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Posted: May 9, 2017, 7:50 PM
The Michigan Association for Justice published an article by Liisa Speaker
Posted: Apr 28, 2017, 3:40 PM
According to a recent (1-27-2017) opinion of the US Court of Appeals, 6th Circuit (D.O.; A.O.;R.O. v Glisson, Sec. Cabinet for Health and Family Services, ___US____, No.16-5461 (6th Circuit 2017), reversing a district court’s decision, the Federal Child Welfare Act creates a private right to foster-care maintenance payments enforceable by a foster parent under 42 U.S.C. Sec. 1983.
Posted: Apr 28, 2017, 2:55 PM
The Michigan Court of Appeals, in its decision (Hrapkiewiczv WSU Bd of Directors, No, 328215, 330189) affirming two lower court judgments granting money damages and attorney fees in an age discrimination case under the Elliot-Larsen Civil Rights Act (ELCRA. MCL 37.2101), reviews the elements needed to prove an age discrimination case. The dissent by Hon. Debra A. Servitto argues that because age was not discussed by the decision-makers, there was no prima facie case and the lower court decision should be reversed.
Posted: Apr 19, 2017, 5:30 PM
Buck was convicted of capital murder for killing his ex-girlfriend and her friend in 1995. At the time, Texas law required a jury to find beyond a reasonable doubt that a defendant was likely to commit future acts of violence that made him a continuing danger to society before imposing the death penalty.
Posted: Apr 12, 2017, 3:35 PM
The Michigan Court of Appeals has held that unpaid discovery sanctions imposed against a party prior to the case evaluation hearing are still enforceable despite the parties’ acceptance of the case evaluation award. Brown v Farm Bureau Ins, unpublished opinion per curiam of the Court of Appeals, issued March 28, 2018 (Docket 331893).
Posted: Apr 10, 2017, 11:05 AM
Michigan Probate and Estate Planning Journal
Posted: Apr 3, 2017, 2:35 PM
The March 2017 Michigan Family Law Journal
Posted: Mar 29, 2017, 10:25 AM
Michigan Court of Appeals (MCOA) in Kevin Smith v City of Flint, No. 320437, a for publication opinion, affirms lower court grant of summary disposition on Plaintiff’s claim under the Whistleblowers’ Protection Act (WPA) MCL 15.361 et seq.
Posted: Mar 20, 2017, 9:25 AM
The Michigan Court of Appeals reversed the lower court decision terminating the father’s rights to his child because of the termination of his rights to two children in the past (MCL 712.19b (3)(l)—termination where parent’s rights to another child have been terminated.)
Posted: Mar 15, 2017, 2:10 PM
In this veterinary malpractice case, Elvin v Gubert, DVM, No. 326563 and 326566, the Michigan Court of Appeals held that the trial court did not err in calculating damages, instructing the jury, or determining sanctions.
Posted: Mar 10, 2017, 10:00 AM
Speaker Law Firm received its second published opinion of the week
Posted: Mar 6, 2017, 10:45 AM
In Fry v. Napoleon Community Schools, Docket No. 15–497, the U.S. Supreme Court examined a disability-based discrimination claim brought by a Michigan student against a public school.
Posted: Mar 1, 2017, 10:15 AM
Tuesday, February 28th we had a double Victory Day at the Speaker Law Firm.
Posted: Feb 22, 2017, 4:00 PM
To understand these three inter-related appeals, Cassidy v Cassidy and Hansen, No. 328004, No. 328024 and Cassidy v Cassidy, No. 333319, we first must state the facts of this not-so-simple divorce matter.
Posted: Feb 10, 2017, 1:10 PM
In Washington v Trump, the 9th circuit court of appeals declined to grant a stay of the federal district court’s order. In doing so, the court had to review the likelihood that the executive branch would succeed on the merits.
Posted: Jan 30, 2017, 5:00 PM
The Court of Appeals' jurisdiction in post judgment custody appeals has long been a vexing area for family law attorneys.
Posted: Jan 23, 2017, 6:42 PM
hen driving your golf cart on a golf course, ordinary negligence is the standard of care and not the “reckless misconduct” standard applicable to recreational activities according to the Michigan Court of Appeals in Bertin v Mann, No.328885.
Posted: Jan 10, 2017, 1:05 PM
The Court of Appeals vacated three protective orders issued by Genesee Circuit Judge Geoffrey Neithercut that prevented the Michigan Department of Human Services (DHHS) from accessing McClaren-Flint Hospital medical records in Departmentof Healthand Human Services v Genessee CircuitJudge No. 334491. In this action for superintending control, the COA held that the circuit court lacked legal authority to issue the protective orders and the orders were an abuse of Judge Neithercut’s discretion
Posted: Dec 28, 2016, 11:20 AM
MCL 765.28(1) and MCR 3.604(I)(2) do not conflict. The statute (MCL 765.28 (1)) is the procedure for providing a surety notice of default. The court rule (MCR 3.604(I)(2), however, is the procedure to provide notice of hearing on a motion for a judgment. “These are two separate and distinct events. A default must be entered prior to a hearing to enter judgment on the default.”
Posted: Dec 19, 2016, 10:00 AM
If you’re curious about frivolous defenses and vexatious appeals, the case of Miller v Blue CrossBlue Shield Michigan, No: 326300, unpublished, is worth a read.
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