Speaker Law
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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.
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.
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.”
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Posted: Feb 13, 2018, 10:30 AM
The US Court of Appeals for the Sixth Circuit reversed the Middle District of Tennessee’s denial of defendant Circle C’s motion for attorney fees and sent the case back for an award of legal fees and expenses related to the trial and appeal of the government’s “excessive” damages demand. The case is United States ex rel. Wall v Circle C Construction, LLC, No. 16-6169 and is before the court for the third time.
Posted: Feb 7, 2018, 12:55 PM
A defendant could not claim the mediation agreement he signed during his divorce proceedings was unenforceable based on perceived procedural mistakes when it was clear that he “simply regretted making the agreement,” the Michigan Court of Appeals has ruled.
Posted: Jan 30, 2018, 10:30 AM
In the case of In re Conservatorship of Rhea Brody, No. 332994, the Michigan Court of Appeals (MCOA), affirmed the lower court’s appointment of a conservator over Rita Brody, an adult, under the Estates and Protected Individuals Code (EPIC) MCL 700.5101 et seq.
Michigan Supreme Court States New Process to Determine “proximate cause” under GTLA - Is it Clearer?
Posted: Jan 24, 2018, 10:30 AM
The case of Ray v Swager, No: 322766, came to the Michigan Court of Appeals (MCOA) on remand from the Michigan Supreme Court. In the first appeal to the MCOA, Eric Swager appealed the trial court’s denial of his motion for summary disposition. The MCOA reversed the trial court’s decision and remanded for entry of summary disposition in Swager’s favor based on the conclusion that reasonable minds could not conclude that Swager was “the proximate cause” of plaintiff Ray’s injuries.
Posted: Jan 18, 2018, 11:00 AM
Kevin Clark and Erica Kosinski had a child together. Their tumultuous relationship ended in a child custody dispute. During that time, Clark found listening devices and GPS tracking devices concealed in the child’s clothing during his parenting time.
Posted: Jan 15, 2018, 12:00 PM
In In re Miller Minors, newborn twins were born at the hospital, where the mother surrendered them. As permitted by the statute, the mother (Surrendering Parent) did not identify the father. Pursuant to the statute, the hospital social worker attempted to learn as much as she could about both the surrendering parent and non-surrendering parent-again where the surrendering parent is not required to give any information. The hospital contacted an adoption agency, who placed the twins with prospective adoptive parents.
Posted: Jan 9, 2018, 2:30 PM
A defendant must understand their plea before it can be entered in front of the court. With juveniles, MCR 3.941(C) says “the court shall tell the juvenile: the possible dispositions.” At a very basic level this means that the defendant must understand the consequences of what will come as a result of their plea.
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