Blog | Speaker Law
phone icon email icon
(517) 482-8933

Speaker Law
Blog

#
Posted: Mar 26, 2010, 9:40 AM
In Dybata v Wayne County, a published opinion, the COA held that the county was not entitled summary disposition based on governmental immunity because the sewage exception to immunity applied even where the plaintiffs failed to expressly comply with notice requirements.
Read More
#
Posted: Feb 3, 2010, 9:20 AM
In People v Dowdy, the Court of Appeals issued a published opinion interpreting SORA -- the Sex Offender Registry Act.
Read More
#
Posted: Dec 23, 2009, 3:35 PM
The COA released a published opinion providing some clarification on whether paternity actions can ever take precedence over adoption proceedings. In MKK, Minor, the COA reversed the trial court's order denying the putative father's motion to stay adoption proceedings pending resolution of his paternity action. The COA also reversed the trial court's order denying him custody of the minor child.
Read More
#
Posted: Dec 17, 2009, 10:10 AM
The Michigan Supreme Court granted leave in Foster v Wolkowitz.
Read More
#
Posted: Dec 4, 2009, 11:05 AM
In Vulaj v Vulaj, the Court of Appeals held that the plaintiff-husband waived his right to challenge the arbitrator's failure to comply with the Domestic Relations Arbitration Act, MCL 600.5070.
Read More
#
Posted: Nov 19, 2009, 3:45 PM
To an attorney who does not make a living writing briefs, the recent COA decision in In re D.A.S., Minor, will almost surely go unnoticed. Yet those of us who toil in the appellate arena should see it as a glaring reminder that the quality of our representation is judged almost solely on our briefing........and it better be good!
Read More
#
Posted: Oct 30, 2009, 2:10 PM
In a published decision, the Court of Appeals found that the Kent County Circuit Court erred in terminating a mother's parental rights under MCL 712A.19b(3)(l), where the mother had voluntarily released her rights to a different child under the Adoption Code.
Read More
#
Posted: Oct 21, 2009, 2:50 PM
In a September 30, 2009 opinion, Washtenaw County Family Court Judge, Hon. Darlene O'Brien, called into question the constitutionality of SORA's application in juvenile cases. Specifically, O'Brien reasoned the mandatory reporting requirement as applied to juveniles does not serve a legitimate purpose given the most current evidence indicating a low recidivism rate for juvenile sex offenders in light of the overall purpose of juvenile law: rehabilitation not punishment.
Read More
#
Posted: Oct 15, 2009, 1:40 PM
In Fries v Mavrick Metal Stamping, Inc, et al, the Michigan Court of Appeals affirmed the trial court's decision denying defendants' motion for summary disposition under MCR 2.116(C)(10) in a published opinion.
Read More
#
Posted: Sep 1, 2009, 10:50 AM
The Court of Appeals issued a published opinion in Barnard Manufacturing v Gates Performance Engineering, which could cause problems for many appellate attorneys appealing trial court orders on summary disposition.
Read More
#
Posted: Aug 21, 2009, 2:25 PM
In a long-awaited ruling among no-fault automobile practitioners, the Supreme Court granted leave in McCormick v Carrier (Docket No 136738)
Read More
#
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.
Read More
#
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.
Read More
#
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.
Read More
#
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.
Read More
#
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?
Read More
#
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.
Read More
#
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."
Read More
#
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).
Read More
#
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.
Read More

Subscribe to our blog

* indicates required
Do you have an appeal?
Let's find out!

Archived
Posts

Tags