Friday, March 29, 2013

Caretti among notables at 'Evening at Movies'



Judge Richard Caretti and his girlfriend, Brenda Conway, were among those spotted Tuesday night at the fabulous “Evening at the Movies” fundraiser for the Resolution Center in Mount Clemens, at MJR Marketplace cinema in Sterling Heights.
Caretti has been under scrutiny since Conway was arrested on a drunken driving charge in January, and Caretti and his two daughters were among her passengers. Caretti was investigated by Child Protective Services for allowing his daughters to ride with a potential intoxicated driver.
Caretti on Tuesday showed the incident hasn’t really affected him as he seemed relaxed and in good spirits
Among other legal community notables attending the event were assistant Macomb prosecutor and circuit judge hopeful Steve Fox; district Judge Carrie Fuca and her friend and future Macomb Bar Association president Julie Gatti; district judge Matthew Sabaugh Friend of Court Director Lynn Davidson; Bar Association Director Rick Troy; attorney Bob Crosby; attorney James Maceroni; assistant Macomb prosecutor Richard Goodman; attorney Ken Vernier; attorney Hakim Maroun and his daughter, Leah, and her husband, Nijad Mehanna; circuit court judge secretaries Carol Grant and Aileen Ciavatta; and court clerk Anna. And, of course, my dad, Ardale, “Mr. Dale.”

Thursday, March 28, 2013

Criminal defense attorney injured

Longtime Macomb County criminal defense attorney David Morreale is in St. John Hospital in Detroit recovering from complications following a fall in his home.
Morreale was in an induced coma earlier this week following problems resulting from broken ribs suffered in the fall, according to sources.
Morreale, who has practiced since 1980, is known as a busy attorney. He keeps his office in St. Chair Shores.

Tuesday, March 26, 2013

Schuette seeks grand jury for meningitis outbreak probe



This is Schuette's press release issued today:
LANSING- Attorney General Bill Schuette today announced the he has filed a petition with the Michigan Court of Appeals requesting a multi-county grand jury be convened to investigate whether New England Compounding Center (NECC), a Massachusetts company linked to the recent meningitis outbreak, broke any state laws when it distributed tainted steroid injections to patients at clinics in four Michigan counties. 
Michigan leads the nation in patients affected by the outbreak, with 259 infections and 14 deaths recorded by the Centers for Disease Control and Prevention.
“Hundreds of Michigan citizens and their families have endured terrible pain and deaths of loved ones suffering from illnesses caused by these tainted steroid injections,” said Schuette.  “This investigation is necessary uncover the truth as to how this unspeakable tragedy happened and to restore public faith in our healthcare system.” 
“We will discover what went wrong, bring bad actors to justice, and then work to implement new protections to ensure tragedies like this never happen again.”
Today Schuette filed a formal petition to request a grand jury investigation of NECC with the Michigan Court of Appeals.  The Court will review the petition and determine whether to appoint a Circuit Court Judge to lead a confidential grand jury investigation.  Following a review of the evidence, the grand jury can decide whether to issue criminal indictments.  Grand juries are one of the strongest investigative entities in state law, holding the power to compel testimony under oath.
On October 12, 2012, following verified reports that NECC was responsible for the meningitis outbreak, Schuette acted to suspend the company’s pharmacy license in the State of Michigan.  In a formal Complaint and Order of Summary Suspension filed with the Department of Licensing and Regulatory Affairs, Schuette alleged that NECC acted as a “drug manufacturer” – not a compounding facility – by distributing large amounts of medication to various hospitals and clinics in Michigan.  The company had only been licensed to fill individual prescriptions for Michigan patients as a compounding facility.  NECC’s license was suspended and the company was forced to cease operations in Michigan. 
On December 12, 2013, the Michigan Board of Pharmacy Disciplinary Subcommittee formally agreed to the surrender and NECC voluntarily surrendered their Michigan pharmacy and controlled substance licenses.  As a result, NECC can no longer do business in the State of Michigan, and its surrender will be reported as a disciplinary surrender to other states.  Because the order provides that the surrender is based on a breach of Michigan’s Public Health Code, the State of Michigan can deny licensure to any individual who had a financial interest in NECC and applies for a new pharmacy license in the future. 
As of March 25, 2013, the Centers for Disease Control and Prevention (CDC) report 259 Michigan citizens have been infected and 14 have died. Michigan leads the nation in number of infections, and ties one other state for the highest number of patient deaths.   The CDC records Tennessee with 150 infections and 14 deaths.  The latest CDC reports can be viewed online: http://www.cdc.gov/hai/outbreaks/meningitis-map.html
On October 6, 2012, NECC issued a recall of all its products currently in circulation that were produced and distributed from its facility in Framingham, Massachusetts.  More information about the recall, including a list of affected medications can be found here: http://www.neccrx.com.

Monday, March 25, 2013

Schuette takes MCRI fight to Supreme Court



LANSING- Attorney General Bill Schuette today announced the U.S. Supreme Court has decided to hear arguments regarding his appeal of a split 8-7 en banc ruling by the U.S. Court of Appeals for the 6th Circuit that overturned Article I, Section 26 of the Michigan Constitution, otherwise known as the Michigan Civil Rights Initiative (MCRI).  Section 26 amended the Constitution to prohibit race- and sex-based discrimination or preferential treatment in public-university admissions decisions.  The U.S. Supreme Court will hear oral arguments for the case this fall. 

"The Michigan Constitution exemplifies the fundamental premise of what America is all about: equal opportunity under the law for all citizens," said Schuette.  "Entrance to our great colleges and universities must be based upon merit, and I remain optimistic moving forward in our fight for equality, fairness and rule of law at our nation’s highest court." 
  
On July 1, 2011, a three judge panel of the U.S. Court of Appeals for the 6th Circuit issued a 2-1 decision that declared Michigan's constitutional ban on racial preferences in public education unconstitutional on the grounds it allegedly violated the 14th Amendment of the U.S.   Schuette filed a request for a rehearing en banc with the U.S. Court of Appeals for the 6th Circuit.  The rehearing was considered by fifteen judges from the 6th Circuit on March 7, 2012. Two judges recused themselves from the rehearing.

 MCRI was approved by a 58 percent majority of Michigan voters in November, 2006.  The day after the measure was approved, several organizations filed suit to invalidate MCRI.  The measure was previously upheld in December 2006 when a separate three-judge panel from the 6th Circuit issued a preliminary ruling that unanimously concluded the measure passed Constitutional muster. 

Friday, March 22, 2013

Lapeer chief assistant prosecutor named



Steve Beatty has been named the new Chief Assistant Prosecuting Attorney for the Lapeer County Prosecutor’s Office, effective January 1, 2013.  Beatty joined the Prosecutor’s Office in 2005, and had been practicing law in Michigan since 1998.