Dog Attack Not "Provoked"
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. In that case, two huskies managed to escape from the kennel where they were being boarded and came over to the plaintiff's yard.
From the Mouths of Babes...
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.
COA Affirms That Election Law is Unconstitutional
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.
Same-Sex Harassment Falls Under Civil Rights Act
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.
COA’s Reversal of TPR TERMINATED!
On August 9, 2007, the Michigan Court of Appeals released an unpublished opinion reversing an order terminating parental rights. In re Engle, unpublished per curiam opinion of the Michigan Court of Appeals, released August 9, 2007.
COA Upholds Limitation on Grandparent Visitation
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.
Court of Appeals Halts Downward Departure
In People v McNeil, 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.
Attorney Contempt Upheld
On September 11, 2007, the Court of Appeals issued a published decision regarding attorney contempt and sanctions in DeGeorge v Warheit. A trial court had sanctioned plaintiff and his attorney for filing a frivolous lawsuit.
It is Possible! COA Reverses TPR Case
In Michigan, it is well-known that termination of parental rights cases are very rarely reversed on appeal. Yet, in an unpublished opinion, DHS v Engle, released August 9, 2007, the Court of Appeals did just that.
Getting Away With Murder
In a travesty of justice, the Michigan Supreme Court ruled on July 25 that the discovery rule is no longer applicable to wrongful death actions--even if it was impossible to bring the suit within three years of the death.
Michigan Supreme Court Puts Birmingham Park "In The Doghouse"
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.
Attorney Fees Requires Agency Relationship
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.
Offer of Judgment Rule
Although the Michigan Supreme Court rarely addresses the offer of judgment rule, MCR 2.405, the Court issued an opinion this week regarding the interplay of offers of judgment in equity actions in Knue v Smith.
Courts Citing to Wikipedia
That citation made me recall another case where the Michigan Supreme Court cited to Wikipedia to define a psychological term.
Supreme Court Battles Over Paternity
The case of Barnes v. Jeudevine came out last summer, but is still worthy of discussion. The Supreme Court hotly debated this paternity appeal.