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Posted: Dec 28, 2021, 2:20 PM
The Michigan Supreme Court is considering an amendment to Michigan Rule of Professional Conduct (MRPC) 1.8, seeking to clarify that arbitration provisions in retainer agreements are prohibited unless the client has independent counsel review the provision before signing the agreement.
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Posted: Nov 23, 2021, 3:45 PM
A trial court properly awarded the plaintiff-attorney more than $78,000 in legal fees for representing herself and her law firm in litigation with a former client, the Michigan Court of Appeals has ruled.
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Posted: Nov 17, 2021, 10:10 AM
The Michigan Court of Appeals has declared unconstitutional several portions of 2018 PA 608, the state’s ballot drive law. Judge Thomas C. Cameron authored a concurring opinion, saying he wrote separately “to examine the checkbox issue and underscore its constitutionality.”
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Posted: Nov 10, 2021, 9:40 AM
The defendant did not demonstrate that MCL 769.1k(1)(b)(iii) – the statute allowing trial courts to impose court costs in criminal cases – is unconstitutional on due process or separation of powers grounds, the Michigan Court of Appeals has ruled.
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Posted: Sep 8, 2021, 9:50 AM
The Michigan Supreme Court has let stand an appeals court decision holding that a grandmother should not have been appointed full guardian of her grandchildren.
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Posted: Aug 18, 2021, 10:20 AM
An attorney’s alleged defamatory statements to another lawyer while waiting for a court-ordered mediation conference to begin were confidential mediation communications, the Michigan Supreme Court has unanimously ruled.
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Posted: Jul 28, 2021, 10:10 AM
A Michigan trial court has been instructed to scrutinize whether a divorce settlement is unenforceable because the mediator in the case did not conduct the domestic violence screening required by court rule and state law.
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Posted: Jul 14, 2021, 10:25 AM
The Michigan Supreme Court is set to review the decision in In re Estate of Von Greiff, where a 2-1 Michigan Court of Appeals panel held that a widow qualified as her deceased husband’s surviving spouse for inheritance purposes, although she had filed for divorce more than a year before his death.
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Posted: Jun 23, 2021, 10:15 AM
A referring attorney must have an attorney-client relationship with the individual being referred in order for a fee-splitting agreement to be valid, the Michigan Supreme Court has unanimously decided.
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Posted: Jun 16, 2021, 11:50 AM
A trial court abused its discretion when it held that a court-appointed lawyer’s appellate fees were excessive and unreasonable, the Michigan Court of Appeals has ruled.
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Posted: Apr 28, 2021, 10:30 AM
The statute that permits Michigan trial courts to impose court costs on convicted criminal defendants is not unconstitutional on its face, the Michigan Court of Appeals has ruled.
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Posted: Apr 21, 2021, 11:10 AM
The Michigan Supreme Court has ruled that the Kalamazoo County Circuit Court improperly took jurisdiction over a father’s children and placed them in foster care because there was insufficient evidence of “educational neglect.”
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Posted: Apr 7, 2021, 10:10 AM
A trial court erred by denying the petitioner’s request for a personal protection order (PPO) based on the prior denial of a similar PPO request by the petitioner, the Michigan Court of Appeals has ruled.
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Posted: Mar 17, 2021, 10:25 AM
A defendant’s first-degree child abuse conviction must be vacated because defense counsel’s performance at trial was “deficient,” the Michigan Supreme Court has ruled.
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Posted: Mar 10, 2021, 10:50 AM
The trial court in this defamation case erred by striking an attorney’s affidavit and precluding the attorney from testifying, the Michigan Court of Appeals has ruled, finding the case should not have been summarily dismissed.
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Posted: Oct 13, 2020, 3:50 PM
The Kalamazoo Circuit Court properly assumed jurisdiction over the respondents’ children and placed them in foster care because a preponderance of the evidence demonstrated educational neglect, the Michigan Court of Appeals has ruled.
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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.”
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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.
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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.
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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.
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