DLN Front Jul26-2 7/25/11 3:15 PM Page 1

News you cannot get anywhere else. www.legalnews.com

Vol. CXVI, No. 147 Tuesday, July 26, 2011 75 Cents DAILY Double Duty BRIEFS Attorney makes anything but short work of schedule BY TOM KIRVAN longtime nurse at St. Joseph Mercy Hospital in “I attended law school during the day and City council confirms Legal News Pontiac and a graduate of Rush University then worked nights at Beaumont Hospital,” School of Nursing in Chicago. Colter said. “The challenge of going to school Elhasan as magistrate Attorney Gretchen Colter, a partner at Bow- “She is my best friend, and I've long and working full time was a schedule that I was man and Brooke in Troy, has made a habit of admired her dedication and commitment to the accustomed to, since most of my life I've for 20th District Court moonlighting, regularly spending her Saturdays nursing profession,” Colter said of her mother, always worked two jobs. It has become second Zenna Faraj far from the legal demands of defending prod- who now lives in San Diego. “She always had a nature to me. My work drives me.” Elhasan, a partner uct liability claims. real passion for her work.” She landed a summer associate's position with the law firm Her weekend work is no picnic, however. It The mother-daughter bond has grown with Bowman and Brooke entering her final Allen Brothers, is every bit as challenging and personally stronger since Colter's father, Robert, died of year of law school, immediately whetting her Attorneys & Coun- rewarding as any day spent in the high stakes complications from lymphoma at age 59. A appetite for work in the products liability field. selors, has been world of a state or federal trial court. graduate of Purdue University, where he played “The firm's offices were located in the Fisher appointed magistrate From 7 a.m. to 7:30 p.m. each Saturday, football for the Boilermakers, her father served Building at the time and I loved getting the and probation direc- Colter assumes a different professional per- in the Marines during the Korean War. experience of defending product liability claims, tor of the 20th Dis- sona, pulling a 12-1/2-hour shift as a nurse on “He was a very gregarious man who loved especially those related to the medical or phar- trict Court in Dear- the Neuroscience Unit at William Beaumont the outdoors, hunting, and fishing,” Colter said maceutical fields,” Colter said. “My interest in born Heights, Michi- Hospital in Royal Oak. It is work for which she of her father, who worked as an engineer for a science and medicine really proved to be benefi- gan. has been well suited since graduating with a tool and die company. “He got the most out of cial as I became more involved in those types of Elhasan was degree in nursing from the University of Col- life, but unfortunately his life was far too cases.” appointed by the orado in 1981. short.” Since joining the firm 17 years ago, Colter court to the position “Nursing offers a whole different set of Like her father, Colter has enjoyed a life- has defended cases involving medical device, Zenna Faraj and confirmed by the challenges for me, which is why I find it so long fascination with the wonders of nature, pharmaceutical, and automotive manufacturers Elhasan Dearborn Heights interesting and professionally stimulating,” working after high school at various waitress- in both state and federal courts. She has defend- City Council. Colter said. “It has become so much a part of ing jobs in Yellowstone Park, the Grand Teton ed claims related to surgical implants, contact In her new role as magistrate, Elhasan will han- me, of who I am as a person. It's a job that I National Park, and several ski resorts out west. See DUTY, Page 5 dle traffic violations and other small crimes. She love and from which I gain great satisfaction Photo by Robert Chase “I was a waitress at the Old Faithful Inn at will also serve as probation director, where she each and every time I walk into the hospital.” As a lawyer and a registered nurse, Yellowstone,” Colter said of her western will oversee the 20th District Court’s probation Her nursing career, which began at the Uni- Gretchen Colter knows the ins and outs odyssey after graduation from Birmingham DETROIT department and play an active role in preparing versity of Colorado Health Science Center in of the legal and medical professions. Seaholm High School. “It was a great experi- recommendations for sentencing of offenders Denver, has run the medical gamut, including ence to live in such magnificent areas out west. placed under the court’s supervision. stints in the surgical, neurological, cardiac, into perspective all the things in life that we The beauty is simply amazing.” State ban on affirmative Elhasan, 34, has been practicing law since emergency, oncology, and orthopedic units. should be thankful for each day. Being in nurs- A decade into her nursing career, Colter 2004 and received her Juris Doctorate from the “I love the clinical aspect of nursing and the ing helps keep me grounded and heightens my began to consider the possibility of enrolling in University of Detroit Mercy School of Law. She high intensity of the profession,” Colter said. “I awareness of the struggles and suffering so medical school or law school, eventually elect- action may get 2nd look received her undergraduate degree in 2000 from have tremendous compassion and respect for many people experience on a daily basis.” ing to return to Michigan to attend the Univer- the University of Michigan and is working toward my patients. When I see what they are going Her interest in the medical field undoubted- sity of Detroit Mercy School of Law, where she her master’s from Wayne State University. through with their health challenges, it puts ly can be traced to her mother, Eva Lou, a earned her juris doctor in 1994. Key question: Will Elhasan is an active member of the Arab Amer- ican community and serves on the advisory board judges take the case? of the American-Arab Anti-Discrimination Com- BY ED WHITE mittee and as secretary for the Arab American Associated Press Political Action Committee. She also serves on a Legal Mentors number of non-profit boards, including Child’s DETROIT (AP) — Facing a deadline this Hope, a child abuse prevention council in Wayne week, Michigan Attorney General Bill Schuette County, and the Arab-American Women’s Busi- has pledged to ask an entire federal appeals ness Council. court to suspend and re-examine a landmark In 2006, Elhasan was appointed assistant cor- decision that overturned the state’s ban on poration counsel in the City of Dearborn affirmative action in college admissions. Heights. Her appointment to the district court But here’s the key issue: Will a majority of came in May 2011. the court’s 15 active judges agree to take the case? WSU Law Alumni The 6th U.S. Circuit Court of Appeals hears cases in three-judge panels. It would be rare for Association announces the full court to sweep aside the work of one of its panels and start from scratch, but this is not new board officers a typical case. It involves a 2006 law approved Wayne State University Law School and its by 58 percent of Michigan voters and a very Law Alumni Association (LAA) this week contentious issue — the role of race and gender announced the newly elected LAA board officers in decisions by public officials. and members. “This is a fascinating case. It’s a close call,” The officers for 2011-12 are: President said Jonathan Adler, who teaches constitutional Suzanne Johnson, ’84; President-elect Rob Kent, law at Case Western Reserve University law ’08; Vice President for Planning Kim Yapchai, school in Cleveland. ’93; Vice President for Finance June Lee, ’01; Robert Sedler, an expert in constitutional Vice President for Membership Michael Fayz, law at Wayne State University law school in ’91; Treasurer Cesare Sclafani, ’08; and Secre- Detroit, said affirmative action may be “politi- tary Stefania Gismondi, ’10. cally hot,” but that’s not a reason for the full Just The Beginning Foundation (JTBF) hosted “Oral Arguments, Parent Seminar and Reception” to close its inaugural Board members who were elected or re-elect- court to intervene. Detroit Summer Legal Institute on Friday, July 15, at the U.S. District Court in Detroit. Approximately 35 lawyers were ed are: Kevin Bartlett, ’97; Sarah Biedron, ’11; “The reason may be it raises an important recruited to serve as continuing mentors to the high school students in the program and most of those lawyers attended Michelle Burns, ’10; Meghan Curavo, ’10; Car- constitutional issue,” Sedler said. the reception. Among those taking part were (l-r) Thomas Randolph of Randolph Law Group; Leslie Scott; Khalilah los Escurel, ’01; Kevin Kalczynski, ’00; David On July 1, the appeals court, in a 2-1 deci- Spencer of Honigman, Miller, Schwartz, & Cohn LLP; Terrence Thompson, assistant U.S. attorney, Eastern District of Michael, ’03; Stephen Ravas, ’05; Hayley Rohn- sion, struck down Michigan’s Proposal 2, Michigan; Jessee Dagen, JTBF program director; Saima Mohsin of the U.S. Attorney’s Office; Chastity Graham of the Davé, ’07; Jami Statham, ’06; Sara VanderWerff, which bans the consideration of race and gen- Wayne County Prosecutor’s Office; Andrew Densemo of Federal Defender Office; U.S. District Court Magistrate Judge ’91; and Margaret VanMeter, ’87. They join the der in college admissions and government hir- Mark Randon, Eastern District of Michigan; Dennis Levasseur of Bodman PLC; U.S. District Court Judge Victoria Roberts, following veteran board members: David ing. Judges R. Guy Cole Jr. and Martha Craig Eastern District of Michigan; Prentis Edwards of the Wayne County Prosecutor’s Office; University of Detroit Mercy Belanger,’86; Sean Blume, ’02; Jehan Crump- Daughtrey said it put an unconstitutional bur- School of Law Assistant Dean Markeisha Miner; Michael Stevenson of Stevenson & Bullock PLC; Sherrie Farrell of Gibson, ’09; Christopher Darrow, ’00; Gerald den on minorities who would have to launch Dykema Gossett PLLC; Chanille Carswell of Brooks Kushman PC; Margaret Costello of University of Detroit Mercy School Gleeson, ’95; Kara Hart-Negrich, ’09; Diane their own statewide petition drive to try to undo of Law; Michelle Gallardo of Automotive Components Holdings LLC; State of Michigan Administrative Law Judge Hutcherson, ’86; Lorena Jaquet, ’03; Andrew the law. Yasmin Elias; Stephanie Dawkins Davis, executive assistant U.S. attorney; Mitraja Fary; and RuShonda Jones of the Kandrevas, ’01; Jeff Klenner, ’07; Eric Kociba, Proposal 2 supporters could have chosen Wayne County Prosecutor’s Office. ’01; Megan McGown, ’09; Joe Richotte, ’07; “less onerous avenues to effect political K.C. Rucker, ’06; Bruce Segal, ’84; Daniel Sim- change,” the judges said. janovski, ’02; and Erin Springer, ’08. Schuette, a Republican, has said he’ll meet a The above LAA board members serve three- Friday deadline to ask the full 6th Circuit to year terms expiring in 2012, 2013 and 2014, review the decision. “Entrance to our great uni- while officers serve one-year terms. U.S. District Court Chief Judge Gerald Rosen (left) versities must be based upon merit,” he said For more information on the LAA, see and U.S. District Court Judge Victoria Roberts earlier this month. http://law.wayne.edu/alumni/index.php. Contact addressed the attendees at the Summer Legal On its website, the Ohio-based court Koehler at (313) 577-6199 or Institute’s closing reception. The program, now explains why a case may deserve reconsidera- [email protected] with questions. offered in eight major metropolitan locations around tion “en banc,” a French phrase meaning by all the country, seeks to diversify the legal profession judges. A chief reason is that a decision con- by opening the eyes of students of color to the flicts with rulings from the U.S. Supreme Court possibility that law might be an achievable career or other 6th Circuit opinions. The court says a INSIDE DLN goal for them. case also could pose a “question of exceptional importance.” It is an “extraordinary procedure,” the court Business News ...... 2 ————— says, that typically is “not favored.” Abandoned Car Auctions ...... 6 Photos by John Meiu Indeed, some 6th Circuit judges in the past ————— Calendar ...... 28 have said no, even if they disagreed with a See ACTION, Page 5 Classified Ads ...... 4 Crossword ...... 4 Legal Notices ...... 6 Official Newspaper: City of Detroit • Wayne Circuit Court • U.S. District Court • U.S. Bankruptcy Court Mortgages ...... 4 Ordinanace ...... 6 ■ Money Matters ■ Law Life ■ Walking the Walk Do all your homework before Nicole Black: ABA further Attorneys Title Agency hosts inaugural deciding to buy a house examines ethics and technology ‘Walk to End Homelessness’ Page 2 Page 3 Back page DLN Front Jul26-2 7/25/11 3:15 PM Page 5

TUESDAY,JULY 26, 2011 The Detroit Legal News, Page 5

ACTION: Submit news & views to ACLU against reopening case Political Scene [email protected] From Page 1 Michael Steinberg of the Michigan branch of the American result. In December, Judge Jef- Civil Liberties Union said his IOWA frey Sutton said having the full group will argue that reopening court regularly intervene could the Michigan case by the full 6th undermine the work of three- Circuit is not necessary. judge panels. “We believe the opinion was GOP kingmaker? “Sometimes there is nothing persuasive and governed by clear wrong with letting the United precedent of the United States States Supreme Court decide Supreme Court,” he said. whether a decision is correct and, Michael Rosman, an attorney New Jersey’s Christie casts shadow over primary if not, whether it is worthy of cor- with the Center for Individual rection,” he said. Rights in Washington, wants the BY THOMAS BEAUMONT campaign. “He again creates this door open for running for presi- governor in a Democratic state Christie is pursuing education There is some conflict court to step in. He said the case Associated Press sense that the current field isn’t dent in 2016, as he has. just a year after Democrat Barack measures aimed at abolishing between the Michigan affirma- raises “serious issues of democra- complete or isn’t sufficient.” The King event is in part out of Obama was elected president. indefinite tenure for teachers tive-action decision and a similar cy and self-governance.” DES MOINES, Iowa (AP) — The attention on Christie may gratitude for the congressman’s But Christie’s national profile and establishing merit-based case handled by the 9th U.S. Cir- “This is not some rogue state New Jersey Gov. Chris Christie ebb if Texas Gov. Rick Perry support for Christie at a congres- has continued to rise, in part for pay. Branstad said last week he cuit Court of Appeals in San Legislature that went awry. This says he’s not running for presi- enters the race next month. sional hearing two years ago, his frank and sometimes con- will propose linking teacher Francisco. In 1997, a three-judge is the people of the state of dent, but he’s still leaving an But efforts to court Christie King adviser Chuck Laudner said. frontational exchanges with pay raises to classroom perfor- panel there said California’s Michigan expressing their views imprint on the 2012 Republican have continued this summer even Christie, then the nominee for media, captured on video and cir- mance. Proposition 209, which also bars that they do not want race or sex campaign as a potential kingmak- though he has said that his four New Jersey governor, faced point- culated on the Internet by his staff. Christie’s approval has begun consideration of race and gender or national origin to be consid- er — and distraction. school-age children and further ed questioning at a Judiciary sub- He has drawn praise from fis- to slip in public opinion polls in public education, did not vio- ered in the distribution of certain His visit to Iowa on Monday is goals in his first term make a committee hearing in the then- cal hawks and loud complaints from a healthy rating of roughly late the U.S. Constitution. The public benefits,” Rosman said. evidence of both. White House bid out of the ques- Democratic-controlled House from public-sector unions for half of New Jersey voters a year California Supreme Court also “Their opinion should be given Christie is swooping in to tion. about no-bid contracts he awarded efforts to trim benefits for public ago to below 50 percent in recent said it was legal. substantial weight.” speak at an education conference This past week, Christie met as U.S. attorney in New Jersey. employees as part of steep budget months, while his disapproval has in Des Moines and headline a with Home Depot co-founder Christie’s star has risen quickly cuts in his first two years in also inched higher to near 50 per- political fundraiser for a congress- Kenneth Langone, among the after he defeated a Democratic office. cent at the same time. man. influential economic conserva- Although Christie has batted tives who want Christie to run. DUTY: away the possibility of a 2012 run In May, a meeting with at every turn, some of the GOP Christie in Princeton, N.J., that INFLUENCE GAME presidential contenders have was arranged by a group of Iowa Colter embraces high stakes sought his advice and support. business leaders and donors made especially when the stakes “If he feels compelled that he headlines as a sign of discontent India, Pakistan vie for U.S. backing From Page 1 are high and the cases are com- can make a difference, he may with the GOP field. Iowa activists lens solution, laser devices, cel- plex. endorse a candidate,” said are accustomed to being courted U.S taking ‘hands-off’ approach to Kashmir lulite reduction, microdermabra- “There is something particu- Christie’s senior political adviser, in their own state. sion, Botox, and various other larly satisfying about connecting Mike DuHaime. The group’s leader, energy BY RICHARD LARDNER allegedly trying to influence U.S. was also charged. Ahmad recruit- aesthetic services. She currently with a jury on claims that are Christie is inviting national company executive Bruce Rastet- Associated Press officials about Kashmir. He ed people to act as “straw donors” is working with the Bowman and highly technical,” Colter said. “I attention at a time when GOP vot- ter, had been impressed by allegedly took his marching — they allegedly gave money to Brooke team that is defending the enjoy the opportunity to explain ers have been slow to embrace the Christie last fall when the New WASHINGTON (AP) — Rep. orders from an ISI handler. Fai’s organization that really was “unintended acceleration” litiga- scientific matters in terms that field of announced candidates. Jersey governor headlined a Dan Burton criticized the White India and Pakistan maintain coming from the Pakistani gov- tion against Toyota. the laymen can understand. I try His visit comes on the same day fundraiser for Iowa gubernatorial House last September for ignoring forces in Kashmir along a cease- ernment. Ahmad is believed to be In addition, she has earned to put myself in the shoes of a when two hopefuls, former Min- candidate Terry Branstad’s cam- the persistent violence and unrest fire line created in 1947 when the in Pakistan and has not been numerous defense verdicts at trial juror in cases like that, knowing nesota Gov. Tim Pawlenty and paign. Rastetter was Branstad’s in the disputed Himalayan territo- British Indian empire was parti- arrested, prosecutors said. Both he for General Motors involving full well that they need to under- Rep. Michele Bachmann of Min- top fundraiser in 2010. ry of Kashmir. Barack Obama, he tioned. Two of the three wars and Fai are U.S. citizens. claims of alleged defects in stand the scope of the matter nesota, were scheduled to cam- Christie agreed during the May noted, pledged during the 2008 India and Pakistan have fought Fai donated to congressional the design and manufacture of before they can render an intelli- paign in the leadoff caucus state meeting to attend the education presidential campaign to defuse since colonial rule ended have campaigns of Republicans and seat belts, seat backs, and air gent verdict. I want to give them ahead of an August straw poll. conference organized by Branstad what long has been a flashpoint been over control of the region. Democrats for years, including bags. as much information as they “Any time Christie comes out and to stop in at the fundraiser in between Pakistan and India, But there is a deep anti-India sen- $250 to Obama in 2008, accord- Colter, who has two sisters, need in a simplified and straight- here, he’s obviously going to take West Des Moines for Rep. Steve nuclear-armed neighbors that each timent in Kashmir, where some ing to Federal Election Commis- became a partner at the firm in forward fashion. If I’ve done some air out of the room,” said King. claim Kashmir as their own. “So politicians and armed rebels envi- sion records. 2003 and said that she “loves that, then I feel confident about Doug Gross, an influential Iowa It makes sense for Christie to far, this is a promise unfulfilled,” sion a separate homeland or merg- The FEC records show that trial work and being in court,” our chances.” Republican who has not commit- stay in the good graces of Iowa Burton, R-Ind., said. ing with neighboring Pakistan. since 1997 Burton’s campaign ted to a candidate in the 2012 Republicans, should he keep the Not for a lack of trying on Pak- And while India has favored quiet received $7,500 from Fai. Ahmad istan’s part. diplomacy, Pakistan has sought to gave $4,000 to Burton between Pakistan’s spy agency, Inter- draw international attention to the 2008 and 2010. In a statement, Services Intelligence, directed a situation. Burton said he was shocked by ATTORNEY to ATTORNEY clandestine, multimillion dollar During the Cold War, Pakistan, Fai’s arrest and had no idea he The Co-Counsel Guide effort through a Washington non- not India, was America’s ally in was involved in a foreign intelli- profit group to influence the U.S. South Asia. But it is India that has gence operation. Burton said he position on Kashmir, the Justice emerged as the country most does not accept illegal campaign Department said last week. Docu- aligned with U.S. interests: demo- contributions and would donate ments filed in federal court cratic, market-oriented and capa- the proceeds to charity if there IMMIGRATION LAW describe donations to political ble of being a counterweight in were any doubts about their ori- campaigns and meetings with Asia against an increasingly gins. Marshal E. Hyman White House and State Depart- assertive China. Pakistan’s ministry of foreign Q Nonimmigrant and immigrant visas ment officials. Burton, co-chair- The allegations about the ISI affairs in Islamabad struck a defi- man of the House Pakistan Cau- campaign to influence U.S. offi- ant tone after Fai’s arrest. In a Q Computer, scientific, medical and engineering cus, may have received more than cials about Kashmir comes on the statement issued Thursday, the professionals $11,000 in illicit contributions. heels of the May 2 raid by Navy ministry said it is protesting Fai’s Time Saving Appraisal Co. Q Athletes and auto industry personnel But there’s little to show for SEALs that killed al-Qaida chief arrest and praised his contribu- Q Pakistan’s hefty investment of Osama bin Laden at a compound tions on behalf of Kashmir. The Labor certifications and national interest waivers money and time. The U.S. consid- in a military garrison town out- statement also refers to a “slander Certified Q Family unification ers Kashmir an issue to be side Pakistan’s capital. Bin campaign against Pakistan,” an Residential Q Immigration from Canada, border issues and NAFTA resolved by Pakistan and India Laden’s nearly six-year stay at the apparent reference to the Justice Q Asylum, waivers and appeals and not by policymakers in Wash- compound in Abbottabad left U.S. Department’s allegations and Appraisers Q ington, a hands-off approach India officials suspecting that people media coverage of the case. The Removal defense firmly backs. The result sheds within Pakistan’s military and statement did not address the -!#/-" s /!+,!.$ s 7!9.% Q All aspects of immigration law light on the high-stakes proxy bat- intelligence agencies knew he was accusation that he was an unregis- s 34 #,!)2 #/5.4)%3 tle Pakistan and India are waging there and gave him safe harbor. tered agent for the ISI. Marshal E. Hyman & Associates, P.C. behind the scenes for U.S. atten- The case unveiled by the Justice The lobbying firm Locke Lord Providing Professional Appraisal since 1984: tion and assistance. The U.S. Department on Tuesday will likely Strategies is officially registered 3250 W. Big Beaver Road, Suite 529 sends billions of dollars in coun- intensify the mistrust. to represent the embassy of Pak- $)6/2#% 02/"!4% Troy, Michigan 48084 terterrorism aid and development FBI agents arrested Fai, the istan in Washington. Pakistan has "!.+2504#9 4!8 !00%!,3 money to Pakistan each year. Yet executive director of the Kashmiri been a Locke Lord client since %34!4% 0,!..).' (248) 643-0642 India’s influence, not Pakistan’s, is American Council, and charged May 2008, and the firm has paid on the upswing. him with being an unregistered close to $3 million, according to 3(/24 3!,%3 &/2%#,/352%3 The issue of Kashmir’s future agent of a foreign government. records filed with Congress and -/24'!'%3 /4(%23 did not come up publicly during Fai, a Virginia resident, operated the Justice Department. Pakistan ARE YOU LOOKING FOR CLIENT REFERRALS Secretary of State Hillary Rod- under the close watch of a senior is Locke Lord’s biggest client. or the opportunity to become co-counsel? ham Clinton’s visit to India last member of the ISI and received as Mark Siegel, a Locke Lord — Joseph & Lisa Manzella — week. Clinton was in the Indian much as $700,000 a year from the partner, said he never worked with To accomplish this, advertise your area of expertise here in the ss FAX: ss capital when the Justice Depart- government of Pakistan, the court Fai or his organization. “I know Call Paul Arlon at 248.577.6100 ext. 7719 ment announced charges against documents said. nothing about their operation,” he www.timesavingappraisal.com Syed Ghulam Nabi Fai for A second man, Zaheer Ahmad, said. LEGAL SERVICES

To place your ad here call -Since 1971- 248-577-6100 Metropolitan SHOWCASE YOUR BUSINESS Process Service DELIVER YOUR MESSAGE TO THE LEGAL COMMUNITY Serving all legal papers throughout TO ACCOMPLISH THIS, • Macomb ADVERTISE YOUR AREA OF • Oakland EXPERTISE HERE IN THE • Wayne and Detroit • Lapeer • Monroe Legal News • Washtenaw WHICH IS READ BY OVER 2 WEEK 8,000 PROFESSIONALS. TURNAROUND ON ALL PAPERS. Call Paul Arlon at Call us for rates (248) 258-6500 248.577.6100 30555 Southfield Rd, Ste 530 ext. 7719 Southfield, MI 48076