Speaker Law
Blog
Posted: Jul 24, 2008, 8:50 AM
Recently, the Court of Appeals took on an interesting battle between attorney and former client in Seyburn v Bakshi (Docket No. 272903), where Law Firm was suing its Former Client for unpaid legal fees. Law Firm represented Former Client in multiple cases and lost the trial court litigation and one appeal for Former Client. After paying $92,000 in legal fees, Former Client ceased payment and eventually accrued over $55,000 in legal fees owed to Law Firm. The unpaid fees, not surprisingly, resulted in conflict between the two men and Law Firm moved to withdraw as Former Client’s counsel. The motion to withdraw was granted in September 1993.
Posted: Jul 3, 2008, 11:00 AM
In Estes v Titus, a woman brought a wrongful death suit against the man who killed her husband. She obtains a judgment but when it came time to collect the wrongful death judgment, the man was in prison for the murder with no assets (because he had transferred all of his assets to his wife when they divorced after the wrongful death suit began).
Posted: May 28, 2008, 3:55 PM
The Court of Appeals prohibited a trial attorney from recovering additional fees for his work in the appeal to the Court of Appeals in Reed v Breton.
Posted: May 16, 2008, 5:55 PM
n re Orozco Minors , a rare published termination of parental rights case, the COA reversed a decision of the Macomb County Family Court terminating respondents’ parental rights when they were deported to Guatemala.
Posted: Apr 25, 2008, 1:05 PM
In the case In re Michael Robert Benbow III, Minor, the COA reversed an order of the Clinton County Family Court terminating a father’s parental rights in a step-parent adoption case.
Posted: Apr 18, 2008, 11:00 AM
In Powery v Wells, the COA affirmed a trial court’s order changing custody of a minor child based on the mother’s move from Ludington to Traverse City.
Posted: Mar 26, 2008, 3:55 PM
In Berger v. Berger, a Defendant-father appealed from a judgment of divorce to the
Michigan Court of Appeals following a Trial Court ruling that the Plaintiff-mother was to receive custody of the parties two children as well as a 70/30 division of marital property.
Posted: Mar 3, 2008, 1:50 PM
In DHS v Holm, the Court of Appeals reversed a decision terminating respondent’s parental rights after holding that the trial court improperly exercised jurisdiction.
Posted: Feb 27, 2008, 9:30 AM
Four female employees sued Anheuser-Busch arising from sexual harassment claims against a male employee (Robinson) occurring over Robinson’s ten-year span of employment. Each time, the employer investigated the claims internally by interviewing the women and Robinson. After the first reported incident Anheuser tried to fire Robinson but was unable to due to union opposition under the collective bargaining agreement. The investigations never resulted in punishment until Robinson was finally terminated in 2003. The District Court granted summary judgment in Hawkins v Anheuser-Busch, holding that none of the women provided sufficient evidence to establish that the alleged harassment was sufficiently severe or pervasive to create a hostile work environment and that no reasonable juror could conclude the employer knew or should have known of the male employee's harassment or that the employer failed to take prompt action.
Posted: Feb 20, 2008, 2:30 PM
What was this defendant thinking?
Posted: Feb 13, 2008, 11:10 AM
The Michigan Supreme Court has re-confirmed "equitable tolling" for delayed applications for leave to appeal in the Court of Appeals in Beavers v Barton Malow (on Remand) (Docket 269007). In that case, the appellant's case had been previously dismissed for failure to timely file appellant's brief and the court reporter certificate. The appellant filed an application for leave to the Supreme Court, which was denied.
Posted: Jan 25, 2008, 5:10 PM
In Surman v. Surman, the trial court allowed a 12-year-old boy to testify in open court during a custody trial regarding what type of abuse had occurred between the child and his father.
Posted: Jan 9, 2008, 12:15 PM
On January 8, 2008, the Court of Appeals issued a published opinion analyzing Section 287.351 of the dog bite statute in Koivisto v Davis.
Posted: Dec 28, 2007, 5:10 PM
In lieu of granting Defendant’s application for leave in a case involving the murder of a four-year old child, the MSC issued a memorandum opinion in People v Michael William Stamper, on December 27, 2007.
Posted: Nov 18, 2007, 2:00 PM
In a case of first impression that has brought Michigan national attention, the Court of Appeals affirmed Ingham County Circuit Court's (Judge Collette) decision that rendered Michigan's new election law unconstitutional. The State of Michigan brought Grebner v State of Michigan as an emergency appeal and the Court issued its opinion on November 16, 2007 (Judges Meter and Owen in the majority, Judge Whitbeck dissenting).
Posted: Nov 7, 2007, 9:50 AM
The Court of Appeals recently decided that a man could bring a hostile work environment claim based on the conduct of another male co-worker in Robinson v Ford Motor Co (published on 10/30/07). In Robinson, a co-worker/defendant at Ford Motor Company described his conduct as sexual horseplay by a heterosexual male. This “sexual horseplay” included slapping plaintiff on his buttocks, pinching his nipples, exposing his testicles to another co-worker while grasping plaintiff’s hand and attempting to make plaintiff touch them. You'll have to read the opinion for more of the salacious details.
Posted: Nov 6, 2007, 11:00 AM
On August 9, 2007, the Michigan Court of Appeals released an unpublished opinion reversing an order terminating parental rights.
Posted: Oct 18, 2007, 9:00 AM
In Brinkley v Brinkley, the Court of Appeals rejected appellants' argument that MCL 722.27b(5) unconstitutionally violates grandparents; due process and equal protection rights. The statutory provision grants deference to the decisions of the biological parents by providing that a grandparents' complaint or motion seeking visitation must be dismissed where two fit parents sign an affidavit opposing visitation.
Posted: Oct 11, 2007, 10:00 AM
In People v McNeil, an unpublished per curiam opinion of the Michigan Court of Appeals, decided October 4, 2007, the Court of Appeals found that the trial court had abused its discretion by granting the defendant a downward departure from the sentencing guidelines for reasons that were not substantially compelling.
Posted: Sep 20, 2007, 5:00 PM
On September 11, 2007, the Court of Appeals issued a published decision regarding attorney contempt and sanctions in DeGeorge v Warheit.
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