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.
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.