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Agency Did Not Make Proper Referrals: Mom’s Parental Rights Wrongly Terminated
Speaker Law Firm 6/14/23 Speaker Law Firm 6/14/23

Agency Did Not Make Proper Referrals: Mom’s Parental Rights Wrongly Terminated

The trial court improperly terminated the respondent-mother’s parental rights because DHHS failed to make reasonable efforts to reunify the respondent with her children.

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Appeals Court: Plaintiff’s Legal Malpractice Claim Was Wrongly Dismissed
Speaker Law Firm 6/7/23 Speaker Law Firm 6/7/23

Appeals Court: Plaintiff’s Legal Malpractice Claim Was Wrongly Dismissed

The trial court improperly interpreted the terms of the parties’ agreement and, as a result, the plaintiff’s malpractice suit was improperly dismissed, the Michigan COA has ruled.

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‘Fear Alone’ Not Enough To ContinuePersonal Protection Order
Speaker Law Firm 5/24/23 Speaker Law Firm 5/24/23

‘Fear Alone’ Not Enough To ContinuePersonal Protection Order

The trial court wrongly denied the respondent’s motion to terminate a PPO entered against him because “fear alone” is insufficient to justify continuing a PPO, the Michigan COA has ruled.

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The Trial Court Properly Declined to Authorize DHHS’s Petition to Terminate Parental Rights
Speaker Law Firm 5/22/23 Speaker Law Firm 5/22/23

The Trial Court Properly Declined to Authorize DHHS’s Petition to Terminate Parental Rights

DHHS’s petition to terminate parental rights was declined because the petition did not establish probable cause that the father posed a substantial risk of harm to the children’s mental well-being.

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Appeals Court: Trial Court Must Re-Examine Dissipation Of Marital Assets Issue
Speaker Law Firm 5/17/23 Speaker Law Firm 5/17/23

Appeals Court: Trial Court Must Re-Examine Dissipation Of Marital Assets Issue

In this divorce action, the COA affirmed the discovery sanctions that were imposed but remanded the case for the trial court to address various marital asset issues.

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Trial Court Abused Its Discretion by Admitting Evidence That Was Inadmissible
Speaker Law Firm 5/12/23 Speaker Law Firm 5/12/23

Trial Court Abused Its Discretion by Admitting Evidence That Was Inadmissible

The trial court abused its discretion by admitting the GAL’s reports, LARA documents, and expert opinion testimony about domestic violence because each piece of evidence was inadmissible.

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Order Not Appealable ‘By Right’ Is Instead Treated As ‘Application’ To Appeal
Speaker Law Firm 5/10/23 Speaker Law Firm 5/10/23

Order Not Appealable ‘By Right’ Is Instead Treated As ‘Application’ To Appeal

The order from which the respondent appealed in this termination of parental rights case was not a “final order” pursuant to the court rules, a Michigan Court of Appeals majority has decided.

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Trial Court Erred By Not Stating ‘Specific Reasons’ For Denying PPO
Speaker Law Firm 5/3/23 Speaker Law Firm 5/3/23

Trial Court Erred By Not Stating ‘Specific Reasons’ For Denying PPO

Trial court didn’t comply with the statutory requirements for denying an ex parte PPO by “merely concluding” that the allegations were “insufficient” for relief, the Michigan COA has ruled.

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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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