Divorced Parents Wrongly Appointed Co-Personal Representatives Of Daughter’s Estate
A probate court erred by appointing a divorced couple as the co-personal representatives of their deceased daughter’s estate.
Court of Appeals Reinstates Daughters’ Challenge to Validity of Trust
A probate court erroneously applied the statute of limitations in the Michigan Trust Code to bar the plaintiffs’ challenge to the validity of their mother’s trust.
Bank Account Co-Owner Must Return Portion Of Unlawfully Transferred Funds
The COA held that a co-owner of the account who unlawfully transferred nearly all the funds to her personal account must return one-half of the funds that were taken.
Father’s Rights Were Properly Terminated So Stepparent Adoption Could Proceed
A trial court did not err in terminating a father’s parental rights, thereby allowing a petition for stepparent adoption to proceed, the Michigan Court of Appeals has ruled.
Stepparent Adoption Dismissed Because Mother Didn’t Have A Custody Order
A stepparent adoption petition was properly dismissed, because the mother did not have a court order establishing that she had custody of the child.
Aunt’s Adoption Request “Arbitrarily & Capriciously” Denied By State Agency
The trial court correctly ruled that the superintendent of the Michigan Children’s Institute “arbitrarily and capriciously” denied consent for the petitioner to adopt her niece.
Petitioners’ Due Process Rights Were Violated at Adoption Subsidy Hearing
An administrative law judge violated the petitioners’ due process rights by not letting them present their arguments at a hearing on the denial of a support subsidy for their adopted child.
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.
The Michigan Supreme Court Weighs in on How Courts Should Handle Proposed QDROs
The court awarded Defendant-Wife half of the marital interest in Plaintiff-Husband’s retirement benefits and pension via a QDRO through his employment with General Motors.
The Proper Way to Perform a Child Interview During Child Protective Proceedings
The Michigan Supreme Court decided on the propriety of a trial court in conducting an in camera interview of a subject child in the context of child protective proceedings.
Appeals Court: Laid-Off Employee’s Retaliation Claim Should’ve Been Dismissed
An employee who was laid-off after 1) reported a co-worker’s conduct to supervisors & 2) considered notifying the police of the conduct didn’t offer enough evidence to proceed with a retaliation claim.
Job Offer Properly Withdrawn After Candidate Tested Positive For THC
A company properly withdrew its offer of employment to a job candidate who tested positive for tetrahydrocannabinol (THC) during a pre-employment drug screening.
Supreme Court Removes Judge from Bench Due to Misconduct While in Office
In addition to her removal, the Supreme Court also imposed a six-year suspension without pay should Brennan be re-elected to office during the suspension.
Driver Voluntarily Consented To Blood Draw: Evidence Wrongly Suppressed
A trial court improperly held that a driver’s consent to a blood draw was involuntary and, as a result, wrongly suppressed the blood-draw evidence at his drunk-driving hearing.
Will WICA Soon be Modified? Michigan’s Supreme Court Set to Weigh in on Tomasik Appeal.
No criminal justice system is perfect: although our state’s criminal justice system is a great regulatory strong-arm, sometimes innocent people are convicted by mistake.
Officer Needed Vehicle Passenger’s Consent Before Searching His Backpack
A police officer did not have the authority to search a backpack belonging to the passenger in a vehicle because the officer did not first obtain the passenger’s consent.