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Posted: Mar 20, 2017, 9:25 AM
The Michigan Court of Appeals reversed the lower court decision terminating the father’s rights to his child because of the termination of his rights to two children in the past (MCL 712.19b (3)(l)—termination where parent’s rights to another child have been terminated.)
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Posted: Mar 15, 2017, 2:10 PM
In this veterinary malpractice case, Elvin v Gubert, DVM, No. 326563 and 326566, the Michigan Court of Appeals held that the trial court did not err in calculating damages, instructing the jury, or determining sanctions.
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Posted: Mar 10, 2017, 10:00 AM
Speaker Law Firm received its second published opinion of the week
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Posted: Mar 6, 2017, 10:45 AM
In Fry v. Napoleon Community Schools, Docket No. 15–497, the U.S. Supreme Court examined a disability-based discrimination claim brought by a Michigan student against a public school.
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Posted: Mar 1, 2017, 10:15 AM
Tuesday, February 28th we had a double Victory Day at the Speaker Law Firm.
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Posted: Feb 22, 2017, 4:00 PM
To understand these three inter-related appeals, Cassidy v Cassidy and Hansen, No. 328004, No. 328024 and Cassidy v Cassidy, No. 333319, we first must state the facts of this not-so-simple divorce matter.
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Posted: Feb 10, 2017, 1:10 PM
In Washington v Trump, the 9th circuit court of appeals declined to grant a stay of the federal district court’s order. In doing so, the court had to review the likelihood that the executive branch would succeed on the merits.
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Posted: Jan 30, 2017, 5:00 PM
The Court of Appeals' jurisdiction in post judgment custody appeals has long been a vexing area for family law attorneys.
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Posted: Jan 23, 2017, 6:42 PM
hen driving your golf cart on a golf course, ordinary negligence is the standard of care and not the “reckless misconduct” standard applicable to recreational activities according to the Michigan Court of Appeals in Bertin v Mann, No.328885.
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Posted: Jan 10, 2017, 1:05 PM
The Court of Appeals vacated three protective orders issued by Genesee Circuit Judge Geoffrey Neithercut that prevented the Michigan Department of Human Services (DHHS) from accessing McClaren-Flint Hospital medical records in Departmentof Healthand Human Services v Genessee CircuitJudge No. 334491. In this action for superintending control, the COA held that the circuit court lacked legal authority to issue the protective orders and the orders were an abuse of Judge Neithercut’s discretion
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Posted: Dec 28, 2016, 11:20 AM
MCL 765.28(1) and MCR 3.604(I)(2) do not conflict. The statute (MCL 765.28 (1)) is the procedure for providing a surety notice of default. The court rule (MCR 3.604(I)(2), however, is the procedure to provide notice of hearing on a motion for a judgment. “These are two separate and distinct events. A default must be entered prior to a hearing to enter judgment on the default.”
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Posted: Dec 19, 2016, 10:00 AM
If you’re curious about frivolous defenses and vexatious appeals, the case of Miller v Blue CrossBlue Shield Michigan, No: 326300, unpublished, is worth a read.
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Posted: Dec 14, 2016, 3:10 PM
The probate Court can admit an unsigned will to probate if the proponent of the will establishes, by clear and convincing evidence, that the decedent intended the document to be his or her will. The Michigan Court of Appeals (MCOA) reached this decision in a published opinion (In re Estate of Sabry Mohamed Attia).
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Posted: Dec 9, 2016, 10:10 AM
The Trial Court’s scoring of sentencing Offense Variable (OV) 9 (MCL 777.39), which concerns the number of victims, was upheld by the Michigan Court of Appeals. In People v Ambrose, 317 Mich App 556, (2016) Docket 327877, the COA, affirming the lower court sentence, ruled that “without declaring the fetus in this case to be a “person” under the law, we conclude the trial court did not err in counting the fetus as a “victim” for purposes of scoring OV 9.”
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Posted: Dec 2, 2016, 11:00 AM
In In re GRD (Docket No. 333131), the Court of Appeals addressed whether the rule of In re Mason, 486 Mich 142; 782 NW2d 747 (2010)—that a parent’s rights may not be terminated solely on the basis of parental incarceration in a Juvenile Code case—also applied to an Adoption Code case.
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Posted: Nov 30, 2016, 9:55 AM
A divided en banc Sixth Circuit Court of Appeals reversed and remanded a district court’s order dismissing a Second Amendment challenge to the Federal ban on gun ownership by “anyone who has been adjudicated as a mental defective or who has been committed to a mental institution.”
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Posted: Nov 21, 2016, 1:30 PM
The Court of Appeals recently reversed a trial court’s decision terminating parental rights based on the lack of jurisdiction and inadmissible evidence during the child protective proceedings. In Re Jones, unpublished per curiam, issued November 8, 2016 (Docket 332616).
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Posted: Nov 10, 2016, 12:10 PM
While parenting time between the preliminary hearing and adjudication and after the termination petition is filed are controlled by court rules (MCR 3.965(C)(7)(a); MCR 3.977(D) ) and statutes (MCL 712A.13a(13) ; MCL712A.19b(4)), visitation after adjudication is controlled by the court.
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Posted: Nov 7, 2016, 3:10 PM
Bail bond agencies act as surety for bonds for compensation in criminal cases in Michigan. Without them, our jails would be more over-crowded. The agencies can, however, seek return of funds under two statutes, MCL 765.28 and MCL 600.4835. The Michigan Court of Appeals clarified the relationship of the two in Calvert Bail Bond Agency, LLC v County of St. Clair, COA No. 324824.
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Posted: Oct 26, 2016, 12:15 PM
In In re Attorney Fees of Mitchell T. Foster (Docket No. 327707), the Court of Appeals reversed a trial court decision denying reasonable attorney fees to an appointed criminal defense appellate attorney because his application for leave to appeal was denied “for lack of merit in the grounds presented.” Mitchell Foster was appointed by the Iosco Circuit Court to serve as the defendant’s appellate attorney.
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