“Dangerous Animal” Definition Clarified by COA
The Michigan Court of Appeals reversed and remanded for entry of an order quashing the bind-overs on charges of owning a dangerous animal.
Insurance Company Can’t Deny Benefits When They Take Your Money
The COA reversed and remanded the case of Yu v Farm Bureau, to the lower court to enter a judgment in favor of Plaintiff Yu on the issue of coverage and to proceed to determine damages.
COA Reverses Grant of Summary Disposition; Stating Matter for a Jury
The COA reversed the circuit court’s summary disposition ruling as to one defendant and affirmed as to two others in an appeal involving the death of bicyclist.
Child Welfare Act Creates Private Right to Foster Care Payments
In 2012, Kentucky’s Health & Family Services brought a Dependency, Neglect and Abuse proceeding against the mother of two boys.
MCOA Upholds Lower Court Judgment Granting WSU Vet Tech Program Director $300,000 in Age Discrimination Lawsuit
The COA affirmed two lower court judgments granting money damages and attorney fees in an age discrimination case under the Elliot-Larsen Civil Rights Act.
U.S. Supreme Court Clarifies the Standard for Granting Certificates of Appealability in the Federal Courts and Addresses Racist Testimony in Capital Sentencing Cases
Buck was convicted of capital murder for killing his ex-girlfriend and her friend in 1995.
Pre-Case Evaluation Sanctions Enforceable Despite Accepted Case Evaluation Award
The COA has held that unpaid discovery sanctions imposed against a party prior to the case evaluation hearing are still enforceable despite the parties’ acceptance.
Whistleblower Loses at Summary Disposition
The COA in Kevin Smith v City of Flint, a for publication opinion, affirms lower court grant of summary disposition on Plaintiff’s claim under the Whistleblowers’ Protection Act
MCOA Overturns Termination Based Solely on Prior Terminations
The Michigan Court of Appeals reversed the lower court decision terminating the father’s rights to his child because of the termination of his rights to two children in the past.
Veterinarian Malpractice Damages Award Upheld
The Michigan Court of Appeals held that the trial court did not err in calculating damages, instructing the jury, or determining sanctions.
U.S. Supreme Court Narrows the Scope of the IDEA’s Administrative Exhaustion Requirements
In Fry v. Napoleon Community Schools, the U.S. Supreme Court examined a disability-based discrimination claim brought by a Michigan student against a public school.
COA Affirms Trial Court Decision that Defendants Conspired to Defraud Plaintiff Wife
Joy filed for divorce from Robert in 2012 after confirming that Robert had been having an affair with Hansen, during which, Robert gave her over $300K to remodel her East Ellen St. house.
Federal Appeals Court Denies Stay to Executive Branch on Travel Ban Order
The 9th Circuit COA declined to grant a stay and in doing so, the court had to review the likelihood that the executive branch would succeed on the merits.
Family Law Jurisdictional Battle
The COA jurisdiction in post judgment custody appeals has long been a vexing area for family law attorneys. MCR 7.202 grants an appeal by right to post judgment orders affecting custody.
COA: Ordinary Negligence the Standard of Care When Driving a Golf Cart
When driving your golf cart on a golf course, ordinary negligence is the standard of care & not the “reckless misconduct” standard applicable to recreational activities according to the COA.
COA: Trial Court Judge’s Denial of DHHS Access to Hospital Records an Abuse of Discretion
The COA vacated 3 protective orders issued by Genesee Circuit Judge that prevented the Michigan DHHS from accessing McClaren-Flint Hospital medical records.
Timely Notice Necessary for Courts to Collect on Bond Forfeiture
MCL 765.28(1) and MCR 3.604(I)(2) do not conflict. The statute (MCL 765.28 (1)) is the procedure for providing a surety notice of default.
Michigan Appeals Court Brings Some Clarity to Frivolous Defenses and Vexatious Appeals
If you’re curious about frivolous defenses and vexatious appeals, the case of Miller v Blue Cross Blue Shield Michigan, is worth a read.