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.
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.
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.
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.
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.
Tribal Laws Inapplicable: Mother’s Parental Rights Properly Terminated
The trial court properly terminated a mother’s parental rights where 1) the trial court correctly held the Indian Child Welfare Act and the Michigan Indian Family Preservation Act did not apply, and 2) termination was supported by the evidence and was in the child’s best interests, the Michigan Court of Appeals has ruled.
No-Fault Statute Misinterpreted: MSC Reverses Denial Of PIP Insurance Benefits
In this no-fault insurance case, the Michigan Supreme Court reversed the Court of Appeals’ denial of personal injury protection (PIP) benefits to the injured plaintiff, finding the appeals court misinterpreted the applicable no-fault statute and wrongly extended dicta from case precedent.
Court Of Appeals Vacates Termination Order Over Missing Aggravated Circumstances Finding
The Court of Appeals vacated the order terminating Respondents’ parental rights because the trial court plainly erred by excusing reasonable efforts toward reunification without a proper aggravated circumstances finding.
Jury Must Decide Comparative Fault Issue In Negligence Case Involving Teen’s Suicide
In this case involving the suicide of a teenage resident at the Calumet Center, a Michigan-licensed child-caring institution, the trial court should not have granted summary disposition for the plaintiff-parents on the issue of comparative fault because it was a factual question for the jury, the Michigan Court of Appeals has ruled.
Mother’s ‘Too Small’ Living Arrangement Is Insufficient Reason To Terminate Her Rights
The allegation that an extended-stay motel room was “too small” for the respondent-mother to live in with her child and the child’s father was insufficient grounds for terminating her parental rights, the Michigan Court of Appeals has ruled in a published opinion.
Court Of Appeals Clarifies Privity And Res Judicata In Personal Injury Case
Defendants who have different potential liabilities lack the “substantial identity of interests” as required for a finding of privity in an analysis of whether res judicata applies to a subsequent claim.
Court Of Appeals Clarifies Limits On Treble Damages And Proof Requirements In Conversion Case
The Court of Appeals affirmed the Trial Court’s award of treble damages as to the documented pecuniary losses, reversed the award of trebled investigatory expenses, vacated the awards for investigatory expenses and attorney fees, and remanded for further proceedings.
Court Of Appeals Reverses Trial Court’s Grant Of Summary Disposition After Finding Loading Exception Applies
The Court of Appeals reversed the Trial Court’s grant of summary disposition because Michigan law recognizes a critical exception for loading or uploading in its definition of parking, and thus Plaintiff’s conduct fits within that exception, and because comparative negligence is a question for the jury.
Court Of Appeals Reverses Trial Court’s Denial Of Summary Disposition in Detroit Bus Collision Case
The Court of Appeals emphasized an important corollary; a trial court is obligated to grant summary disposition when there is no genuine issue of material facts. In this case, there is no such issue, given the amount of photographic and video footage of the incident, no reasonable juror could find that the bus driver was more at fault than the plaintiff.
Court Of Appeals Vacates Trial Court Order Modifying Custody Based Solely On In Camera Interview
The Trial Court erred when it effectively changed physical custody based solely on an in camera interview with the children without making findings regarding whether the change would alter the established custodial environment and applying the appropriate burden of proof, whether modification was in the children’s best interests.
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 Bars Remand in Summary Contempt Case Due to Insufficient Record and Finality of Proceedings
The Court held that remanding for nonsummary contempt proceedings after vacating a summary conviction for insufficient findings is improper when the original contempt was appropriately handled summarily (because it occurred in the judge’s presence) however, the record was too insufficient to support a conviction and the original proceeding has long concluded.