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Appeals Court: Divorce Complaint Is Custody Petition Under Safe Delivery Law
Speaker Law Firm 9/15/21 Speaker Law Firm 9/15/21

Appeals Court: Divorce Complaint Is Custody Petition Under Safe Delivery Law

The petitioner’s parental rights as a non-surrendering parent under the Safe Delivery of Newborns Law because the petitioner’s divorce complaint constituted a timely petition for custody.

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MSC Justices: Parents In Contested Guardianships Need Access To Court-Appointed Counsel
Speaker Law Firm 9/8/21 Speaker Law Firm 9/8/21

MSC Justices: Parents In Contested Guardianships Need Access To Court-Appointed Counsel

The Michigan Supreme Court has let stand an appeals court decision holding that a grandmother should not have been appointed full guardian of her grandchildren.

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Appeals Court Vacates Sole Legal Custody To Father
Speaker Law Firm 8/25/21 Speaker Law Firm 8/25/21

Appeals Court Vacates Sole Legal Custody To Father

A trial court erred by granting a father sole legal custody of the parties’ minor children, because the evidence showed the parties were able to cooperate and make important decisions.

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MSC: Lawyer’s Remarks Before Mediation Are ‘Confidential Communications’
Speaker Law Firm 8/18/21 Speaker Law Firm 8/18/21

MSC: Lawyer’s Remarks Before Mediation Are ‘Confidential Communications’

An attorney’s alleged defamatory statements to another lawyer while waiting for a court-ordered mediation conference to begin were confidential mediation communications.

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Trial Court Applied Incorrect Case Precedent To Reduce Spousal Support
Speaker Law Firm 8/11/21 Speaker Law Firm 8/11/21

Trial Court Applied Incorrect Case Precedent To Reduce Spousal Support

In this spousal support case, the trial court relied on the wrong legal framework to reduce the defendant’s support obligation.

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Jury Must Decide If Student’s Snapchat Post Is ‘True Threat’ Of Terrorism
Speaker Law Firm 8/4/21 Speaker Law Firm 8/4/21

Jury Must Decide If Student’s Snapchat Post Is ‘True Threat’ Of Terrorism

A college student was properly charged with making a threat of terrorism after posting a photo on social media of his semi-automatic rifle with a bayonet attached.

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Mediator Didn’t Ask About Domestic Violence: Is Divorce Settlement Negated?
Speaker Law Firm 7/28/21 Speaker Law Firm 7/28/21

Mediator Didn’t Ask About Domestic Violence: Is Divorce Settlement Negated?

A Michigan trial court has been instructed to scrutinize whether a divorce settlement is unenforceable because the mediator in the case did not conduct the domestic violence screening.

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Majority OKs Termination Of Parental Rights, Dissenter Says ‘Remand Until Criminal Case Resolved’
Speaker Law Firm 7/21/21 Speaker Law Firm 7/21/21

Majority OKs Termination Of Parental Rights, Dissenter Says ‘Remand Until Criminal Case Resolved’

A trial court properly terminated a father’s parental rights to his two older children after the youngest child died because termination was in the older children’s best interests.

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Michigan Supreme Court Will Examine ‘Surviving Spouse’ Decision
Speaker Law Firm 7/14/21 Speaker Law Firm 7/14/21

Michigan Supreme Court Will Examine ‘Surviving Spouse’ Decision

The COA ruled the Marquette County Probate Court erroneously found that Anne Jones-Von Greiff did not qualify as the surviving spouse of Hermann Von Greiff for inheritance purposes.

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Trial Court Wrongly Denied Petitioner’s Registry Removal Request
Speaker Law Firm 7/7/21 Speaker Law Firm 7/7/21

Trial Court Wrongly Denied Petitioner’s Registry Removal Request

The petitioner’s name should be expunged from the Michigan Child Abuse Neglect Central Registry because the trial court erred in applying MCL 24.287.

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Plaintiff’s Appeal Limited To Denial Of Attorney Fees
Speaker Law Firm 6/30/21 Speaker Law Firm 6/30/21

Plaintiff’s Appeal Limited To Denial Of Attorney Fees

The plaintiff’s appeal is limited to that portion of the trial court’s order denying her request for attorney fees as a sanction, the Michigan Court of Appeals has ruled.

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MSC: Attorney Fee-Split Requires Professional Relationship With Person Referred
Speaker Law Firm 6/23/21 Speaker Law Firm 6/23/21

MSC: Attorney Fee-Split Requires Professional Relationship With Person Referred

A referring attorney must have an attorney-client relationship with the individual being referred in order for a fee-splitting agreement to be valid.

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Trial Court Must Explain Why Appellate Attorney’s Fees Are Unreasonable
Speaker Law Firm 6/16/21 Speaker Law Firm 6/16/21

Trial Court Must Explain Why Appellate Attorney’s Fees Are Unreasonable

A trial court abused its discretion when it held that a court-appointed lawyer’s appellate fees were excessive and unreasonable, the Michigan Court of Appeals has ruled.

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Mom Cannot Be Faulted For Failing To Complete ‘Nonexistent’ Case Treatment Plan
Speaker Law Firm 6/9/21 Speaker Law Firm 6/9/21

Mom Cannot Be Faulted For Failing To Complete ‘Nonexistent’ Case Treatment Plan

An order terminating a mother’s parental rights must be reversed because no case treatment plan existed and she “could not be faulted for failing to complete a nonexistent treatment plan”.

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Michigan Court Of Appeals Adopts New Expert Witness Disqualification Rule
Speaker Law Firm 5/26/21 Speaker Law Firm 5/26/21

Michigan Court Of Appeals Adopts New Expert Witness Disqualification Rule

The Michigan Court of Appeals has established a new standard for when an expert witness may be disqualified for an alleged conflict of interest.

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Federal Appeals Court Keeps - And Strikes - Parts Of Indian Child Welfare Act
Speaker Law Firm 5/19/21 Speaker Law Firm 5/19/21

Federal Appeals Court Keeps - And Strikes - Parts Of Indian Child Welfare Act

The 5th U.S. Circuit Court of Appeals has upheld the constitutionality of the Indian Child Welfare Act, while at the same time finding that certain provisions of the Act should be stricken.

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Criminal Contempt Appropriate For Neighbor’s PPO Violation
Speaker Law Firm 5/12/21 Speaker Law Firm 5/12/21

Criminal Contempt Appropriate For Neighbor’s PPO Violation

The trial court properly held the respondent in criminal contempt for violating a non-domestic personal protection order (PPO), the Michigan Court of Appeals has ruled.

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Michigan Election Bureau’s Appeal Dismissed As ‘Moot’
Speaker Law Firm 5/5/21 Speaker Law Firm 5/5/21

Michigan Election Bureau’s Appeal Dismissed As ‘Moot’

The Michigan Court of Appeals has dismissed an appeal by the Michigan Bureau of Elections based on the “mootness doctrine”.

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