Appeals Court Tosses Claims Filed By Attorney Who Represented Moms In Child-Protective Cases
A trial court properly dismissed defamation and tortious interference claims brought by an attorney who had represented indigent mothers in child-protective proceedings.
Trial Court Did Not Have Jurisdiction: Termination of Parental Rights Vacated
A trial court erred by exercising jurisdiction over a juvenile, therefore, the order terminating the respondent-father’s parental rights to the child had to be vacated.
Unknown Father’s Rights Terminated: MSC Vacates Decision, Remands Matter For Specific Answers
The Michigan SCT vacated a COA decision that terminated an unknown biological father’s parental rights, and remanded the case to the trial court for further determinations.
Supreme Court Rules Excessive Fines Clause of the 8th Amendment Applies to the States
A civil forfeiture action is an in rem action. Modern day civil asset forfeiture has grown far beyond anything the 16th and 17th century law makers could have imagined.
Court Of Appeals Dismisses Appeal, Cautions Parties Against Procedural “Gamesmanship”
The COA held that the stipulated order from which the plaintiff appealed did not qualify as a “final order” and, therefore, the Court did not have jurisdiction over the matter.
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.
Board-Certified Cardiologist’s Affidavit Met Med-Mal Expert Requirements
A board-certified cardiologist satisfied the medical-malpractice expert witness requirements, even though the doctor’s specialty was not interventional cardiology.
Jury Must Decide If Car Accident Injuries Affected Boy’s “Ability To Lead Normal Life”
In Piccione v Gillette, the Court of Appeals relied on McCormick to conclude that a jury must decide whether the boy suffered a “serious impairment of body function”.
Adult Children’s Guardianship & Conservatorship Petition Improperly Rejected
A guardianship and conservatorship petition filed by the adult children of a protected individual shouldn’t have been disqualified based on speculation that they were “too young”.
“Material” Change In Circumstances Warranted A Best Interests Hearing
he evidence in a custody action demonstrated that a change in circumstances had occurred and, therefore, the trial court wrongly denied a mother’s motion to modify a custody order.
Attorneys Who Provided Expert Witness Services Can Be Sued For Legal Malpractice
Attorneys who are retained to provide expert witness testimony are not automatically shielded by the witness immunity doctrine and can be sued for professional malpractice.
Temporary Detention Order Not A Removal Order: Plaintiff Eligible For Foster-Care Funding
Even though a temporary detention order did not include a “contrary to the welfare” finding, as required by law, this did not preclude the plaintiff’s eligibility for Title IV-E foster-care funding.
No-Fault’s One-Year-Back Rule Applies To Medical Provider’s “Balance Bills”
The No-Fault Act’s one-year-back rule, bars a medical provider’s efforts to collect on a patient-insured’s “balance bill” when the action to collect the balance is untimely filed.
Inability To Satisfy Plain-Error Test Doesn’t Shut Down Ineffective Assistance Claim
A defendant’s failure to satisfy the plain-error test regarding a trial court’s alleged error doesn’t, by itself, prohibit the defendant from bringing an ineffective assistance of counsel claim.
Earnings From Medical Marijuana Grow Operation Properly Considered “Marital Property”
Earnings from the defendant-husband’s medical marijuana grow operation were correctly included in the parties’ marital estate during their divorce proceedings.
Elected Official’s Plea Deal Could Not Keep Him From Seeking Public Office
A plea agreement reached by a former Michigan senator was contrary to public policy because it prohibited the senator from seeking public office during his five-year probationary period.