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Family Law Appeals
Civil Appeals
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Jordan Ahlers-Smith
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Elizabeth Parker
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Family Law Appeals
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‘Domicile Provision’ Invalid, Best Interests Of Children Must Be Considered
Speaker Law Firm 8/28/24 Speaker Law Firm 8/28/24

‘Domicile Provision’ Invalid, Best Interests Of Children Must Be Considered

The Michigan COA ruled, in this custody case, the trial court correctly invalidated the "domicile provision" in the parties' consent judgment of divorce and found that the best interests of the children must be considered before letting the defendant move out-of-state.

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Justices Order Appointment Of Appellate Counsel In Termination Case
Speaker Law Firm 5/8/24 Speaker Law Firm 5/8/24

Justices Order Appointment Of Appellate Counsel In Termination Case

The MI Supreme Court has ordered the Ingham County Circuit Court to appoint appellate counsel for the respondents in a termination of parental rights case.

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Appeals Court: Ingham County Violated Michigan Takings Clause
Speaker Law Firm 3/13/24 Speaker Law Firm 3/13/24

Appeals Court: Ingham County Violated Michigan Takings Clause

Summary disposition wrongly granted to defendants, Ingham County and its treasurer, on the claim that an unconstitutional taking of property occurred.

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Father’s Supervised Parenting Time Improperly Suspended
Speaker Law Firm 3/6/24 Speaker Law Firm 3/6/24

Father’s Supervised Parenting Time Improperly Suspended

The trial court erroneously suspended the plaintiff-father’s supervised parenting time, the Michigan Court of Appeals has ruled.

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MSC Orders Trial Court To Review Jurisdiction In Out-Of-State Support Case
Speaker Law Firm 7/19/23 Speaker Law Firm 7/19/23

MSC Orders Trial Court To Review Jurisdiction In Out-Of-State Support Case

The MI Supreme Court has vacated certain parts of a 2021 COA decision affirming a trial court’s finding that it did not have personal jurisdiction over the defendant-father in a child support case.

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Prosecutor’s Misstatement Did Not Deny Parents A Fair Adjudication Trial
Speaker Law Firm 10/12/22 Speaker Law Firm 10/12/22

Prosecutor’s Misstatement Did Not Deny Parents A Fair Adjudication Trial

The respondents in this termination of parental rights case were not denied a fair trial or effective assistance of counsel, the Michigan Court of Appeals has ruled.

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Appeals Court: 2019 No-Fault Insurance Changes Do Not Apply Retroactively
Speaker Law Firm 9/7/22 Speaker Law Firm 9/7/22

Appeals Court: 2019 No-Fault Insurance Changes Do Not Apply Retroactively

The changes to MI’s no-fault law limiting the payment of PIP benefits do not apply to car crash victims who were injured before the 2019 changes went into effect.

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Trial Court Wrongly Denied Petitioner’s Registry Removal Request
Speaker Law Firm 7/7/21 Speaker Law Firm 7/7/21

Trial Court Wrongly Denied Petitioner’s Registry Removal Request

The petitioner’s name should be expunged from the Michigan Child Abuse Neglect Central Registry because the trial court erred in applying MCL 24.287.

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Aunt Remains Juvenile Guardian Although Required Review Hearing Not Held
Speaker Law Firm 12/30/20 Speaker Law Firm 12/30/20

Aunt Remains Juvenile Guardian Although Required Review Hearing Not Held

The trial court did not abuse its discretion by appointing the paternal aunt as the juvenile guardian of the respondent-father’s children.

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Trial Court Violated Father’s Fifth Amendment Right By Condition Reunification On His Child Abuse Admission
Speaker Law Firm 11/20/19 Speaker Law Firm 11/20/19

Trial Court Violated Father’s Fifth Amendment Right By Condition Reunification On His Child Abuse Admission

The father in Blakeman was being kept out of his home and away from his four children pursuant to an Ingham County trial court order, which was contrary to the recommendations of CPS.

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Job Offer Properly Withdrawn After Candidate Tested Positive For THC
Speaker Law Firm 7/10/19 Speaker Law Firm 7/10/19

Job Offer Properly Withdrawn After Candidate Tested Positive For THC

A company properly withdrew its offer of employment to a job candidate who tested positive for tetrahydrocannabinol (THC) during a pre-employment drug screening.

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Trial Court Did Not Address Relative Placement: Termination of Parental Rights Vacated
Speaker Law Firm 3/27/19 Speaker Law Firm 3/27/19

Trial Court Did Not Address Relative Placement: Termination of Parental Rights Vacated

The termination of the mother’s rights under a best interests analysis must be vacated because the trial court did not address the child’s placement with a relative.

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“Material” Change In Circumstances Warranted A Best Interests Hearing
Speaker Law Firm 1/30/19 Speaker Law Firm 1/30/19

“Material” Change In Circumstances Warranted A Best Interests Hearing

he 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.

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Attorneys Who Provided Expert Witness Services Can Be Sued For Legal Malpractice
Speaker Law Firm 1/23/19 Speaker Law Firm 1/23/19

Attorneys Who Provided Expert Witness Services Can Be Sued For Legal Malpractice

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.

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No-Fault’s One-Year-Back Rule Applies To Medical Provider’s “Balance Bills”
Speaker Law Firm 1/9/19 Speaker Law Firm 1/9/19

No-Fault’s One-Year-Back Rule Applies To Medical Provider’s “Balance Bills”

The No-Fault Act’s one-year-back rule, 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.

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Michigan Supreme Court Tosses Out Election-Law Forgery Conviction
Speaker Law Firm 9/12/18 Speaker Law Firm 9/12/18

Michigan Supreme Court Tosses Out Election-Law Forgery Conviction

MCL 168.937, which is part of the state’s Election Law, is a penalty provision that does not create a substantive offense, the Michigan Supreme Court has ruled in a unanimous decision.

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