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Posted: Oct 3, 2016, 1:35 PM
The Supreme Court (SCt.), after granting leave and taking full briefing and arguments in Black v Shafer, (149516), reversed the Michigan Court of Appeals (312379) and reinstated Wayne County Circuit Order granting Summary Disposition in favor of the defendant Anthony Shafer. The SCt decided the case on proximate cause, which was not an issue it asked the parties to address.
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Posted: Sep 27, 2016, 1:25 PM
In this case (In re Trumble, No 330627) Respondent Mother appealed the Gladwin Circuit Court order terminating her parental rights to her child arguing that the trial court violated her due process by its failure to sua sponte or on its own appoint an attorney to represent her. The Court of Appeals, affirmed the trial court order, stating that because the respondent knowingly declined the offer of appointed counsel at the preliminary hearing and had never shown she suffered from an obvious cognitive impairment, she failed to show that the trial court denied her due process by declining to sua sponte appoint counsel.
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Posted: Sep 23, 2016, 11:35 AM
In A B Petro Mart, Inc v Prime One Ins, 317 Mich App 290 (2016) Docket 327481, an insurance coverage action, the Michigan Court of Appeals held that a corporate Plaintiff had an insurable interest in the property at issue, despite the fact that it did not own the property.
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Posted: Sep 20, 2016, 2:20 PM
Judge Peter D. O’Connell likes being a judge of the Fourth District of the Michigan Court of Appeals, a position to which he was elected in 1994 and reelected as an incumbent every six years to this day. Unfortunately for Judge O’Connell, because he will reach his 70th birthday before his current term expires in November, under Michigan law he can’t run for re-election. Judge O’Connell’s solution to this conundrum was not to turn back the hands of time but to run as an incumbent for a Court of Appeals position beginning in Jan. 2017 currently held by Judge Michael Gadola.
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Posted: Sep 6, 2016, 12:40 PM
The Court of Appeals held that an attorney could not be sued for legal malpractice, even if the attorney missed the deadline for filing a Claim of Appeal.
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Posted: Aug 24, 2016, 9:55 AM
The MI Court of Appeals (In re Shawna Maye Galehouse, No. 326712) upheld a trial court order for the parents to reimburse the Montmorency Child Care Fund for costs of care and services for their child, Shawna.
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Posted: Aug 15, 2016, 12:25 PM
Tweets meant to ridicule and satirize another’s social media presence in a humorous way are parody and thus protected by the First Amendment Right to Free Speech according to a recent opinion issued by the Michigan Court of Appeals (COA).
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Posted: Aug 10, 2016, 5:05 PM
Michael Barrett, Director of the Missouri State Public Defender (MSPD) office, recently exercised his authority to “delegate the legal representation of any person to any member of the state bar of Missouri” to appoint Governor Jay Nixon to represent an indigent defendant facing incarceration and in need of representation.
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Posted: Aug 7, 2016, 5:50 PM
Hon. Peter D. O’Connell turned to the Court of Claims seeking a writ of mandamus to force the the Director of Elections to consider his Affidavit of Candidacy for a six-year term on the Court of Appeals (COA). When the Court of Claims (COC) dismissed his complaint for want of subject-matter jurisdiction, he appealed to the Court of Appeals (Peter D. O’Connell v Director of Elections, Bureau of Elections and the Department of State. No 332132, Court of Claims, LC No. 16-000038-MB).
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Posted: Aug 1, 2016, 10:20 AM
The Michigan Court of Appeals (COA) concluded that the equitable-parent doctrine does not extend to unmarried couples, whether heterosexual or same-sex couples. And, because the doctrine doesn’t apply, Plaintiff Michelle Lake does not have standing to seek parenting time with the child. Therefore, the COA remanded the matter back to the trial court for entry of an order granting summary disposition in the defendant’s favor. Judge Douglas B. Shapiro wrote a concurring opinion, stating the circumstances where he could see a different outcome
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Posted: Jul 22, 2016, 9:25 PM
The book Wicked Takes the Witness Stand by former journalist Mardi Link recounts the true story of the extensive legal proceeding following a 1986 murder in a page-turner of a story in Gaylord, Michigan.
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Posted: Jul 8, 2016, 9:20 AM
The MI Court of Appeals (COA) held the Ingham County trial court’s termination of a father’s rights was clearly erroneous where the rights were terminated because (1) the conditions that led to the adjudication continued to exist, (2) the father failed to provide proper care and custody and (3) there was a reasonable likelihood of harm if the situation continued.
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Posted: Jul 1, 2016, 3:45 PM
The Court of Appeals (COA) reversed the decision of the probate court, confirmed by the circuit court, because of the incorrect application of preclusion principles to the Petitioner’s Petition for a change of Guardianship. The matter was returned to the Probate Court for further proceedings.
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Posted: Jun 13, 2016, 11:35 AM
Speaker Law Firm had a great time joining Women Lawyers Association of Michigan
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Posted: Jun 8, 2016, 10:05 AM
The Court of Appeals (COA) vacated a trial court’s order terminating the parental rights of a cognitively impaired young woman due to the repeated failure of the DHHS to make reasonable efforts to reunify the family.
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Posted: Jun 3, 2016, 9:40 AM
The Court of Appeals upheld the trial court decision to set aside the stepparent adoption of KJS due to the parties’ significant and positive fraud.
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Posted: May 25, 2016, 10:30 AM
As we reported earlier, employees looking for job protection under the Whistleblowers Protection Act (WPA) will have to search elsewhere when they report a suspected future violation of the law under the Michigan Supreme Court ruling in Pace v Edel-Harrelson No. 151374. The court held that such reports were not “protected activity” under the WPA. It remanded the case back to the Court of Appeals for consideration of the plaintiff’s claim that her termination was a violation of public policy.
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Posted: May 16, 2016, 3:20 PM
Under MCR 7.205(G)(3), appellate counsel has always assumed that there was a 6 month absolute deadline for filing an application for leave in the Court of Appeals (subject to specific jurisdictional and criminal exceptions). MCR 7.205(G)(3) states:
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Posted: May 10, 2016, 1:05 PM
The United States Supreme Court has denied an appeal in the case of two Macomb County deputies who were sued for civil rights violations when making an arrest.
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Posted: May 4, 2016, 11:00 AM
In Teruya v Burgan, Docket No. 325126, issued April 7, 2016, a Michigan mother and Californian father of three children, who were conceived by in vitro fertilization insemination, disputed rights regarding parenting time and the father filed a complaint for paternity in Wayne Circuit Court.
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