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U.S. Court of Appeals Says CPS Workers Have Qualified Immunity
Speaker Law Firm 2/15/24 Speaker Law Firm 2/15/24

U.S. Court of Appeals Says CPS Workers Have Qualified Immunity

In a suit regarding temporary removal of custody, the U.S. Court of Appeals found that CPS workers have qualified immunity where no clearly established statutory or constitutional rights exist.

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Appeals Court Upholds Order For Mental-Health Treatment
Speaker Law Firm 2/14/24 Speaker Law Firm 2/14/24

Appeals Court Upholds Order For Mental-Health Treatment

The Washtenaw County Probate Court properly granted a petition for the respondent to receive mental-health treatment.

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Trial Court Did Not Give ‘Adequate Explanation’ For Reducing Appellate Attorney Fees
Speaker Law Firm 2/7/24 Speaker Law Firm 2/7/24

Trial Court Did Not Give ‘Adequate Explanation’ For Reducing Appellate Attorney Fees

The trial court in this criminal case failed to provide an “adequate explanation” for reducing the attorney fees for appointed counsel.

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MSC Denies Appeal In Termination Of Parental Rights Case
Speaker Law Firm 1/31/24 Speaker Law Firm 1/31/24

MSC Denies Appeal In Termination Of Parental Rights Case

The Michigan Supreme Court will not hear the appeal in a termination of parental rights case.

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Court of Appeals Clarifies that the Safe Delivery of Newborns Law Provides a Mechanism to Establish Legal Parenthood 
Speaker Law Firm 1/29/24 Speaker Law Firm 1/29/24

Court of Appeals Clarifies that the Safe Delivery of Newborns Law Provides a Mechanism to Establish Legal Parenthood 

The trial court correctly determined that a nonsurrendering parent who establishes a 99.99% probability of paternity and obtains summary disposition on the issue of paternity is a legal parent under the Safe Delivery of Newborns Law (SDNL).

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Trial Court Did Not Correct ‘Clerical Error’ When Issuing Amended Order
Speaker Law Firm 1/24/24 Speaker Law Firm 1/24/24

Trial Court Did Not Correct ‘Clerical Error’ When Issuing Amended Order

The trial court’s amended order didn’t correct the clerical error under MCR 2.612(A)(1) because the correction “substantially changed” the initial order.

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Court of Appeals Immediately Restores Acknowledged Father’s Parental Rights
Speaker Law Firm 1/19/24 Speaker Law Firm 1/19/24

Court of Appeals Immediately Restores Acknowledged Father’s Parental Rights

The affidavits in this case were deficient in showing a mistaken belief of fact by the plaintiff and failing to address the due diligence requirement in uncovering the newly discovered evidence, the Trial Court erred in failing to dismiss the case.

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After Divorce, Ex-Husband Gets Frozen Embryo
Speaker Law Firm 1/17/24 Speaker Law Firm 1/17/24

After Divorce, Ex-Husband Gets Frozen Embryo

The trial court properly awarded the divorced parties’ one remaining frozen embryo to the ex-husband, a split Michigan Court of Appeals has ruled.

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Trial Court Improperly Granted Summary Disposition
Speaker Law Firm 1/16/24 Speaker Law Firm 1/16/24

Trial Court Improperly Granted Summary Disposition

In addition to improperly granting summary disposition, the Trial Court legally erred in finding that the objection to sharing of referral fees under MRPC 1.5(e) was timely.

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Court of Appeals Holds Michigan Supreme Court Decision Operates Retroactively
Speaker Law Firm 1/11/24 Speaker Law Firm 1/11/24

Court of Appeals Holds Michigan Supreme Court Decision Operates Retroactively

The Michigan Supreme Court’s recent decisions in previous cases operates retroactively and applies to all cases currently pending on direct appeal.

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Incarcerated Father’s Parental Rights Wrongly Terminated For Stepparent Adoption
Speaker Law Firm 1/10/24 Speaker Law Firm 1/10/24

Incarcerated Father’s Parental Rights Wrongly Terminated For Stepparent Adoption

Respondent-father had the ability to provide “consistent support though not ample support” for his children while he was incarcerated but did not do so.

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Attorney Referral Fee Case Was ‘Prematurely’ Dismissed
Speaker Law Firm 12/27/23 Speaker Law Firm 12/27/23

Attorney Referral Fee Case Was ‘Prematurely’ Dismissed

Summary disposition was prematurely granted to the defendant in this dispute over attorney referral fees because discovery “had not begun in earnest”.

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High Court Issues Procedural Ruling In FOIA Case
Speaker Law Firm 12/20/23 Speaker Law Firm 12/20/23

High Court Issues Procedural Ruling In FOIA Case

A cross-appeal was unnecessary in this FOIA case in order for the defendant-city to suggest an alternative ground for affirming the lower court’s decision.

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MSC Declares ‘In Re Holbrook’ Moot, Justices Call For Legislative Reform
Speaker Law Firm 12/13/23 Speaker Law Firm 12/13/23

MSC Declares ‘In Re Holbrook’ Moot, Justices Call For Legislative Reform

The case of In re Holbrook, Minor - which involves alleged parental neglect and the statutory grounds for taking jurisdiction over a minor child - is moot.

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Louisiana Bar Association’s Social Media Posts Violated Attorney’s Constitutional Rights
Speaker Law Firm 12/6/23 Speaker Law Firm 12/6/23

Louisiana Bar Association’s Social Media Posts Violated Attorney’s Constitutional Rights

Louisiana’s state bar violated 1st Amendment rights by spending dues on speech that is not related to regulating lawyers or improving legal services.

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Ethics Opinion: Judges Must Keep Up With Changing Technology
Speaker Law Firm 11/29/23 Speaker Law Firm 11/29/23

Ethics Opinion: Judges Must Keep Up With Changing Technology

Judges “have an ethical obligation to maintain competence with and further educate themselves on advancing technology, including but not limited to AI”.

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Georgia’s Tie-Breaking Authority Provision Omitted, Custody Order Granted
Speaker Law Firm 11/24/23 Speaker Law Firm 11/24/23

Georgia’s Tie-Breaking Authority Provision Omitted, Custody Order Granted

The trial court gave a Georgia custody order proper effect by granting the parties joint legal custody while omitting the order’s tie-breaking authority provision.

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Appeals Court: Dad’s Paternity Rights Properly Revoked
Speaker Law Firm 11/22/23 Speaker Law Firm 11/22/23

Appeals Court: Dad’s Paternity Rights Properly Revoked

The trial court in this case properly revoked the father’s paternity to the minor child under the Revocation of Paternity Act (ROPA), the Michigan COA ruled.

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