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Trial Court Improperly Imposed Restrictions On Dad’s Parenting Time
Speaker Law Firm 4/26/23 Speaker Law Firm 4/26/23

Trial Court Improperly Imposed Restrictions On Dad’s Parenting Time

The trial court in this case wrongly imposed restrictions on a father’s parenting time of his three minor children, the Michigan Court of Appeals has ruled.

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A Father’s Right to Control Custody and Care of His Child Must Yield, at Least Temporarily, to the State’s Interest
Speaker Law Firm 4/21/23 Speaker Law Firm 4/21/23

A Father’s Right to Control Custody and Care of His Child Must Yield, at Least Temporarily, to the State’s Interest

A father’s right to control the custody and care of his child must yield, to the state’s interest in preventing upheaval for the child who had been in care with the same foster family for nearly 2 years.

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Dissent: Terminating Parental Rights Was ‘Punitive’ And Not In ‘Anyone’s Best Interests’
Speaker Law Firm 4/19/23 Speaker Law Firm 4/19/23

Dissent: Terminating Parental Rights Was ‘Punitive’ And Not In ‘Anyone’s Best Interests’

The trial court correctly held that the minor children in this case would be harmed if returned to their mother’s care and, as a result, properly terminated her parental rights.

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Rule Changes Coming In Termination Of Parental Rights Cases
Speaker Law Firm 4/12/23 Speaker Law Firm 4/12/23

Rule Changes Coming In Termination Of Parental Rights Cases

The Michigan Supreme Court has adopted amendments to various Michigan Court Rules (MCR) that apply to termination of parental rights cases.

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Appeals Court: Father Did Not ‘Forfeit’ His Objections To FOC Recommendations
Speaker Law Firm 4/5/23 Speaker Law Firm 4/5/23

Appeals Court: Father Did Not ‘Forfeit’ His Objections To FOC Recommendations

The trial court improperly held that the plaintiff forfeited his objections to the FOC referee’s recommendations and went ahead and adopted the referee’s recommendations.

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No Capital Gains Included In Plaintiff’s Income For Child-Support Purposes
Speaker Law Firm 3/29/23 Speaker Law Firm 3/29/23

No Capital Gains Included In Plaintiff’s Income For Child-Support Purposes

The trial court did not err when computing the parties’ incomes - particularly capital gains - for purposes of determining child support, the Michigan Court of Appeals has ruled.

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Trial Court’s Reduction In Spousal Support Was ‘Inequitable’
Speaker Law Firm 3/22/23 Speaker Law Firm 3/22/23

Trial Court’s Reduction In Spousal Support Was ‘Inequitable’

A trial court’s order reducing an award of spousal support must be vacated because the reduced award was inequitable in light of all the circumstances, the Michigan Court of Appeals has ruled.

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6th Circuit: Requesting FMLA Time Off Is A ‘Protected Activity’
Speaker Law Firm 3/15/23 Speaker Law Firm 3/15/23

6th Circuit: Requesting FMLA Time Off Is A ‘Protected Activity’

An employee’s request to take time off under the FMLA is a protected activity, regardless of whether the employee was actually entitled to the requested leave.

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Order Reducing Spousal Support Vacated Due To Lack Of Thorough Analysis
Speaker Law Firm 3/8/23 Speaker Law Firm 3/8/23

Order Reducing Spousal Support Vacated Due To Lack Of Thorough Analysis

The order reducing the plaintiff’s spousal support obligation to the defendant by several thousand dollars each month must be vacated the Michigan Court of Appeals has ruled.

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MSC Administrative Orders Do Not Toll Med-Mal Statute Of Limitations
Speaker Law Firm 3/1/23 Speaker Law Firm 3/1/23

MSC Administrative Orders Do Not Toll Med-Mal Statute Of Limitations

The trial court improperly denied the defendants’ motion to dismiss the plaintiff’s medical malpractice claim based on the applicable statute of limitations.

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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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