No-Fault’s ‘Innocent Third-Party Rule’ No Longer Exists, Says Michigan Supreme Court
The MI SCT recently issued its highly anticipated decision in Bazzi v Sentinel Ins Co, in which the justices declared that no-fault’s “innocent third-party rule” no longer exists.
Judge Who Endorsed Prosecutor In Election Didn’t Have To Disqualify Himself From Criminal Case
A trial court judge did not have to disqualify himself from the defendant’s criminal case even though the judge had publicly endorsed the prosecutor in a Circuit Court election campaign.
Trial Court Wrongly Nixed Plaintiff’s Med-Mal Experts As Discovery Sanction
A trial judge should not have stricken a plaintiff’s expert witnesses as a sanction for violating discovery orders, the COA has ruled, finding that the sanction was too harsh.
COA: Fraud After No-Fault Policy Procured Doesn’t Prevent Claim By ‘Innocent Third Party’
An auto accident victim is entitled to no-fault insurance benefits under his parents’ no-fault policy where the victim’s parents committed insurance fraud after the policy was purchased.
COA: New Trial Required Because Prosecutor “Poisoned The Proceedings”
A prosecutor’s “grossly improper” remarks during closing argument in a child abuse case, constituted deliberate prosecutorial misconduct and “poisoned the proceedings”.
Livingston County Judge’s Caseload Yanked On Heels Of JTC Complaint
Livingston County District Court Judge Theresa Brennan is no longer hearing cases amid the release of an explosive misconduct complaint from the Judicial Tenure Commission.
Plaintiff Arrested On 1st Day of Trial: Dismissal of Case Too ‘Drastic’
A trial court should not have dismissed the plaintiff’s no-fault case with prejudice because of the plaintiff’s “unavailability”.
Court of Appeals Holds That Parents Accused of Child Neglect for Failure to Seek Medical Treatment May Assert Statutory Religious Defense
The day after the baby was born, the midwife told the parents it was suffering from jaundice. The parents didn’t take the baby to the doctor, electing to pray for the baby’s good health instead.
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.