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Posted: Sep 26, 2017, 3:45 PM
In the case of Shimel v. McKinley, (DocketNo. 329144), the Michigan Court of Appeals remanded the matter to the trial court because the order changing the child’s school district altered the joint-custodian’s parenting time from every other week to alternating weekends and resulted in a change in the child’s custodial environment which requires the moving party to prove by clear and convincing evidence that the change was in the child’s best interests.
Posted: Sep 21, 2017, 11:30 AM
A divorce judgment has been entered, with a retirement plan involved. How long do the parties have to enter their QDRO (qualified domestic relations order) to effectuate the division of the retirement accounts?
Posted: Sep 12, 2017, 8:10 AM
Adoption attorneys and adoption agencies laud the Court of Appeals published decision in “the Adoption Trilogy,” In Re MJG and In Re BGP/JSP. (See July 12, 2017 blog - Adoption Trilogy secures the future of direct placement adoptions in Michigan). However, there are a few weak spots to the Court of Appeals' analysis, and provides something to keep in mind for future cases.
Posted: Aug 28, 2017, 4:50 PM
The Michigan legislature is trying to pass legislation called the Michigan Shared Parenting Act, HB 4691, http://www.legislature.mi.gov/(S(2bjmoemzoxqbnuuhgn2vbgxb))/mileg.aspx?page=GetObject&objectname=2017-HB-4691, which completely throws out over 30 years of statute and case law, and favors consistency (in the form of joint custody for all cases) over the best interests of the children.
Posted: Aug 2, 2017, 3:55 PM
The Michigan Court of Appeals, in Hund v Hund, No.334313, a divided opinion, affirmed a lower court order that denied defendant-mother’s request to change the legal residence of the child, OMH, to Canada while granting plaintiff-father’s motion for primary physical custody. The dissenting opinion, written by Hon. Michael Gadola, argued that a change of domicile to Canada was warranted and that the lower court abused its discretion by granting the father’s motion for change of custody.
Posted: Jul 28, 2017, 9:35 AM
The Michigan Court of Appeals (MCOA) vacated and remanded the trial court’s order in Fante v Nova, Nos. 334735, 336085 saying of the changes made in this custody dispute that were not a short removal, even though classified as "temporary".
Posted: Jul 24, 2017, 12:00 PM
Michigan Court of Appeals, in People v Killich, No. 329941, held that the Juvenile Code doesn’t allow for the imposition of a flat rate probation supervision fee, and vacated the trial court order imposing the fee and remanded for a corrected order of disposition.
Posted: Jul 17, 2017, 5:10 PM
The term Cat’s Paw comes from an old fable in which a conniving monkey convinces a cat to reach into a fire to get roasting chestnuts. The cat is duped, burns its paw and the monkey enjoys the chestnuts with no harm. In the employment discrimination context, ‘cat’s paw’ refers to a situation in which a biased subordinate, who lacks decision making power, uses the formal decision maker as a dupe in a deliberate scheme to trigger a discriminatory employment action.” (EEOC v. BCI Coca-Cola Bottling Co. of Los Angeles,) 450 F.3d 476, 484 (10th Cir. 2006).
Posted: Jul 12, 2017, 2:30 PM
We don’t think we are exaggerating the significance of two published opinions released by the Court of Appeals yesterday in In re MJG (Docket 332928) and In re JSP/In re BGP (Dockets 333700, 333813).
Posted: Jul 7, 2017, 4:00 PM
This week's Michigan Lawyer's Weekly issue covered the recent Speaker Law Firm published victory in Geering v Geering.
Posted: Jul 3, 2017, 8:45 PM
From the Michigan Lawyers Weekly July 3, 2017
Posted: Jun 30, 2017, 12:45 PM
Happy Independence Day from Speaker Law Firm!
Posted: Jun 27, 2017, 2:50 PM
On June 15, 2017, the Michigan Supreme Court decided Kemp v Farm Bureau General Insurance Company of Michigan (Docket No. 151719), a case concerning a plaintiff’s claim for personal injury benefits when he was injured while unloading items from his vehicle.
Posted: Jun 22, 2017, 7:10 PM
The Supreme Court released updated court rules for probate appeals, to accommodate the major legislative changes from 2016. Effective September 27, 2016, all orders from the probate courts are appealable to the Court of Appeals. MCL 600.683.
Posted: Jun 14, 2017, 1:40 PM
The COA issued another published opinion in a grandparenting time case. Geering v Robinson, issued June 13, 2017 (Docket 335794). In that case, the parents had divorced.
Posted: Jun 7, 2017, 10:10 AM
In this case of consolidated appeals of denial of motions to quash their bind-overs to Eaton Circuit Court on charges of owning a dangerous animal, People v Ridge, No. 333790 and People v Olney, No. 333791, the Michigan Court of Appeals reversed and remanded for entry of an order quashing the bind-overs.
Posted: Jun 2, 2017, 3:50 PM
In this case of consolidated appeals, People v Thomas, No. 329448 and People v Gordon, No. 329449, the Michigan Court of Appeals affirms the case against Clifford Thomas but vacates Jasmine Gordon’s conviction and remands for a new trial due to the ineffective assistance of Gordon’s counsel.
Posted: May 23, 2017, 5:20 PM
Michigan Court of Appeals reversed and remanded the case of Yu v Farm Bureau, Docket 331570, to the lower court to enter a judgment in favor of Plaintiff Yu on the issue of coverage and to proceed to determine damages.
Posted: May 19, 2017, 10:25 AM
Kevin Stokes was awarded the Young Lawyers Section Rookie of the Year award
Posted: May 17, 2017, 4:55 PM
The Michigan Court of Appeals in Estate of Aaron Reid v ThomasWalker, No. 328587, reversed the circuit court’s summary disposition ruling as to one defendant and affirmed as to two others in an appeal involving the death of bicyclist. The dissenting judge, Judge Peter O’Connell wrote a dissenting opinion affirming the entire circuit court’s opinion.
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