Ex-Spouse Engaged In Misconduct, Attorney Fees Appropriately Awarded
The trial court in this divorce action properly awarded attorney fees to the plaintiff ex-wife because the defendant ex-husband “engaged in misconduct”.
Trial Court Did Not Determine ‘Reasonableness’ Of Requested Attorney Fees
An attorney fee award in this divorce action must be vacated, the Michigan Court of Appeals has ruled, because the trial court did not make a finding as to whether the requested fee was reasonable.
MSU’s COVID-19 Vaccination Mandate Did Not Violate Employee’s Rights
Michigan State University’s COVID-19 vaccination policy neither violated the plaintiffs’ constitutional rights nor was it preempted by federal law, the 6th U.S. Circuit Court of Appeals has ruled.
MI Supreme Court Affirms Court of Appeals Decision on No-Fault Auto Reform
The MI Supreme Court issued an opinion stating the no-fault auto reform law cannot apply to crash survivors who bought policies and were injured before the new law took effect..
Reasonable Attorney Fees Shall be Awarded Pursuant to MCL 15.240(6)
Reasonable attorney fees shall be awarded where a party substantially prevails in obtaining everything that was initially sought in a FOIA action, and pro bono representation is not a factor.
Judge Who Jailed Teens In Custody Case Can Be Sued For Civil Rights Violations
Judge cannot claim immunity in a federal lawsuit accusing him of putting two children in jail during a custody dispute involving their parents, the 8th U.S. Circuit Court of Appeals has ruled.
Unmarried Same-Sex Couple Seeking Joint Custody and Parenting Time For a Child Conceived Through in Vitro Fertilization
Under the equitable parent doctrine, a would-be equitable parent of a child born or adopted in same-sex marriage may seek custody and parent time.
A Michigan Trial Court Properly Declined to Enforce a California Custody Determination Due to Lack of Jurisdiction
The trial court properly declined to enforce a California custody determination because the California court did not have subject matter jurisdiction.
MSC Orders Trial Court To Review Jurisdiction In Out-Of-State Support Case
The MI Supreme Court has vacated certain parts of a 2021 COA decision affirming a trial court’s finding that it did not have personal jurisdiction over the defendant-father in a child support case.
Trial Court Properly Denied Attorney Fees In Divorce Case
The trial court’s denial of attorney fees in this divorce action was not “outside the range of reasonable and principled outcomes,” the Michigan Court of Appeals has ruled.
The Restriction Agreement Was Not an Illegal Restraint on Alienation
The Restriction Agreement, which established specific terms for the signing parties to exercise a purchase option at the other parties’ death, was not an illegal restraint on alienation.
Trial Court Applied Incorrect Standard To Child Support Modification Request
The trial court erroneously applied a change-of-circumstances standard to the Friend of the Court’s petition to modify child support, the Michigan Court of Appeals has ruled.
Trial Court Erred in Granting the Respondent a Directed Verdict During a Child Protective Proceeding Bench Trial
The trial court erred in granting the respondent a directed verdict during a child protective proceeding bench trial because the court rules limit directed verdicts to jury trials
Trial Court Improperly Excluded Recorded Interviews With Children
The trial court erroneously refused to view and admit video-recorded forensic interviews with the children, who were allegedly abused by their father, the Michigan COA has ruled.
The Supreme Court of the United States Has Upheld ICWA by a 7-2 Vote
ICWA also does not violate the Tenth Amendment’s anticommandeering doctrine. ICWA’s “active efforts” and “diligent search” requirements apply equally to state and private actors.
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.
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.
‘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.