phone icon email icon
(517) 482-8933

Speaker Law
Blog

#
Posted: May 15, 2019, 10:50 AM
The fact that a “Solely for the Benefit” (SBO) trust (1) includes former assets of a spouse who is now institutionalized and (2) allows the trustee to make payments to the non-institutionalized spouse does not automatically make the SBO trust assets countable for purposes of determining the institutionalized spouse’s Medicaid eligibility, the Michigan Supreme Court has ruled.
Read More
#
Posted: May 8, 2019, 2:10 PM
Unless the Probate Court finds that an elderly woman’s son cannot provide for her care, custody and control, the son should be appointed her permanent guardian – especially since the woman had clearly expressed a desire that her son be her guardian, according to the Michigan Court of Appeals.
Read More
#
Posted: May 1, 2019, 10:35 AM
Thirty-seven years after parties were divorced, Oakland Circuit Court Judge Valentine issued a post-judgment order requiring the defendant to pay $2,500 in monthly spousal support to the plaintiff.
Read More
#
Posted: Apr 24, 2019, 9:15 AM
In this custody/change of domicile appeal, the trial court committed “clear legal error” by considering whether the children’s mother would be able to maintain her existing parenting-time schedule if the children moved with their father to Indiana, the Michigan Court of Appeals has ruled.
Read More
#
Posted: Apr 17, 2019, 2:45 PM
In this action involving a mother’s motion to relocate the parties’ child to Sault Ste. Marie, the trial court erred by failing to properly address whether an established custodial environment existed and, if it did, whether the relocation would alter that environment, the Michigan Court of Appeals has ruled.
Read More
#
Posted: Apr 10, 2019, 2:00 PM
A trial court correctly rejected a mother’s motion to change the domicile of the parties’ minor child to Pakistan because Pakistan is not a party to the Hague Convention on the Civil Aspects of International Child Abduction, the Michigan Court of Appeals has ruled.
Read More
#
Posted: Apr 8, 2019, 1:00 PM
In Sherbow v. Fieger (Docket No. 338997), a complicated legal representation situation arose following an unfortunate car accident in Ohio in July 2012. Charles Rice did not survive the accident, and three of the passengers—Mervie Rice, Dorothy Dixon, and Philip Hill—were seriously injured.
Read More
#
Posted: Apr 3, 2019, 9:10 AM
When issuing its custody order, the trial court improperly refused to consider new evidence about the minor child’s speech development and, as a result, the custody order must be vacated and the case remanded for a de novo hearing, the Michigan Court of Appeals has ruled.
Read More
#
Posted: Mar 27, 2019, 2:50 PM
Although a trial court properly terminated the parental rights of a mother and a father under MCL 712A.19b(3)(c)(i) and (g), the termination of the mother’s rights under a best interests analysis must be vacated because the trial court did not address the child’s placement with a relative, the Michigan Court of Appeals recently ruled.
Read More
#
Posted: Mar 25, 2019, 10:40 AM
In People v. Mullins, the Court of Appeals held that while the defendant was neither a mandatory reporter of child abuse nor did she actually make the report of child abuse herself, she was still criminally liable for the false report. People v Mullins, 322 Mich App 151 (2017).
Read More
#
Posted: Mar 20, 2019, 1:30 PM
A trial court properly dismissed defamation and tortious interference claims brought by an attorney who had represented indigent mothers in Genesee County child-protective proceedings, the Michigan Court of Appeals has ruled.
Read More
#
Posted: Mar 13, 2019, 10:55 AM
The Michigan Supreme Court has vacated a Court of Appeals decision that terminated an unknown biological father’s parental rights, instructing the appellate court to remand the case to the trial court for further determinations.
Read More
#
Posted: Mar 11, 2019, 1:05 PM
Writing for a unanimous court, Justice Ruth Bader Ginsburg of the United States Supreme Court ruled that the 8th Amendment’s protection from excessive fines is incorporated under the Due Process Clause of the 14th Amendment and thus applies to state and local actors. Timbs v. Indiana, 586 U.S. ___ (2019).
Read More
#
Posted: Mar 6, 2019, 12:25 PM
A trial court erred by exercising jurisdiction over a juvenile under MCL 712A.2(b) and, therefore, the order terminating the respondent-father’s parental rights to the child had to be vacated, the Michigan Court of Appeals has ruled.
Read More
#
Posted: Feb 27, 2019, 1:45 PM
In this case involving no-fault insurance benefits, the Michigan Court of Appeals held that the stipulated order from which the plaintiff appealed did not qualify as a “final order” and, therefore, the Court did not have jurisdiction over the matter.
Read More
#
Posted: Feb 25, 2019, 11:15 AM
Under the precedent set in Spohn v Van Dyke Public Schools 296 Mich App 470 (2012), the Michigan Court of Appeals has ruled that because of a failure to disclose a possible personal injury claim in a pending bankruptcy action, the Wayne County Circuit Court should have granted the defendants’ motion for summary disposition. McDonald v. Yeldon, Unp. Per Curiam Op. of COA issued 01/03/2019 (Docket No. 339309).
Read More
#
Posted: Feb 20, 2019, 9:00 AM
An affidavit of merit submitted by a board-certified cardiologist satisfied the medical-malpractice expert witness requirements in MCL 600.2912d and MCL 600.2169, even though the doctor’s specialty was not interventional cardiology, the Michigan Court of Appeals has ruled.
Read More
#
Posted: Feb 12, 2019, 2:20 PM
A trial court wrongly dismissed this auto negligence action, the Michigan Court of Appeals has ruled, because there was a genuine issue of material fact about whether the 3-year-old boy’s fractured clavicle affected his “ability to lead his normal life” under the threshold injury standard set forth in McCormick v Carrier, 487 Mich 180 (2010).
Read More
#
Posted: Feb 7, 2019, 2:50 PM
A guardianship and conservatorship petition filed by the adult children of a protected individual should not have been disqualified based on sheer speculation that they were “too young” and might be “pushed, and prodded, and pulled” by other family members, the Michigan Court of Appeals has ruled.
Read More
#
Posted: Jan 30, 2019, 2:20 PM
The evidence in a custody action demonstrated that a change in circumstances had occurred and, therefore, the trial court wrongly denied a mother’s motion to modify a custody order, the Michigan Court of Appeals has ruled, instructing the trial court to analyze the best interest factors on remand.
Read More

Subscribe to our blog

* indicates required

Archived
Posts

Tags