Insufficient Evidence Of Fraud: Auto Insurer Not Entitled To Rescind Policy
An auto insurance company could not rescind an insured’s policy ab initio (“from the beginning”) because there was not enough evidence the insured made fraudulent statements during the application process, the Michigan Court of Appeals has ruled.
Self-Represented Party’s Legal-Malpractice Lawsuit Dismissed For Being Untimely Filed
The trial court properly dismissed the plaintiff’s legal-malpractice claim against the defendants because she did not file her complaint within the applicable two-year statute of limitations, the Michigan Court of Appeals has ruled.
Judge’s In Camera Interview With Child Deprived Mother Of Due Process
The trial court in this child protective proceeding improperly conducted an in camera interview with one of the respondent-mother’s children, and this error deprived her of due process, the Michigan Court of Appeals has ruled.
Party Must Post Security Bond Before Filing Motions & Pleadings In Divorce Proceedings
The trial court in this “contentious” divorce case properly required the ex-husband to post a security bond each time he filed a motion or pleading, the Michigan Court of Appeals has ruled, due to his “repeated” filing of “meritless” pleadings that violated the court rules.
MSC Vacates Termination Of Dad’s Parental Rights, Directs Appeals Court To Reconsider Arguments
The Michigan Supreme Court has vacated a Court of Appeals decision that affirmed the termination of a father’s parental rights, sending the case back to the appeals court for reconsideration after the father files a supplemental brief.
Court Of Appeals Affirms Insurer’s Priority In DART Bus Injury Case Under No-Fault Act Exception
MCL 500.3114(2)(c) prioritizes vehicles “operated in the business of transporting passengers” and contains a related carveout for “a bus operating under a government sponsored transportation program.” In this case, the Court of Appeals ruled that this subsection applies in this case, and it affirms the trial court’s grant of summary disposition in favor of the defendant.
Court Of Appeals Reverses Trial Court’s Denial Of Summary Disposition in Detroit Bus Collision Case
The Court of Appeals emphasized an important corollary; a trial court is obligated to grant summary disposition when there is no genuine issue of material facts. In this case, there is no such issue, given the amount of photographic and video footage of the incident, no reasonable juror could find that the bus driver was more at fault than the plaintiff.
Trial Court Must Address Whether Oral Postnuptial Agreement Existed
The trial court in this divorce action erroneously granted the plaintiff’s motion for summary disposition because there was a genuine issue whether oral postnuptial agreements existed, the Michigan Court of Appeals has ruled.
Court Of Appeals Reverses Trial Court’s Denial Of Grandparenting Time Due To Statutory Right to Present Evidence
The Court of Appeals reversed the Trial Court’s denial of grandparenting time because, under Michigan’s grandparenting time statute, MCL 722.27b, the opportunity to be heard includes at a minimum the right to testify.
Court of Appeals Clarifies Limits of Public Employment Contracts and Retaliation Claims Under the Whistleblower Protection Act
The Court of Appeals affirmed the Trial Court’s grant of summary disposition for Plaintiff’s breach of contract and public policy-based retaliation claims.
Court Of Appeals Affirms Receiver’s Power To Reject Leases And Strike Cross-Default Clauses Under The Michigan Receivership Act; Reverses And Remands “Stalking Horse Bidder” Issue
The Court of Appeals affirmed the Trial Court’s decision to allow the receiver to reject a lease because the plain language of the Michigan Receiver Act allows a receiver to do so. The COA also affirmed the Trial Court’s decision to strike cross-default language from the contracts with Skymint.
MSC: No Compensable ‘Taking’ When Real Property Fails To Sell At Public Auction
There is no “taking” under the Michigan Constitution’s Takings Clause if the foreclosing governmental unit attempts to sell the foreclosed-upon property at a public auction but the property does not sell, the Michigan Supreme Court has unanimously decided.
MSC: Republican Party Can Pursue Election Inspector Claims Against City Of Flint
The Michigan Republican Party and the Republican National Committee have standing to sue City of Flint officials for not appointing enough inspectors during the 2022 election, the Michigan Supreme Court has ruled.
Split Court Of Appeals 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: 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.