Court of Appeal issues published domicile decision in Kessler v Kessler
From Kessler v Kessler, 295 Mich App 54 (2011), the Court held that the lower court was not obligated to consider the change of domicile factors.
Whitmore v Charlevoix County Road Commission
The Michigan Supreme Court heard arguments on December 7, 2011 in a highway defect case this week in Whitmore v Charlevoix County Road Commission.
SORA not Punishment for Juvenile's CSC Adjudication
In In re TD, the COA held that application of SORA was not "punishment," so it could not be deemed unconstitutional on grounds that it was cruel and unusual as applied to the respondent.
COA "Curbs" Governmental Immunity Claim
In Sharp v City of Benton Harbor, the COA held that a curb comes within the definition of "a public highway, road, or street," for purposes of applying the highway exception to governmental immunity to municipalities.
COA Publishes Prescription for Privacy
The COA issued a published opinion addressing application of federal law (HIPAA) and state law of physician-patient privilege to discovery requests for non-party patient information.
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.