COA Gives Stamp of Approval to Trial Court in Published WDCA Case
In Fries v Mavrick Metal Stamping, Inc, et al, the Michigan Court of Appeals affirmed the trial court's decision denying defendants' motion for summary disposition under MCR 2.116(C)(10) in a published opinion.
Court's Decision May Tie Hands of Appellate Practitioners
The COA issued a published opinion in Barnard Manufacturing v Gates Performance Engineering, which could cause problems for many appellate attorneys appealing trial court orders on summary disposition.
Supreme Court to Review the Hotly Debated Kreiner Decision
In a long-awaited ruling among no-fault automobile practitioners, the Supreme Court granted leave in McCormick v Carrier, which challenges the Kreiner court's interpretation of the No-Fault Act.
COA Says TPR Not the Solution to Every Unsolved Mystery
In In re ALNW, Minor, the COA reversed an order terminating parental rights to both parents of the minor child.
Equitable Parenthood: Not an Ageless Doctrine
In Vanderark v Vanderark, the Court of Appeals concluded the the trial court erroneously held that the plaintiff was the equitable parent of a minor child born to plaintiff's wife during the marriage.
High Court Offers Supreme View
The Michigan Supreme Court and State Bar of Michigan recently teamed up to create a virtual courtroom.
In re Hansen: Questioning the Question Presented– Another Preservation Pitfall
In a published opinion, In re Hansen, the COA affirmed the termination of respondent’s parental rights despite the fact that the trial court applied a best interest standard that was replaced by legislation effective in July 2008.
COA Prescribes Dose of Civil Liability for Mute Medics
Have you ever wondered whether mandatory reporters will really be held to have civil liability if they fail to report suspected child abuse? The Court of Appeals addressed this issue in the Estate of Rufus Young JR. v Detroit Medical Center and Children's Hospital, et al.
US Supreme Court Holds That Justice Should Have Recused Himself
In the much-anticipated decision regarding judicial recusal, SCOTUS ruled in Caperton v Massey Coal Co. that the West Virginia Supreme Court justice who received $3,000,000 in campaign contributions should have recused himself.
Court of Appeals Spoils Plaintiff’s Cause of Action-Davis Dissents
In Teel v Allstate Insurance, 284 Mich App 660 (2009), the Court of Appeals held that Michigan does not recognize a cause of action for spoliation of evidence. In Teel, Plaintiff lost his wife in an apartment fire.
Michigan COA Rejects Foreign Divorce Entered Without Due Process
The Court of Appeals reversed a Michigan trial court's decision to recognize a foreign divorce in Tarikonda v Pinjari (unpublished decision).
Why Aren't There More Conflicts Panels?
Over the years, I have observed that there are many times when the COA in a published decision does not acknowledge a prior published opinion that is on point, or disagrees with a prior published opinion.
Attorney Faces Criminal Contempt
In In re Contempt of Henry, a published opinion of the COA, the Court addressed a criminal contempt matter arising from appellant, attorney Kathy Henry’s, involvement with her brother, defendant Charles Henry’s, post-divorce judgment child support enforcement case.
Attorney Judgment Rule Going to Trial
In Shannon v Foster Swift Collins & Smith, P.C., former clients brought a legal malpractice suit against the law firm and attorney who represented them in a real estate matter.
Non-refundable Retainers Do Not Violate the Ethics Rules
The Supreme Court issued an order on the long-awaited non-refundable retainer case pending before it in Cooper v Attorney Grievance Commission. In that case, the client hired an attorney to represent her in a divorce action.
Self-representation is Risky...and for Good Reason
You surely are familiar with the adage, "the man who represents himself has a fool for a client." This phrase took on special meaning in the COA decision People v Cochrane, in which the Court determined that the trial court did not err in refusing to allow a criminal defendant to represent himself.
High Court Make-Over to Dress-up Appellate Advocacy
Legal circles are abuzz with speculation about the possible impact the stunning election of Wayne County Circuit Court Judge Diane Hathaway will have on the Michigan Supreme Court and more importantly, Michigan Law.
COA Lets Divorce Attorney Keep Fees
Getting stuck with joint liability for attorneys’ fees after a reversal in the COA is like being saddled with the dinner tab after a bad date - no fair.