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.
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.
Court of Appeals Affirms Appointment of Independent Guardian Over Patient Advocate Due to Failure to Act in Ward’s Best Interests
The Court of Appeals affirmed the trial court’s opinion and order, finding no abuse of discretion.
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.
On Remand From MSC, Appeals Court Vacates Erroneous Child Domicile Analysis
The Michigan Court of Appeals, in a custody case on remand from the Michigan Supreme Court, has ruled that a portion of its original opinion “erroneously instructed the trial court to apply MCL 722.31 to determine the child’s domicile.”
Unauthorized Practice Of Law Triggers Dismissal Of Plaintiffs’ Legal Malpractice Claim
The trial court properly dismissed the plaintiffs’ legal malpractice claim against the defendant and his law firm because one of the plaintiffs repeatedly engaged in the unauthorized practice of law, the Michigan Court of Appeals has ruled.
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.
Evidentiary Hearing Should’ve Been Held In Custody Modification Case
The trial court in this custody matter improperly refused to hold an evidentiary hearing on the plaintiff-mother’s request to modify custody and parenting time, the Michigan Court of Appeals has ruled.
Probate Court Properly Exercised Jurisdiction In Mental Health Code Case
The probate court in this Mental Health Code case properly ordered the respondent to undergo a combined program of hospitalization and outpatient services, the Michigan Court of Appeals has ruled, finding that the probate court had subject-matter jurisdiction over the matter.