ARTICLE OF THE DAY Courts struggle with application of 'Bush' Recent court decisions attempting to clarify pleading rules in medical-malpractice cases have created more confusion, making further clarification necessary for those most familiar with the issues. In Driver v. Cardiovascular Clinical Associates et al., the Michigan Court of Appeals held that the notice of intent rule prevails in a statutory conflict between a nonparty at fault and the medical-malpractice notice of intent filing requirements. The conflict between the medical-malpractice pleading and nonparty fault statutes does not arise much, said Maureen C. Adkins (pictured) of Plunkett Cooney. Still, she said she was "a little surprised by the decision in light of Bush [v. Shabahang] and Zwiers and other cases that have come down that appear to be loosening the grip on the statute of limitations and almost making it an open-ended proposition."
ARTICLE OF THE WEEK On the Stand: David A. Trott As large national law firms are cutting staff because of the economy, David A. Trott (pictured) is happy to report that Trott & Trott PC -- one of the country's largest foreclosure law firms -- has consistently gone in the opposite direction. The secret, he said, is expanding where it counts - particularly, via ancillary businesses that are not counter-cyclical. "If the day comes where the foreclosure volume drops significantly," he said, "we're working on other areas of business where we can diversify. We'll still keep our people plenty busy." Trott talks about the one trait he most likes in others, the biggest lesson any future attorney needs to know, and the stupid human trick he'd do on David Letterman's show.
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