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Posted: Feb 27, 2008, 9:30 AM
Four female employees sued Anheuser-Busch arising from sexual harassment claims against a male employee (Robinson) occurring over Robinson’s ten-year span of employment. Each time, the employer investigated the claims internally by interviewing the women and Robinson. After the first reported incident Anheuser tried to fire Robinson but was unable to due to union opposition under the collective bargaining agreement. The investigations never resulted in punishment until Robinson was finally terminated in 2003. The District Court granted summary judgment in Hawkins v Anheuser-Busch, holding that none of the women provided sufficient evidence to establish that the alleged harassment was sufficiently severe or pervasive to create a hostile work environment and that no reasonable juror could conclude the employer knew or should have known of the male employee's harassment or that the employer failed to take prompt action.
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Posted: Feb 20, 2008, 2:30 PM
What was this defendant thinking?
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Posted: Feb 13, 2008, 11:10 AM
The Michigan Supreme Court has re-confirmed "equitable tolling" for delayed applications for leave to appeal in the Court of Appeals in Beavers v Barton Malow (on Remand) (Docket 269007). In that case, the appellant's case had been previously dismissed for failure to timely file appellant's brief and the court reporter certificate. The appellant filed an application for leave to the Supreme Court, which was denied.
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Posted: Jan 25, 2008, 5:10 PM
In Surman v. Surman, the trial court allowed a 12-year-old boy to testify in open court during a custody trial regarding what type of abuse had occurred between the child and his father.
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Posted: Jan 9, 2008, 12:15 PM
On January 8, 2008, the Court of Appeals issued a published opinion analyzing Section 287.351 of the dog bite statute in Koivisto v Davis.
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Posted: Dec 28, 2007, 5:10 PM
In lieu of granting Defendant’s application for leave in a case involving the murder of a four-year old child, the MSC issued a memorandum opinion in People v Michael William Stamper, on December 27, 2007.
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Posted: Nov 18, 2007, 2:00 PM
In a case of first impression that has brought Michigan national attention, the Court of Appeals affirmed Ingham County Circuit Court's (Judge Collette) decision that rendered Michigan's new election law unconstitutional. The State of Michigan brought Grebner v State of Michigan as an emergency appeal and the Court issued its opinion on November 16, 2007 (Judges Meter and Owen in the majority, Judge Whitbeck dissenting).
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Posted: Nov 7, 2007, 9:50 AM
The Court of Appeals recently decided that a man could bring a hostile work environment claim based on the conduct of another male co-worker in Robinson v Ford Motor Co (published on 10/30/07). In Robinson, a co-worker/defendant at Ford Motor Company described his conduct as sexual horseplay by a heterosexual male. This “sexual horseplay” included slapping plaintiff on his buttocks, pinching his nipples, exposing his testicles to another co-worker while grasping plaintiff’s hand and attempting to make plaintiff touch them. You'll have to read the opinion for more of the salacious details.
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Posted: Nov 6, 2007, 11:00 AM
On August 9, 2007, the Michigan Court of Appeals released an unpublished opinion reversing an order terminating parental rights.
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Posted: Oct 18, 2007, 9:00 AM
In Brinkley v Brinkley, the Court of Appeals rejected appellants' argument that MCL 722.27b(5) unconstitutionally violates grandparents; due process and equal protection rights. The statutory provision grants deference to the decisions of the biological parents by providing that a grandparents' complaint or motion seeking visitation must be dismissed where two fit parents sign an affidavit opposing visitation.
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Posted: Oct 11, 2007, 10:00 AM
In People v McNeil, an unpublished per curiam opinion of the Michigan Court of Appeals, decided October 4, 2007, the Court of Appeals found that the trial court had abused its discretion by granting the defendant a downward departure from the sentencing guidelines for reasons that were not substantially compelling.
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Posted: Sep 20, 2007, 5:00 PM
On September 11, 2007, the Court of Appeals issued a published decision regarding attorney contempt and sanctions in DeGeorge v Warheit.
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Posted: Aug 17, 2007, 6:00 PM
In Michigan, it is well-known that termination of parental rights cases are very rarely reversed on appeal.
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Posted: Jul 27, 2007, 4:00 PM
In a travesty of justice, the Michigan Supreme Court ruled on July 25 that the discovery rule is no longer applicable to wrongful death actions--even if it was impossible to bring the suit within three years of the death.
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Posted: Jul 20, 2007, 1:30 PM
On July 18, 2007, the Michigan Supreme Court issued its Opinion in Bloomfield Estates Improvement Association, Inc v City of Birmingham, holding a dog park to be a violation of a deed covenant restricting land use to solely residential purposes. Further, the Court held that Plaintiffs could enforce the covenant against the city even where they had watched without objection as the land had been used as a park for the past seventy years because a dog park is a "more serious violation" of the restriction.
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Posted: Jun 30, 2007, 5:10 PM
The Michigan Supreme Court reversed the Court of Appeals' award of attorneys fees to the in pro per attorney under the Open Meetings Act in Omdahl v. West Iron Board of Education.
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Posted: Jun 7, 2007, 6:30 PM
The Court of Appeals held that the statute permitting a petition for grand parenting time is constitutional in Keenan v. Dawson.
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Posted: May 24, 2007, 10:15 AM
Although the Michigan Supreme Court rarely addresses the offer of judgment rule
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Posted: May 2, 2007, 9:50 AM
The Michigan Supreme Court issued a long-awaited decision in Apsey v. Memorial Hospital yesterday.
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Posted: Apr 24, 2007, 6:45 PM
The Sixth Circuit affirmed a trial court's motion to suppress evidence in United States v. Cohen.
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