Trial Court Erred By Denying Partial Summary Disposition Under No-Fault Act Amendments
The trial court erred in failing to grant partial summary disposition on the issue of the 2019 amendments to the No-Fault Act, the Court of Appeals reversed.
Court of Appeals Clarifies that the Safe Delivery of Newborns Law Provides a Mechanism to Establish Legal Parenthood
The trial court correctly determined that a nonsurrendering parent who establishes a 99.99% probability of paternity and obtains summary disposition on the issue of paternity is a legal parent under the Safe Delivery of Newborns Law (SDNL).
Trial Court Improperly Granted Summary Disposition
In addition to improperly granting summary disposition, the Trial Court legally erred in finding that the objection to sharing of referral fees under MRPC 1.5(e) was timely.
Attorney Referral Fee Case Was ‘Prematurely’ Dismissed
Summary disposition was prematurely granted to the defendant in this dispute over attorney referral fees because discovery “had not begun in earnest”.
Appeals Court: Schools Can Be Sued For Student-On-Student Sexual Harassment
School districts can be held liable under ELCRA for creating a hostile educational environment arising from student-on-student sexual harassment, the Michigan COA has ruled for the first time.
Plaintiff Cannot Pursue Fraud, Unjust Enrichment Claims Against Ex-Girlfriend
Trial court ruled that plaintiff didn’t have an interest in the home purchased by the defendant and the defendant’s inheritance, the Michigan Court of Appeals has ruled.
Statements To Probate Court Were Privileged, Tort Lawsuit Dismissed
The defendants were properly granted summary disposition, because they were governmental employees who were entitled to quasi-judicial immunity.
MSC: Lawyer’s Remarks Before Mediation Are ‘Confidential Communications’
An attorney’s alleged defamatory statements to another lawyer while waiting for a court-ordered mediation conference to begin were confidential mediation communications.
No Confidentiality For Lawyer’s Alleged Defamatory Remarks
The trial court in this defamation case erred by striking an attorney’s affidavit and precluding the attorney from testifying.
Dog Not ‘Provoked’ To Bite Boy: Plaintiff Should’ve Been Granted Summary Disposition
The trial court in this dog-bite case improperly granted summary disposition to the animal’s owners, because the dog was not provoked by the victim.
Failure to Disclose Possible Personal Injury Claim in Previous Bankruptcy Action Results in Dismissal of the Personal Injury Suit
Because of a failure to disclose a possible personal injury claim in a pending bankruptcy action, the defendants’ motion for summary disposition.
COA Strictly Construes MCL 600.2591 and Sanctions Attorney
In In re Moore, an interested party in a probate estate alleged that the personal representative provided fraudulent misinformation about the legal obligation to repay a mortgage loan secured by a mortgage on real property.
The Case of the Pink Diamond Could Have Jeweler Seeing Red
In Harris vs. J.B. Robinson Jewelers, a published opinion, the Sixth Circuit Court of Appeals reversed the District Court's Opinion granting Defendant, J.B. Robinson Jewelers, summary disposition.
Common Sense Prevails; Only Explanation for Ladder in Road is That it Fell Off a Motor Vehicle
Common sense prevailed in the published COA opinion of Dancey v Travelers Property Casualty Co. In that case, a motorist was injured in single-vehicle accident after her vehicle hit a ladder lying in the roadway.
COA Holds City Not Entitled to Immunity from Residents' Waste Woes
The COA held that the county was not entitled summary disposition based on governmental immunity because the sewage exception to immunity applied even where the plaintiffs failed to expressly comply with notice requirements
Court's Decision May Tie Hands of Appellate Practitioners
The COA issued a published opinion in Barnard Manufacturing v Gates Performance Engineering, which could cause problems for many appellate attorneys appealing trial court orders on summary disposition.