Trial Court Erred By Not Stating ‘Specific Reasons’ For Denying PPO
Trial court didn’t comply with the statutory requirements for denying an ex parte PPO by “merely concluding” that the allegations were “insufficient” for relief, the Michigan COA has ruled.
Dismissal Not A Sanction For Plaintiff’s Untruthful Deposition Testimony
The plaintiff’s civil complaint should not have been dismissed after she allegedly gave false deposition testimony because dismissal was too harsh a sanction.
Defendant Acquitted After Retrial Not Entitled To Compensation From State
The Michigan SCT declined to hear the plaintiff’s appeal, thereby affirming that the plaintiff wasn’t entitled to compensation for the 9 years he spent in prison before being acquitted of sexual assault.
Supreme Court Rules Excessive Fines Clause of the 8th Amendment Applies to the States
A civil forfeiture action is an in rem action. Modern day civil asset forfeiture has grown far beyond anything the 16th and 17th century law makers could have imagined.
Board-Certified Cardiologist’s Affidavit Met Med-Mal Expert Requirements
A board-certified cardiologist satisfied the medical-malpractice expert witness requirements, even though the doctor’s specialty was not interventional cardiology.
Owners Of Dogs Shot During Raid Can Pursue Civil Rights Claims
The owners of 3 dogs killed by Detroit police during a marijuana raid can sue the officers who shot the dogs for civil rights, the 6th U.S. Circuit Court of Appeals has ruled.
Michigan Supreme Court Goes on the Road, Holding Oral Arguments for Golf Cart Case in Unprecedented Location
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.
It Pays to Check Your Math
Discharged attorneys may obtain a charging lien, which “is an equitable right to have the fees and costs due for services secured out of the judgment or recovery in a particular suit.”
Insurance Company Can’t Deny Benefits When They Take Your Money
The COA reversed and remanded the case of Yu v Farm Bureau, to the lower court to enter a judgment in favor of Plaintiff Yu on the issue of coverage and to proceed to determine damages.
How Bail Bond Agencies Can Recover Funds Under Michigan Statutes
Bail bond agencies act as surety for bonds for compensation in criminal cases in Michigan. Without them, our jails would be more over-crowded.
Unmarried Co-Parent Denied Standing in Michigan Visitation Suit
The Michigan Court of Appeals (COA) concluded that the equitable-parent doctrine does not extend to unmarried couples, whether heterosexual or same-sex couples.
Grand Rapids ‘Peace and Tranquility’ Ordinance is Declared Unconstitutional
A Grand Rapids ordinance that prohibits the use of a premises “which shall destroy the peace and tranquility of the surrounding neighborhood” is unconstitutionally vague.
Co-Owner of a Condominium has No Premises Liability Claim
The COA clarified an issue of first impression: whether a co-owner of a condominium unit has a claim sounding in premises liability against the condominium association.
Michigan Supreme Court Botches Domicile Analysis by Misapplying Family Law to Auto Accident Case
To decide a child's domicile for purposes of insurance coverage under the No-Fault Act, MCL 500.3114(1), the Michigan Supreme Court turned to family law in Grange Insurance v Lawrence.