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Michigan Court of Appeals Rejects Anticipatory Neglect as a Basis for Terminating Parental Rights

The Court of Appeals reversed the trial court order terminating parental rights that was based primarily on the doctrine of anticipatory neglect because the evidence did not demonstrate that the child at issue was subject to the same risk of harm as the other child who had been abused by the parent 8 years prior and under very different circumstances.

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Healthcare Providers Cannot Circumvent Eligibility Requirements Of No-Fault Act By Invoking Their Direct Cause Of Action Under MCL 500.3112

A healthcare provider that treats an injured person for an accidental bodily injury is not entitled to recover no-fault personal protection insurance (PIP) benefits under MCL 500.3112 when the injured person is an "owner" of an uninsured motor vehicle under MCL 500.3101(3)(l)(i) and therefore ineligible to receive PIP benefits under MCL 500.3113(b).

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Claims Under Michigan’s Persons with Disabilities Civil Rights Act Under the Court of Claims Act Are Subject to Six-Month Notice Provision Applicable Personal Injury Claims

A claim under the Persons with Disabilities Civil Rights Act (PWDCRA) constitutes a "claim for personal injuries" under MCL 600.6431(4) of the Court of Claims Act (COCA), triggering a six-month notice requirement rather than the one-year general notice requirement of MCL 600.6431(1).

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Michigan Court of Appeals Clarifies Trial Court Discretion to Empanel a Jury After Jury Trial Waiver

The trial court erred when making its decision upon a mistaken belief that, under the undisputed factual circumstances, it lacked discretion to empanel a jury. The Court of Appeals reversed and remanded their decision for proceedings consistent with their opinion that a trial court retains discretion to empanel a jury even when parties fail to properly preserve their constitutional right to a jury trial.

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Court of Appeals Holds That Filing a Trust Dispute as a Civil Action Does Not Create a Jurisdictional Defect

This appeal arose from a probate dispute among siblings over administration of a family trust, filed as a civil action rather than as a probate proceeding initiated by petition. The COA held that this filing error was procedural, not jurisdictional, and did not deprive the probate court of subject-matter jurisdiction or deny the defendant-trustee due process.

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Michigan Court of Appeals Holds Short-Term Rental Guests Are Considered Invitees in Condominium Common Areas

In this premises liability action arising from a slip-and-fall on ice in a condominium parking lot, the Court of Appeals held, as a matter of first impression, that a short-term rental (Airbnb) guest of a condominium unit owner is an invitee—not a licensee—of the condominium association while using common elements that the association maintains.

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COA Dismisses Father’s Contempt Appeal, Affirms Custody & Parenting-Time Orders

In this case involving custody, parenting time and civil contempt, the Michigan Court of Appeals ruled that it did not have jurisdiction over the father’s appeal from his civil contempt proceedings, and also held the trial court properly denied the father’s motion to reinstate joint legal custody and modify parenting time.

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