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Family Law Appeals
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Jury Must Decide If Student’s Snapchat Post Is ‘True Threat’ Of Terrorism
Speaker Law Firm 8/4/21 Speaker Law Firm 8/4/21

Jury Must Decide If Student’s Snapchat Post Is ‘True Threat’ Of Terrorism

A college student was properly charged with making a threat of terrorism after posting a photo on social media of his semi-automatic rifle with a bayonet attached.

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Mediator Didn’t Ask About Domestic Violence: Is Divorce Settlement Negated?
Speaker Law Firm 7/28/21 Speaker Law Firm 7/28/21

Mediator Didn’t Ask About Domestic Violence: Is Divorce Settlement Negated?

A Michigan trial court has been instructed to scrutinize whether a divorce settlement is unenforceable because the mediator in the case did not conduct the domestic violence screening.

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Majority OKs Termination Of Parental Rights, Dissenter Says ‘Remand Until Criminal Case Resolved’
Speaker Law Firm 7/21/21 Speaker Law Firm 7/21/21

Majority OKs Termination Of Parental Rights, Dissenter Says ‘Remand Until Criminal Case Resolved’

A trial court properly terminated a father’s parental rights to his two older children after the youngest child died because termination was in the older children’s best interests.

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Michigan Supreme Court Will Examine ‘Surviving Spouse’ Decision
Speaker Law Firm 7/14/21 Speaker Law Firm 7/14/21

Michigan Supreme Court Will Examine ‘Surviving Spouse’ Decision

The COA ruled the Marquette County Probate Court erroneously found that Anne Jones-Von Greiff did not qualify as the surviving spouse of Hermann Von Greiff for inheritance purposes.

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Trial Court Wrongly Denied Petitioner’s Registry Removal Request
Speaker Law Firm 7/7/21 Speaker Law Firm 7/7/21

Trial Court Wrongly Denied Petitioner’s Registry Removal Request

The petitioner’s name should be expunged from the Michigan Child Abuse Neglect Central Registry because the trial court erred in applying MCL 24.287.

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Plaintiff’s Appeal Limited To Denial Of Attorney Fees
Speaker Law Firm 6/30/21 Speaker Law Firm 6/30/21

Plaintiff’s Appeal Limited To Denial Of Attorney Fees

The plaintiff’s appeal is limited to that portion of the trial court’s order denying her request for attorney fees as a sanction, the Michigan Court of Appeals has ruled.

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MSC: Attorney Fee-Split Requires Professional Relationship With Person Referred
Speaker Law Firm 6/23/21 Speaker Law Firm 6/23/21

MSC: Attorney Fee-Split Requires Professional Relationship With Person Referred

A referring attorney must have an attorney-client relationship with the individual being referred in order for a fee-splitting agreement to be valid.

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Trial Court Must Explain Why Appellate Attorney’s Fees Are Unreasonable
Speaker Law Firm 6/16/21 Speaker Law Firm 6/16/21

Trial Court Must Explain Why Appellate Attorney’s Fees Are Unreasonable

A trial court abused its discretion when it held that a court-appointed lawyer’s appellate fees were excessive and unreasonable, the Michigan Court of Appeals has ruled.

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Mom Cannot Be Faulted For Failing To Complete ‘Nonexistent’ Case Treatment Plan
Speaker Law Firm 6/9/21 Speaker Law Firm 6/9/21

Mom Cannot Be Faulted For Failing To Complete ‘Nonexistent’ Case Treatment Plan

An order terminating a mother’s parental rights must be reversed because no case treatment plan existed and she “could not be faulted for failing to complete a nonexistent treatment plan”.

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Michigan Court Of Appeals Adopts New Expert Witness Disqualification Rule
Speaker Law Firm 5/26/21 Speaker Law Firm 5/26/21

Michigan Court Of Appeals Adopts New Expert Witness Disqualification Rule

The Michigan Court of Appeals has established a new standard for when an expert witness may be disqualified for an alleged conflict of interest.

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Federal Appeals Court Keeps - And Strikes - Parts Of Indian Child Welfare Act
Speaker Law Firm 5/19/21 Speaker Law Firm 5/19/21

Federal Appeals Court Keeps - And Strikes - Parts Of Indian Child Welfare Act

The 5th U.S. Circuit Court of Appeals has upheld the constitutionality of the Indian Child Welfare Act, while at the same time finding that certain provisions of the Act should be stricken.

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Criminal Contempt Appropriate For Neighbor’s PPO Violation
Speaker Law Firm 5/12/21 Speaker Law Firm 5/12/21

Criminal Contempt Appropriate For Neighbor’s PPO Violation

The trial court properly held the respondent in criminal contempt for violating a non-domestic personal protection order (PPO), the Michigan Court of Appeals has ruled.

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Michigan Election Bureau’s Appeal Dismissed As ‘Moot’
Speaker Law Firm 5/5/21 Speaker Law Firm 5/5/21

Michigan Election Bureau’s Appeal Dismissed As ‘Moot’

The Michigan Court of Appeals has dismissed an appeal by the Michigan Bureau of Elections based on the “mootness doctrine”.

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Michigan’s Criminal Court Costs Statute Declared Constitutional
Speaker Law Firm 4/28/21 Speaker Law Firm 4/28/21

Michigan’s Criminal Court Costs Statute Declared Constitutional

The statute that permits Michigan trial courts to impose court costs on convicted criminal defendants is not unconstitutional on its face, the Michigan Court of Appeals has ruled.

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High Court Overturns Termination Of Dad’s Parental Rights, Finds No “Educational Neglect”
Speaker Law Firm 4/21/21 Speaker Law Firm 4/21/21

High Court Overturns Termination Of Dad’s Parental Rights, Finds No “Educational Neglect”

The Michigan Supreme Court has ruled that the trial court improperly took jurisdiction of children & placed them in foster care because there was insufficient evidence of “educational neglect”.

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Appeals Court: Petition To Change Legal Name Was Wrongly Denied
Speaker Law Firm 4/14/21 Speaker Law Firm 4/14/21

Appeals Court: Petition To Change Legal Name Was Wrongly Denied

The trial court improperly denied the petitioner’s request to change his legal name based on his criminal record.

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PPO Request Wrongly Denied Based On Res Judicata
Speaker Law Firm 4/7/21 Speaker Law Firm 4/7/21

PPO Request Wrongly Denied Based On Res Judicata

A trial court erred by denying the petitioner’s request for a personal protection order (PPO) based on the prior denial of a similar PPO request by the petitioner.

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COA Reversed Termination of Mom’s Parental Rights After Trial Court Took Jurisdiction Over Minor Child
Speaker Law Firm 3/31/21 Speaker Law Firm 3/31/21

COA Reversed Termination of Mom’s Parental Rights After Trial Court Took Jurisdiction Over Minor Child

The Court stated that the trial court erred when it found by clear and convincing evidence that termination of parental rights to the minor child was proper.

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