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Ex-Wife Must Repay Ford Motor $243K In Wrongly Distributed Retirement Benefits
Speaker Law Firm 11/25/20 Speaker Law Firm 11/25/20

Ex-Wife Must Repay Ford Motor $243K In Wrongly Distributed Retirement Benefits

An ex-wife must repay Ford Motor Company more than $243,000 that she mistakenly received as part of her ex-husband’s retirement benefits in her divorce.

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Relative “Domiciled” In Upstairs Of House Entitled To No-Fault Benefits
Speaker Law Firm 11/18/20 Speaker Law Firm 11/18/20

Relative “Domiciled” In Upstairs Of House Entitled To No-Fault Benefits

In this no-fault insurance case, the trial court properly denied the defendant-insurer’s motions for summary disposition.

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Trial Court Must Explain Denial Of Ex-Wife’s Request For Additional Attorney Fees
Speaker Law Firm 11/11/20 Speaker Law Firm 11/11/20

Trial Court Must Explain Denial Of Ex-Wife’s Request For Additional Attorney Fees

In Sullivan v Sullivan, pursuant to a prior remand order, awarded the defendant ex-wife half the value of the parties’ stock, as well as spousal support and attorney fees.

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Attorney Was In Criminal Contempt For Taping Proceedings Without Judge’s OK
Speaker Law Firm 11/4/20 Speaker Law Firm 11/4/20

Attorney Was In Criminal Contempt For Taping Proceedings Without Judge’s OK

A Bingham Farms attorney was properly held in criminal contempt for taping trial court proceedings without first obtaining the judge’s permission.

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Appeals Court Denies Father’s Constitutional Challenge To Guardianship Statute
Speaker Law Firm 10/21/20 Speaker Law Firm 10/21/20

Appeals Court Denies Father’s Constitutional Challenge To Guardianship Statute

The Michigan Court of Appeals has upheld a probate court order granting a paternal grandparent’s petition to be named guardian of her son’s two minor children.

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Educational Neglect: Trial Court Correctly Assumed Jurisdiction Over Children
Speaker Law Firm 10/14/20 Speaker Law Firm 10/14/20

Educational Neglect: Trial Court Correctly Assumed Jurisdiction Over Children

The trial court properly assumed jurisdiction over the respondents’ children and placed them in foster care because a preponderance of the evidence demonstrated educational neglect.

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Trial Court Wrongly Imputed Overtime Income When Modifying Child Support
Speaker Law Firm 10/7/20 Speaker Law Firm 10/7/20

Trial Court Wrongly Imputed Overtime Income When Modifying Child Support

In this child-support modification case, the trial court erroneously imputed potential overtime income to the father based on overtime work that he had declined.

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Trial Court Interfered With Parent’s Right To Question Guardian Ad Litem About Report
Speaker Law Firm 9/30/20 Speaker Law Firm 9/30/20

Trial Court Interfered With Parent’s Right To Question Guardian Ad Litem About Report

In this parenting-time dispute, the trial court improperly 1) treated the guardian ad litem (GAL) as a lawyer-guardian ad litem (LGAL) and 2) denied the parties’ right to question the GAL at a hearing.

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Trial Court Must Re-Examine Request To Change Child’s School
Speaker Law Firm 9/23/20 Speaker Law Firm 9/23/20

Trial Court Must Re-Examine Request To Change Child’s School

The Court of Appeals reversed, finding the trial court committed clear legal error when examining MCL 722.23 and applying best-interest factors (f), (g), (i) and (k)

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Fired Employee Can Pursue Age Discrimination Claim
Speaker Law Firm 9/16/20 Speaker Law Firm 9/16/20

Fired Employee Can Pursue Age Discrimination Claim

A discharged employee’s age discrimination claim was improperly dismissed because there was direct evidence of discriminatory animus in statements allegedly made during the employee’s firing.

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Trial Court Wrongly Denied Motion To Set Aside Divorce Judgment
Speaker Law Firm 9/9/20 Speaker Law Firm 9/9/20

Trial Court Wrongly Denied Motion To Set Aside Divorce Judgment

The trial court should not have denied the defendant’s motion to set aside the parties’ divorce judgment based on alleged fraud.

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Legal Malpractice Claim Wrongly Dismissed, Fees Improperly Awarded To Lawyer & Firm
Speaker Law Firm 8/26/20 Speaker Law Firm 8/26/20

Legal Malpractice Claim Wrongly Dismissed, Fees Improperly Awarded To Lawyer & Firm

The plaintiff, Elizabeth Silverman, filed a breach of contract suit against the defendant, Lawrence Korn, because he refused to pay for legal work that she had performed in his divorce case.

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Mother’s Parental Rights Properly Terminated So Stepparent Adoption Could Proceed
Speaker Law Firm 8/19/20 Speaker Law Firm 8/19/20

Mother’s Parental Rights Properly Terminated So Stepparent Adoption Could Proceed

A mother’s parental rights were properly terminated in this stepparent adoption case because the termination was supported by clear and convincing evidence.

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Michigan Man Spent 40 Years In Prison For Murder He Did Not Commit
Speaker Law Firm 8/12/20 Speaker Law Firm 8/12/20

Michigan Man Spent 40 Years In Prison For Murder He Did Not Commit

Ledura Watkins was wrongfully convicted of murder in 1976. A Detroit jury found him guilty based on a single piece of evidence: a strand of hair allegedly found on the victim’s pants.

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Grandmother Improperly Appointed As Guardian Of Her Grandchildren
Speaker Law Firm 8/5/20 Speaker Law Firm 8/5/20

Grandmother Improperly Appointed As Guardian Of Her Grandchildren

The Delta County Probate Court improperly exercised jurisdiction in this minor guardianship case and, as a result, erroneously appointed the children’s maternal grandmother as their guardian.

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MSC: Unconstitutional For County To Keep Surplus Tax Sale Proceeds
Speaker Law Firm 7/29/20 Speaker Law Firm 7/29/20

MSC: Unconstitutional For County To Keep Surplus Tax Sale Proceeds

Oakland County’s retention of surplus proceeds from tax-foreclosure sales was an unconstitutional taking without just compensation and violated Article 10, § 2 of the MI Constitution.

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Failing To Interview Children In Custody Case Was Not Reversible Error
Speaker Law Firm 7/22/20 Speaker Law Firm 7/22/20

Failing To Interview Children In Custody Case Was Not Reversible Error

Even though the trial court did not conduct an interview with the parties’ children regarding their custody preferences, the decision to grant the plaintiff-mother sole legal custody was appropriate.

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Court of Appeals: Trial Court Made Correct Schooling Decision
Speaker Law Firm 7/15/20 Speaker Law Firm 7/15/20

Court of Appeals: Trial Court Made Correct Schooling Decision

The trial court’s decision regarding the minor child’s schooling was appropriate because the court did not abuse its discretion in changing the child’s established custodial environment.

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