Standing, How Does It Work? – Insane Clown Posse has Standing to Sue the US Department of Justice and the FBI
The Sixth Circuit reversed the District Court's dismissal for lack of standing and remanded for consideration of the defendants' FRCP 12(b)(6) (failure to state a claim) arguments.
COA Utilizes Visual Aid in Legal Malpractice Case
It is not very often that a COA opinion incorporates a visual aid. We see it few and far between, usually with an attached plat or map in a real estate case.
"Grossly Improper" Actions by the Livingston County Circuit Court and an FOC Referee in a Custody Case
The COA released a published opinion in addressing the "grossly improper" actions of Judge Reader and a Friend of the Court referee in regard to the custody of the parties' child.
A Sympathetic Court of Appeals Panel in a Section 45 Hearing Adoption Case
A Section 45 adoption case affirming the trial court's ruling that the decision of the Superintendent of the Michigan Children's Institute denying petitioners consent to adopt was not arbitrary and capricious.
The Court of Appeals Vacates a Gag Order in the Criminal Cases regarding the Failed Wayne County Jail Project, Stressing the Importance of the Freedom of the Press
The COA released a published opinion in People v Sledge, that vacated the Wayne County Circuit Court's gag order in two criminal cases.
"Simply Put, Biology Does Not Control Either an Acknowledgment of Paternity or Its Revocation."
The COA addressed in a published opinion what it means under the Revocation of Paternity Act for there to be a "mistake of fact" justifying a revocation of an acknowledgement of paternity.
Depreciation as Income for Child Support and a Further Clarification on Attorney's Fees
The Court of Appeals released a lengthy published opinion in Riemer v Johnson, that addressed many issues including custody, parenting time, child support, and attorney's fees.
COA Holds No Res Judicata for Tort/Uninsured Motorist Claims Due to Prior PIP Claims
The Court of Appeals decided in Adam v Bell, and overturned an order granting summary disposition to State Farm on the grounds that Cynthia Adam’s claims were barred by res judicata.
A New Standard to Ensure the Judicial Veil of Impartiality
The MI Supreme Court released a unanimous decision in People v Stevens, where it reversed a defendant's conviction for second degree murder and child abuse and remanded to the trial court
The Court of Appeals Uses an Interesting Approach to Set Aside a Mediation Award in a Divorce
In Heiden v Heiden, the COA used the statutory rules governing binding domestic-relations alternative dispute resolution to set aside a common law mediation agreement that purported to divide the parties' property for their judgment of divorce.
Order Requiring Drug Tests for a Parent of a Juvenile Adjudicated Delinquent is Unconstitutional, but its Unconstitutionality Was Waived
In In re Dorsey, the appellant's son had been adjudicated delinquent and was subject to the jurisdiction of the family division of the circuit court.
Immunity in Defamation Cases: Statements Made to Police Regarding Criminal Activity Remain Absolutely Privileged
The Court of Appeals addressed a narrow issue regarding defamation cases: "whether statements made to police regarding criminal activity are absolutely privileged and therefore immune from suit for defamation."
The Appellate Court Says an In Pro Per Party's Legal Malpractice Claim Is Frivolous
In Bhama v Garves, the Court of Appeals found an appeal regarding legal malpractice by an in pro per psychiatrist to be frivolous.
The Court of Appeals Clarifies that Attorney's Fees in a Divorce Action May Be Awarded Based Either on Financial Need or Noncompliance by Opposing Party
The Court of Appeals affirmed in part and reversed in part a Judgment of Divorce, ruling in favor of Sherri Richards, a client of the Speaker Law Firm, on all appealed issues.
Presumed Father is a Necessary Party to a Revocation of Paternity Act Claim
The COA held that a presumed father, ie, a mother's husband at the time of conception or birth of a child, is a necessary party to a Revocation of Paternity Act claim.
Spousal Support is Modifiable Beyond the Term Set by the Trial Court in the Parties’ Judgment of Divorce
The COA addressed an issue debated among family law attorneys: whether a party could seek to modify and extend an award of spousal support set by a trial court in the parties’ judgment of divorce.
The MI Supreme Court has Taken Up a Proposal for a Court Rule Regarding the Publication Standards and the Citation to Unpublished Opinions
The Michigan SCT has taken up a proposal for a court rule proposal regarding the publication standards and the citation to unpublished opinions. The proposal emanated from the Michigan COA.
Appellate Judge Writes Dissent Based on Her Convictions
Usually when appellate judges write opinions, it is based on the facts or the law or sometimes even public policy. And appellate judges, like appellate lawyers, usually present their opinions in a very restrained fashion.