No Immunity For WV Judge Who Led Warrantless Search Of Litigant’s Home
A judge was not entitled to judicial immunity after she paused a court hearing to go personally participate in a warrantless search of a litigant’s home.
Michigan Appeals Court Split On Termination Of Mom’s Parental Rights
Clear and convincing evidence existed to terminate the mother’s parental rights in this case and doing so was in the child’s best interest.
Mother’s Marijuana Use ‘Overemphasized, ’Parental Rights Reinstated
Termination of a mother’s parental rights overruled by Michigan COA, due to trial court overemphasizing the mother’s use of marijuana.
No Clear And Convincing Evidence Of Abuse, Termination Of Parental Rights Improper
The trial court erroneously held that statutory grounds for terminating the respondents’ parental rights had been established by clear and convincing evidence.
Decision to Suspend Mother’s Parenting Time Had the Effect of Modifying the Award of Joint Physical Custody
The trial court’s decision to suspend Mother’s parenting time had the effect of modifying the award of joint physical custody in the consent judgment of divorce, and MCR 3.207 did not apply to the case.
Trial Court Inadequately Addressed Statutory Factors: Removal Of Children Reversed
The trial court erroneously ordered that the children in this case be removed from their mother’s care based on medical neglect.
Social Worker’s Disciplinary Action Not ‘Pivotal’ To Termination Of Father’s Parental Rights
Father’s parental rights properly terminated though the decision to do so was partly based on the testimony of a social worker with disciplinary proceedings.
Ex-Wife Violated PPO, Properly Found Guilty Of Criminal Contempt
The trial court properly issued a PPO in this case and correctly held the respondent in contempt, finding that she violated the terms of the PPO.
Termination Of Parental Rights Not Supported By Sufficient Evidence
The trial court’s termination of the respondents’ parental rights must be vacated because, among other things, the statutory factors for termination were not supported by clear and convincing evidence.
School District Report Wrongly Excluded As Evidence
In determining whether changing schools was in the best interests of the parties’ child, the trial court improperly excluded a report about the school district.
Trial Court Properly Valued Business In Divorce Proceedings
The trial court in this divorce action used the appropriate method to determine the value of the plaintiff’s law practice when dividing the marital estate, the Michigan Court of Appeals has ruled.
MSC: Trial Court Must Determine Whether Child Jurisdiction Case Is Moot
The Michigan Supreme Court has remanded the case of In re Holbrook, Minor for a hearing to determine whether the case has become moot.
Appeals Court Upholds University Of Michigan’s Campus Firearm Ban
The University of Michigan “is a school, and thus, a sensitive place” and, as a result, the University’s ordinance prohibiting firearms on school property does not violate the 2nd Amendment.
Ex-Spouse Engaged In Misconduct, Attorney Fees Appropriately Awarded
The trial court in this divorce action properly awarded attorney fees to the plaintiff ex-wife because the defendant ex-husband “engaged in misconduct”.
Trial Court Did Not Determine ‘Reasonableness’ Of Requested Attorney Fees
An attorney fee award in this divorce action must be vacated, the Michigan Court of Appeals has ruled, because the trial court did not make a finding as to whether the requested fee was reasonable.
MSU’s COVID-19 Vaccination Mandate Did Not Violate Employee’s Rights
Michigan State University’s COVID-19 vaccination policy neither violated the plaintiffs’ constitutional rights nor was it preempted by federal law, the 6th U.S. Circuit Court of Appeals has ruled.