Board-Certified Cardiologist’s Affidavit Met Med-Mal Expert Requirements
A board-certified cardiologist satisfied the medical-malpractice expert witness requirements, even though the doctor’s specialty was not interventional cardiology.
Jury Must Decide If Car Accident Injuries Affected Boy’s “Ability To Lead Normal Life”
In Piccione v Gillette, the Court of Appeals relied on McCormick to conclude that a jury must decide whether the boy suffered a “serious impairment of body function”.
Adult Children’s Guardianship & Conservatorship Petition Improperly Rejected
A guardianship and conservatorship petition filed by the adult children of a protected individual shouldn’t have been disqualified based on speculation that they were “too young”.
“Material” Change In Circumstances Warranted A Best Interests Hearing
he evidence in a custody action demonstrated that a change in circumstances had occurred and, therefore, the trial court wrongly denied a mother’s motion to modify a custody order.
Attorneys Who Provided Expert Witness Services Can Be Sued For Legal Malpractice
Attorneys who are retained to provide expert witness testimony are not automatically shielded by the witness immunity doctrine and can be sued for professional malpractice.
Temporary Detention Order Not A Removal Order: Plaintiff Eligible For Foster-Care Funding
Even though a temporary detention order did not include a “contrary to the welfare” finding, as required by law, this did not preclude the plaintiff’s eligibility for Title IV-E foster-care funding.
No-Fault’s One-Year-Back Rule Applies To Medical Provider’s “Balance Bills”
The No-Fault Act’s one-year-back rule, bars a medical provider’s efforts to collect on a patient-insured’s “balance bill” when the action to collect the balance is untimely filed.
Inability To Satisfy Plain-Error Test Doesn’t Shut Down Ineffective Assistance Claim
A defendant’s failure to satisfy the plain-error test regarding a trial court’s alleged error doesn’t, by itself, prohibit the defendant from bringing an ineffective assistance of counsel claim.
Earnings From Medical Marijuana Grow Operation Properly Considered “Marital Property”
Earnings from the defendant-husband’s medical marijuana grow operation were correctly included in the parties’ marital estate during their divorce proceedings.
Elected Official’s Plea Deal Could Not Keep Him From Seeking Public Office
A plea agreement reached by a former Michigan senator was contrary to public policy because it prohibited the senator from seeking public office during his five-year probationary period.
Lawyer May Receive Gift Under Will & Trust He Prepared For Client-Friend
A Michigan lawyer was not automatically prohibited by the attorney ethics rules from being named as a beneficiary in a will and trust that he prepared for his client.
Limitations Period On Unpaid Child Support Tolled By Trial Court’s ‘Continuing Jurisdiction’
A father remained responsible for more than $40,000 in unpaid child support from a 1992 paternity case because the 10-year statute of limitations for enforcing child-support orders.
Prevailing Whistleblower Plaintiffs Can Collect Post-Judgment Fees
The plaintiffs who prevailed in a WPA lawsuit could recover post-judgment attorney fees under MCL 15.364, the Michigan Court of Appeals has ruled in a published opinion.
Owners Of Dogs Shot During Raid Can Pursue Civil Rights Claims
The owners of 3 dogs killed by Detroit police during a marijuana raid can sue the officers who shot the dogs for civil rights, the 6th U.S. Circuit Court of Appeals has ruled.
Appeals Court Denies State Lawmaker’s Request To Dismiss Perjury Charges
A former Michigan lawmaker charged with perjury is not entitled to legislative immunity or evidentiary privilege under the Michigan Constitution, the Michigan Court of Appeals has ruled.
Court Of Appeals: Public Funds Can Be Used For Private School Mandates
The State of MI can earmark public funds for private & parochial schools pursuant to MCL 388.1752b for the “actual costs incurred in complying with state health, safety, and welfare laws”.
Constitutional Standard Adopted For Indigent Defendants’ Requests For Expert Witness Funds
In People v Kennedy, a unanimous Michigan SCT held that the constitutional standard, which has already been adopted by the federal courts and most states, is the controlling law.
Attorney Who Left Firm Not Entitled To Equitable Lien On Settlement Proceeds
In Pounders v Fawaz, the Court of Appeals reversed the trial court’s order denying the plaintiff’s motion to terminate the equitable lien on the settlement proceeds.