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No Immunity For WV Judge Who Led Warrantless Search Of Litigant’s Home
Speaker Law Firm 11/15/23 Speaker Law Firm 11/15/23

No Immunity For WV Judge Who Led Warrantless Search Of Litigant’s Home

A judge was not entitled to judicial immunity after she paused a court hearing to go personally participate in a warrantless search of a litigant’s home.

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Michigan Appeals Court Split On Termination Of Mom’s Parental Rights
Speaker Law Firm 11/8/23 Speaker Law Firm 11/8/23

Michigan Appeals Court Split On Termination Of Mom’s Parental Rights

Clear and convincing evidence existed to terminate the mother’s parental rights in this case and doing so was in the child’s best interest.

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Mother’s Marijuana Use ‘Overemphasized, ’Parental Rights Reinstated
Speaker Law Firm 11/1/23 Speaker Law Firm 11/1/23

Mother’s Marijuana Use ‘Overemphasized, ’Parental Rights Reinstated

Termination of a mother’s parental rights overruled by Michigan COA, due to trial court overemphasizing the mother’s use of marijuana.

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No Clear And Convincing Evidence Of Abuse, Termination Of Parental Rights Improper
Speaker Law Firm 10/18/23 Speaker Law Firm 10/18/23

No Clear And Convincing Evidence Of Abuse, Termination Of Parental Rights Improper

The trial court erroneously held that statutory grounds for terminating the respondents’ parental rights had been established by clear and convincing evidence.

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Decision to Suspend Mother’s Parenting Time Had the Effect of Modifying the Award of Joint Physical Custody
Speaker Law Firm 10/15/23 Speaker Law Firm 10/15/23

Decision to Suspend Mother’s Parenting Time Had the Effect of Modifying the Award of Joint Physical Custody

The trial court’s decision to suspend Mother’s parenting time had the effect of modifying the award of joint physical custody in the consent judgment of divorce, and MCR 3.207 did not apply to the case.

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Trial Court Inadequately Addressed Statutory Factors: Removal Of Children Reversed
Speaker Law Firm 10/11/23 Speaker Law Firm 10/11/23

Trial Court Inadequately Addressed Statutory Factors: Removal Of Children Reversed

The trial court erroneously ordered that the children in this case be removed from their mother’s care based on medical neglect.

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Social Worker’s Disciplinary Action Not ‘Pivotal’ To Termination Of Father’s Parental Rights
Speaker Law Firm 10/4/23 Speaker Law Firm 10/4/23

Social Worker’s Disciplinary Action Not ‘Pivotal’ To Termination Of Father’s Parental Rights

Father’s parental rights properly terminated though the decision to do so was partly based on the testimony of a social worker with disciplinary proceedings.

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Ex-Wife Violated PPO, Properly Found Guilty Of Criminal Contempt
Speaker Law Firm 9/27/23 Speaker Law Firm 9/27/23

Ex-Wife Violated PPO, Properly Found Guilty Of Criminal Contempt

The trial court properly issued a PPO in this case and correctly held the respondent in contempt, finding that she violated the terms of the PPO.

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Termination Of Parental Rights Not Supported By Sufficient Evidence
Speaker Law Firm 9/20/23 Speaker Law Firm 9/20/23

Termination Of Parental Rights Not Supported By Sufficient Evidence

The trial court’s termination of the respondents’ parental rights must be vacated because, among other things, the statutory factors for termination were not supported by clear and convincing evidence.

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School District Report Wrongly Excluded As Evidence
Speaker Law Firm 9/13/23 Speaker Law Firm 9/13/23

School District Report Wrongly Excluded As Evidence

In determining whether changing schools was in the best interests of the parties’ child, the trial court improperly excluded a report about the school district.

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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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