; tickets are $25. Common Rotation will perform June 3; tickets are $15.

A weekend pass will cost $130-$225, depending on how many events and how much access you want. Some events aren’t included in that pass, such as the concerts as well as a June 3 cocktail party with actors from the two TV series and a June 4 dinner with actors, either of which will cost another $80.

The passes include a question-and-answer session with some of the actors and access to a room where fans can buy merchandise.

Apparently the organizers, Bill and Robbie Adams of Crystal Ball Entertainment in Livonia, do have a sense of humor.

“Our goal is to provide fans with access to their favorite Buffy/Angel stars without overcharging them,” said Robbie Adams in a press release.

For more information or to purchase tickets, visit www.MotorCityBuffy.com or call (248) 568-0834.