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”.
No Confidentiality For Lawyer’s Alleged Defamatory Remarks
The trial court in this defamation case erred by striking an attorney’s affidavit and precluding the attorney from testifying.
Does An Employee Have A Reasonable Expectation Of Privacy In An Employer-Provided Email?
The plaintiff issued subpoenas to the defendant’s employer seeking email communications that the defendant sent to his attorney via his employer-provided email address.
Mom Notified Two Hours Before Hearing: Child Removal Order Vacated
The trial court’s order removing the minor child from the respondent’s care must be vacated because the respondent was denied her fundamental right to procedural due process.
Termination Petition Cannot Be Dismissed Without A Decision On The Merits
The trial court improperly dismissed an authorized petition to terminate the respondent’s parental rights because it did not issue a decision on the merits of the case.
Dog Not ‘Provoked’ To Bite Boy: Plaintiff Should’ve Been Granted Summary Disposition
The trial court in this dog-bite case improperly granted summary disposition to the animal’s owners, because the dog was not provoked by the victim.
Dad’s Custody Motion Conflated With Mom’s Domicile Motion: Reversal Required
The father was erroneously granted joint physical & legal custody, because the trial court improperly conflated his motion to change custody with the mother’s motion to change domicile.
Evidentiary Hearing Required On Mom’s Motion To Modify Custody
The trial court failed to conduct an evidentiary hearing to determine whether she had established the required proper cause or change in circumstances.
Corporal Punishment Is Domestic Violence, Custody Order Properly Modified
The trial court correctly modified the parties’ custody order to give the mother sole legal and physical custody of the children.
Postnuptial Agreement Enforceable, Did Not Violate Public Policy
In this divorce action, the trial court properly held that a postnuptial agreement the parties had entered into did not violate public policy and was enforceable, the Michigan Court of Appeals has ruled.
Evidence Was Sufficient To Remove Children From Father’s Custody
The trial court properly ordered that the children be removed from their father’s custody because there was sufficient evidence of the father’s alleged “roughhousing”.
Protective Orders Reversed Because Probate Court ‘Put Cart Before Horse’
The Michigan Court of Appeals reversed the protective orders that were issued in these consolidated appeals, ruling the probate court “put the cart before the horse”.
Aunt Remains Juvenile Guardian Although Required Review Hearing Not Held
The trial court did not abuse its discretion by appointing the paternal aunt as the juvenile guardian of the respondent-father’s children.
Trial Court Wrongly Shut Down Attorney Fee Request In Divorce Case
The trial court in this divorce action should not have denied the defendant’s request for attorney fees without conducting a hearing and allowing the defendant to support her request for fees.
Law Firm Is Jointly & Severally Liable For Attorney Fee Sanctions
The trial court also held the defendant’s former legal counsel, the law firm of Neda, Camaj & Fakhouri, PC, jointly and severally liable for the fees. The law firm appealed the ruling.
Father Waived Best-Interest Hearing: Parental Rights Properly Terminated
A trial court did not violate a father’s due process rights and properly terminated his parental rights because the father validly waived his participation in the best-interest hearing.