MACOMB CIRCUIT COURT CASE EVALUATOR APPLICATION

Transcription

1 MACOMB CIRCUIT COURT CASE EVALUATOR APPLICATION I~ -31'Ir (Not to be used by AR Mediator Applicants) Applicants may submit applications in teams of three for approval. RtCEJVEQ If this is a team request, please list the last names of the other two applicants: OCT t 4 CASE EVALUATION To serve as a case evaluator in Macomb County Circuit Court, an applicant must meet the following minimum qualifications: An applicant must have been a practicing lawyer for at least five years. An applicant must be a member in good standing of the State Bar of Michigan. An applicant must reside, maintain an office, or have an active practice (litigation and/or mediation) in Macomb County. An applicant must demonstrate that a substantial portion of his/her practice for the last 5 years has been devoted to civil litigation matters including investigation, discovery, motion practice, case evaluation, settlement, trial preparation, and/or trial. An applicant must demonstrate an active practice for the last three years in the area of personal injury/negligence, medical malpractice, product liability, commercial, labor and employment, or complex commercial to qualify for those specialized sublists. James A. O'Toole P#24856 Full Name St. Julian Ct. Sterling Heights, MI Residence address Home Telephone No. Business address (if different from residence address) Business Telephone No. James A. O'Toole, PLLC 2 Current Employer's Name Biber O'Toole Fowler & Clarkson 18 Previous Employer's Name address: jaolaw@comcast.net Number of years with employer Number of years with employer PART A: General Information New Application I./ I Renewal Application 1. When were you admitted to the practice of law (month/day/year)? April 8, Are you a member in good standing of the State Bar of Michigan? l!!!i Yes 0 No 3. Have you ever been disciplined by the Michigan Attorney iscipline Board or any other 4/2/14

2 state or federal agency or court? If yes, explain on an attachment. lii!il Yes No 4. Have you served as a case evaluator? lii!il Yes 0 No. If yes, please describe on an attachment. 5. o you qualify for service in this jurisdiction by (a) lii!il residing in Macomb County (b) lii!il maintaining an office in Macomb County, or (c)!!i an active practice in Macomb County? 6. Please provide factual support for your qualification(s) under question 5 by providing a description of your "active practice" on an attachment. 7. Please demonstrate that a substantial portion of your practice for the last 5 years has been devoted to civil litigation matters, including investigation, discovery, motion practice, case evaluation, settlement, trial preparation, and/or trial, as required by MCR 2.404(8)(2)(c) on an attachment. 8. Panel sought (select no more than two): General Civil I Personal Injury/Negligence (Iii Plaintiff Neutral efense) Medical Malpractice (0 Plaintiff Neutral efense) Product Liability ( Plaintiff Neutral efense) Commercial (0 Plaintiff Neutral efense) Labor and Employment ( Plaintiff Neutral efense) Complex Commercial (lii!il Plaintiff Neutral efense) PART B: For Specialized Lists Complete Part B if you are applying for service on a Specialized List (i.e. personal injury/negligence, medical malpractice, product liability, commercial, labor and employment, and complex commercial) pursuant to MCR 2.404(8)(4). 1. In your practice, do you primarily represent: l"l Plaintiffs efendants Not identifiable 2. Indicate the percent of your current practice in the following areas: Personal Injury/Negligence 98 % Plaintiff 2 % efendant 4/2/14 2

3 Medical Malpractice 0 % Plaintiff 0 % efendant Product Liability 100 % Plaintiff 0 % efendant Commercial 85 % Plaintiff 15 % efendant Labor and Employment 0 % Plaintiff 0 % efendant Complex Commercial 95 % Plaintiff 5 % efendant 3. Please demonstrate that you have had an active practice for the past 3 years in the area of law for the Specialized List you are applying as required by MCR 2.404(8)(2)(d) on an attachment. 4. How many cases on average have you participated in case evaluation, facilitation, or mediation as counsel for a party over the last three years? _a 5. Have you previously served as a case evaluator, mediator, facilitator, or arbitrator in the past three years? _v_es 6. If so, please identify the forum, location and nature of case(s) heard, frequency of service, and whether you served as plaintiff, defendant, or neutral position. Macomb County 2013 and 2014 as Plaintiff. General Civil; Auto 3rd party and PIP; and general negligence. 7. How many cases did you resolve by way of settlement over the past three years on an annual basis? s Please specify the type of case. Corporate dissolution and shareholder rights litigation. Probate Trust litigation. Real property, mortgage and foreclosure litigation. 3rd party Auto Liability. Commercial lease litigation. Limited liability company litigation. Real Estate development litigation. Personal guaranty litigation. 8. Indicate the percent of your current practice: Mediation o % ---- Litigation _9_o % CASE EVALUATOR ELIGIBILITY CERTIFICATION I certify, pursuant to MCR 2.404(8)(1 ), that I meet the requirements for service under the Macomb County Circuit Court's selection plan and that I will not discriminate against parties, attorneys, or other case evaluators on the basis of race, ethnic origin, gender, or other protected personal characteristic. c;r October 27, 2014 ate 4/2114 \ ' / 3

4 GENER/RACE/ETHNICITY INFORMATION - OPTIONAL In order to evaluate our efforts to provide bias free case evaluators and diversity, we ask you to voluntarily identify your gender/race/ethnicity. This information will be maintained separately from the other pages of the application. James A. O'Toole Name (first, middle initial, last) (print or type) p24856 Bar No. Please check the appropriate box: Gender [{] Male Female Race/Ethnicity American Indian or Alaskan Native Asian or Pacific Islander Black/African American (non-hispanic) I./ I Caucasian (non-hispanic) Hispanic Other Please specify Return this application to: Macomb County Circuit Court AR Clerk 40 N. Main, 5th Floor Mt. Clemens, Ml /2/1 4 4

5 Part A Attachment. A3. isciplined 1990 Failure to answer request for investigation; failure to keep clients informed. A4. Macomb County panels in 2013 and General Civil. 3rd party and PIP auto. A6. James A. O'Toole, was admitted to the practice of law in the State of Michigan in 1975, primarily focused in the area of litigation, with his practice heavily weighted towards business/commercial civil and personal injury litigation. He has litigated as many as 100 civil, business and criminal jury trial cases to conclusion in istrict, Circuit and Appellate Court's throughout this State, and in the United States istrict Court for the Eastern istrict of Michigan, the United States istrict Court for the Eastern istrict of Texas, United States istrict Court for the Eastern istrict of Kentucky and in the United States 5th Circuit Court of Appeals in New Orleans, Louisiana. James O'Toole has, in the past, litigated civil and criminal jury and non-jury trials in Macomb County before the following Macomb Circuit Judges, including but not limited to: F. Jeanette, E. Servitto, R. Chrzanowski, R. Cashen, E. Gallagher, a six-week bench trial before L. Zatkoff, M. Switalski, L. Bucci, M. Chrzanowski, W. Cynar, J. Biernat, Sr., K. Sanborn, G. Steeh, Sr. ; G. eneweth; H. Carroll P. Maceroni and H. Stair. Additionally, he has tried numerous jury and bench trials in Wayne, Oakland, Genesee, Kent and Montmorency counties. In Oakland County he has maintained an office for 18 years until 2012 and an active practice trying jury trials before Judges

6 Andrews, Young, Warren, Langford-Morris, Arthur E. Moore, and Mester. Additionally he has litigated 1 OO's of matters in the courts of most of the Oakland County judges For the last five years my practice has been almost exclusively civil litigation.(as evidenced by A 6. above) Said litigation involved initiating suit, pursuit of discovery, extensive motion practice, case evaluation, settlement, trial preparation and trial. My last trial was conducted before Hon. Peter Maceroni of Macomb Circuit. I~~~~ ~fl.y~~ ~V\I\~ f2y 0~ 1qqs I

7 Part B. B 3. Within the last three years I have practiced personal injury and commercial litigation in Macomb and Oakland counties. The claims involved all aspects of litigation from filing suit, discovery, motion practice, case evaluation and settlement or trial. Commercial claims involved complex accounting and business judgment issues and were favorably resolved for amounts in some cases above seven figures.