phone icon email icon
(517) 482-8933

Speaker Law
Blog

#
Posted: Apr 16, 2018, 3:10 PM
An employer should not have denied an employee’s request to telecommute during the final 10 weeks of her pregnancy because the request was a “reasonable accommodation” under the Americans with Disabilities Act (ADA), the 6th U.S. Circuit Court of Appeals has ruled.
Read More
#
Posted: Apr 3, 2018, 9:49 PM
A recent Georgia Court of Appeals decision resolves a two-year-long jurisdictional dispute between spouses regarding whether, under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), their custody case should proceed in Michigan or Georgia.
Read More
#
Posted: Mar 26, 2018, 9:47 PM
Discrimination based on a person’s transgender status is discrimination based on sex and is prohibited under Title VII of the Civil Rights Act of 1964, the 6th U.S. Circuit Court of Appeals has ruled.
Read More
#
Posted: Mar 21, 2018, 5:39 PM
It was unconstitutional to retroactively apply Michigan’s Sex Offender Registration Act (SORA) to a defendant who, at age 19, had pleaded guilty to a sex offense under a state diversionary statute, the Michigan Supreme Court has ruled.
Read More
#
Posted: Mar 14, 2018, 5:58 PM
The three-year time limit for filing a paternity challenge under the Revocation of Paternity Act (RPA) does not apply when the presumed father raises the issue in a divorce action, the Michigan Court of Appeals has ruled.
Read More
#
Posted: Mar 9, 2018, 6:01 PM
The Texas Court of Appeals in El Paso issued an astounding but much deserved opinion in a criminal case, Morris v Texas,_ SW3d _(Feb. 28, 2018). In that case, a criminal defendant had been convicted of soliciting the sexual performance of a child. Apparently before the criminal trial, the trial judge had decided to make the defendant wear a stun belt. It appears that the defendant had also previously filed a lawsuit against that judge and also against his defense attorney.
Read More
#
Posted: Mar 5, 2018, 2:15 PM
A trial court erroneously used a “preponderance of the evidence” standard to determine it was in the child’s best interest to change the established custodial arrangement, the Michigan Court of Appeals has ruled in a 2-1 decision that may create more confusion as to how to apply the burden in custody cases.
Read More
#
Posted: Feb 27, 2018, 2:00 PM
Same-sex couple. Domestic partnership declared. Donor insemination contract. Two children born during the relationship. Domestic partnership terminated. Custody and parenting-time dispute.
Read More
#
Posted: Feb 23, 2018, 11:30 AM
In this termination case, In re Jones, Minors, No. 336271, the Department of Health and Human Services (DHHS) appealed the Oakland County Circuit Court’s order dismissing the petition to adjudicate and terminate the parental rights of the respondent-mother to her three minor children.
Read More
#
Posted: Feb 20, 2018, 12:30 PM
In a case out of Oakland County, Elkins v Benner, Nos 331701, 332664, 333114, the plaintiff Elkins argued the alter-ego rule to make the defendant Nancy Benner, spouse, responsible for her ex-husband/disbarred attorneys’ failure to pay the agreed upon referral fee. The defendant filed a motion for summary disposition.
Read More
#
Posted: Feb 13, 2018, 10:30 AM
The US Court of Appeals for the Sixth Circuit reversed the Middle District of Tennessee’s denial of defendant Circle C’s motion for attorney fees and sent the case back for an award of legal fees and expenses related to the trial and appeal of the government’s “excessive” damages demand. The case is United States ex rel. Wall v Circle C Construction, LLC, No. 16-6169 and is before the court for the third time.
Read More
#
Posted: Feb 7, 2018, 12:55 PM
A defendant could not claim the mediation agreement he signed during his divorce proceedings was unenforceable based on perceived procedural mistakes when it was clear that he “simply regretted making the agreement,” the Michigan Court of Appeals has ruled.
Read More
#
Posted: Jan 30, 2018, 10:30 AM
In the case of In re Conservatorship of Rhea Brody, No. 332994, the Michigan Court of Appeals (MCOA), affirmed the lower court’s appointment of a conservator over Rita Brody, an adult, under the Estates and Protected Individuals Code (EPIC) MCL 700.5101 et seq.
Read More
#
Posted: Jan 24, 2018, 10:30 AM
The case of Ray v Swager, No: 322766, came to the Michigan Court of Appeals (MCOA) on remand from the Michigan Supreme Court. In the first appeal to the MCOA, Eric Swager appealed the trial court’s denial of his motion for summary disposition. The MCOA reversed the trial court’s decision and remanded for entry of summary disposition in Swager’s favor based on the conclusion that reasonable minds could not conclude that Swager was “the proximate cause” of plaintiff Ray’s injuries.
Read More
#
Posted: Jan 18, 2018, 11:00 AM
Kevin Clark and Erica Kosinski had a child together. Their tumultuous relationship ended in a child custody dispute. During that time, Clark found listening devices and GPS tracking devices concealed in the child’s clothing during his parenting time.
Read More
#
Posted: Jan 15, 2018, 12:00 PM
In In re Miller Minors, newborn twins were born at the hospital, where the mother surrendered them. As permitted by the statute, the mother (Surrendering Parent) did not identify the father. Pursuant to the statute, the hospital social worker attempted to learn as much as she could about both the surrendering parent and non-surrendering parent-again where the surrendering parent is not required to give any information. The hospital contacted an adoption agency, who placed the twins with prospective adoptive parents.
Read More
#
Posted: Jan 9, 2018, 2:30 PM
A defendant must understand their plea before it can be entered in front of the court. With juveniles, MCR 3.941(C) says “the court shall tell the juvenile: the possible dispositions.” At a very basic level this means that the defendant must understand the consequences of what will come as a result of their plea.
Read More
#
Posted: Jan 4, 2018, 11:00 AM
In the case of In re Detmer/Beaudry, Minor, No.336348, the two minor children, AB and KD, and their mother are members of the Sault Ste. Marie Tribe of Chippewa Indians (the Tribe) and thus, when AB was “removed” from his mother, the special protections of the Michigan Indian Family Preservation Act (MIFPA) applied. Because the trial court didn’t comply with those protections, the Michigan Court of Appeals (MCOA) vacated the court’s order and remanded for further proceedings.
Read More
#
Posted: Jan 2, 2018, 2:30 PM
In three consolidated cases, Hegadorn v DHHS, No. 329508, the court looked at the individual funding of long-term care under Medicaid deciding that assets placed by an institutionalized individual’s spouse into a “Solely for the Benefit of” Trust (“SBO Trust”) are countable assets for determining whether the institutionalized individual is eligible for Medicaid benefits.
Read More
#
Posted: Dec 28, 2017, 11:30 AM
In the matter of In re B. Hadd, Minor, No: 337095, 337097, the termination of parental rights of both parents by the lower court was upheld by the Michigan Court of Appeals (MCOA). The application of the MCOA order is being held in abeyance pursuant to the order of the Michigan Supreme Court, SC: 156604 because the Court believes the decision in the case of In re Hill, Minors (No.155152) presently before it may resolve a similar issue raised in the Hadd application for leave to appeal.
Read More

Subscribe to our blog

* indicates required

Archived
Posts

Tags