Juvenile Code Doesn’t Allow a Predetermined Flat Rate Probation Fee
The COA held that the Juvenile Code doesn’t allow for the imposition of a flat rate probation supervision fee, and vacated the trial court order.
Cat’s Paw Theory of Discrimination Applies to FMLA
The term Cat’s Paw comes from an old fable in which a conniving monkey convinces a cat to reach into a fire to get roasting chestnuts.
Adoption Trilogy Secures the Future of Direct Placement Adoptions in Michigan
We don’t think we are exaggerating the significance of two published opinions released by the Court of Appeals yesterday in In re MJG and In re JSP/In re BGP.
Michigan Supreme Court Holds that Summary Disposition was Improper Where Plaintiff Suffered Injuries While Unloading Personal Items from his Truck
The MI Supreme Court decided a case concerning a plaintiff’s claim for personal injury benefits when he was injured while unloading items from his vehicle.
Failure to Call Key Witness Held Ineffective Assistance of Counsel
The COA affirms the case against Clifford Thomas but vacates Jasmine Gordon’s conviction and remands for a new trial due to the ineffective assistance of Gordon’s counsel.
Two Fit Parents Wrongfully Subjected to Grandparenting Time Order
The COA issued another published opinion in a grandparenting time case. Geering v Robinson, issued June 13, 2017 (Docket 335794). In that case, the parents had divorced.
“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.