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Family Law Appeals
Civil Appeals
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Court of Appeals Holds Judicial Estoppel Applies to Daughter's Claim of Ownership, Not to Claim of Unjust Enrichment or Quantum Meruit
Speaker Law Firm 6/10/25 Speaker Law Firm 6/10/25

Court of Appeals Holds Judicial Estoppel Applies to Daughter's Claim of Ownership, Not to Claim of Unjust Enrichment or Quantum Meruit

Judicial estoppel barred Plaintiff-Appellant's claims that depended on an ownership interest in the property, as she had previously denied such an interest in her bankruptcy petition. However, judicial estoppel did not preclude her claim for unjust enrichment or quantum meruit.

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MSC Will Not Hear Frozen Embryo Case, Justice Urges Legislature To Take Action
Speaker Law Firm 5/21/25 Speaker Law Firm 5/21/25

MSC Will Not Hear Frozen Embryo Case, Justice Urges Legislature To Take Action

The Michigan Supreme Court will not decide a dispute over a divorced couple’s cryogenically frozen embryo, saying it was “not persuaded” the justices should review the issues presented.

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Divorce Judgment Challenge Properly Dismissed For Lack Of Jurisdiction
Speaker Law Firm 11/6/24 Speaker Law Firm 11/6/24

Divorce Judgment Challenge Properly Dismissed For Lack Of Jurisdiction

In this suit contesting the validity of a divorce judgment, the trial court correctly held that it did not have subject-matter jurisdiction and, as a result, properly granted the defendant’s motion for summary disposition, the Michigan Court of Appeals has ruled.

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Court Rejects Mom’s ‘Less Restrictive Means’ Argument In Custody Appeal
Speaker Law Firm 5/15/24 Speaker Law Firm 5/15/24

Court Rejects Mom’s ‘Less Restrictive Means’ Argument In Custody Appeal

Trial court properly denied the plaintiff-mother’s objections to the FOC referee’s recommendation that sole legal and physical custody be awarded to the defendant-father.

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MSC Denies Appeal In Termination Of Parental Rights Case
Speaker Law Firm 1/31/24 Speaker Law Firm 1/31/24

MSC Denies Appeal In Termination Of Parental Rights Case

The Michigan Supreme Court will not hear the appeal in a termination of parental rights case.

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After Divorce, Ex-Husband Gets Frozen Embryo
Speaker Law Firm 1/17/24 Speaker Law Firm 1/17/24

After Divorce, Ex-Husband Gets Frozen Embryo

The trial court properly awarded the divorced parties’ one remaining frozen embryo to the ex-husband, a split Michigan Court of Appeals has ruled.

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Trial Court Did Not Determine ‘Reasonableness’ Of Requested Attorney Fees
Speaker Law Firm 8/9/23 Speaker Law Firm 8/9/23

Trial Court Did Not Determine ‘Reasonableness’ Of Requested Attorney Fees

An attorney fee award in this divorce action must be vacated, the Michigan Court of Appeals has ruled, because the trial court did not make a finding as to whether the requested fee was reasonable.

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The Trial Court Properly Declined to Authorize DHHS’s Petition to Terminate Parental Rights
Speaker Law Firm 5/22/23 Speaker Law Firm 5/22/23

The Trial Court Properly Declined to Authorize DHHS’s Petition to Terminate Parental Rights

DHHS’s petition to terminate parental rights was declined because the petition did not establish probable cause that the father posed a substantial risk of harm to the children’s mental well-being.

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Adult Sibling May File Child-Protective Petition Against Parents
Speaker Law Firm 6/8/22 Speaker Law Firm 6/8/22

Adult Sibling May File Child-Protective Petition Against Parents

An adult sibling has standing to initiate child-protective proceedings against his parents over the care of his minor sister.

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COA Adopts ‘Blended’ Approach In Frozen Embryo Cases
Speaker Law Firm 4/13/22 Speaker Law Firm 4/13/22

COA Adopts ‘Blended’ Approach In Frozen Embryo Cases

In this divorce case, the COA adopted a new legal framework that “blends” the “contractual approach” and the “balancing approach” to determine the disposition of a frozen embryo.

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MSC Asks: Was Expert Mistakenly Required In Reasonable Accommodation Case?
Speaker Law Firm 3/9/22 Speaker Law Firm 3/9/22

MSC Asks: Was Expert Mistakenly Required In Reasonable Accommodation Case?

The Michigan Supreme Court is currently considering a case involving the denial of a residential tenant’s request for a “reasonable accommodation”.

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PPO Request Wrongly Denied Based On Res Judicata
Speaker Law Firm 4/7/21 Speaker Law Firm 4/7/21

PPO Request Wrongly Denied Based On Res Judicata

A trial court erred by denying the petitioner’s request for a personal protection order (PPO) based on the prior denial of a similar PPO request by the petitioner.

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Law Firm Is Jointly & Severally Liable For Attorney Fee Sanctions
Speaker Law Firm 12/16/20 Speaker Law Firm 12/16/20

Law Firm Is Jointly & Severally Liable For Attorney Fee Sanctions

The trial court also held the defendant’s former legal counsel, the law firm of Neda, Camaj & Fakhouri, PC, jointly and severally liable for the fees. The law firm appealed the ruling.

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Attorney Was In Criminal Contempt For Taping Proceedings Without Judge’s OK
Speaker Law Firm 11/4/20 Speaker Law Firm 11/4/20

Attorney Was In Criminal Contempt For Taping Proceedings Without Judge’s OK

A Bingham Farms attorney was properly held in criminal contempt for taping trial court proceedings without first obtaining the judge’s permission.

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Trial Court Must Give Reason For Awarding Only Portion Of Requested Attorney Fees
Speaker Law Firm 1/15/20 Speaker Law Firm 1/15/20

Trial Court Must Give Reason For Awarding Only Portion Of Requested Attorney Fees

A trial court abused its discretion by not articulating a reason for awarding only a portion of the attorney fees that appointed appellate counsel had requested.

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Defendant Was Confused About Plea Deal, Motion To Withdraw Improperly Denied
Speaker Law Firm 6/5/19 Speaker Law Firm 6/5/19

Defendant Was Confused About Plea Deal, Motion To Withdraw Improperly Denied

The Court of Appeals explained it is “axiomatic” that there be an “actual agreement on the essential features of the plea” for a plea agreement to be valid.

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