Court Of Appeals Affirms No-Fault Attorney Fees Award And Rejects Insurer’s After-The-Fact Defense
An insurer was not entitled to a new trial based on unpreserved references to a third party’s drunkenness because the verdict was supported by the evidence and any prejudice was cured by jury instructions. The trial court also properly awarded no-fault attorney fees under MCL 500.3148(1), as the insurer’s prior acknowledgment of the injury made its denial unreasonable, and a later record review could not create factual uncertainty retroactively.
Case Remanded Second Time For Required Spousal Support Findings
The trial court in this divorce action failed – for the second time – to make the required findings on certain spousal support factors.
Trial Court Did Not Determine ‘Reasonableness’ Of Requested Attorney Fees
An attorney fee award in this divorce action must be vacated, the Michigan Court of Appeals has ruled, because the trial court did not make a finding as to whether the requested fee was reasonable.
Reasonable Attorney Fees Shall be Awarded Pursuant to MCL 15.240(6)
Reasonable attorney fees shall be awarded where a party substantially prevails in obtaining everything that was initially sought in a FOIA action, and pro bono representation is not a factor.
Trial Court Must Explain Why Appellate Attorney’s Fees Are Unreasonable
A trial court abused its discretion when it held that a court-appointed lawyer’s appellate fees were excessive and unreasonable, the Michigan Court of Appeals has ruled.
Trial Court Must Give Reason For Awarding Only Portion Of Requested Attorney Fees
A trial court abused its discretion by not articulating a reason for awarding only a portion of the attorney fees that appointed appellate counsel had requested.
Trial Court Erred By Making Appointed Attorney Fees Contingent on Appeal Outcome
The Court of Appeals reversed a trial court decision denying reasonable attorney fees because his application for leave to appeal was denied “for lack of merit in the grounds presented.”
Trustee’s Negligence Does Not Change the Necessary Nature of Legal Assistance in Estate Administration
The COA upheld a probate court’s order that approved as reasonable and necessary legal fees billed by a law firm that had been retained by a former trustee, even though the fees were partly due to the trustee's negligence.