Michigan Court of Appeals Clarifies When a Vehicle Is “Taken Unlawfully” Under MCL 500.3113(a)
When a vehicle’s owner neither expressly permitted nor expressly prohibited the claimant from taking the vehicle, whether the vehicle was “taken unlawfully” under MCL 500.3113(a) depends on whether the driver took it with the owner’s implied permission. That determination turns on all the facts and circumstances surrounding the taking, as well as the driver’s previous use of the vehicle.
Wrong Standard Applied In ‘Dangerous’ Dog Case: Euthanasia Order Vacated
In this case involving the ordered euthanasia of an alleged “dangerous” dog, the trial court’s decision was erroneous because it failed to properly apply an “objective reasonable-person standard,” the Michigan Court of Appeals has ruled in a published and binding opinion.
MSC Majority Overrules Two Decisions, Lets Consumer Protection Suit Against Insulin Manufacturer Proceed
When determining whether a Michigan Consumer Protection Act claim falls under the exemption in MCL 445.904(1)(a), courts “should consider whether the specific transaction or conduct at issue, rather than the general transaction, is authorized by law.”
DHHS Made No Efforts Toward Reunification: Termination Of Incarcerated Dad’s Parental Rights Vacated
The Michigan Court of Appeals has vacated a trial court’s order terminating the parental rights of an incarcerated father, finding that the Michigan Department of Health and Human Services made no reasonable efforts toward reunification.
Mother Who Pleaded No Contest Did Not Waive Her Right To Challenge DHHS Reunification Efforts
A mother who pleaded no contest in a termination of parental rights case did not waive or abandon her ability to challenge whether the Department of Health and Human Services made reasonable reunification efforts, the Michigan Supreme Court has ruled.
MSC: Police ‘Impermissibly’ Kept Questioning Defendant After Right To Counsel Was Invoked
The trial court properly granted a criminal defendant’s motion to suppress statements he made to police after he invoked his right to counsel, the Michigan Supreme Court has ruled.
MSC: Motion To Amend Witness List Controlled By MCR 2.401, Dean Factors “Could Be” Relevant
The Michigan Court of Appeals incorrectly held that a trial court had to consider the factors in Dean v Tucker when assessing a party’s motion to amend its witness list, the Michigan Supreme Court has ruled in a unanimous decision.
Appeals Court Denies Request to Vacate Published Opinion on Domestic Relations Attorney Fee Order
A trial court’s postjudgment order awarding attorney fees under MCR 3.206 for the defendant’s alleged noncompliance with an order in her divorce case “constitutes a form of compensatory civil contempt” and “is not a final order appealable of right,” the Michigan Court of Appeals has ruled, dismissing the defendant’s appeal.
Father’s Parental Rights Properly Terminated, Step-Parent Adoption Can Proceed
The trial court in this step-parent adoption case correctly held that the statutory requirements were established for terminating the respondent-father’s parental rights, thereby allowing the petitioners’ adoption petition to proceed, the Michigan Court of Appeals has ruled.
Vodvarka Threshold Not Met: Trial Court Correctly Denied Father’s Request To Modify Custody Order
The trial court properly denied the plaintiff-father’s request for joint legal custody because his allegations did not meet the threshold requirement established by Vodvarka v Grasmeyer to allow further inquiry into whether the prior custody order should be modified.
MSC: Betts Applies Retroactively To Convicted Sex Offenders On Collateral Review
A unanimous Michigan Supreme Court has ruled in People v Shaver that its 2021 decision in People v Betts applies retroactively, thereby giving certain convicted sex offenders the opportunity to have their adjudications reviewed.
Justices Decline To Hear MSU Appeal Involving Law Professors’ Employment Contracts
The Michigan Supreme Court will not hear the case of two law professors who sued Michigan State University, claiming the school breached their employment contracts and fraudulently concealed a transfer agreement it had negotiated with the Detroit College of Law.
Court of Appeals Holds MCR 2.612 Applies in Adoption Proceedings
The Court of Appeals affirmed the Trial Court’s order, holding that MCR 2.612 applies in adoption proceedings. Further, the Trial Court properly vacated its order terminating respondent-father’s parental rights under MCR 2.612(C)(1)(a) because the court made a material mistake of fact when it entered the original termination order.
MSC Justice Explains How Trial Court “Clearly Did Not Comply” With Child Custody Act
The Michigan Supreme Court recently denied leave to appeal in a parenting-time case – with one justice issuing her own concurrence, explaining how the trial court “failed to comply” with the Child Custody Act.
Court of Appeals Sanctions Attorney for AI-Generated Fake Citations and Vexatious Appeal
An attorney who submits filings containing fabricated or unsupported legal authority—including hallucinated citations generated by artificial intelligence—violates the duty of reasonable inquiry under MCR 1.109(E)(5), and such conduct on appeal supports sanctions under MCR 7.216(C)(1).
COA Special Panel: Insurer’s Right Of Reimbursement In No-Fault Act Applies Only To Claimant, Not To Tort Recovery As Subrogee
A special panel of the Michigan Court of Appeals has ruled that § 3116 of the No-Fault Act (MCL 500.3116) applies only to a no-fault insurer’s right of reimbursement from a claimant and “does not apply to an insurer’s tort recovery, as a subrogee, against a nonmotorist tortfeasor.”
Court Of Appeals Vacates Child Removal Order Over Due Process Violations
The trial court plainly erred when it ordered respondent’s children removed from her care. Under MCR 3.974(C)(3)(a), the hearing held by the trial court was not an emergency removal hearing. Since the trial court did not follow the procedural requirements to remove the children from her care, the court violated respondent’s procedural due process rights.
Court Of Appeals Clarifies When A Stipulated Dismissal Is Appealable
The Court of Appeals dismissed the appeal for lack of jurisdiction because plaintiff stipulated to a dismissal in favor of arbitration without reserving the right to appeal prior orders and therefore, was not an aggrieved party.