Michigan Supreme Court Tosses Out Election-Law Forgery Conviction
MCL 168.937, which is part of the state’s Election Law, is a penalty provision that does not create a substantive offense, the Michigan Supreme Court has ruled in a unanimous decision.
Trial Court Wrongly Ignored Prenuptial Agreement When Dividing Marital Property
A trial court erred in distributing a divorcing couple’s marital property because the parties’ prenuptial agreement was ignored in doing so, the Michigan Court of Appeals has ruled.
Jury Trial Right Exists In ELCRA Actions Against State
Plaintiffs have a right to a jury trial in Circuit Court when bringing actions against the state under the ELCRA, the Michigan Court of Appeals has ruled in a published decision.
Poop Emoji Surfaces In Federal Court Opinion
The 7th U.S. Circuit Court of Appeals is making headlines for its recent ruling in an employment discrimination case, although probably not for the reason the Court would like: its decision.
‘Parade Of Errors’ In Divorce Proceeding Required Nixing Trial Court Orders
A spousal support award and the division of property in a divorce case must be vacated because the trial court engaged in a “parade of errors”.
State Bar Ethics Committee Clarifies: Attorney Liens Allowed In Divorce Cases
Michigan family law attorneys can place a lien on a client’s property to be awarded in a divorce proceeding as payment for legal services.
Trial Court Improperly Handled Divorced Father’s Request To Change Children’s School
The Court of Appeals further held that remand was necessary to address the father’s request to modify parenting time.
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