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Posted: Feb 12, 2019, 2:20 PM
A trial court wrongly dismissed this auto negligence action, the Michigan Court of Appeals has ruled, because there was a genuine issue of material fact about whether the 3-year-old boy’s fractured clavicle affected his “ability to lead his normal life” under the threshold injury standard set forth in McCormick v Carrier, 487 Mich 180 (2010).
Posted: Feb 7, 2019, 2:50 PM
A guardianship and conservatorship petition filed by the adult children of a protected individual should not have been disqualified based on sheer speculation that they were “too young” and might be “pushed, and prodded, and pulled” by other family members, the Michigan Court of Appeals has ruled.
Posted: Jan 30, 2019, 2:20 PM
The evidence in a custody action demonstrated that a change in circumstances had occurred and, therefore, the trial court wrongly denied a mother’s motion to modify a custody order, the Michigan Court of Appeals has ruled, instructing the trial court to analyze the best interest factors on remand.
Posted: Jan 23, 2019, 10:50 AM
Attorneys who are retained to provide expert witness testimony are not automatically shielded by the witness immunity doctrine and can be sued for professional malpractice, the Michigan Court of Appeals has ruled for the first time.
Posted: Jan 18, 2019, 1:05 PM
Even though a temporary detention order did not include a “contrary to the welfare” finding, as required by law, this did not preclude the plaintiff’s eligibility for Title IV-E foster-care funding because the temporary detention order was not an order removing the plaintiff from his home and “into foster care,” the Michigan Court of Appeals has unanimously ruled.
Posted: Jan 15, 2019, 10:50 AM
The No-Fault Act’s one-year-back rule, MCL 500.3145, bars a medical provider’s efforts to collect on a patient-insured’s “balance bill” when the action to collect the balance is untimely filed – or, as in this case, not filed at all, the Michigan Court of Appeals has ruled.
Posted: Dec 26, 2018, 2:15 PM
A criminal defendant’s failure to satisfy the plain-error test regarding a trial court’s alleged error does not, by itself, prohibit the defendant from bringing an ineffective assistance of counsel claim related to that same error, according to the Michigan Supreme Court.
Posted: Dec 19, 2018, 2:40 PM
Earnings from the defendant-husband’s medical marijuana grow operation were correctly included in the parties’ marital estate during their divorce proceedings, the Michigan Court of Appeals has ruled.
Posted: Dec 13, 2018, 9:25 AM
A plea agreement reached by a former Michigan senator was contrary to public policy because it prohibited the senator from seeking public office during his five-year probationary period, according to the Michigan Supreme Court.
Posted: Dec 5, 2018, 3:00 PM
A Michigan lawyer was not automatically prohibited by the attorney ethics rules from being named as a beneficiary in a will and trust that he prepared for his client, who was also a good friend, according to the Michigan Supreme Court.
Posted: Nov 28, 2018, 11:45 AM
A father remained responsible for more than $40,000 in unpaid child support from a 1992 paternity case because the 10-year statute of limitations for enforcing child-support orders was tolled by the trial court’s continuing jurisdiction, the Michigan Court of Appeals has ruled.
Posted: Nov 20, 2018, 2:40 PM
The plaintiffs who prevailed in a Whistleblowers’ Protection Act (WPA) lawsuit could recover post-judgment attorney fees under MCL 15.364, the Michigan Court of Appeals has ruled in a published opinion.
Posted: Nov 14, 2018, 3:00 PM
The owners of three dogs killed by Detroit police during a marijuana raid can sue the officers who shot the dogs for civil rights violations under 42 USC §1983, the 6th U.S. Circuit Court of Appeals has ruled.
Posted: Nov 7, 2018, 10:35 AM
A former Michigan lawmaker charged with perjury is not entitled to legislative immunity or evidentiary privilege under the Michigan Constitution, the Michigan Court of Appeals has ruled.
In People v Courser (Docket No. 341817), former state Representative Todd Courser was charged with perjury. The charges stemmed from testimony Courser gave to a House Select Committee that was examining allegations that he had committed misconduct in office.
Posted: Oct 24, 2018, 12:15 PM
The State of Michigan can earmark public funds for private and parochial schools pursuant to MCL 388.1752b for the “actual costs incurred in complying with state health, safety, and welfare laws,” the Michigan Court of Appeals has ruled in a 2-1 decision.
Posted: Oct 17, 2018, 2:20 PM
The Michigan Supreme Court recently adopted the constitutional standard for reviewing an indigent defendant’s request for state funds to hire an expert witness, tossing out the decades-old practice of reviewing such requests under state law – specifically, MCL 775.15.
Posted: Oct 10, 2018, 2:10 PM
An attorney who performed work on a personal injury lawsuit, but then left the law firm before a settlement was reached in the case, was not entitled to an equitable lien on the proceeds of the settlement, the Michigan Court of Appeals has ruled.
Posted: Oct 3, 2018, 1:25 PM
A woman who fell and injured herself while washing her vehicle at a self-serve car wash is entitled to no-fault personal injury protection (PIP) benefits, the Michigan Court of Appeals has ruled in a 2-1 published decision.
Posted: Sep 26, 2018, 2:25 PM
Michigan is on the cutting edge when it comes to probate law, recently becoming the first state in the nation to recognize a note left on a cell phone as a valid “digital will.”
In a published decision, In re Estate of Horton (Docket No. 339737), the Michigan Court of Appeals ruled the decedent’s testamentary wishes, which were digitally stored on his cell phone, satisfied the requirements for a valid will under the Estates and Protected Individuals Code (EPIC).
Posted: Sep 20, 2018, 1:45 PM
An Ecuadorian mother’s taking of her minor child from Michigan to Ecuador in 2009 without notifying the father, in violation of the parties’ divorce judgment, did not preclude the possibility that the child had become a “habitual resident” of Ecuador for purposes of a Hague Convention challenge to the father’s 2016 failure to return the child to Ecuador after she visited him in Michigan, the 6th U.S. Circuit Court of Appeals has ruled.
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