Brett Bellmore
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This from today's Detroit News. www.detnews.com
Gun suit becomes showdown
Wayne commissioners claim administration didn't get their OK for $160,000 in legal bills
What's next * The Wayne County Commission's Committee of the Whole will meet on April 4 to address whether contracts for legal work associated with the county's gun lawsuit are valid. * Sometime this week, Wayne County Judge Jeanne Stempien is expected to rule on a motion by the gun makers to throw out the county's $400-million lawsuit. * If the suit isn't thrown out, Deputy Wayne County Executive Michael Duggan said he then expects the county to reach a settlement with Smith & Wesson.
By David Josar, and David Shepardson / The Detroit News
DETROIT -- Wayne County commissioners, contending the county's lawsuit against gun makers is a political ploy, are balking at paying more than $160,000 in legal bills racked up so far in the court battle.
The commission refused to pay roughly $160,000 in legal bills associated with the gun suit last week because the work was done without their approval. It's unclear how the litigation will proceed until the contract issues are resolved.
"This is clearly an invalid contract. No one ever came to us to ask us about it," Commissioner Susan Hubbard said. "We have been totally kept in the dark.
"I support the spirit of the lawsuit and commend those who initiated the lawsuit, but I'm quite insulted ... about the process."
Although the primary law firm handling the county's lawsuit is working on a contingency basis, the county is still responsible for research costs, such as conducting studies, hiring expert witnesses and the expense of any consultants.
The county is seeking $400 million in damages from 24 gun manufacturers and 12 gun dealers for "willful negligence" in not stopping gun sales where buyers act as front men for felons and juveniles. The suit is before Wayne Circuit Court Judge Jeanne Stempien. Detroit filed a similar lawsuit.
On Friday, gunmaker Smith & Wesson signed an agreement with White House negotiators to end the threat of suits from New York, Connecticut and the federal Department of Housing and Urban Development.
In exchange, the company agreed to install safety locks on handguns and develop "smart gun" technology that limits a gun's use to its rightful owner.
At least 15 of the 29 cities and counties with lawsuits against gunmakers agreed to drop their suits, including Detroit.
Wayne County commissioners will meet April 4 to address some of the issues related to the county's lawsuit.
They hope to get answers from officials in County Executive Ed McNamara's administration.
County lawyers and staffers are reviewing the contracts, trying to determine if they are binding.
"These are very serious questions," said Commissioner Kay Beard. "There may well have been an illegal action, and we need to know who gave this authority."
On Monday, Deputy Wayne County Executive Michael Duggan said there is no problem with the contract.
"The commission was not aware it already had approved the contract," Duggan said.
He said the commission approved the primary contract in December. That agreement expires April 6.
Duggan also said the county expects to negotiate a settlement with Smith & Wesson should Judge Jeanne Stempien rule that the lawsuit can proceed.
"I fully expect we'll come to a negotiated settlement with Smith & Wesson after the judge rules," said Duggan, who called such an agreement "a huge step." However, he said the county wants tighter controls on distribution of guns to dealers before it signs off.
Another legal services contract associated with the county's gun litigation, which was approved by McNamara and the county's chief lawyer, Ed Ewell, was good for only up to $15,000 without commission approval. In that case, the lawyers have exceeded the $15,000 limit.
Last week, McNamara asked the commission to approve $60,000 in expenses to the law firm of Erman, Teicher, Miller, Zucker, Freedman & Gordon of Southfield. The firm, hired by the county in November, was brought in to handle bankruptcy matters because one of the gun manufacturers -- Davis Industries -- had filed for bankruptcy.
The other law firm, Thursell, Chayet & Weiner of Southfield, was hired as the primary litigator and agreed to defer its first $100,000 in fees until there's a settlement.
Thursell, Chayet & Weiner have a contingency fee agreement with the county in which they will be paid a third of the cash value of any settlement.
Even if the lawsuit fails in court, the county is still responsible for all the costs.
If there's a settlement, the costs are covered from that money. If the county loses in court, the costs would come from taxpayer dollars.
Costs may be more expensive than the expense of lawyers time. For example, lawyers have already paid a University of Michigan professor $25,000 to study gun distribution networks.
Commissioners are also angry that they have been left out of the loop when it comes to the suit, and that the issue has changed from a public safety campaign to a political campaign.
They noted that Duggan, who's spear-heading the gun suit, is seeking election as county prosecutor.
"This is all about politics and getting people elected," Commissioner Jewel Ware said. She fears that commission input in the litigation is being circumvented. "We have no clue as to what's going on," she said.
"I'm tired of (Ewell) and the county executive doing whatever they want and getting attention in the press," Commissioner Bernard Parker said.
Duggan dismissed the commission's accusations by saying the lawsuit is about addressing the danger of guns in Wayne County and has nothing to do with playing politics.
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Sic semper tyrannis!
Gun suit becomes showdown
Wayne commissioners claim administration didn't get their OK for $160,000 in legal bills
What's next * The Wayne County Commission's Committee of the Whole will meet on April 4 to address whether contracts for legal work associated with the county's gun lawsuit are valid. * Sometime this week, Wayne County Judge Jeanne Stempien is expected to rule on a motion by the gun makers to throw out the county's $400-million lawsuit. * If the suit isn't thrown out, Deputy Wayne County Executive Michael Duggan said he then expects the county to reach a settlement with Smith & Wesson.
By David Josar, and David Shepardson / The Detroit News
DETROIT -- Wayne County commissioners, contending the county's lawsuit against gun makers is a political ploy, are balking at paying more than $160,000 in legal bills racked up so far in the court battle.
The commission refused to pay roughly $160,000 in legal bills associated with the gun suit last week because the work was done without their approval. It's unclear how the litigation will proceed until the contract issues are resolved.
"This is clearly an invalid contract. No one ever came to us to ask us about it," Commissioner Susan Hubbard said. "We have been totally kept in the dark.
"I support the spirit of the lawsuit and commend those who initiated the lawsuit, but I'm quite insulted ... about the process."
Although the primary law firm handling the county's lawsuit is working on a contingency basis, the county is still responsible for research costs, such as conducting studies, hiring expert witnesses and the expense of any consultants.
The county is seeking $400 million in damages from 24 gun manufacturers and 12 gun dealers for "willful negligence" in not stopping gun sales where buyers act as front men for felons and juveniles. The suit is before Wayne Circuit Court Judge Jeanne Stempien. Detroit filed a similar lawsuit.
On Friday, gunmaker Smith & Wesson signed an agreement with White House negotiators to end the threat of suits from New York, Connecticut and the federal Department of Housing and Urban Development.
In exchange, the company agreed to install safety locks on handguns and develop "smart gun" technology that limits a gun's use to its rightful owner.
At least 15 of the 29 cities and counties with lawsuits against gunmakers agreed to drop their suits, including Detroit.
Wayne County commissioners will meet April 4 to address some of the issues related to the county's lawsuit.
They hope to get answers from officials in County Executive Ed McNamara's administration.
County lawyers and staffers are reviewing the contracts, trying to determine if they are binding.
"These are very serious questions," said Commissioner Kay Beard. "There may well have been an illegal action, and we need to know who gave this authority."
On Monday, Deputy Wayne County Executive Michael Duggan said there is no problem with the contract.
"The commission was not aware it already had approved the contract," Duggan said.
He said the commission approved the primary contract in December. That agreement expires April 6.
Duggan also said the county expects to negotiate a settlement with Smith & Wesson should Judge Jeanne Stempien rule that the lawsuit can proceed.
"I fully expect we'll come to a negotiated settlement with Smith & Wesson after the judge rules," said Duggan, who called such an agreement "a huge step." However, he said the county wants tighter controls on distribution of guns to dealers before it signs off.
Another legal services contract associated with the county's gun litigation, which was approved by McNamara and the county's chief lawyer, Ed Ewell, was good for only up to $15,000 without commission approval. In that case, the lawyers have exceeded the $15,000 limit.
Last week, McNamara asked the commission to approve $60,000 in expenses to the law firm of Erman, Teicher, Miller, Zucker, Freedman & Gordon of Southfield. The firm, hired by the county in November, was brought in to handle bankruptcy matters because one of the gun manufacturers -- Davis Industries -- had filed for bankruptcy.
The other law firm, Thursell, Chayet & Weiner of Southfield, was hired as the primary litigator and agreed to defer its first $100,000 in fees until there's a settlement.
Thursell, Chayet & Weiner have a contingency fee agreement with the county in which they will be paid a third of the cash value of any settlement.
Even if the lawsuit fails in court, the county is still responsible for all the costs.
If there's a settlement, the costs are covered from that money. If the county loses in court, the costs would come from taxpayer dollars.
Costs may be more expensive than the expense of lawyers time. For example, lawyers have already paid a University of Michigan professor $25,000 to study gun distribution networks.
Commissioners are also angry that they have been left out of the loop when it comes to the suit, and that the issue has changed from a public safety campaign to a political campaign.
They noted that Duggan, who's spear-heading the gun suit, is seeking election as county prosecutor.
"This is all about politics and getting people elected," Commissioner Jewel Ware said. She fears that commission input in the litigation is being circumvented. "We have no clue as to what's going on," she said.
"I'm tired of (Ewell) and the county executive doing whatever they want and getting attention in the press," Commissioner Bernard Parker said.
Duggan dismissed the commission's accusations by saying the lawsuit is about addressing the danger of guns in Wayne County and has nothing to do with playing politics.
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Sic semper tyrannis!