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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.

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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.

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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

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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.

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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.

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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.

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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.

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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.

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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.

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