Split Appeals Court Affirms Parental Rights Termination, Dissent Says ‘Mistake’ Was Made
The trial court in this termination of parental rights case correctly held that it was in the minor child’s best interests to terminate the respondent-father’s parental rights, the Michigan Court of Appeals has ruled in a 2-1 decision.
Michigan Supreme Court Bars Remand in Summary Contempt Case Due to Insufficient Record and Finality of Proceedings
The Court held that remanding for nonsummary contempt proceedings after vacating a summary conviction for insufficient findings is improper when the original contempt was appropriately handled summarily (because it occurred in the judge’s presence) however, the record was too insufficient to support a conviction and the original proceeding has long concluded.
Michigan Supreme Court: Online Gambling Law Doesn’t Eliminate Right To Sue
In an unanimous opinion, the Michigan Supreme Court ruled that there is no clear evidence that the Legislature intended the Lawful Internet Gaming Act (LIGA) to eliminate common-law claims such as fraud, conversion, and breach of contract arising from a gambling dispute between a patron and an online gaming licensee.
Appeals Court Rejects Broad Application Of COVID Lawsuit Regulations: Medical Negligence Claims Revived
The trial court wrongly dismissed the plaintiff’s medical malpractice and negligence claims that arose during the early days of the COVID-19 pandemic because the decedent’s injuries were not sustained “by reason of” healthcare services provided “in support of [the] state’s response to the COVID-19 pandemic,” the Michigan Court of Appeals has ruled.
Michigan Court of Appeals Clarifies: Wrongful Death Savings Statute Tolls Notice Requirement in Claims Against the State
The wrongful death savings provisions under MCL 600.5852 extends the filing timeframe and tolls the statutory notice period and therefore the Court of Claims grant of summary disposition was reversed and remanded.
Trial Court Properly Denied Ex-Wife’s Request For Medical Exam Of Ex-Husband
The trial court in this custody case did not abuse its discretion by denying the defendant’s request for a medical examination of the plaintiff, her ex-husband, the Michigan Court of Appeals has ruled.
Michigan Supreme Court Finds Plaintiff Demonstrated Genuine Issue Of Material Fact In Medical Malpractice Case; Reverses COA Judgment
The plaintiff demonstrated a genuine issue of material fact regarding the hospital's liability for medical malpractice under the theory of ostensible agency and did not need to show further reliance under the Grewe test.
Trial Court Wrongly Held That Relative Placement Is Favored Over Termination Of Parental Rights
The trial court in this termination of parental rights case applied the wrong legal framework when assessing the children’s best interests, the Michigan Court of Appeals has ruled.
Michigan Supreme Court: Plaintiffs May Cure Real Party in Interest Defects Through Amendments or Rescissions
The Michigan Supreme Court held that both C-Spine Orthopedics, PLLC, and Wallace had standing to file their respective lawsuits, but they were not the real parties in interest at the time of filing because they had assigned their claims for personal protection insurance (PIP) benefits to third parties.
COA Finds Trial Court Erred By Taking Jurisdiction Over Children And Terminating Mother's Parental Rights
Trial Court erred in terminating mother’s parental rights to her six children. The Court of Appeals reversed and remanded for further proceedings.
Michigan Supreme Court To Hear Case Involving Cap On Real Property Taxes
The Michigan Supreme Court has agreed to hear a case where the lower courts ruled that, because the installation of a replacement roof on a commercial building constituted “new construction” and an “addition,” the property’s taxable value was properly increased beyond the statutory cap.
Michigan Court of Appeals Finds Trial Court Violated Language Access Rules, Delayed Minor's Special Immigrant Juvenile Status
The trial court violated MCR 1.111(B)(1) by 1) requiring Appellant to make multiple interpreter requests and 2) not allowing the present interpreter who qualified under MCR 1.111(F)(2) to be used. Furthermore, the Court of Appeals found that the record supports that it is not in DRRR’s best interests to return to Guatemala and should instead remain in Appellant’s custody in the United States.
MSC Adopts Framework For Applying Amended Court Rules, OKs Case-Evaluation Sanctions Under Old MCR 2.403
The trial court properly awarded case-evaluation sanctions under now-eliminated Michigan Court Rule 2.403(O) because it “had discretion to apply the former court rule” under Michigan Court Rule 1.102 “and did not abuse that discretion,” the Michigan Supreme Court has held.
Court of Appeals Affirms Appointment of Independent Guardian Over Patient Advocate Due to Failure to Act in Ward’s Best Interests
The Court of Appeals affirmed the trial court’s opinion and order, finding no abuse of discretion.
Court Of Appeals Finds Potential Environmental Hazards Require Disclosure On Seller’s Disclosure Statement
Contaminated groundwater is an "environmental hazard" under the seller disclosure act, even if there is no known contamination of the soil or vapor intrusion in the home. The court reversed the trial court's decision, which had granted summary disposition in favor of the Defendant-Appellees, on the basis that there was no "environmental hazard" to disclose.
Michigan Supreme Court Finds Credibility Disputes Over Vehicle Signal Use Preclude Summary Judgment And Clarifies Spoliation Standard
Summary disposition was not warranted where there were factual disputes about whether a truck’s turn signals were operating at the time of the accident. Further, sanctions for spoliation of evidence must be supported by findings at the trial court that the evidence at issue was material and that the party had a duty to preserve the evidence before a lawsuit was filed.
Michigan Supreme Court Says Sidewalk Metal Hazard Not Subject To Governmental Immunity
The city of Detroit was not entitled to summary disposition on the basis of governmental immunity after the Court determined that a metal stub protruding out of a paved sidewalk constituted a “sidewalk defect” and created “a dangerous condition”. . The Supreme Court reversed the Court of Appeals’ decision and remanded to the trial court.
Release Signed By Volunteer Ski Patroller Not ‘Ambiguous’
The Michigan Supreme Court has reversed a ruling that allowed a negligence suit to proceed against a ski resort because, contrary to the Michigan Court of Appeals decision in the case, the release signed by the injured party was not ambiguous.