September 1, 2006

Distinguished Brief Awards Presented to Four Michigan Attorneys

Distinguished Brief Awards Winners

The Thomas M. Cooley Law Review honored three attorneys in June as part of its annual Distinguished Brief Competition.

Winning the Distinguished Brief Awards were Jennifer Kay Clark, Assistant Prosecutor for Calhoun County, Mich.; Donnelly W. Hadden, of Donnelly W. Hadden, P.C., in Ann Arbor, Mich.; and a joint award to Robert
P. Roth and Marc Berlin, of Portnoy & Roth, P.C., in Bloomfield, Mich.

Ms. Clark won for her brief, People v. Mileski; Mr. Hadden won for his brief, Huddock v. Schulack; Mr. Roth and Mr. Berlin won for their brief, Zsigo v. Hurley Medical Center.

The Distinguished Brief Award is given in recognition of the most scholarly briefs filed before the Michigan Supreme Court, as determined by a panel of eminent jurists. These briefs are evaluated in seven categories: the question presented, point headings, statement of the case, argument and analysis, style, mechanics, and best overall brief.

Mr. Hadden, whose practice focuses on environmental law and toxic torts, was pleased to receive the award for his brief. “I’m very proud of it,” he noted. One of two briefs he’s had before the Michigan Supreme Court, the winning brief dealt with statutes of limitations in a case involving an architect.

Writing is a major focus in Mr. Hadden’s career. He recently authored a novel, The Treaty, which is being published by Xlibris which hit the bookstores Labor Day.
Ms. Clark, who does all the appellate prosecution for Calhoun County, said she was very pleasantly surprised by the award. Her brief concerns the Confrontation Clause's guarantee to suspects that they are entitled to confront their accusers at trial. More specifically, it deals with the definition of what constitutes testimonial evidence and the application of the U.S. Supreme Court's decision, Crawford v Washington, in a Michigan case

"This award means a great deal to me. I've been doing appellate work for about 10 years and to be selected for this award, considering the field of talented attorneys out there, was both rewarding and humbling. I think this award underscores the vital role legal writing plays in appellate practice and that the brief has become the main vehicle to put your case before the court. A good brief should be easily read, understood, and a useful tool for the court in making its decision.

Mr. Berlin said they were very appreciative of the award for the Portnoy & Roth, P.C. brief. “We were excited and delighted to win this unexpected honor,” he said.

Mr. Roth said they were very pleased with the honor and the fact that the award gives the issues more exposure. “They’re important issues,” he explained, “regarding the limits of employer liability for employee actions committed beyond the scope of the employees's duties. The brief argued to preclude the application of a Restatement of Agency section which would have effectively removed the well established limitation of liability. The Supreme Court agreed with our client's positions, precluded the applicability of the Restatement section and preserved the long standing rule that employers would not be liable for intentional torts or other actions of employees committed beyond the scope of their employment."

Mr. Berlin and Mr. Roth collaborated on the briefs, which spanned over four years as the case wound its way through the courts. In the end, Mr. Berlin said, the Michigan Supreme Court agreed with their brief and chose not to adopt the Restatement of Agency section.

Portnoy and Roth, P.C., focuses solely on representing hospitals in medical malpractice cases.

Cooley Professor Mark Cooney, faculty adviser for the Cooley Law Review, said the award highlights a key element of the legal system. “This is the only award I know of recognizing that practicing lawyers who write fine appellate briefs produce important legal scholarship. The best of those briefs are worthy of publication, just like scholarly articles. By publishing exceptional appeal briefs that have shaped Michigan law, the Cooley Law Review ensures that those briefs will become part of the permanent body of legal scholarship, rather than just being buried in a dusty old case file somewhere.”

Founded in 1972, Cooley Law School is now the largest law school in the country. Cooley has the largest enrollment in African-American students of any law school and the second highest number of minorities overall in the United States. Cooley has three campuses across Michigan; its main campus in downtown Lansing, its downtown Grand Rapids campus in west Michigan, and its Rochester/Oakland University campus in southeast Michigan. In addition to the J.D. program, students at Cooley can also pursue an LL.M. in Tax or in Intellectual Property.