DID GERALD MARCINKOSKI LIE TO THE COURT ON BEHALF OF WAL-MART?

 - YOU BE THE JUDGE - 

March 11, 2009 - Gerald Marcinkoski is a member of the Michigan Board of Law Examiners, who is charged with the duty of evaluating some attorney licensing applicants' "good moral character" to practice law.  StateBarWatch has learned that Marcinkoski, while acting as an attorney in private practice, was accused of lying to the Court on behalf of his client, Wal-Mart, in Reiniche v. Wal-Mart, Michigan Court of Appeals No. 233066.  

On March 12, 2001, Marcinkoski filed an application for leave to appeal in the Michigan Court of Appeals on Wal-Mart's behalf.  The opposing counsel, who represented Sharon Reiniche, reported in his response brief that Marcinkoski misrepresented the Workers' Compensation Appellate Commission's decision by omitting specified language that the Commission had used in formulating its opinion.  The opposing counsel alleged that Marcinkoski did so in order to "deceitfully" get the Court of Appeals to grant leave in the case.  On page 14 of his brief, he reported to the Court:

As pointed out in plaintiff-appellee's answer to Application for Leave to Appeal, Wal-Mart lied to the Court.  The undersigned attorney having served as a law clerk for a Michigan Supreme Court justice over a quarter of a century ago is appalled at the depth in which Wal-Mart has sunk.  A sore loser before the Court is one thing.  A lying loser before the Court is quite another.  Wal-Mart's application should be pitched.  Whatever else the Court wishes to do is left up to the Court.

Click here to read the entire brief. 

Marcinkoski's application for leave to appeal was "pitched" by the Court of Appeals, but unfortunately, it was dismissed on jurisdictional grounds because Marcinkoski had tried to appeal a non-final order.  Therefore, a panel of the Michigan Court of Appeals was never assigned to review the troubling allegations against Marcinkoski, and no decision was ever rendered by the Court on the charges set forth above.

Click here to see the docket entries in the case.

Click here to see Marcinkoski's brief on behalf of Wal-Mart.

If you know of any similar information about Gerald Marcinkoski, please contact StateBarWatch.