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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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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.
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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.
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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.
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Posted: Mar 18, 2020, 9:15 AM
The plaintiff-mother and the defendant-father were married in 2013. They child was born in 2015. A judgment of divorce was entered by the Oakland County Circuit Court in April 2016. The divorce judgment provided that the parties shared joint legal custody of the child and the plaintiff had primary physical custody.
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Posted: Mar 4, 2020, 11:25 AM
In this case seeking relief under the Wrongful Imprisonment Compensation Act, the Michigan Supreme Court declined to hear the plaintiff’s appeal, thereby affirming that the plaintiff was not entitled to compensation for the nine years he spent in prison before being acquitted of sexual assault.
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Posted: Feb 26, 2020, 10:50 AM
A defendant convicted of criminal sexual conduct was entitled to a new trial because an unredacted recording of the defendant’s police interrogation was improperly admitted into evidence, the Michigan Supreme Court ruled in People v Tomasik.
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Posted: Jan 29, 2020, 10:55 AM
A trial court must examine whether terminating a mother’s parental rights was in the best interests of each child – including whether a guardianship with the maternal grandmother is appropriate for two of the children, the Michigan Supreme Court has ruled.
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Posted: Jan 22, 2020, 10:50 AM
In Demski (Docket No. 322193), the defendant mother gave birth to the child, MP, shortly after she married another man, Jeffrey Petlick, who was the child’s presumed father under Michigan law. After paternity testing determined that MP was the plaintiff’s biological daughter, the plaintiff filed a custody and parenting time action in the Berrien County Circuit Court.
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Posted: Nov 27, 2019, 9:35 AM
Adoption appeals frequently involve situations that require immediate action by the courts, which means emergency motions must be filed. Two recent adoption cases exemplify when such emergency motions are necessary: In re MGR and In re LMB.
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Posted: Jul 25, 2019, 3:50 PM
The parties, Plaintiff-Husband Richard W. Dorko and Defendant-Wife Shelby S. Dorko, were divorced in 2005. The court awarded Defendant-Wife half of the marital interest in Plaintiff-Husband’s retirement benefits and pension via a QDRO through his employment with General Motors.
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Posted: Jul 19, 2019, 9:15 AM
The case arose when the Department of Health and Human Services petitioned the Otsego Circuit Court, Family Division, to remove minor JF from her parents. The Department alleged that JF’s parents had failed to adequately attend to JF’s medical needs by missing several of her medical appointments; not refilling her prescription medications; and failing to provide adequate living conditions for JF.
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Posted: Jul 17, 2019, 11:10 AM
The plaintiff in Rivera v SVRC Industries, Inc. (Docket No. 341516) asserted the defendant violated the Whisteblowers Protection Act (WPA) when it laid her off shortly after she reported another employee’s conduct to supervisors and indicated she may report the conduct to police.
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Posted: Jul 3, 2019, 11:15 AM
The alleged facts that lead to the removal of Theresa Brennan began around the time she was first appointed to the bench in 2005. Although a district court judge, Brennan had been sitting by assignment in the Circuit Court Family Division.
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Posted: Jun 19, 2019, 9:10 AM
The defendant, Larry Mead, was a passenger in a vehicle that had been pulled over by Jackson Police Officer Richard Burkart for an expired license plate. Officer Burkart observed the defendant clutching a backpack on his lap. Both the defendant and the driver of the car told Officer Burkart the two had just met and that the driver was giving him (Mead) a ride.
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Posted: May 15, 2019, 4:06 PM
The fact that a “Solely for the Benefit” (SBO) trust (1) includes former assets of a spouse who is now institutionalized and (2) allows the trustee to make payments to the non-institutionalized spouse does not automatically make the SBO trust assets countable for purposes of determining the institutionalized spouse’s Medicaid eligibility, the Michigan Supreme Court has ruled.
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Posted: Mar 25, 2019, 3:00 PM
In People v. Mullins, the Court of Appeals held that while the defendant was neither a mandatory reporter of child abuse nor did she actually make the report of child abuse herself, she was still criminally liable for the false report. People v Mullins, 322 Mich App 151 (2017).
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