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Posted: Jun 13, 2018, 11:00 AM
A trial court should not have dismissed the plaintiff’s no-fault case with prejudice because of the plaintiff’s “unavailability,” which stemmed from the fact that he was arrested on an outstanding warrant on the first day of trial, the Michigan Court of Appeals has ruled.
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Posted: Jun 7, 2018, 10:40 AM
In In re Piland Minors (Docket No. 340754), the mother gave birth to the couple’s third child on February 6, 2017. The couple opted for a home birth, with the assistance of a midwife. The day after the baby was born, the midwife told the parents that the baby was suffering from jaundice. The parents did not take the baby to the doctor, electing to pray for the baby’s good health instead. Three days after she was born, the baby died.
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Posted: Jun 1, 2018, 3:30 PM
An appeal involving the entry of a personal protection order (PPO) is not moot just because the PPO expired while the appeal was pending, the Michigan Supreme Court has ruled. In TM v MZ (Docket No. 155398, decided 5/18/18), the Court of Appeals had concluded the appeal on the PPO was moot because the case was argued after the PPO had expired.
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Posted: May 29, 2018, 10:30 AM
In a case where the respondent-mother’s parental rights had been terminated, the Michigan Court of Appeals held that her appeal was not moot, even though the child died while the appeal was pending. The reason? Because the respondent-mother faced “collateral legal consequences” as a result of the parental rights termination.
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Posted: May 21, 2018, 10:40 AM
The Michigan Court of Appeals has reaffirmed that circuit courts have exclusive jurisdiction over civil rights claims brought under the Elliott-Larsen Civil Rights Act (ELCRA), regardless of the dollar amount that’s involved.
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Posted: May 16, 2018, 1:40 PM
The 11th U.S. Circuit of Appeals recently took several defense lawyers to task in a published opinion, chastising them for persuading the federal district court to defy the 11th Circuit’s remand instructions in the case.
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Posted: May 11, 2018, 1:00 PM
Although there was no parenting-time order in place when a grandmother was named the legal guardian of her three grandchildren, the trial court must consider the biological father’s request for a parenting-time plan, in order to protect his parental rights and promote a relationship with him, the Michigan 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: Apr 27, 2018, 11:30 AM
Two recent Michigan Court of Appeals decisions, if not reversed, may end up hindering direct placement adoptions in Michigan. The rulings in In re MGR, Minor and In re LMB, Minor are concerning for prospective adoptive parents because they allow putative fathers to stop an adoption in its tracks, simply by obtaining an order of filiation from the trial court.
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Posted: Apr 20, 2018, 12:00 PM
A trial court properly took jurisdiction over a mother’s three children after she allegedly coerced one of them into a gender role with which the child did not identify, the Michigan Court of Appeals has ruled, finding that the mother’s actions constituted “abuse.”
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Posted: Apr 16, 2018, 3:10 PM
An employer should not have denied an employee’s request to telecommute during the final 10 weeks of her pregnancy because the request was a “reasonable accommodation” under the Americans with Disabilities Act (ADA), the 6th U.S. Circuit Court of Appeals has ruled.
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Posted: Apr 3, 2018, 9:49 PM
A recent Georgia Court of Appeals decision resolves a two-year-long jurisdictional dispute between spouses regarding whether, under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), their custody case should proceed in Michigan or Georgia.
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Posted: Mar 26, 2018, 9:47 PM
Discrimination based on a person’s transgender status is discrimination based on sex and is prohibited under Title VII of the Civil Rights Act of 1964, the 6th U.S. Circuit Court of Appeals has ruled.
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Posted: Mar 21, 2018, 5:39 PM
It was unconstitutional to retroactively apply Michigan’s Sex Offender Registration Act (SORA) to a defendant who, at age 19, had pleaded guilty to a sex offense under a state diversionary statute, the Michigan Supreme Court has ruled.
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Posted: Mar 14, 2018, 5:58 PM
The three-year time limit for filing a paternity challenge under the Revocation of Paternity Act (RPA) does not apply when the presumed father raises the issue in a divorce action, the Michigan Court of Appeals has ruled.
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Posted: Mar 9, 2018, 6:01 PM
The Texas Court of Appeals in El Paso issued an astounding but much deserved opinion in a criminal case, Morris v Texas,_ SW3d _(Feb. 28, 2018). In that case, a criminal defendant had been convicted of soliciting the sexual performance of a child. Apparently before the criminal trial, the trial judge had decided to make the defendant wear a stun belt. It appears that the defendant had also previously filed a lawsuit against that judge and also against his defense attorney.
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Posted: Mar 5, 2018, 2:15 PM
A trial court erroneously used a “preponderance of the evidence” standard to determine it was in the child’s best interest to change the established custodial arrangement, the Michigan Court of Appeals has ruled in a 2-1 decision that may create more confusion as to how to apply the burden in custody cases.
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Posted: Feb 27, 2018, 2:00 PM
Same-sex couple. Domestic partnership declared. Donor insemination contract. Two children born during the relationship. Domestic partnership terminated. Custody and parenting-time dispute.
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Posted: Feb 23, 2018, 11:30 AM
In this termination case, In re Jones, Minors, No. 336271, the Department of Health and Human Services (DHHS) appealed the Oakland County Circuit Court’s order dismissing the petition to adjudicate and terminate the parental rights of the respondent-mother to her three minor children.
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Posted: Feb 20, 2018, 12:30 PM
In a case out of Oakland County, Elkins v Benner, Nos 331701, 332664, 333114, the plaintiff Elkins argued the alter-ego rule to make the defendant Nancy Benner, spouse, responsible for her ex-husband/disbarred attorneys’ failure to pay the agreed upon referral fee. The defendant filed a motion for summary disposition.
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