Disproportionately Weighing Extramarital Affair in Property Division
In Berger v. Berger, a Defendant-father appealed from a judgment of divorce to the Michigan Court of Appeals following a Trial Court ruling that the Plaintiff-mother was to receive custody of the parties two children as well as a 70/30 division of marital property.
COA Releases Two Published Opinions on Termination of Parental Rights
In DHS v Holm, the Court of Appeals reversed a decision terminating respondent’s parental rights after holding that the trial court improperly exercised jurisdiction. The respondent allegedly sexually abused two of his daughters.
Sixth Circuit Holds Serial Harasser's Conduct Violates Title VII
Four female employees sued Anheuser-Busch arising from sexual harassment claims against a male employee (Robinson) occurring over Robinson’s ten-year span of employment. Each time, the employer investigated the claims internally by interviewing the women and Robinson.
Attempting to Murder Husband Will Affect Share of Property Division
What was this defendant thinking? In Jackson v Jackson the Court of Appeals affirmed a property division that awarded 97% to the husband and 3% to the wife, after the wife tried to murder her husband with rat poison.
Supreme Court Approves Equitable Tolling; Rule Change on Horizon
The Michigan Supreme Court has re-confirmed "equitable tolling" for delayed applications for leave to appeal in the Court of Appeals in Beavers v Barton Malow (on Remand) (Docket 269007).
Children Can Testify in Custody Disputes
In Surman v. Surman, the trial court allowed a 12-year-old boy to testify in open court during a custody trial regarding what type of abuse had occurred between the child and his father.
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.