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Posted: Mar 11, 2019, 1:39 PM
Writing for a unanimous court, Justice Ruth Bader Ginsburg of the United States Supreme Court ruled that the 8th Amendment’s protection from excessive fines is incorporated under the Due Process Clause of the 14th Amendment and thus applies to state and local actors. Timbs v. Indiana, 586 U.S. ___ (2019).
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Posted: Nov 14, 2018, 3:00 PM
The owners of three dogs killed by Detroit police during a marijuana raid can sue the officers who shot the dogs for civil rights violations under 42 USC §1983, the 6th U.S. Circuit Court of Appeals has ruled.
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Posted: May 9, 2018, 11:45 AM
The Michigan Supreme Court heard oral arguments in the case of Bertin v Mann, Docket No. 155266, on Wednesday, April 25, 2018. Instead of hearing arguments in its standard Lansing courtroom, however, the Court held the arguments at Lake Superior State University in front of an audience of approximately 500 students. This is the first time the Supreme Court held court in the Upper Peninsula.
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Posted: Dec 22, 2017, 4:25 PM
Charging Lien: Discharged attorneys may obtain a charging lien, which “is an equitable right to have the fees and costs due for services secured out of the judgment or recovery in a particular suit.” George v Sandor M Gelman, PC, 201 Mich App 474 (1993).
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Posted: May 23, 2017, 5:20 PM
Michigan Court of Appeals reversed and remanded the case of Yu v Farm Bureau, Docket 331570, to the lower court to enter a judgment in favor of Plaintiff Yu on the issue of coverage and to proceed to determine damages.
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Posted: Nov 7, 2016, 3:10 PM
Bail bond agencies act as surety for bonds for compensation in criminal cases in Michigan. Without them, our jails would be more over-crowded. The agencies can, however, seek return of funds under two statutes, MCL 765.28 and MCL 600.4835. The Michigan Court of Appeals clarified the relationship of the two in Calvert Bail Bond Agency, LLC v County of St. Clair, COA No. 324824.
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Posted: Aug 1, 2016, 10:20 AM
The Michigan Court of Appeals (COA) concluded that the equitable-parent doctrine does not extend to unmarried couples, whether heterosexual or same-sex couples. And, because the doctrine doesn’t apply, Plaintiff Michelle Lake does not have standing to seek parenting time with the child. Therefore, the COA remanded the matter back to the trial court for entry of an order granting summary disposition in the defendant’s favor. Judge Douglas B. Shapiro wrote a concurring opinion, stating the circumstances where he could see a different outcome
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Posted: Apr 29, 2016, 11:25 AM
A Grand Rapids ordinance that prohibits the use of a premises “which shall destroy the peace and tranquility of the surrounding neighborhood” is unconstitutionally vague, the Michigan Court of Appeals has ruled in a published opinion.
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Posted: Oct 16, 2015, 10:25 AM
In a short published opinion, Francescutti v Fox Chase Condominium Association, Docket No. 323111, issued October 15, 2015, the Court of Appeals clarified an issue of first impression
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