Recent Appellate Rulings Create Concern For Michigan Adoptions
The rulings are concerning for prospective adoptive parents because they allow putative fathers to stop an adoption in its tracks, by obtaining an order of filiation from the trial court.
Michigan Court Of Appeals: Coercing Child Into Gender Role Is ‘Abuse’
A trial court properly took jurisdiction over a mother’s three children after she allegedly coerced one of them into a gender role with which the child did not identify.
Federal Appeals Court: Employer Unreasonably Denied Pregnant Worker’s Telecommuting Request
The decision in Mosby-Meachem v Memphis Light, Gas & Water Division affirmed a jury verdict for the employee of more than $110,000, including compensatory damages and back pay.
Georgia Court of Appeals Holds that a Spouse Living in Michigan May Not File for Custody During a Family Vacation in Georgia
The Michigan trial court dismissed the custody case in Michigan, finding that under the UCCJEA jurisdiction was proper in Georgia because the Georgia case had been filed first.
Federal Appeals Court Revives Michigan Transgender Bias Suit
The decision in EEOC v R.G. & G.R. Harris Funeral Homes, Inc. reinstated a funeral director’s transgender bias claim against the Michigan funeral home that had fired her.
Sex Offender Registration Act’s Retroactive Application Violated Due Process
It was unconstitutional to retroactively apply Michigan’s SORA to a defendant who had pleaded guilty to a sex offense under a state diversionary statute, the Michigan SCT has ruled.
Presumed Father Can Challenge Paternity For The First Time In Divorce Proceedings
The 3-year time limit for filing a paternity challenge under ROPA does not apply when the presumed father raises the issue in a divorce action, the Michigan Court of Appeals has ruled.
Texas Judge’s Electrocution of Defendant During Criminal Trial Was a Stunning Constitutional Violation
A criminal defendant had been convicted of soliciting the sexual performance of a child. Apparently before the criminal trial, the trial judge had decided to make the defendant wear a stun belt.
Trial Court Misapplied “Preponderance Of Evidence” Standard To Modify Custody
A trial court erroneously used a “preponderance of the evidence” standard to determine it was in the child’s best interest to change the established custodial arrangement.
Michigan Court of Appeals Judge Cautions: Courts Must Not Raise Issues For The Parties
Same-sex couple. Domestic partnership declared. Donor insemination contract. Two children born during the relationship. Domestic partnership terminated.
COA - Can Terminate Rights of Parent When Children Safely Living with Other Parent
The Michigan Court of Appeals reversed and remanded the matter for further proceedings. The Michigan Supreme Court denied the request for leave to appeal by the mother.
Alter-Ego Theory of Recovery - What is it and When is it Effective?
The plaintiff argued the alter-ego rule to make the defendant Nancy Benner, spouse, responsible for her ex/disbarred attorneys’ failure to pay the agreed upon referral fee.
6th Circuit Orders Federal Government pay $450,000 in Attorney Fees to Defendant
The US COA for the 6th Circuit reversed the Middle District of Tennessee’s denial of defendant Circle C’s motion for attorney fees & sent the case back for an award of legal fees & expenses.
Divorcing Parties Cannot “Change Their Mind” About Mediation Agreement
A defendant couldn’t claim the mediation agreement he signed during his divorce proceedings was unenforceable based on perceived procedural mistakes.
The Court of Appeals’ Discussion of Conservatorship Raises Questions
Robert and his son, Jay Brody now challenge the appointment of Lyneis as conservator of Rhea’s personal assets.
Michigan Supreme Court States New Process to Determine “Proximate Cause” Under GTLA - Is it Clearer?
Ray appealed to the MI SCT, and the Michigan Supreme Court announced a new framework to clarify the process for determining “the proximate cause” in the context of GTLA.