PPO Appeal Not Moot Simply Because It Had Expired
An appeal involving the entry of a personal protection order (PPO) is not moot just because the PPO expired while the appeal was pending, the Michigan Supreme Court has ruled.
Child Died During Parental Rights Appeal: “Collateral Legal Consequences” Prevent Mootness
In a case where the respondent-mother’s parental rights had been terminated, the COA held that her appeal was not moot, even though the child died while the appeal was pending.
Circuit Courts Have Jurisdiction Over Civil Rights Suits, No Matter What The Amount In Controversy
In Reynolds v Hasbany, the Court of Appeals held the circuit court wrongly dismissed the plaintiff’s weight discrimination lawsuit against her former employer
Lawyers Called Out For Persuading Judge To Ignore Higher Court’s Remand Instructions
The 11th U.S. Circuit of Appeals recently took several defense lawyers to task in a published opinion, chastising them for persuading the federal district court to defy the 11th Circuit’s remand instructions in the case.
Grandma Named Children’s Legal Guardian: Father’s Visitation Request Must Be Considered
In In re Ballard, the trial court had placed the 3 children in the custody of their maternal grandmother, before doing so, the trial court did not terminate the biological father’s parental rights.
Michigan Supreme Court Goes on the Road, Holding Oral Arguments for Golf Cart Case in Unprecedented Location
Instead of hearing arguments in its standard Lansing courtroom, however, the Court held the arguments at Lake Superior State University in front of an audience of approximately 500 students.
Recent Appellate Rulings Create Concern For Michigan Adoptions
The rulings are concerning for prospective adoptive parents because they allow putative fathers to stop an adoption in its tracks, by obtaining an order of filiation from the trial court.
Michigan Court Of Appeals: Coercing Child Into Gender Role Is ‘Abuse’
A trial court properly took jurisdiction over a mother’s three children after she allegedly coerced one of them into a gender role with which the child did not identify.
Federal Appeals Court: Employer Unreasonably Denied Pregnant Worker’s Telecommuting Request
The decision in Mosby-Meachem v Memphis Light, Gas & Water Division affirmed a jury verdict for the employee of more than $110,000, including compensatory damages and back pay.
Georgia Court of Appeals Holds that a Spouse Living in Michigan May Not File for Custody During a Family Vacation in Georgia
The Michigan trial court dismissed the custody case in Michigan, finding that under the UCCJEA jurisdiction was proper in Georgia because the Georgia case had been filed first.
Federal Appeals Court Revives Michigan Transgender Bias Suit
The decision in EEOC v R.G. & G.R. Harris Funeral Homes, Inc. reinstated a funeral director’s transgender bias claim against the Michigan funeral home that had fired her.
Sex Offender Registration Act’s Retroactive Application Violated Due Process
It was unconstitutional to retroactively apply Michigan’s SORA to a defendant who had pleaded guilty to a sex offense under a state diversionary statute, the Michigan SCT has ruled.
Presumed Father Can Challenge Paternity For The First Time In Divorce Proceedings
The 3-year time limit for filing a paternity challenge under ROPA does not apply when the presumed father raises the issue in a divorce action, the Michigan Court of Appeals has ruled.
Texas Judge’s Electrocution of Defendant During Criminal Trial Was a Stunning Constitutional Violation
A criminal defendant had been convicted of soliciting the sexual performance of a child. Apparently before the criminal trial, the trial judge had decided to make the defendant wear a stun belt.
Trial Court Misapplied “Preponderance Of Evidence” Standard To Modify Custody
A trial court erroneously used a “preponderance of the evidence” standard to determine it was in the child’s best interest to change the established custodial arrangement.
Michigan Court of Appeals Judge Cautions: Courts Must Not Raise Issues For The Parties
Same-sex couple. Domestic partnership declared. Donor insemination contract. Two children born during the relationship. Domestic partnership terminated.
COA - Can Terminate Rights of Parent When Children Safely Living with Other Parent
The Michigan Court of Appeals reversed and remanded the matter for further proceedings. The Michigan Supreme Court denied the request for leave to appeal by the mother.
Alter-Ego Theory of Recovery - What is it and When is it Effective?
The plaintiff argued the alter-ego rule to make the defendant Nancy Benner, spouse, responsible for her ex/disbarred attorneys’ failure to pay the agreed upon referral fee.