Attorney Ethics and Social Media
Perhaps law schools should start requiring their students (and maybe state bars, too!) to take a course on attorney ethics and social media.
COA Website Docket Sheet is a Blessing and a Curse
Don’t get me wrong. I love the COA website (even the newly minted website to which I am still adjusting). In fact, I look at the docket sheet on the COA website, conservatively, 25 times per day.
Questions at Oral Argument Enlighten
When I attended oral argument the other day in People v Trakhtenberg (SCT Docket 143386), it was interesting to listen to the court's questions
Third Party Custody Decisions Sets the Trial Court Straight
The Court of Appeals in Frowner v Smith, addressed whether a parent has to satisfy the Vodvarka threshold to change custody from a third party custodian.
Speakers Beware
The Court of Appeal, on reconsideration, in Chesser v Radisson Plaza Hotel, left one Speaker without a leg to stand on, which is not surprising given the current state of premise liability in Michigan.
COA Strictly Construes MCL 600.2591 and Sanctions Attorney
In In re Moore, an interested party in a probate estate alleged that the personal representative provided fraudulent misinformation about the legal obligation to repay a mortgage loan secured by a mortgage on real property.
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.