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Posted: Jul 28, 2017, 9:35 AM
The Michigan Court of Appeals (MCOA) vacated and remanded the trial court’s order in Fante v Nova, Nos. 334735, 336085 saying of the changes made in this custody dispute that were not a short removal, even though classified as "temporary".
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Posted: Jul 24, 2017, 12:00 PM
Michigan Court of Appeals, in People v Killich, No. 329941, held that the Juvenile Code doesn’t allow for the imposition of a flat rate probation supervision fee, and vacated the trial court order imposing the fee and remanded for a corrected order of disposition.
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Posted: Jul 17, 2017, 5:10 PM
The term Cat’s Paw comes from an old fable in which a conniving monkey convinces a cat to reach into a fire to get roasting chestnuts. The cat is duped, burns its paw and the monkey enjoys the chestnuts with no harm. In the employment discrimination context, ‘cat’s paw’ refers to a situation in which a biased subordinate, who lacks decision making power, uses the formal decision maker as a dupe in a deliberate scheme to trigger a discriminatory employment action.” (EEOC v. BCI Coca-Cola Bottling Co. of Los Angeles,) 450 F.3d 476, 484 (10th Cir. 2006).
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Posted: Jul 12, 2017, 2:30 PM
We don’t think we are exaggerating the significance of two published opinions released by the Court of Appeals yesterday in In re MJG (Docket 332928) and In re JSP/In re BGP (Dockets 333700, 333813).
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Posted: Jul 7, 2017, 4:00 PM
This week's Michigan Lawyer's Weekly issue covered the recent Speaker Law Firm published victory in Geering v Geering.
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Posted: Jul 3, 2017, 8:45 PM
From the Michigan Lawyers Weekly July 3, 2017
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Posted: Jun 30, 2017, 12:45 PM
Happy Independence Day from Speaker Law Firm!
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Posted: Jun 27, 2017, 2:50 PM
On June 15, 2017, the Michigan Supreme Court decided Kemp v Farm Bureau General Insurance Company of Michigan (Docket No. 151719), a case concerning a plaintiff’s claim for personal injury benefits when he was injured while unloading items from his vehicle.
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Posted: Jun 22, 2017, 7:10 PM
The Supreme Court released updated court rules for probate appeals, to accommodate the major legislative changes from 2016. Effective September 27, 2016, all orders from the probate courts are appealable to the Court of Appeals. MCL 600.683.
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Posted: Jun 14, 2017, 1:40 PM
The COA issued another published opinion in a grandparenting time case. Geering v Robinson, issued June 13, 2017 (Docket 335794). In that case, the parents had divorced.
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Posted: Jun 7, 2017, 10:10 AM
In this case of consolidated appeals of denial of motions to quash their bind-overs to Eaton Circuit Court on charges of owning a dangerous animal, People v Ridge, No. 333790 and People v Olney, No. 333791, the Michigan Court of Appeals reversed and remanded for entry of an order quashing the bind-overs.
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Posted: Jun 2, 2017, 3:50 PM
In this case of consolidated appeals, People v Thomas, No. 329448 and People v Gordon, No. 329449, the Michigan Court of Appeals affirms the case against Clifford Thomas but vacates Jasmine Gordon’s conviction and remands for a new trial due to the ineffective assistance of Gordon’s counsel.
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Posted: May 23, 2017, 5:20 PM
Michigan Court of Appeals reversed and remanded the case of Yu v Farm Bureau, Docket 331570, to the lower court to enter a judgment in favor of Plaintiff Yu on the issue of coverage and to proceed to determine damages.
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Posted: May 19, 2017, 10:25 AM
Kevin Stokes was awarded the Young Lawyers Section Rookie of the Year award
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Posted: May 17, 2017, 4:55 PM
The Michigan Court of Appeals in Estate of Aaron Reid v ThomasWalker, No. 328587, reversed the circuit court’s summary disposition ruling as to one defendant and affirmed as to two others in an appeal involving the death of bicyclist. The dissenting judge, Judge Peter O’Connell wrote a dissenting opinion affirming the entire circuit court’s opinion.
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Posted: May 9, 2017, 7:50 PM
The Michigan Association for Justice published an article by Liisa Speaker
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Posted: Apr 28, 2017, 3:40 PM
According to a recent (1-27-2017) opinion of the US Court of Appeals, 6th Circuit (D.O.; A.O.;R.O. v Glisson, Sec. Cabinet for Health and Family Services, ___US____, No.16-5461 (6th Circuit 2017), reversing a district court’s decision, the Federal Child Welfare Act creates a private right to foster-care maintenance payments enforceable by a foster parent under 42 U.S.C. Sec. 1983.
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Posted: Apr 28, 2017, 2:55 PM
The Michigan Court of Appeals, in its decision (Hrapkiewiczv WSU Bd of Directors, No, 328215, 330189) affirming two lower court judgments granting money damages and attorney fees in an age discrimination case under the Elliot-Larsen Civil Rights Act (ELCRA. MCL 37.2101), reviews the elements needed to prove an age discrimination case. The dissent by Hon. Debra A. Servitto argues that because age was not discussed by the decision-makers, there was no prima facie case and the lower court decision should be reversed.
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Posted: Apr 19, 2017, 5:30 PM
Buck was convicted of capital murder for killing his ex-girlfriend and her friend in 1995. At the time, Texas law required a jury to find beyond a reasonable doubt that a defendant was likely to commit future acts of violence that made him a continuing danger to society before imposing the death penalty.
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Posted: Apr 12, 2017, 3:35 PM
The Michigan Court of Appeals has held that unpaid discovery sanctions imposed against a party prior to the case evaluation hearing are still enforceable despite the parties’ acceptance of the case evaluation award. Brown v Farm Bureau Ins, unpublished opinion per curiam of the Court of Appeals, issued March 28, 2018 (Docket 331893).
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