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.
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.
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.
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.
Trial Court Failed To Consider Divorcing Parties’ Valid Prenup Before Dividing Their Property
The trial court in this divorce case erroneously disregarded the parties’ valid and enforceable prenuptial agreement before dividing their marital property due to perceived inequities, the Michigan Court of Appeals has ruled.
Court Of Appeals Finds Trial Court Lacked Jurisdiction Over Father In Termination Proceeding
Because the trial court was not permitted to exercise jurisdiction over respondent-father due to his status as a putative father at the time the petition was filed, it was barred from determining that it was in the best interests of CSA to terminate respondent-father’s parental rights.
Purported ‘Clarification’ Of Divorce Judgment Vacated Because Trial Court ‘Changed’ Its Prior Ruling
The Michigan Court of Appeals has ruled the Oakland County trial court improperly granted an ex-husband’s motion to “clarify” the parties’ judgment of divorce because, in doing so, the trial court actually modified the judgment, thereby affecting the parties’ substantive rights.
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.
Court Of Appeals Reverses Order Terminating Father’s Parental Rights After DHHS Failed To Implement Case Service Plan
The Court of Appeals reversed the trial court's order terminating Respondent's parental rights to minor child GM. The Court reasoned that Petitioner, Department of Health and Human Services (DHHS), failed to create and implement a case service plan for Respondent as required by MCL 712A.18f.
Appeals Court: ‘Address’ In Open Meetings Act Means Both Oral And Written Communications
The right to “address” a public body under the Open Meetings Act can be satisfied through both oral and written submissions, the Michigan Court of Appeals has ruled.