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Divorced Parents Wrongly Appointed Co-Personal Representatives Of Daughter’s Estate
Speaker Law Firm 9/18/19 Speaker Law Firm 9/18/19

Divorced Parents Wrongly Appointed Co-Personal Representatives Of Daughter’s Estate

A probate court erred by appointing a divorced couple as the co-personal representatives of their deceased daughter’s estate.

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Court of Appeals Reinstates Daughters’ Challenge to Validity of Trust
Speaker Law Firm 9/11/19 Speaker Law Firm 9/11/19

Court of Appeals Reinstates Daughters’ Challenge to Validity of Trust

A probate court erroneously applied the statute of limitations in the Michigan Trust Code to bar the plaintiffs’ challenge to the validity of their mother’s trust.

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Bank Account Co-Owner Must Return Portion Of Unlawfully Transferred Funds
Speaker Law Firm 9/4/19 Speaker Law Firm 9/4/19

Bank Account Co-Owner Must Return Portion Of Unlawfully Transferred Funds

The COA held that a co-owner of the account who unlawfully transferred nearly all the funds to her personal account must return one-half of the funds that were taken.

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Father’s Rights Were Properly Terminated So Stepparent Adoption Could Proceed
Speaker Law Firm 8/28/19 Speaker Law Firm 8/28/19

Father’s Rights Were Properly Terminated So Stepparent Adoption Could Proceed

A trial court did not err in terminating a father’s parental rights, thereby allowing a petition for stepparent adoption to proceed, the Michigan Court of Appeals has ruled.

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Stepparent Adoption Dismissed Because Mother Didn’t Have A Custody Order
Speaker Law Firm 8/21/19 Speaker Law Firm 8/21/19

Stepparent Adoption Dismissed Because Mother Didn’t Have A Custody Order

A stepparent adoption petition was properly dismissed, because the mother did not have a court order establishing that she had custody of the child.

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Aunt’s Adoption Request “Arbitrarily & Capriciously” Denied By State Agency
Speaker Law Firm 8/14/19 Speaker Law Firm 8/14/19

Aunt’s Adoption Request “Arbitrarily & Capriciously” Denied By State Agency

The trial court correctly ruled that the superintendent of the Michigan Children’s Institute “arbitrarily and capriciously” denied consent for the petitioner to adopt her niece.

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Petitioners’ Due Process Rights Were Violated at Adoption Subsidy Hearing
Speaker Law Firm 8/7/19 Speaker Law Firm 8/7/19

Petitioners’ Due Process Rights Were Violated at Adoption Subsidy Hearing

An administrative law judge violated the petitioners’ due process rights by not letting them present their arguments at a hearing on the denial of a support subsidy for their adopted child.

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Fire Battalion Chiefs Not Entitled To Overtime Pay For “Standby” Duty
Speaker Law Firm 7/31/19 Speaker Law Firm 7/31/19

Fire Battalion Chiefs Not Entitled To Overtime Pay For “Standby” Duty

The City of Battle Creek is not required to pay its fire department battalion chiefs for the hours they are required to be on “standby” duty, a federal appeals court has ruled.

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The Michigan Supreme Court Weighs in on How Courts Should Handle Proposed QDROs
Speaker Law Firm 7/24/19 Speaker Law Firm 7/24/19

The Michigan Supreme Court Weighs in on How Courts Should Handle Proposed QDROs

The court awarded Defendant-Wife half of the marital interest in Plaintiff-Husband’s retirement benefits and pension via a QDRO through his employment with General Motors.

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The Proper Way to Perform a Child Interview During Child Protective Proceedings
Speaker Law Firm 7/19/19 Speaker Law Firm 7/19/19

The Proper Way to Perform a Child Interview During Child Protective Proceedings

The Michigan Supreme Court decided on the propriety of a trial court in conducting an in camera interview of a subject child in the context of child protective proceedings.

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Appeals Court: Laid-Off Employee’s Retaliation Claim Should’ve Been Dismissed
Speaker Law Firm 7/17/19 Speaker Law Firm 7/17/19

Appeals Court: Laid-Off Employee’s Retaliation Claim Should’ve Been Dismissed

An employee who was laid-off after 1) reported a co-worker’s conduct to supervisors & 2) considered notifying the police of the conduct didn’t offer enough evidence to proceed with a retaliation claim.

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Job Offer Properly Withdrawn After Candidate Tested Positive For THC
Speaker Law Firm 7/10/19 Speaker Law Firm 7/10/19

Job Offer Properly Withdrawn After Candidate Tested Positive For THC

A company properly withdrew its offer of employment to a job candidate who tested positive for tetrahydrocannabinol (THC) during a pre-employment drug screening.

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Supreme Court Removes Judge from Bench Due to Misconduct While in Office
Speaker Law Firm 7/3/19 Speaker Law Firm 7/3/19

Supreme Court Removes Judge from Bench Due to Misconduct While in Office

In addition to her removal, the Supreme Court also imposed a six-year suspension without pay should Brennan be re-elected to office during the suspension.

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Driver Voluntarily Consented To Blood Draw: Evidence Wrongly Suppressed
Speaker Law Firm 6/26/19 Speaker Law Firm 6/26/19

Driver Voluntarily Consented To Blood Draw: Evidence Wrongly Suppressed

A trial court improperly held that a driver’s consent to a blood draw was involuntary and, as a result, wrongly suppressed the blood-draw evidence at his drunk-driving hearing.

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Will WICA Soon be Modified? Michigan’s Supreme Court Set to Weigh in on Tomasik Appeal.
Speaker Law Firm 6/21/19 Speaker Law Firm 6/21/19

Will WICA Soon be Modified? Michigan’s Supreme Court Set to Weigh in on Tomasik Appeal.

No criminal justice system is perfect: although our state’s criminal justice system is a great regulatory strong-arm, sometimes innocent people are convicted by mistake.

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Officer Needed Vehicle Passenger’s Consent Before Searching His Backpack
Speaker Law Firm 6/19/19 Speaker Law Firm 6/19/19

Officer Needed Vehicle Passenger’s Consent Before Searching His Backpack

A police officer did not have the authority to search a backpack belonging to the passenger in a vehicle because the officer did not first obtain the passenger’s consent.

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Court Of Appeals Reaffirms That Defendants May Reject Probation
Speaker Law Firm 6/14/19 Speaker Law Firm 6/14/19

Court Of Appeals Reaffirms That Defendants May Reject Probation

The 2-1 published decision in Bensch upholds the rule first set forth in People v Peterson, 62 Mich App 258 (1975), allowing criminal defendants to reject probation for jail time.

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U.S. District Court Rules that Michigan Gerrymandering Scheme was Unconstitutional
Speaker Law Firm 6/12/19 Speaker Law Firm 6/12/19

U.S. District Court Rules that Michigan Gerrymandering Scheme was Unconstitutional

According to the Michigan Constitution, congressional districts must be redrawn every ten years based on the state census results and by using what is called “Apol criteria”.

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