Appeals Court: Trial Court Must Re-Examine Dissipation Of Marital Assets Issue
In this divorce action, the COA affirmed the discovery sanctions that were imposed but remanded the case for the trial court to address various marital asset issues.
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.
Trial Court Wrongly Nixed Plaintiff’s Med-Mal Experts As Discovery Sanction
A trial judge should not have stricken a plaintiff’s expert witnesses as a sanction for violating discovery orders, the COA has ruled, finding that the sanction was too harsh.
Pre-Case Evaluation Sanctions Enforceable Despite Accepted Case Evaluation Award
The COA has held that unpaid discovery sanctions imposed against a party prior to the case evaluation hearing are still enforceable despite the parties’ acceptance.
COA Publishes Prescription for Privacy
The COA issued a published opinion addressing application of federal law (HIPAA) and state law of physician-patient privilege to discovery requests for non-party patient information.
Getting Away With Murder
In a travesty of justice, the Michigan Supreme Court ruled on July 25 that the discovery rule is no longer applicable to wrongful death actions--even if it was impossible to bring the suit within three years of the death.