Lawyer May Receive Gift Under Will & Trust He Prepared For Client-Friend
A Michigan lawyer was not automatically prohibited by the attorney ethics rules from being named as a beneficiary in a will and trust that he prepared for his client.
Limitations Period On Unpaid Child Support Tolled By Trial Court’s ‘Continuing Jurisdiction’
A father remained responsible for more than $40,000 in unpaid child support from a 1992 paternity case because the 10-year statute of limitations for enforcing child-support orders.
Prevailing Whistleblower Plaintiffs Can Collect Post-Judgment Fees
The plaintiffs who prevailed in a WPA lawsuit could recover post-judgment attorney fees under MCL 15.364, the Michigan Court of Appeals has ruled in a published opinion.
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.
Appeals Court Denies State Lawmaker’s Request To Dismiss Perjury Charges
A former Michigan lawmaker charged with perjury is not entitled to legislative immunity or evidentiary privilege under the Michigan Constitution, the Michigan Court of Appeals has ruled.
Court Of Appeals: Public Funds Can Be Used For Private School Mandates
The State of MI can earmark public funds for private & parochial schools pursuant to MCL 388.1752b for the “actual costs incurred in complying with state health, safety, and welfare laws”.
Constitutional Standard Adopted For Indigent Defendants’ Requests For Expert Witness Funds
In People v Kennedy, a unanimous Michigan SCT held that the constitutional standard, which has already been adopted by the federal courts and most states, is the controlling law.
Attorney Who Left Firm Not Entitled To Equitable Lien On Settlement Proceeds
In Pounders v Fawaz, the Court of Appeals reversed the trial court’s order denying the plaintiff’s motion to terminate the equitable lien on the settlement proceeds.
Woman Who Fell While Washing Car Gets No-Fault Insurance Benefits
A woman who fell and injured herself while washing her vehicle at a self-serve car wash is entitled to no-fault personal injury protection (PIP) benefits.
Michigan Is First State To Recognize ‘Digital Will’ As Valid
Michigan is on the cutting edge when it comes to probate law, recently becoming the first state in the nation to recognize a note left on a cell phone as a valid “digital will.”
Mother Who Took Child To Ecuador Without Father’s Knowledge Can Bring Hague Convention Challenge
An Ecuadorian mother’s taking of her minor child from MI to Ecuador without notifying the father, did not preclude the possibility that the child had become a “habitual resident”.
Michigan Supreme Court Tosses Out Election-Law Forgery Conviction
MCL 168.937, which is part of the state’s Election Law, is a penalty provision that does not create a substantive offense, the Michigan Supreme Court has ruled in a unanimous decision.
Trial Court Wrongly Ignored Prenuptial Agreement When Dividing Marital Property
A trial court erred in distributing a divorcing couple’s marital property because the parties’ prenuptial agreement was ignored in doing so, the Michigan Court of Appeals has ruled.
Jury Trial Right Exists In ELCRA Actions Against State
Plaintiffs have a right to a jury trial in Circuit Court when bringing actions against the state under the ELCRA, the Michigan Court of Appeals has ruled in a published decision.
Poop Emoji Surfaces In Federal Court Opinion
The 7th U.S. Circuit Court of Appeals is making headlines for its recent ruling in an employment discrimination case, although probably not for the reason the Court would like: its decision.
‘Parade Of Errors’ In Divorce Proceeding Required Nixing Trial Court Orders
A spousal support award and the division of property in a divorce case must be vacated because the trial court engaged in a “parade of errors”.