Divorce Judgment Challenge Properly Dismissed For Lack Of Jurisdiction
In this suit contesting the validity of a divorce judgment, the trial court correctly held that it did not have subject-matter jurisdiction and, as a result, properly granted the defendant’s motion for summary disposition, the Michigan Court of Appeals has ruled.
Teacher ‘Voluntarily’ Resigned: Constructive Discharge Claim Properly Dismissed
The trial court properly dismissed the plaintiff-teacher’s constructive discharge claim against the defendant-school district and its human resources director because the teacher’s resignation was “voluntary,” the Michigan Court of Appeals has ruled.
Appeals Court: Ingham County Violated Michigan Takings Clause
Summary disposition wrongly granted to defendants, Ingham County and its treasurer, on the claim that an unconstitutional taking of property occurred.
U.S. Court of Appeals Says CPS Workers Have Qualified Immunity
In a suit regarding temporary removal of custody, the U.S. Court of Appeals found that CPS workers have qualified immunity where no clearly established statutory or constitutional rights exist.
MSU’s COVID-19 Vaccination Mandate Did Not Violate Employee’s Rights
Michigan State University’s COVID-19 vaccination policy neither violated the plaintiffs’ constitutional rights nor was it preempted by federal law, the 6th U.S. Circuit Court of Appeals has ruled.
6th Circuit: Requesting FMLA Time Off Is A ‘Protected Activity’
An employee’s request to take time off under the FMLA is a protected activity, regardless of whether the employee was actually entitled to the requested leave.
6th Circuit Decision In First Amendment Parody Case Appealed To U.S. Supreme Court
A First Amendment parody case decided earlier this year by the 6th U.S. Circuit Court of Appeals recently landed on the doorstep of the United States Supreme Court.
Lawyer’s Appeal Of Trial Court Recording & Broadcast Policy Is Denied
A federal court has refused to hear the appeal of a MI attorney who was charged with contempt after he screenshotted a state trial court proceeding and then posted the photo to social media.
Federal Court: Children Granted U.S. Asylum Must Return To Dad In Venezuela
The two minor children of an immigrant who were granted asylum in the United States must be returned to their father in Venezuela, the 6th U.S. Circuit Court of Appeals has ruled in a 2-1 decision.
Michigan Catholic School’s Request To End Mask Mandate Continues In Federal Courts
A Catholic school’s request to stop the enforcement of a mask mandate is currently in limbo, after a federal district court judge recently denied the school’s plea for a second time.
Trial Lawyer’s ‘Deficient’ Performance Requires Reversal Of Child-Abuse Conviction
A defendant’s first-degree child abuse conviction must be vacated because defense counsel’s performance at trial was “deficient”.
Ex-Wife Must Repay Ford Motor $243K In Wrongly Distributed Retirement Benefits
An ex-wife must repay Ford Motor Company more than $243,000 that she mistakenly received as part of her ex-husband’s retirement benefits in her divorce.
Fired Employee Can Pursue Age Discrimination Claim
A discharged employee’s age discrimination claim was improperly dismissed because there was direct evidence of discriminatory animus in statements allegedly made during the employee’s firing.
U.S. Supreme Court: Title VII Protects Gay, Transgender Employees
An employer who fires an employee for being gay or transgender violates Title VII of the Civil Rights Act of 1964.
Social Workers Violated Fourth Amendment By Conducting In-School, Warrantless Interviews Of Children
Social workers who conducted in-school interviews of the plaintiffs’ children violated the plaintiffs’ 4th Amendment rights because the social workers did not have a “reasonable suspicion” of abuse.
Fire Battalion Chiefs Not Entitled To Overtime Pay For “Standby” Duty
The City of Battle Creek is not required to pay its fire department battalion chiefs for the hours they are required to be on “standby” duty, a federal appeals court has ruled.