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Court Of Appeals Affirms Receiver’s Power To Reject Leases And Strike Cross-Default Clauses Under The Michigan Receivership Act; Reverses And Remands “Stalking Horse Bidder” Issue

The Court of Appeals affirmed the Trial Court’s decision to allow the receiver to reject a lease because the plain language of the Michigan Receiver Act allows a receiver to do so. The COA also affirmed the Trial Court’s decision to strike cross-default language from the contracts with Skymint.

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MSC Holds DHHS Not Required To Provide Reasonable Efforts To Reunify Child After Subjection To Aggravated Circumstances

The Michigan Supreme Court held that the Department of Health and Human Services (DHHS) was not required to make reasonable efforts to reunify the family because the respondent-parent subjected the child to aggravated circumstances, as defined under MCL 722.638(1) and (2), by facilitating criminal sexual conduct involving penetration, even though the parent did not personally commit the act.

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Michigan Supreme Court Bars Remand in Summary Contempt Case Due to Insufficient Record and Finality of Proceedings

The Court held that remanding for nonsummary contempt proceedings after vacating a summary conviction for insufficient findings is improper when the original contempt was appropriately handled summarily (because it occurred in the judge’s presence) however, the record was too insufficient to support a conviction and the original proceeding has long concluded.

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Michigan Supreme Court: Online Gambling Law Doesn’t Eliminate Right To Sue

In an unanimous opinion, the Michigan Supreme Court ruled that there is no clear evidence that the Legislature intended the Lawful Internet Gaming Act (LIGA) to eliminate common-law claims such as fraud, conversion, and breach of contract arising from a gambling dispute between a patron and an online gaming licensee.

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Appeals Court Rejects Broad Application Of COVID Lawsuit Regulations: Medical Negligence Claims Revived

The trial court wrongly dismissed the plaintiff’s medical malpractice and negligence claims that arose during the early days of the COVID-19 pandemic because the decedent’s injuries were not sustained “by reason of” healthcare services provided “in support of [the] state’s response to the COVID-19 pandemic,” the Michigan Court of Appeals has ruled.

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