Court of Appeals Clarifies Scope of Witness Disclosure Under MCL 691.1404(1)
Under MCL 691.1404(1), a claimant must specify the names of witnesses known to the claimant at the time the notice is given. The statute does not require a claimant to identify, describe or refer to a witness whose name the Plaintiff does not know.
Appeals Court Reaffirms That Passage Of Time Does Not Automatically Defeat Excited-Utterance Exception
The statements made by a mother who brought her child’s “lifeless body” into the hospital were admissible under the excited-utterance exception to the hearsay rule, even though three days had passed since the child was abused and assaulted by the mother’s boyfriend, the Michigan Court of Appeals has ruled.
Appeals Court Upholds Stalking PPO In Neighbor Dispute
The trial court in this action involving a neighbor dispute properly issued a personal protection order (PPO) because sufficient evidence of stalking under MCL 750.411h was presented, the Michigan Court of Appeals has ruled.
No ‘Extraordinary Circumstances’ Existed To Set Aside Parties’ Agreement To Share Children’s Healthcare Costs
The trial court in this post-judgment divorce case wrongly set aside the parties’ agreement to share the healthcare expenses of their adult children because no “extraordinary circumstances” existed to invalidate the agreement, the Michigan Court of Appeals had ruled.
Michigan Court of Appeals Reinforces Service Requirements Under MCL 712A.13
The Court of Appeals reversed the trial court order of adjudication because the Trial Court had failed to obtain personal jurisdiction over Respondent-Mother under MCL 712A.13.
Court of Appeals Holds Lease Violating Rental Ordinance Is Void Ab Initio
A residential lease entered into in violation of a local ordinance requiring a rental certificate of compliance is void ab initio, even though the ordinance itself creates no private cause of action.
Detroit Judge Not Immune From Suit For ‘Scaring’ Teen Who Fell Asleep In His Courtroom
A Detroit district court judge can be sued over actions that he took against a teenager who fell asleep during a vocational program in his courtroom, the 6th U.S. Circuit Court of Appeals has ruled.
Court of Appeals Clarifies MACP Eligibility for Drivers Who Opt Out of PIP Medical Coverage
The Court of Appeals held that a person injured in a motor vehicle accident while not an occupant of a motor vehicle may not claim personal protection insurance (PIP) medical benefits through the Michigan Assigned Claims Plan (MACP) if that person has a PIP policy but opted out of PIP medical coverage.
No Reunification Efforts Amidst Guardianship: Mother’s Parental Rights Wrongly Terminated
The trial court in this termination of parental rights case improperly determined that reasonable reunification efforts with the mother were not required, the Michigan Court of Appeals has ruled, vacating the order terminating parental rights.
Federal Appeals Court: No Expectation Of Privacy In Hidden Camera Storage Cards
A houseguest who secretly placed recording devices in the host’s home did not have a reasonable expectation of privacy in the storage cards that the devices contained, the 11th U.S. Circuit Court of Appeals has ruled.
Michigan Court of Appeals Clarifies When a Vehicle Is “Taken Unlawfully” Under MCL 500.3113(a)
When a vehicle’s owner neither expressly permitted nor expressly prohibited the claimant from taking the vehicle, whether the vehicle was “taken unlawfully” under MCL 500.3113(a) depends on whether the driver took it with the owner’s implied permission. That determination turns on all the facts and circumstances surrounding the taking, as well as the driver’s previous use of the vehicle.
Wrong Standard Applied In ‘Dangerous’ Dog Case: Euthanasia Order Vacated
In this case involving the ordered euthanasia of an alleged “dangerous” dog, the trial court’s decision was erroneous because it failed to properly apply an “objective reasonable-person standard,” the Michigan Court of Appeals has ruled in a published and binding opinion.
MSC Majority Overrules Two Decisions, Lets Consumer Protection Suit Against Insulin Manufacturer Proceed
When determining whether a Michigan Consumer Protection Act claim falls under the exemption in MCL 445.904(1)(a), courts “should consider whether the specific transaction or conduct at issue, rather than the general transaction, is authorized by law.”
DHHS Made No Efforts Toward Reunification: Termination Of Incarcerated Dad’s Parental Rights Vacated
The Michigan Court of Appeals has vacated a trial court’s order terminating the parental rights of an incarcerated father, finding that the Michigan Department of Health and Human Services made no reasonable efforts toward reunification.
Mother Who Pleaded No Contest Did Not Waive Her Right To Challenge DHHS Reunification Efforts
A mother who pleaded no contest in a termination of parental rights case did not waive or abandon her ability to challenge whether the Department of Health and Human Services made reasonable reunification efforts, the Michigan Supreme Court has ruled.
MSC: Police ‘Impermissibly’ Kept Questioning Defendant After Right To Counsel Was Invoked
The trial court properly granted a criminal defendant’s motion to suppress statements he made to police after he invoked his right to counsel, the Michigan Supreme Court has ruled.
MSC: Motion To Amend Witness List Controlled By MCR 2.401, Dean Factors “Could Be” Relevant
The Michigan Court of Appeals incorrectly held that a trial court had to consider the factors in Dean v Tucker when assessing a party’s motion to amend its witness list, the Michigan Supreme Court has ruled in a unanimous decision.
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.