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Posted: Aug 18, 2009, 12:55 PM
In In re ALNW, Minor, the Court of Appeals reversed an order terminating parental rights to both parents of the minor child. When the child's mother, then 20 years-old, noticed a popping sound in the four month old's chest, she immediately called her doctor seeking advice. Since the child was not experiencing other symptoms, the doctor advised the mother to wait until the child's next check-up to have the child looked at. After x-rays revealed that the child had suffered several broken ribs, DHS became involved.
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Posted: Aug 14, 2009, 4:10 PM
In Vanderark v Vanderark, the Court of Appeals concluded the the trial court erroneously held that the plaintiff was the equitable parent of a minor child born to plaintiff's wife during the marriage. Plaintiff and Defendant married in 2002, but defendant began an affair in 2007. During the course of the affair, defendant conceived a child with her lover and the record showed that she never told plaintiff (her husband) that he was the child's father or that there was any uncertainty regarding the child's paternity.
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Posted: Jul 30, 2009, 1:30 PM
The Michigan Supreme Court and State Bar of Michigan recently teamed up to create a virtual courtroom. Now, oral arguments and administrative hearings can be viewed by anyone with internet access at http://www.michbar.org/courts/virtualcourt.cfm.
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Posted: Jul 24, 2009, 11:00 AM
In a published opinion, In re Hansen, the Court of Appeals affirmed the termination of respondent’s parental rights despite the fact that the trial court applied a best interest standard that was replaced by legislation effective in July 2008. The COA concluded that application of the out-dated and oft misunderstood “contrary to the best interest” of the minor child standard, although erroneous, yielded the correct result because a statutory ground for termination had been met and the child could not be left in limbo while waiting for her father to be released from prison.
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Posted: Jul 16, 2009, 2:00 PM
Have you ever wondered whether mandatory reporters will really be held to have civil liability if they fail to report suspected child abuse?
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Posted: Jul 10, 2009, 2:50 PM
In Teel v Allstate Insurance, 284 Mich App 660 (2009), the Court of Appeals held that Michigan does not recognize a cause of action for spoliation of evidence. In Teel, Plaintiff lost his wife in an apartment fire.
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Posted: Jun 8, 2009, 4:00 PM
In the much-anticipated decision regarding judicial recusal, the United States Supreme Court ruled in Caperton v Massey Coal Co. that the West Virginia Supreme Court justice who received $3,000,000 in campaign contributions from a person who had a case pending before the Court should have recused himself because there was a "serious, objective risk of actual bias."
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Posted: May 20, 2009, 3:55 PM
The Court of Appeals reversed a Michigan trial court's decision to recognize a foreign divorce in Tarikonda v Pinjari (unpublished decision).
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Posted: Apr 10, 2009, 5:35 PM
Over the years, I have observed that there are many times when the Court of Appeals in a published decision does not acknowledge a prior published opinion that is on point, or disagrees with a prior published opinion.
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Posted: Mar 24, 2009, 2:25 PM
In the recent case of In re Contempt of Henry, a published opinion of the Court of Appeals, the Court addressed a criminal contempt matter arising from appellant, attorney Kathy Henry’s, involvement with her brother, defendant Charles Henry’s, post-divorce judgment child support enforcement case.
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Posted: Feb 16, 2009, 4:25 PM
In Shannon v Foster Swift Collins & Smith, P.C., former clients brought a legal malpractice suit against the law firm and attorney who represented them in a real estate matter.
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Posted: Dec 17, 2008, 8:55 AM
The Supreme Court issued an order on the long-awaited non-refundable retainer case pending before it in Cooper v Attorney Grievance Commission. In that case, the client hired an attorney to represent her in a divorce action. The attorney charged a $4,000 nonrefundable retainer and her fee agreement with the client stated that the $4,000 was a “minimum fee.”
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Posted: Nov 24, 2008, 3:25 PM
You surely are familiar with the adage, "the man who represents himself has a fool for a client."
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Posted: Nov 14, 2008, 3:20 PM
Legal circles are abuzz with speculation about the possible impact the stunning election of Wayne County Circuit Court Judge Diane Hathaway will have on the Michigan Supreme Court and more importantly, Michigan Law.
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Posted: Oct 15, 2008, 5:00 PM
Getting stuck with joint liability for attorneys’ fees after a reversal in the COA is like being saddled with the dinner tab after a bad date--no fair.
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Posted: Sep 9, 2008, 8:15 AM
The Court of Appeals upheld Heidi's Law in People v Perkins. Heidi's Law is MCL 257.265 and increases the penalty for persons convicted of driving under the influence if the person has been convicted of the offense 3 or more times at any time, even though the statute of limitations is 10 years.
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Posted: Jul 24, 2008, 8:50 AM
Recently, the Court of Appeals took on an interesting battle between attorney and former client in Seyburn v Bakshi (Docket No. 272903), where Law Firm was suing its Former Client for unpaid legal fees. Law Firm represented Former Client in multiple cases and lost the trial court litigation and one appeal for Former Client. After paying $92,000 in legal fees, Former Client ceased payment and eventually accrued over $55,000 in legal fees owed to Law Firm. The unpaid fees, not surprisingly, resulted in conflict between the two men and Law Firm moved to withdraw as Former Client’s counsel. The motion to withdraw was granted in September 1993.
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Posted: Jul 3, 2008, 11:00 AM
In Estes v Titus, a woman brought a wrongful death suit against the man who killed her husband. She obtains a judgment but when it came time to collect the wrongful death judgment, the man was in prison for the murder with no assets (because he had transferred all of his assets to his wife when they divorced after the wrongful death suit began).
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Posted: May 28, 2008, 3:55 PM
The Court of Appeals prohibited a trial attorney from recovering additional fees for his work in the appeal to the Court of Appeals in Reed v Breton.
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Posted: May 16, 2008, 5:55 PM
n re Orozco Minors , a rare published termination of parental rights case, the COA reversed a decision of the Macomb County Family Court terminating respondents’ parental rights when they were deported to Guatemala.
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