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Trial Court Properly Valued Business In Divorce Proceedings
Speaker Law Firm 9/6/23 Speaker Law Firm 9/6/23

Trial Court Properly Valued Business In Divorce Proceedings

The trial court in this divorce action used the appropriate method to determine the value of the plaintiff’s law practice when dividing the marital estate, the Michigan Court of Appeals has ruled.

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MSC: Trial Court Must Determine Whether Child Jurisdiction Case Is Moot
Speaker Law Firm 8/30/23 Speaker Law Firm 8/30/23

MSC: Trial Court Must Determine Whether Child Jurisdiction Case Is Moot

The Michigan Supreme Court has remanded the case of In re Holbrook, Minor for a hearing to determine whether the case has become moot.

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Appeals Court Upholds University Of Michigan’s Campus Firearm Ban
Speaker Law Firm 8/23/23 Speaker Law Firm 8/23/23

Appeals Court Upholds University Of Michigan’s Campus Firearm Ban

The University of Michigan “is a school, and thus, a sensitive place” and, as a result, the University’s ordinance prohibiting firearms on school property does not violate the 2nd Amendment.

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Ex-Spouse Engaged In Misconduct, Attorney Fees Appropriately Awarded
Speaker Law Firm 8/16/23 Speaker Law Firm 8/16/23

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”.

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Trial Court Did Not Determine ‘Reasonableness’ Of Requested Attorney Fees
Speaker Law Firm 8/9/23 Speaker Law Firm 8/9/23

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.

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MSU’s COVID-19 Vaccination Mandate Did Not Violate Employee’s Rights
Speaker Law Firm 8/2/23 Speaker Law Firm 8/2/23

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.

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MI Supreme Court Affirms Court of Appeals Decision on No-Fault Auto Reform
Speaker Law Firm 7/31/23 Speaker Law Firm 7/31/23

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..

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Reasonable Attorney Fees Shall be Awarded Pursuant to MCL 15.240(6)
Speaker Law Firm 7/28/23 Speaker Law Firm 7/28/23

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.

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Judge Who Jailed Teens In Custody Case Can Be Sued For Civil Rights Violations
Speaker Law Firm 7/26/23 Speaker Law Firm 7/26/23

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.

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Unmarried Same-Sex Couple Seeking Joint Custody and Parenting Time For a Child Conceived Through in Vitro Fertilization
Speaker Law Firm 7/25/23 Speaker Law Firm 7/25/23

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.

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A Michigan Trial Court Properly Declined to Enforce a California Custody Determination Due to Lack of Jurisdiction
Speaker Law Firm 7/21/23 Speaker Law Firm 7/21/23

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.

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MSC Orders Trial Court To Review Jurisdiction In Out-Of-State Support Case
Speaker Law Firm 7/19/23 Speaker Law Firm 7/19/23

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.

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Trial Court Properly Denied Attorney Fees In Divorce Case
Speaker Law Firm 7/12/23 Speaker Law Firm 7/12/23

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.

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The Restriction Agreement Was Not an Illegal Restraint on Alienation
Speaker Law Firm 7/5/23 Speaker Law Firm 7/5/23

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.

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Trial Court Applied Incorrect Standard To Child Support Modification Request
Speaker Law Firm 6/28/23 Speaker Law Firm 6/28/23

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.

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Trial Court Erred in Granting the Respondent a Directed Verdict During a Child Protective Proceeding Bench Trial
Speaker Law Firm 6/23/23 Speaker Law Firm 6/23/23

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

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Trial Court Improperly Excluded Recorded Interviews With Children
Speaker Law Firm 6/21/23 Speaker Law Firm 6/21/23

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.

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The Supreme Court of the United States Has Upheld ICWA by a 7-2 Vote
Speaker Law Firm 6/15/23 Speaker Law Firm 6/15/23

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.

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