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Posted: Sep 23, 2020, 10:25 AM
A mother’s request to change the school of the parties’ minor child was wrongly denied because the trial judge 1) did not interview the child about his school preference and 2) failed to consider several of the best-interest factors in MCL 722.23, the Michigan Court of Appeals has ruled.
Posted: Sep 16, 2020, 11:05 AM
In Lowe v Walbro, LLC (Docket No. 19-2386), the plaintiff was 60 years old when he was fired by the defendant, Walbro, LLC. The plaintiff had worked for the defendant for more than 40 years. At the time of his firing, a supervisor allegedly made this comment: “You’re kind of getting up there in years, you’re at retirement age.”
Posted: Sep 9, 2020, 10:55 AM
The trial court should not have denied the defendant’s motion to set aside the parties’ divorce judgment based on alleged fraud because the motion was timely and was allowed under the terms of the divorce settlement agreement, the Michigan Court of Appeals has ruled.
Posted: Aug 26, 2020, 11:30 AM
In this legal malpractice action, the Michigan Court of Appeals ruled the trial court: 1) should not have summarily dismissed the malpractice claim against the lawyer and her firm and 2) wrongly awarded the lawyer fees for representing herself and her law firm in the matter.
Posted: Aug 19, 2020, 9:50 AM
A mother’s parental rights were properly terminated in this stepparent adoption case because the termination was supported by clear and convincing evidence and was in the children’s best interests, the Michigan Court of Appeals has ruled.
Posted: Aug 12, 2020, 10:45 AM
Twenty-year-old Ledura Watkins was wrongfully convicted of murder in 1976. A Detroit jury found him guilty based on a single piece of evidence: a strand of hair allegedly found on the victim’s pants.
In 2017 – more than 40 years later – a 61-year-old Watkins walked out of the Wayne County Jail a free man.
Posted: Aug 5, 2020, 10:40 AM
The Delta County Probate Court improperly exercised jurisdiction in this minor guardianship case and, as a result, erroneously appointed the children’s maternal grandmother as their guardian, the Michigan Court of Appeals has ruled.
Posted: Jul 29, 2020, 9:30 AM
Oakland County’s retention of surplus proceeds from tax-foreclosure sales was an unconstitutional taking without just compensation and violated Article 10, § 2 of the Michigan Constitution, the Michigan Supreme Court has ruled.
Posted: Jul 22, 2020, 11:00 AM
Even though the trial court did not conduct an interview with the parties’ children regarding their custody preferences, the decision to grant the plaintiff-mother sole legal custody was appropriate, the Michigan Court of Appeals has ruled.
Posted: Jul 15, 2020, 9:45 AM
The trial court’s decision regarding the minor child’s schooling was appropriate because the court did not abuse its discretion in changing the child’s established custodial environment after evaluating the statutory best interest factors, according to the Michigan Court of Appeals.
Posted: Jul 8, 2020, 10:05 AM
The plaintiff’s civil complaint should not have been dismissed after she allegedly gave false deposition testimony because dismissal was too harsh a sanction, the Michigan Court of Appeals has ruled.
Posted: Jun 24, 2020, 11:50 AM
An employer who fires an employee for being gay or transgender violates Title VII of the Civil Rights Act of 1964, the U. S. Supreme Court has ruled, finding for the first time that Title VII prohibits employment discrimination “because of sex.”
Posted: Jun 17, 2020, 11:10 AM
A trial court applied the correct legal standard when denying the Department of Health and Human Services’ petition for temporary custody over the respondent’s children, the Michigan Court of Appeals has ruled.
Posted: Jun 10, 2020, 9:35 AM
A trial court erroneously treated a father’s motion to designate a school for his child as a motion for change of physical custody, the Michigan Court of Appeals has ruled.
Posted: Jun 3, 2020, 10:00 AM
An automobile liability policy should not be voided on public policy grounds because the policyholder had a “sufficient” insurable interest, the Michigan Court of Appeals has ruled.
Posted: May 27, 2020, 12:25 PM
A trial court improperly held that the surname of a child born out of wedlock should be changed from the mother’s surname to the biological father’s surname, the Michigan Court of Appeals has ruled.
Posted: May 20, 2020, 9:40 AM
A consent judgment of divorce under which the parties agreed that the defendant would pay the plaintiff one-half of his military retirement benefits is preempted by federal law and is unenforceable, the Michigan Supreme Court has ruled.
Posted: May 13, 2020, 10:25 AM
The defendant, Anne Jones-Von Greiff, was married to the decedent, Hermann Von Greiff. After 15 years of marriage, the defendant filed for divorce on June 1, 2017. Hermann stipulated that Anne could live in the marital home, to which he never returned, while the divorce was pending. Hermann died on June 17, 2018, just before the divorce judgment was signed and slightly more than a year after the parties had separated.
Posted: May 6, 2020, 12:45 PM
The trial court in this custody action erroneously discounted the role of the parent who worked outside the home and, as a result, improperly ruled that the child only had an established custodial environment with the stay-at-home parent, the Michigan Court of Appeals has decided.
Posted: Apr 29, 2020, 10:50 AM
A father’s use of corporal punishment as a disciplinary method constituted domestic violence and, as a result, the trial court properly modified custody to give the mother sole legal and physical custody of the children, the Michigan Court of Appeals has ruled.
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