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Justices To Examine Whether COA Correctly Decided In re Hockett, Minor
Speaker Law Firm 2/22/23 Speaker Law Firm 2/22/23

Justices To Examine Whether COA Correctly Decided In re Hockett, Minor

Hockett, a published and binding opinion from Oct. 2021, concerns whether a trial court had sufficient statutory grounds to exercise jurisdiction over a minor child who has mental health issues.

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MSC To Address Whether Trial Court Properly Took Jurisdiction Over Child
Speaker Law Firm 2/15/23 Speaker Law Firm 2/15/23

MSC To Address Whether Trial Court Properly Took Jurisdiction Over Child

The MI SCT is set to hear oral arguments on the application to appeal the decision in In re Holbrook, Minor, a case involving statutory grounds for a trial court to take jurisdiction over a minor.

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Dad’s Rights Wrongly Terminated To Allow Stepparent Adoption
Speaker Law Firm 2/8/23 Speaker Law Firm 2/8/23

Dad’s Rights Wrongly Terminated To Allow Stepparent Adoption

Trial court erred by terminating a father’s parental rights for purposes of a stepparent adoption because there was “no factual basis to clearly and convincingly” support that determination.

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Appeals Court: Schools Can Be Sued For Student-On-Student Sexual Harassment
Speaker Law Firm 2/1/23 Speaker Law Firm 2/1/23

Appeals Court: Schools Can Be Sued For Student-On-Student Sexual Harassment

School districts can be held liable under ELCRA for creating a hostile educational environment arising from student-on-student sexual harassment, the Michigan COA has ruled for the first time.

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Trial Court Must Clarify Why Domestic Violence Victim’s Parental Rights Were Terminated
Speaker Law Firm 1/25/23 Speaker Law Firm 1/25/23

Trial Court Must Clarify Why Domestic Violence Victim’s Parental Rights Were Terminated

The Michigan Court of Appeals has vacated an order terminating the parental rights of a mother who was the victim of domestic violence.

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Mother’s Visitation Cannot Be Suspended Solely On Failed Drug Screen
Speaker Law Firm 1/18/23 Speaker Law Firm 1/18/23

Mother’s Visitation Cannot Be Suspended Solely On Failed Drug Screen

The trial court improperly conditioned a mother’s ability to visit her child on her testing negative for marijuana, the Michigan Court of Appeals has ruled for the first time.

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Plaintiff Cannot Pursue Fraud, Unjust Enrichment Claims Against Ex-Girlfriend
Speaker Law Firm 1/11/23 Speaker Law Firm 1/11/23

Plaintiff Cannot Pursue Fraud, Unjust Enrichment Claims Against Ex-Girlfriend

Trial court ruled that plaintiff didn’t have an interest in the home purchased by the defendant and the defendant’s inheritance, the Michigan Court of Appeals has ruled.

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Counsel’s ‘Deficient’ Performance Prompts New Trial For Father Who Lost Rights
Speaker Law Firm 12/28/22 Speaker Law Firm 12/28/22

Counsel’s ‘Deficient’ Performance Prompts New Trial For Father Who Lost Rights

A father in a TPR case was denied effective assistance of counsel. The Michigan COA vacated the order of termination and remanded the case for further proceedings.

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Case Remanded So Trial Court Can Make “Explicit” Best-Interest Findings
Speaker Law Firm 12/21/22 Speaker Law Firm 12/21/22

Case Remanded So Trial Court Can Make “Explicit” Best-Interest Findings

The trial court did not make sufficient findings under each of the best-interest factors, the Michigan COA remanded the case so the trial judge could make “explicit” findings.

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Appeals Court Enters Order Establishing SIJ Status For Guatemalan Child
Speaker Law Firm 12/14/22 Speaker Law Firm 12/14/22

Appeals Court Enters Order Establishing SIJ Status For Guatemalan Child

The MI COA has ruled, for the first time, that the preponderance of the evidence standard applies in Special Immigrant Juvenile proceedings because the statute is silent on this issue.

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Trial Court Properly Denied Mom’s Request To Modify Custody Order
Speaker Law Firm 12/7/22 Speaker Law Firm 12/7/22

Trial Court Properly Denied Mom’s Request To Modify Custody Order

The trial court in this custody case did not err in denying the mother’s petition for primary physical and sole legal custody of the parties’ children, the Michigan Court of Appeals has ruled.

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Trial Court Must Re-Examine Mother’s Ineffective Assistance Of Counsel Claim
Speaker Law Firm 11/30/22 Speaker Law Firm 11/30/22

Trial Court Must Re-Examine Mother’s Ineffective Assistance Of Counsel Claim

The Michigan Supreme Court has vacated part of a lower court’s decision that had rejected a mother’s ineffective assistance of counsel claim in her termination of parental rights case.

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No-Fault Cases Remanded To Determine If Guardian Improperly Delegated Tasks
Speaker Law Firm 11/23/22 Speaker Law Firm 11/23/22

No-Fault Cases Remanded To Determine If Guardian Improperly Delegated Tasks

Even though a guardian may delegate tasks, a question remains in no-fault cases about whether a guardian improperly delegated certain tasks.

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Appeals Court: No Appointed Counsel For Mom In Custody Case
Speaker Law Firm 11/16/22 Speaker Law Firm 11/16/22

Appeals Court: No Appointed Counsel For Mom In Custody Case

The Michigan Court of Appeals has denied a mother’s request for appointed counsel in her child-custody case.

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6th Circuit Decision In First Amendment Parody Case Appealed To U.S. Supreme Court
Speaker Law Firm 11/9/22 Speaker Law Firm 11/9/22

6th Circuit Decision In First Amendment Parody Case Appealed To U.S. Supreme Court

A First Amendment parody case decided earlier this year by the 6th U.S. Circuit Court of Appeals recently landed on the doorstep of the United States Supreme Court.

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Trial Court Improperly Relied on the Consequences of a Parent’s Voluntary Change of Custody
Speaker Law Firm 10/28/22 Speaker Law Firm 10/28/22

Trial Court Improperly Relied on the Consequences of a Parent’s Voluntary Change of Custody

The trial court improperly relied on the consequences of a parent’s voluntary change of custody as being sufficient to constitute proper cause or a change of circumstances to order a change of custody.

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New Michigan Laws Provide Foster-Care Fixes
Speaker Law Firm 10/26/22 Speaker Law Firm 10/26/22

New Michigan Laws Provide Foster-Care Fixes

Children in Michigan’s foster-care system have more protections under a bipartisan legislative package recently signed into law by Gov. Gretchen Whitmer.

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Trial Court ‘Prematurely’ Ordered Retroactive Modification Of Child Support
Speaker Law Firm 10/19/22 Speaker Law Firm 10/19/22

Trial Court ‘Prematurely’ Ordered Retroactive Modification Of Child Support

The trial court should have completed an evidentiary hearing before ordering a retroactive modification of the plaintiff’s child-support obligation, the Michigan Court of Appeals has ruled.

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