MACOMB CIRCUIT COURT CASE EVALUATOR APPLICATION

'1s-~ Applicants may submit applications in teams of three for approval. OCT ,,.,°S'/v/E"O

(Not to be used by ADR Mediator Applicants)

If this is a team request, please list the last names of the other two applicants: C-1S~ 2 2 lO//, t:v"ti.

(J .... ,.~

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.

Albert James Dib P#32497 Full Name

Residence address Home Telephone No.

25892 Woodward Ave., Royal Oak, Ml 48067 (248) 542-6300 Business address (if different from residence address) Business Telephone No.

Dib and Fagan, P.C. 28 Current Employer's Name Number of years with employer

Lopatin, Miller, P.C. 8 Previous Employer's Name

Fax: (248) 542-6301 Number of years with employer

E-mail address: adib@dibandfagan.com

PART A: General Information

D New Application Renewal Application

1. When were you admitted to the practice of law (month/day/year)? JU ne 2, 1981

2. Are you a member in good standing of the State Bar of Michigan? !!!I Yes D No

3. Have you ever been disciplined by the Michigan Attorney Discipline Board or any other 412114

state or federal agency or court? If yes, explain on an attachment. !!!!!! Yes D No

4. Have you served as a case evaluator? !!!!!! Yes D No. If yes, please describe on an attachment.

5. Do you qualify for service in this jurisdiction by (a) D residing in Macomb County (b) D maintaining an office in Macomb County, or (c) !!!!!! 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(B)(2)(c) on an attachment.

8. Panel sought (select one):

D General Civil

!!!!!! Personal Injury/Negligence (lji Plaintiff D Neutral D Defense)

!!!!!! Medical Malpractice (!!!!!! Plaintiff D Neutral D Defense)

D Product Liability (D Plaintiff D Neutral D Defense)

D Commercial (D Plaintiff D Neutral D Defense)

D Labor and Employment (D Plaintiff D Neutral D Defense)

D Complex Commercial (D Plaintiff D Neutral D Defense)

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(B)(4) .

1. In your practice , do you primarily represent:

lvl Plaintiffs D Defendants D Not identifiable

2. Indicate the percent of your current practice in the following areas:

Personal Injury/Negligence 100 % Plaintiff 0 % Defendant

4/2/ 14

2

Medical Malpractice 100 % Plaintiff 0 % Defendant

Product Liability % Plaintiff % Defendant

Commercial % Plaintiff % Defendant

Labor and Employment % Plaintiff % Defendant

Complex Commercial % Plaintiff % Defendant

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(B)(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? More than so

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. I have served as can '"aluator •fl Macomb Co11n!y for many yl31'$. I nave also serveCI for many years as a specia lized pla1nuff medlCCll malpractM;e can evaluator m Wayne County I have l1k1wiu bMn an art)l1ra1or aru1 nav1 a.1>itra teo and facll<ta1e<:1 nunor&e11 of

7. How many cases did you resolve by way of settlement over the past three years on an annual basis? Mor• 1h•n 5o Please specify the type of case. All have been plaintiff personal injury cases; most have been medical malpractice cases.

8. Indicate the percent of your current practice:

Mediation % ---- Litigation _1_00 ____ %

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.

October 14, 20 14

Date

4/2/ 14

Albert J . Dib

Signature

3

0~)..,,,...1~, ......... ,!HJ ON""'..,.,.,,' OICI."" ·~-~"ll·•''om ~·u~ 0""' 20,. •Gu 11 ~12• .Q.l"QO'

GENDER/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.

Albert J. Dib Name (first, middle initial, last) (print or type)

Please check the appropriate box :

Gender

~ Male

D Female

Race/Ethnicity

D D D D ~

~

American Indian or Alaskan Native

Asian or Pacific Islander

Black/African American (non-Hispanic)

Caucasian (non-Hispanic)

Hispanic

Other Arab Please specify

Return this application to:

4/2/ 14

Macomb County Circuit Court ADR Clerk 40 N. Main, 5th Floor Mt. Clemens, Ml 48043

4

p32497 Bar No.

EDUCATION:

CURRICULUM VITJE ALBERT J. DIB, ESQ.

Attorney and Counselor at Law DIB AND FAGAN BUILDING

25892 Woodward Avenue Royal Oak, Michigan 48067-0910

(248) 542-6300; Fax: (248) 542-6301 Mobile: (248) 672-9854 adib@dibandfagan.com www.dibandfagan.com

• 1973, Diploma, Denby High School, Detroit Public Schools • 1977, Bachelor of Arts (Philosophy), University of Michigan - Dearborn • 1980, University of Exeter, England (Summer Program of Study - College of

William & Mary, Marshall-Wythe School of Law) • 1980 (Dec.), Juris Doctor, Wayne State University Law School, Detroit

PROFESSIONAL LICENSURE/BAR ADMISSION:

1981- Attorney, Michigan Bar No. P32497 (Feb.'81Bar-passed,1 51 attempt) 1981 - U.S. District Court, Eastern District of Michigan (also admitted in Western

District of Michigan) 1982 - U.S. Sixth Circuit Court of Appeals 1982 - Michigan Supreme Court

EMPLOYMENT:

DIB AND FAGAN, P.C., Royal Oak, Michigan Ranked by U.S. NEWS & WORLD REPORT - Best Lawyers® "Best Law Firms" (first-tier). Also recognized by The Best Lawyers in America® (Medical Malpractice Law - Plaintiffs; Employment Law - Individuals), Super Lawyers®, Top Lawyers in Metro Detroit, DETROIT BUSINESS (Detroit's Premier Business Journal - HOUR MEDIA), and AV® Martindale-Hubbell® Preeminent Peer Review RatingTM (highest possible peer review rating in both legal ability and ethical standards)

AREAS OF EXPERTISE:

•Torts •Medical and Professional Liability •Litigation and Advocacy Skills •Civil Procedure •Evidence

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ACADEMIC APPOINTMENTS/TEACHING EXPERIENCE:

•WAYNE ST ATE UNIVERSITY LAW SCHOOL, Adjunct Professor of Law Courses taught: Health Law (LEX 7356); Pretrial Advocacy (LEX 7666)

• UNIVERSITY OF DETROIT MERCY SCHOOL OF LA w' Adjunct Professor of Law Courses taught: Medical Malpractice (LAW-339-75); Pre-trial Litigation Skills (LAW-238-75)

•CENTRAL MICHIGAN UNIVERSITY, Instructor Course taught: Legal Aspects of Health Service Organizations (HES 5 71)

• 33rd ANNUAL NATIONAL TRIAL COMPETITION (NTC), (sponsored by Texas Young Lawyers Association, American College of Trial Lawyers), Regional Competition, Cincinnati, OH, Faculty Advisor, WAYNE STATE UNIVERSITY LAW SCHOOL Team, 2008

•WAYNE STATE UNIVERSITY LAW SCHOOL, Faculty Advisor, Mock Trial Program (Formerly ST AP), 2007

•WAYNE STATE UNIVERSITY LAW SCHOOL (Judge - Arthur Neef Moot and Court Competition; STAP Mock Court Competition); UNIVERSITY OF DETROIT MERCY SCHOOL OF LAW (Judge - State of Michigan, Gallagher Moot Court, New York City Bar Assn National Competitions); MICHIGAN STATE UNIVERSITY COLLEGE OF LAW (formerly Detroit College of Law, Judge -Finals, Moot Court Competition); MICHIGAN STATE UNIVERSITY, Mock Trial Invitational, Judge

•INSTITUTE OF CONTINUING LEGAL EDUCATION (ICLE) - Invited Lecturer (Deposition Conduct and Objections)

•MICHIGAN ASSOCIATION FOR JUSTICE (formerly MTLA) - Invited Lecturer (Malpractice Tort Reform; Supreme Court Pilot Program, 651

h Annual Meeting, 2010)

•AMERICAN ASSOCIATION FOR JUSTICE & MICHIGAN ASSOCIATION FOR JUSTICE (formerly A TLA & MTLA), at UNIVERSITY OF DETROIT-MERCY SCHOOL OF LA w (Trial Advocacy Workshop Instructor)

SELECTED PUBLICATIONS/PRESENTATIONS:

•STATE BAR OF MICHIGAN - Litigation Section, Winter 2013 Publication, Author, "Can a Plaintiff estate maintain an action for a decedent's loss of earning capacity?"

2 I

• FEDERAL BAR ASSOCIATION'S NEW LAWYER SEMINAR -2013 - SPEAKER:

"Establishing a Personal Injury Practice"

• MAJ - NEW LAWYERS SEMINAR -2013 - SPEAKER: "Expert Depositions"

• MAJ - MED MAL SEMINAR-2010 - SPEAKER: "Michigan Supreme Court Jury Reform Pilot Program"

• THE WAYNE LAW REVIEW, WAYNE STATE UNNERSITY LAW SCHOOL: Author, ANNUAL SURVEY OF MICHIGAN LAW, "Medical Malpractice," Vol. 53, No.1, Spring 2007

• WAYNE JOURNAL OF LAW IN SOCIETY, WAYNE STATE UNNERSITY LAW SCHOOL: HEALTH LAW SYMPOSIUM, March 22, 2007, Moderator, "Lawsuits in the ER : Legislative Changes in Medical Malpractice"

• AMERICAN ASSOCIATION OF LAW LIBRARIES, Michigan Chapter: ANNUAL SPRING MEETING, May I 0, 2007, Featured Speaker, "The Intersection of Medical and Legal Issues"

• WAYNE STATE UNIVERSITY LAW SCHOOL: TRIAL ADVOCACY WORKSHOP, September 29, 2007, WSU Mock Trial Program (Formerly STAP), "Closing Arguments"

• INSTITUTE OF CONTINUING LEGAL EDUCATION (ICLE): 261h ANNUAL

EMPLOYMENT LAW CONFERENCE, Featured Speaker and Contributing Author, "Ethical Conduct and Effective Lawyering, Plaintiff's Perspective"

• Keynote Speaker, JENNIFER COLEMAN HESSON JUDICIAL INVESTITURE, State of Michigan - 33rd Judicial District Court, 2010

• Numerous appellate briefs filed in U.S. Sixth Circuit Court of Appeals, Michigan Supreme Court, Michigan Court of Appeals

PROFESSIONAL A WARDS, HONORS, D ISTINCTIONS:

• THE BEST LAWYERS IN AMERICA® (Medical Malpractice Law - Plaintiffs)

• Top Lawyers in Metro Detroit, DETROIT B USINESS (Detroit's Premier Business Journal - HOUR MEDIA)

• MICHIGAN SUPER LA WYERS<[,

• ADJUNCT LAW FACULTY AWARD, 2006-2007, UNIVERSITY OF DETROIT MERCY

SCHOOL OF LAW

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•U.S. NEWS & WORLD REPORT- BEST LAWYERS® "Best Law Firms" (jirst­tier)

• MASTER LAWYERS SECTION, Member, State Bar of Michigan

• DEAN'S COUNCIL, WAYNE STATE UNIVERSITY LAW SCHOOL, 2008-present

• Av® MARTINDALE-HUBBELL® PREEMINENT PEER REVIEW RA TING™ (Highest Peer Review Rating for Ethical Standards and Legal Ability)

• $2,000,000 Jury Verdict, February 03, 2003, TONOWSKI VS ST. JOSEPH MERCY

HOSPITAL (failure to properly treat intracerebral hemorrhage), 16th Judicial Circuit Court, Macomb Co., MI, Case No. 01-1350-NH (Largest Medical Malpractice Verdict in Macomb County, MI)

• $1,420,000.00 Jury Verdict, February OJ, 2010, EST. OF WOODARD, dec'd VS DR.

DHANA SHRESTHA (failure to properly treat pituitary apoplexy), 18th Judicial Circuit Court, Bay Co., MI, Case No. 06-3144 NH-C (Largest Medical Malpractice Verdict in Bay County, MI)

• WAYNE STATE UNIVERSITY LAW ALUMNI ASSOCIATION, President, 2003-2004; Vice-President, 2002-2003; Treasurer, 2001-2002; Board of Visitors Liaison, 2004-2006

• WAYNE STATE UNIVERSITY LAW SCHOOL, Member, Board of Visitors, 2004-present

• WAYNE STATE UNIVERSITY ALUMNI ASSOCIATION, Member, Board of Directors, 2003-2004

• THE ANTHONY WAYNE SOCIETY, WAYNE STATE UNIVERSITY, Detroit

• w A YNE STATE UNIVERSITY LA w SCHOOL, Gold Sponsor, Justice Marilyn Kelly Public Interest Endowed Scholarship

• WAYNE ST ATE UNIVERSITY LAW SCHOOL, Donor, The Damon J Keith Center for Civil Rights

• WAYNE ST ATE UNIVERSITY LAW SCHOOL, Donor, The Campaign for the 2 J"t Century

• WAYNE STATE UNIVERSITY LAW SCHOOL AND DAMON J. KEITH LAW

COLLECTION, Patron Sponsor, 49111 Anniversary BROWN vs BD EDUC()

• WAYNE STATE UNIVERSITY, Donor: The Law School Fund, The Law School General Scholarship Fund, The Law School Minority Students Scholarship Fund, WDET Public Radio

4 I I

• WAYNE ST ATE UNIVERSITY LAW SCHOOL, Donor Representative of The John Cabaniss Endowed Scholarship Fund, 2007 Honors Convocation

• w A YNE STATE UNIVERSITY LA w SCHOOL, Silver Sponsor, 2014 w A YNE LA w GOLF OUTING, supporting the w A YNE LA w ENDOWED SCHOLARSHIP

• Who's Who in American Law

PROFESSIONAL ACTIVITIES, ASSOC/A T/ONS AND SOCIETIES:

• WAYNE ST A TE UNIVERSITY LAW SCHOOL, 1 l Orientation-Alumni Roundtable Discussion, 2014

• MICHIGAN ASSOCIATION FOR JUSTICE EXECUTIVE BOARD, 2014-2015, Member

• UNIVERSITY OF MICHIGAN-DEARBORN, Alumni Mentor Program, 2014

• COURT-APPOINTED SETTLEMENT MEDIATOR-Macomb County Circuit Court, 2014

• WAYNE STATE UNIVERSITY LAW SCHOOL, "Wayne Warriors," TOUGH MUDD ER COMPETITION, Wounded Warrior Project, 2013

• UNIVERSITY OF MICHIGAN-DEARBORN, Opportunity Scholarship Event, 2013

• WAYNE STATE UNIVERSITY LAW SCHOOL, law Firm Host, new law students, 2013

• STATE BAR OF MICHIGAN LITIGATION SECTION GOVERNING COUNCIL, Member, 2009 - 2015 This section provides education, information and analysis about issues of concern through meetings, seminars, publications, website, and public service programs.

• STATE BAR OF MICHIGAN DISTRICT I CHARACTER AND FITNESS COMMITTEE, Member, 2007 This committee plays a vital role in determining the suitability of applicants for admission to practice law in Michigan, and is responsible for making reports and recommendations addressing whether applicants possess good moral character and fitness to practice law.

• STATE BAR OF MICHIGAN GRIEVANCE COMMITTEE, Member, 2003-2006 This committee makes recommendations concerning the rules and operation of the Attorney Discipline Board, the Attorney Grievance Commission, and the Judicial Tenure Commission.

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LANGUAGES:

PERSONAL:

• MICHIGAN ASSOCIATION FOR JUSTICE, LAW SCHOOL LIAISON/FOUNDATION

COMMITTEE, Member, 2008-2010

• Member: STATE B AR OF MICHIGAN (Master Lawyers Section , Litigation Section , Negligence Law Section , Latin American Bar Activities Section) ; MICHIGAN ASSOCIATION FOR J USTICE; D ETROIT METROPOLITAN BAR

ASSOCIATION ; O AKLAND COUNTY B AR ASSN ; MACOMB COUNTY BAR

ASSN; AMERICAN B AR ASSN (Past Member) ; AMERICAN ASSOCIATION

FOR JUSTICE (Past Member; Birth Trauma Litigation Group, Past Member) ; ARAB-AMERICAN B AR ASSN.

• WAYNE COUNTY 3rd JUDICIAL CIRCUIT COURT CASE EVALUATOR (Med-Mal Pane[)

• MACOMB C OUNTY 16th J UDICIAL CIRCUIT COURT CASE EVALUATOR

• MICHIGAN ASSOCIATION FOR JUSTICE (formerly MTLA), Executive Board (Past Member)

• 2004 U.S. Presidential Election , Election Protection Attorney, Michigan Democratic Party Challenger, Districts 21and25, Precincts 33 , 41 , and 48.

• 2008 U.S. Presidential Election, Election Protection Attorney, Michigan Democratic Party Challenger, Legal Observer/Monitor District 15, Precincts 44, 45, and 46.

• Panelist/Guest Host, "The Legal Huddle," nationally syndicated weekly radio program, "i.e. America Radio Network"

• Private Arbitrator

• English, Spanish, Arabic (Syrian)

• DOB : October 14, 1955, Detroit, Michigan • Residence: 1030 Bishop, Grosse Pointe Park, Michigan 48230 • Marital Status: Single; no children • Health: Excellent • Life Member, Christ Church, Detroit (Episcopal) • Community Service: Gleaner's Food Bank, Christ Church Homeless Shelter,

Meals-On-Wheels, Soup Kitchen Brigade-Spirit of Hope • TOUGH MUDDER Competition (Wounded Warrior Project), Michigan 2013 • 2007 Grosse Pointe Hunt Club Tennis, I sT Place Men's Doubles League • 2006 Grosse Pointe Hunt Club Tennis, I sT Place Men's Doubles League • 2006 Grosse Pointe Hunt Club Tennis, Winner, Men 's Doubles Club

6 I

CV - AUG 2014

Championship Tournament (''B" Flight) • 2005 Grosse Pointe Hunt Club Tennis, 211

d Place Men ' s Doubles League • 2004 SE MICH Flight Winner, USA League Tennis • 1971, 1973 - LLANGOLLEN INTERNATIONAL MUSICAL EISTEDDFOD (Eisteddfod

Gerddorol Ryngwladol Llangollen), Llangollen, North Wales (Gogledd Cymru) , United Kingdom, Denby High School Choir (Detroit)

• 1968 - NATIONAL TEACHERS GUILD MUSIC COMPETITIONS, Chicago, IL -Ensembles - 1 sT Place

• 1969 - MICHIGAN TEACHERS GUILD MUSIC COMPETITIONS, Battle Creek, Ml -Ensembles - Solo Division - 2°d Place

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DIB AND F AGAN, P.C. Attorneys at Law

25892 WOODWARD AVENUE ROYAL OAK, MICHIGAN • 48067-0910

~ ~

Jennifer L. McManus

Ms. JULIE BOVENSCHEN

Deputy Court Administrator MACOMB COUNTY CIRCUIT COURT MACOMB COlJNTY COURT BUILDING 40 N. MAIN STREET MT. CLEMENS, MI 48043

(248) 542-6300 Fax: (248) 542-6301

email address: adib@dibandfagan.com

FEBRUARY 9, 2015

RE: Case Evaluation Application of Albert J Dib

Dear Ms. Bovenschen,

This is in reply to your letter dated January 27, 2015, regarding my application to be an ADR provider under MCR 2.404. The following will establish that I have had an active practice in Macomb County pursuant to MCR 2.404(B)(2)(b ).

I was sworn into the Bar in Macomb County on June 2, 1981 , and have been an active member of the Macomb County Bar Association since that time. My practice is primarily in the area of medical malpractice (see attached CV). I hold the record for the largest medical malpractice verdict in Macomb County history ($2,000,000.00 Jury Verdict, February 03 , 2003, TONOWSKI vs ST. JOSEPH MERCY HOSPITAL, Case No: 01-1350-NH, Hon. Donald G. Miller) . I also advertise in Macomb Bar Briefs (the official publication of the Macomb County Bar Association) as a medical malpractice specialist available for consultation in Macomb County (the only place I advertise; see attached).

I have regularly served as a Plaintiffs case evaluator (mediator) in Macomb County for many, many years. In 2014, I was court-appointed as a Settlement Mediator in the Macomb County Circuit Court.

The following is a partial list of cases I am currently handling in Macomb County Circuit Court that are still pending:

.,_BRINDLEY vs LORMAX STERN DEVELOPMENT COMPANY, LLC, CASE NO: 14-737

-NO, HON . JENNIFER FAUNCE (premises liability case)

.,_ISHAK vs DURFEE AND MICHIGAN MILLERS MUTUAL INSURANCE COMPANY, CASE No: 14- 000271-NI, HON . JOHN C. FOSTER (auto accident case) NE.:

\"\~c~t '\

Page

.... KELLEY vs STATE FARM , CASE NO. 15-322-NF, HON. RICHARD CARETTI (No­Fault benefits)

.... PHJLLIPS vs HENRY FORD MACOMB HOSPITAL, et al., CASE No: 14-1325-NH, HENRY FORD MACOMB HOSPITAL (medical malpractice case)

.... BOCCHIERI vs BEECHWOOD MANOR, INC., NO. 14-1063 NO, HON . RICHARD L. CARETTI (premises liability case)

... MITCH vsBORTOLOTTI, NEW HAVEN DENTAL, et al., CASE No: 14-2333-NM, HON. JAMES M. MACERONI (dental malpractice case)

... RASKA vs DR. ELI EDWARD SHAPIRO, et al. , No. 14-000131 NH, HON. EDWARD A. SERVITTO (medical malpractice case-recently settled)

The following are some of the cases I have handled in Macomb County in the recent past:

.... GHALEB VS KOTHA, ST. JOHN HEALTH, et al. , CASE No: 11-3149-NH, HON. JOHN C. FOSTER (wrongful death/medical malpractice case)

.... GREKOWICZ VS IACOBELLI, et al. , CASE No: 09-1604-NI, HON. MATTHEW SWITALSKI (wrongful death/auto accident case)

.... GREKOWICZ VS FAROOKI, ST. JOHN HOSPITAL, et al., CASE No.: 2012-001913-NH, CASE No.: 2012-001913-NH, HON. JOHN C. FOSTER (wrongful death/medical malpractice case)

.... SCALICI VS OSKA, ASSOCIATES IN FAMILY PRACTICE, et al. , CASE No.: 10-1934-NH, HON. JOHN C. FOSTER (wrongful death/medical malpractice case)

.... GEOWIZZARD, INC. vs DISPOSAL MANAGEMENT, L.L.C., ET AL., CASE NO: 12-2171-GC (401

h DISTRICT COURT-ST. CLAIR SHORES) (property damage case)

.... BERCKLEY vs IMPERIAL LANES, INC., CASE No: 05-4746-NO, HON. PETER J. MACERONI (premises liability case)

.... CAPLING vs STATE FARM, CASE No. 2011-0216-NF, HON. RICHARD L. CARETTI (No-Fault benefits case)

.... CAPLING vs ST. FARM, CASE No. 04-2700 CK, CASE No. 04-2700 CK, HON. RICHARD CARETTI (No-Fault benefits case)

.... CAPLING VS ST. FARM, CASE No. 02-4162 CK, HON. RICHARD CARETTI (No-Fault benefits case)

.... CAPLING vs BEVIS, CASE No: 02-3899 NI, HONORABLE RICHARD CARETTI (auto accident case)

21 Page

..... BROCK VS MAZEY, MOUNT CLEMENS GENERAL HOSPITAL, et al. , C ASE No: 05-

1248-NH, HON. DONALD G. MILLER (medical malpractice case)

..... DAV IS vs WORTHY-SABBATH, ST. JOHN MACOMB-OAKLAND HOSPITAL, C ASE No:

11-3043-NH, HON. JAMES M. BIERNAT, JR. (wrongful death/medical malpractice case)

..... DRAWZ VS MACOMB GYNECOLOGIC ASSOCIATES, et al., CASE No: 07-0314-NH,

HON. DAVID F. VIVIANO (medical malpractice case)

..... HOWARAH vs WJDE OPEN WEST, CASE No. Sl01686T-GC, 41-A DISTRICT

COURT FOR THE COUNTY OF MACOMB, HON. MICHAEL S . MACERONJ (property damage case)

.... RAU VS MIESEL, CASE No: 11-0215-NI, HON. EDWARD A. SERVITTO (auto accident case)

.... RAYMER vs K IM, SAINT JOSEPH MERCY HEALTH, CASE No: 09-0409-NH, HON.

MATTHEWS . SWITALSKI (medical malpractice case)

~ RAYMER vs DENMAN, CASE No: 11-0311-NI, HON. MATTHEW SWITALSKI (auto accident case)

I respectfully request that you please consider my application to be placed on the list of plaintiff personal injury and medical malpractice case evaluators.

sW)J)spectn'~ ,; ALBERT J. D IB SJ)--/ '-""

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EDUCATION:

CURRICULUM VITJE ALBERT J. DIB, ESQ.

Attorney and Counselor at Law DIB AND FAGAN BUILDING

25892 Woodward A venue Royal Oak, Michigan 48067-0910

(248) 542-6300; Fax: (248) 542-6301 Mobile: (248) 672-9854 adib@dibandfagan.com www.dibandfagan.com

• 1973, Diploma, Denby High School, Detroit Public Schools • 1977, Bachelor of Arts (Philosophy), University of Michigan - Dearborn • 1980, University of Exeter, England (Summer Program of Study - College of

William & Marv. Marshall-Wvthe School of Law)

•Litigation and Advocacy Skills •Civil Procedure •Evidence

A CAD EM IC APPOINTMENTS/TEACHING EXPERIENCE:

•WAYNE STATE UNIVERSITY LAW SCHOOL, Adjunct Professor of Law Courses taught: Health Law (LEX 7356); Pretrial Advocacy (LEX 7666)

• UNIVERSITY OF DETROIT MERCY SCHOOL OF LA w, Adjunct Professor of Law Courses taught: Medical Malpractice (LAW-339- 75); Pre-trial Litigation Skills (LAW-238-75)

• CENTRAL MICHIGAN UNIVERSITY, Instructor Course taught: Legal Aspects of Health Service Organizations (HES 571)

• 33rd ANNUAL NATIONAL TRIAL COMPETITION (NTC), (sponsored by Texas Young Lawyers Association, American College of Trial Lawyers), Regional Competition, Cincinnati, OH, Faculty Advisor, WAYNE STATE UNIVERSITY LAW SCHOOL Team, 2008

• WAYNE STATE UNIVERSITY LAW SCHOOL, Faculty Advisor, Mock Trial Program (Formerly STAP), 2007

• WAYNE STATE UNIVERSITY LAW SCHOOL (Judge - Arthur Neef Moot and Court Competition; STAP Mock Court Competition); UNIVERSITY OF DETROIT

MERCY SCHOOL OF LAW (Judge - State of Michigan, Gallagher Moot Court, New York City Bar Assn National Competitions); MICHIGAN STATE

UNIVERSITY COLLEGE OF LAW (formerly Detroit College of Law, Judge -Finals, Moot Court Competition); MICHIGAN STATE UNIVERSITY, Mock Trial Invitational , Judge

• INSTITUTE OF CONTINUING LEGAL EDUCATION (ICLE) - Invited Lecturer (Deposition Conduct and Objections)

• MICHIGAN ASSOCIATION FOR JUSTICE (formerly MTLA) - Invited Lecturer (Malpractice Tort Reform; Supreme Court Pilot Program, 651

h Annual Meeting, 2010)

• AMERICAN ASSOCIATION FOR JUSTICE & MICHIGAN ASSOCIATION FOR

JUSTICE (formerly ATLA & MTLA), at UNIVERSITY OF DETROIT-MERCY

SCHOOL OF LA w (Trial Advocacy Workshop instructor)

2 I Page

SELECTED PUBLICA TIONSIPRESENTA TIONS:

• w A YNE STATE UNIVERSITY LA w SCHOOL, Gold Sponsor, Justice Marilyn Kelly Public Interest Endowed Scholarship

• WAYNE ST A TE UNIVERSITY LAW SCHOOL, Treasure of Detroit Sponsor, 2014

• WAYNE STATE UNIVERSITY LAW SCHOOL, Donor Representative of The John Cabaniss Endowed Scholarship Fund, 2007 Honors Convocation

• WAYNE STATE UNIVERSITY LAW SCHOOL, Silver Sponsor, 2014 WAYNE LAW

GOLF OUTING, supporting the w A YNE LA w ENDOWED SCHOLARSHIP

• STATE BAR OF MICHIGAN - Litigation Section, Winter 2013 Publication,

Author, "Can a Plaintiff estate maintain an action for a decedent's loss of earning capacity?"

• FEDERAL BAR ASSOCIATION'S NEW LAWYER SEMINAR-2013, 2014-

SPEAKER: "Establishing a Personal Injury Practice"

• MAJ - NEW LA WYERS SEMINAR-2013- SPEAKER: "Expert Depositions"

• WAYNE STATE UNIVERSITY LAW SCHOOL, Donor, The Damon J Keith Center for Civil Rights

• WAYNE STATE UNIVERSITY LAW SCHOOL, Donor, The Campaign for the 21st Century

• WAYNE STATE UNIVERSITY LAW SCHOOL AND DAMON J. KEITH LAW

COLLECTION, Patron Sponsor, 49th Anniversary BROWN VS BD EDUC()

• WAYNE STATE UNIVERSITY, Donor: The Lmv School Fund, The Law School General Scholarship Fund, The Law School Minority Students Scholarship Fund, WDET Public Radio

• MAJ-MED MAL SEMINAR-2010-SPEAKER: "Michigan Supreme Court Jury Reform Pilot Program"

• THE WAYNE LAW REVIEW, WAYNE STATE UNIVERSITY LAW SCHOOL: Author,

ANNUAL SURVEY OF MICHJGAN LAW, "Medical Malpractice," Vol. 53, No. l, Spring 2007

• WAYNE JOURNAL OF LAW IN SOCIETY, WAYN E STATE UNIVERSITY LAW

SCHOOL: HEALTH LAW SYMPOSIUM , March 22, 2007, Moderator, "Lawsuits in the ER: Legislative Changes in Medical Malpractice"

• AMERICAN ASSOCIATION OF LAW LIBRARIES, Michigan Chapter: ANNUAL

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SPRING MEETING, May I 0, 2007, Featured Speaker, "The Intersection of Medical and Legal Issues"

• WAYNE STATE UNIVERSITY LAW SCHOOL: TRIAL ADVOCACY WORKSHOP, September 29, 2007, WSU Mock Trial Program (Formerly ST AP), "Closing Arguments"

• INSTITUTE OF CONTINUING LEGAL EDUCATION (ICLE): 261h ANNUAL

EMPLOYMENT LAW CONFERENCE, Featured Speaker and Contributing Author, "Ethical Conduct and Effective Lawyering, Plaintiff's Perspective"

• Keynote Speaker, JENNlFER COLEMAN HESSON JUDICIAL INVESTITURE, State of Michigan - 33rd Judicial District Court, 2010

• Numerous appellate briefs filed in U.S. Sixth Circuit Court of Appeals, Michigan Supreme Court, Michigan Court of Appeals

PROFESSIONAL AWARDS, HONORS, DISTINCTIONS:

• THE BEST LA WYERS IN AMERICA® (Medical Malpractice Law - Plaintiffs)

• Top Lawyers in Metro Detroit, DETROIT BUSINESS (Detroit's Premier Business Journal- HOUR MEDIA)

• MICHIGAN SUPER LAWYERS®

• ADJUNCT LAW FACULTY A WARD, 2006-2007, UNIVERSITY OF DETROIT MERCY SCHOOL OF LAW

• U.S. NEWS & WORLD REPORT - BEST LA WYERS® "Best Law Firms" (first­tier)

• MASTER LAWYERS SECTION, Member, State Bar of Michigan

•DEAN'S COUNCIL, WAYNE STATE UNIVERSITY LAW SCHOOL, 2008 - present

• AV@ MARTINDALE-HUBBELL® PREEMINENT PEER REVIEW RATINGTM (Highest Peer Review Rating for Ethical Standards and Legal Ability)

• $2,000,000 Jury Verdict, February 03, 2003, TONOWSKI vs ST. JOSEPH MEHCY

HOSPITAL (failure to properly treat inlracerebral hemorrhage), J 61h Judicial

Circuit Court , Macomb Co., Ml, Case No. 01-1350-NH (Largest Medical Malpractice Verdict in Macomb County, Ml)

• $1,420,000.00 Jury Verdict, February 01, 2010, EST. OF WOODARD, dec'd vs DR.

DHANA SllRESTllA (failure to properly treat pituitary apoplexy) , l 8111 Judicial

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Circuit Court, Bay Co., Ml, Case No. 06-31-1.:/ NH-C (Largest Medical Malpractice Verdict in Bay Counly, Ml)

• WAYNE STATE UNIVERSITY LAW ALUMNI ASSOCIATION, President, 2003-2004; Vice-President , 2002-2003; Treasurer, 2001-2002; Board of Visitors Liaison, 2004-2006

• WAYNE STATE UNIVERSITY LAW SCHOOL, Member, Board of Visitors , 2004-present

• WAYNE STATE UNIVERSITY ALUMNI ASSOCIATION, Member, Board of Directors, 2003-2004

• THE ANTHONY WAYNE SOCIETY, WAYNE STATE UNIVERSITY, Detroit

• Who's Who in American Law

PROFESSIONAL ACTIVITIES, ASSOCIATIONS AND SOCIETIES:

• UNIVERSITY OF MICHIGAN-D EARBORN, College of Arts, Sciences, and Letters Alumni Affiliate Scholarship Sponsor, November, 2014

• WAYNE STATE UNIVERSITY LAW SCHOOL, IL Orientation- Alumni Roundtable Discussion, 2014

• MICHIGAN ASSOCIATION FOR JUSTICE EXECUTIVE BOARD, 2014-2015, Member

• UNIVERSITY OF MICHIGAN-DEARBORN, Alumni Mentor Program, 2014

• COURT-APPOINTED SETTLEMENT MEDIATOR-Macomb County Circuit Court, 2014

• WAYNE STATE UNIVERSITY LAW SCHOOL, ·'Wayne Warriors,'' TOUGH

MUDDER COMPETITION, Wounded Warrior Project, 2013

• UN IVERSITY OF MICH IGAN-DEARBORN, Opportunity Scholarship Event, 2013

• WAYNE STATE UNIVERSITY LAW SCHOOL, Law Firm Host, new law students, 2013

• STATE BAR OF MICHIGAN LITIGATION SECTION GOVERNING COUNCIL,

Member, 2009 - 2015 This section provides education, information and analysis about issues of concern through meetings, seminars, publications, website, and public service programs.

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LANGUAGES:

• STATE BAR OF MICHIGAN DISTRICT I CHARACTER AND FITNESS COMMITTEE,

Member, 2007 This committee plays a vital role in determining the suitability of applicants for admission to practice law in Michigan, and is responsible for making reports and recommendations addressing whether applicants possess good moral character and fitness to practice law.

• STATE BAR OF MICHIGAN GRIEVANCE COMMITTEE, Member, 2003-2006 This committee makes recommendations concerning the rules and operation of the Attorney Discipline Board, the Attorney Grievance Commission, and the Judicial Tenure Commission.

• MICHIGAN ASSOCIATION FOR JUSTICE, LAW SCHOOL LIAISON/FOUNDATION

COMMITTEE, Member, 2008-2010

• Member: STATE BAR OF MICHIGAN (Master Lawyers Section, Litigation Section, Negligence Law Section, Latin American Bar Activities Section); MICHIGAN ASSOCIATION FOR JUSTICE; DETROIT METROPOLITAN BAR

ASSOCIATION; OAKLAND COUNTY BAR ASSN; MACOMB COUNTY BAR

ASSN; AMERICAN BAR ASSN (Past Member); AMERICAN ASSOCIATION

FOR JUSTICE (Past Member; Birth Trauma Litigation Group, Past Member); ARAB-AMERICAN BAR ASSN.

• WAYNE COUNTY 3rd JUDICIAL CIRCUIT COURT CASE EVALUATOR (Med-Ma/ Panel)

• MACOMB COUNTY 161h JUDICIAL CIRCUIT COURT CASE EVALUATOR

• MICHIGAN ASSOCIATION FOR JUSTICE (formerly MTLA), Executive Board (Past Member)

• 2004 U.S. Presidential Election, Election Protection Attorney, Michigan Democratic Party Challenger, Districts 21 and 25, Precincts 33, 41 , and 48.

•2008 U.S. Presidential Election , Election Protection Attorney, Michigan Democratic Party Challenger, Legal Observer/Monitor District 15, Precincts 44, 45, and 46.

• Panelist/Guest Host, '·The Legal Huddle ," nationally syndicated weekly radio program, "i.e. America Radio Network"

• Private Arbitrator

• English, Spanish, Arabic (Syrian)

6 I P age

PERSONAL:

CV-NOV2014

• DOB: October 14, 1955, Detroit, Michigan • Residence: 1030 Bishop, Grosse Pointe Park, Michigan 48230 • Marital Status: Single; no children • Health: Excellent • Life Member, Christ Church, Detroit (Episcopal) • Community Service: Gleaner's Food Bank, Christ Church Homeless Shelter,

Meals-On-Wheels, Soup Kitchen Brigade-Spirit of Hope • TOUGH MUDDER Competition (Wounded Warrior Project), Michigan 2013 • 2007 Grosse Pointe Hunt Club Tennis, I sT Place Men's Doubles League • 2006 Grosse Pointe Hunt Club Tennis, I sT Place Men's Doubles League • 2006 Grosse Pointe Hunt Club Tennis, Winner, Men's Doubles Club

Championship Tournament ("B" Flight) • 2005 Grosse Pointe Hunt Club Tennis, 2nd Place Men's Doubles League • 2004 SE MICH Flight Winner, USA League Tennis • 1971, 1973 - LLANGOLLEN INTERNATIONAL MUSICAL EISTEDDFOD (Eisteddfod

Gerddorol Ryngwladol Llangollen), Llangollen, North Wales (Gogledd Cymru), United Kingdom, Denby High School Choir (Detroit)

• 1968 - NATIONAL TEACHERS GUILD MUSIC COMPETITIONS, Chicago, 1L -Ensembles - I ST Place

• 1969 - MICHIGAN TEACHERS GUILD MUSIC COMPETITIONS, Battle Creek, MI -Ensembles - Solo Division - 2nd Place

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ADR Retired Macomb County Circuit Judge Available for Mediation, Facilitation or

Arbitration

134 Market St. Mt. Clemens, Ml 48043

P: (586) 770-4713

Hon. James M. F: (568) 461-5377 JamesMBiernat@gmail.com Biernat

FORENSIC POLYGRAPH EXAMINATIONS

J. P. Carey Consulting, Inc. CRIMINAL SUSPECT TESTI NG • C IVIL STATEMENT VERIFICATION

FAMILY LAW & INSURANCE ISSUES RELATED TO DIVORCE. CUSTODY. ARBITRATION

J. Paul Carey Certified Forensic Polygraph Examiner

Retired Detective/Polygraph Examiner, Sterling Heights Police Department Member:

American Polygraph Association Michigan Association of Polygraph Examiners

Sterritt Office Plaza, 45100 Sterritt, Suite 102, Utica, MI 48317

(Northwest of M-59 & M-53) ( 586) 323-9620

MEDICAL MALPRACTICE CATASTROPHIC INJURIES

BIRTH TRAUMA• WRONGFUL DEATH

"Results Matter" ALBERT J. 018, ESQ.

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