The ‘Allard’ Enchilada: Antenuptial Agreements, Marital Assets, Income, and LLCs
The Michigan SCT is poised to decide the effect, if any, that MCL 552.23 and MCL 552.401 have on a divorced couple’s antenuptial agreement.
Flawed Parental Rights Precedent is Being Perpetuated
The denial of leave in Maes means that significant flaws in appellate case precedent have now been left intact, impacting hundreds of parental rights proceedings.
Michigan Supreme Court: Whistleblower Claims Cannot be Based on Suspected Future Act
An employee who was fired after reporting a suspected future violation of law could not bring a retaliatory discharge claim under the Whistleblowers’ Protection Act.
Supreme Court Vacates Termination of Parental Rights Order
The Supreme Court vacated the order adjudicating jurisdiction over the children and vacated the order terminating parental rights.
Mother Who Didn’t Get 14-Day Notice Granted New Termination Hearing
A recent Michigan COA ruling in a child-protection case is a reminder of just how important it is for parties, agencies, and the trial courts to be diligent about locating parents.
MSC: Not Presenting Expert Testimony Equals Ineffective Assistance of Counsel
The MI Supreme Court’s decision in People v Ackley shows just how crucial it is for defense lawyers to adequately investigate their client’s case and make good use of expert witnesses.
Court of Appeals Holds That Equitable Parent Doctrine may be Asserted by Married Same-Sex Spouses
The Court of Appeals issued a published decision in Stankevich v Milliron, holding that, same-sex couples who are married, in this state or others, may assert the equitable parent doctrine.
Court of Appeals Vacates Published Opinion After Death of Mother
The Court of Appeals found the actions of the Livingston Circuit Court and a FOC Referee acted "grossly improper" in their decision-making and procedures in a custody case.
Co-Owner of a Condominium has No Premises Liability Claim
The COA clarified an issue of first impression: whether a co-owner of a condominium unit has a claim sounding in premises liability against the condominium association.
COA Finally Provides Guidance for Grandparenting Time Appeals
The Court of Appeals concluded that the father had an appeal by right from the trial court's order awarding grandparenting time, over the father's objection.
Attorney Fights to Obtain a Meager but "Extraordinary Fee" in Court-Appointed Criminal Appeal
It is well known in Michigan that attorneys who do court-appointed work are usually paid pretty miserably for their time. This is true both in the trial court and on appeal.
Success in a Court-Appointed Guardian Ad Litem's Lengthy Battle for Fees
In Doe v Boyle, after a lengthy battle, the COA awarded court-appointed guardian ad litem Thomas Woods costs and attorney's fees for his services on a personal injury suit.
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.