The Kline Conflict - A Row over Rowland
In Kline v Dep't of Tranportation, the COA "begrudgingly" followed McCahan v Brennan, holding that the defendant was entitled to summary disposition where the plaintiff failed to comply with the notice provision.
The Case of the Pink Diamond Could Have Jeweler Seeing Red
In Harris vs. J.B. Robinson Jewelers, a published opinion, the Sixth Circuit Court of Appeals reversed the District Court's Opinion granting Defendant, J.B. Robinson Jewelers, summary disposition.
COA: Equitable Spousal Support - Factors, Not Formulas!
The Court of Appeals released a published opinion addressing spousal support and attorney fees in divorce cases in Myland v Myland.
COA: No Seal of Approval for Sealing Court Orders
The Michigan COA held that MCR 8.119(F)(5) does not give a trial court the discretion to seal prior court orders. Jenson v Puste arose out of a 2006 divorce case where the plaintiff wife obtained a PPO against her ex-husband.
Tennyson "tends to" Clarify Application of Criminal Child Neglect Statute
In People v Tennyson, the MSC held that the possession of drugs and firearms, by itself, was not legally sufficient to support the defendant's conviction under MCL 750.145.
MSC Declines to 86 Nix When Prosecution Harbored Error at Trial
In People v Szalma, the Michigan SCT held that a case for a new trial would subject a defendant to double jeopardy where the trial court had already determined that the prosecutor failed to present sufficient evidence to convict and granted a directed verdict of acquittal.
Sixth Circuit: 9-1-1 May be Invitation to Warrantless Entry....
In a published opinion, the Sixth Circuit COA addressed an issue of first impression in our circuit: Whether a 9-1-1 "hang call" gives rise to an exception to the 4th Amendment protections against warrantless searches.
MSC to Appellant: "Disobey Trial Court Orders and Your no Friend of Mine."
After hearing argument on application, the Michigan SCT recently issued an Order in lieu of granting leave. remanding a divorce case to the circuit court for clarification of an alimony award.
Why a COA Opinion is Forcing Me to Change Insurance Companies
Some auto insurance companies include an exclusion that lowers the amount the insured can recover for bodily injury if the injured person is a family member. The exclusion is known as the "family drop down" and it was at issue in Ruzak v USAA Insurance Agency.
Common Sense Prevails; Only Explanation for Ladder in Road is That it Fell Off a Motor Vehicle
Common sense prevailed in the published COA opinion of Dancey v Travelers Property Casualty Co. In that case, a motorist was injured in single-vehicle accident after her vehicle hit a ladder lying in the roadway.
COA Holds City Not Entitled to Immunity from Residents' Waste Woes
The COA held that the county was not entitled summary disposition based on governmental immunity because the sewage exception to immunity applied even where the plaintiffs failed to expressly comply with notice requirements
COA Holds That Homeless Man Does Not Violate SORA
In People v Dowdy, the Court of Appeals issued a published opinion interpreting SORA - the Sex Offender Registry Act.
COA "Adopts" Use of Stays in the Battle of Paternity Act vs. Adoption Code
The COA released a published opinion providing some clarification on whether paternity actions can ever take precedence over adoption proceedings.
There's No Place Like "Home State!" MSC to Decide UCCJEA Case
The Michigan Supreme Court granted leave in Foster v Wolkowitz. The Court will address: (1) whether the Court of Appeals erred in relying on the Michigan Acknowledgement of Parentage Act (MAPA) rather than the UCCJEA.
Spouse "Waives" Goodbye to Argument in Divorce Appeal
In Vulaj v Vulaj, the Court of Appeals held that the plaintiff-husband waived his right to challenge the arbitrator's failure to comply with the Domestic Relations Arbitration Act, MCL 600.5070.
COA Offers Brief Berating
To an attorney who does not make a living writing briefs, the recent COA decision in In re D.A.S., Minor, will almost surely go unnoticed.
COA Directs Trial Court to Mind Its "l's" and "m's"--PUBLISHED OPINION
In a published decision, the COA found that the Kent County Circuit Court erred in terminating a mother's parental rights under MCL 712A.19b(3)(l), where the mother had voluntarily released her rights to a different child under the Adoption Code.
Appellate Courts to Review Constitutionality of SORA as Applied to Juveniles?? Only Time Will Tell....
In a September 30, 2009 opinion, Washtenaw County Family Court Judge, Hon. Darlene O'Brien, called into question the constitutionality of SORA's application in juvenile cases.