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Law Firm’s Deposit Of Two-Party Insurance Checks Is “Conversion”
Speaker Law Firm 7/20/22 Speaker Law Firm 7/20/22

Law Firm’s Deposit Of Two-Party Insurance Checks Is “Conversion”

A Grosse Pointe law firm engaged in statutory conversion by depositing two-party checks into its Interest on Lawyers Trust Account (IOLTA).

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MSC: Wife Who Filed For Divorce Is ‘Surviving Spouse’ For Inheritance Purposes
Speaker Law Firm 7/13/22 Speaker Law Firm 7/13/22

MSC: Wife Who Filed For Divorce Is ‘Surviving Spouse’ For Inheritance Purposes

A widow who filed for divorce more than one year before her husband’s death qualifies as his surviving spouse for inheritance purposes, the Michigan Supreme Court has ruled.

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Defendant’s Properly Convicted Of Violating PPO, Constitutional Claims Tossed
Speaker Law Firm 7/6/22 Speaker Law Firm 7/6/22

Defendant’s Properly Convicted Of Violating PPO, Constitutional Claims Tossed

There was sufficient evidence to uphold the defendant’s convictions for violating a personal protection order (PPO) that had been issued against him.

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Trial Court Wrongly Modified Divorced Parties’ Custody Order
Speaker Law Firm 6/29/22 Speaker Law Firm 6/29/22

Trial Court Wrongly Modified Divorced Parties’ Custody Order

An award of sole legal custody to the father of the parties’ minor child must be reversed, because the trial court did not exercise “a proper degree of caution”.

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Trial Court Correctly Denied the Defendant’s Motion to Change Domicile to a Foreign County
Speaker Law Firm 6/27/22 Speaker Law Firm 6/27/22

Trial Court Correctly Denied the Defendant’s Motion to Change Domicile to a Foreign County

Defendant’s motion to change domicile to a foreign county would alter the established custodial environment with one parent and is not in the best interests of the child.

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Dad’s Parental Rights Wrongly Terminated Based Solely On His Incarceration
Speaker Law Firm 6/22/22 Speaker Law Firm 6/22/22

Dad’s Parental Rights Wrongly Terminated Based Solely On His Incarceration

A father’s parental rights were erroneously terminated under MCL 712A.19b(3) because his incarceration was the condition that led to the initial adjudication.

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Courts Can Consider Whether “Ameliorative Measures” Can Be Taken to Reduce the Risk of Harm
Speaker Law Firm 6/15/22 Speaker Law Firm 6/15/22

Courts Can Consider Whether “Ameliorative Measures” Can Be Taken to Reduce the Risk of Harm

The case involves the grave risk of physical harm exception to a child’s wrongful removal from their country of habitual residence.

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Lawyer’s Appeal Of Trial Court Recording & Broadcast Policy Is Denied
Speaker Law Firm 6/15/22 Speaker Law Firm 6/15/22

Lawyer’s Appeal Of Trial Court Recording & Broadcast Policy Is Denied

A federal court has refused to hear the appeal of a MI attorney who was charged with contempt after he screenshotted a state trial court proceeding and then posted the photo to social media.

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Adult Sibling May File Child-Protective Petition Against Parents
Speaker Law Firm 6/8/22 Speaker Law Firm 6/8/22

Adult Sibling May File Child-Protective Petition Against Parents

An adult sibling has standing to initiate child-protective proceedings against his parents over the care of his minor sister.

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Appeals Court: DHHS Made Reasonable Reunification Efforts During COVID-19
Speaker Law Firm 5/25/22 Speaker Law Firm 5/25/22

Appeals Court: DHHS Made Reasonable Reunification Efforts During COVID-19

DHHS made reasonable efforts to reunify the respondent-parents with their child despite the challenges presented by the COVID-19 pandemic

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Court of Appeals Reversed and Remanded the Trial Court’s Ruling that a Court-Ordered “IME” Was Necessary
Speaker Law Firm 5/20/22 Speaker Law Firm 5/20/22

Court of Appeals Reversed and Remanded the Trial Court’s Ruling that a Court-Ordered “IME” Was Necessary

The COA reversed and remanded the Trial Court’s ruling that a court-ordered independent medical examination (“IME”) was necessary to look for evidence of sexual assault of a minor.

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MSC Vacates Published Opinion In Stepparent Adoption Case
Speaker Law Firm 5/18/22 Speaker Law Firm 5/18/22

MSC Vacates Published Opinion In Stepparent Adoption Case

The Michigan Supreme Court has voided the COA published decision in In re BMGZ, Minor, a stepparent adoption case where the plaintiffs wanted SIJ status for the minor child.

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Appeals Court: Right Of Discovery Is Not Limited In Adoption Proceedings
Speaker Law Firm 5/11/22 Speaker Law Firm 5/11/22

Appeals Court: Right Of Discovery Is Not Limited In Adoption Proceedings

The trial court in this adoption case improperly denied the petitioners’ motion for discovery and wrongly quashed subpoenas that were issued to the DHHS and Bethany Christian Services.

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Federal Court: Children Granted U.S. Asylum Must Return To Dad In Venezuela
Speaker Law Firm 5/4/22 Speaker Law Firm 5/4/22

Federal Court: Children Granted U.S. Asylum Must Return To Dad In Venezuela

The two minor children of an immigrant who were granted asylum in the United States must be returned to their father in Venezuela, the 6th U.S. Circuit Court of Appeals has ruled in a 2-1 decision.

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DHHS Sufficiently Made ‘Some Efforts’ To Avoid Removal Of Children
Speaker Law Firm 4/27/22 Speaker Law Firm 4/27/22

DHHS Sufficiently Made ‘Some Efforts’ To Avoid Removal Of Children

The trial court in this child-protective proceeding correctly placed the mother’s children under its jurisdiction because “some efforts” were made by DHHS to prevent removal of the children.

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Consent Divorce Judgment’s Military Benefits Provision Cannot Be Collaterally Attacked
Speaker Law Firm 4/20/22 Speaker Law Firm 4/20/22

Consent Divorce Judgment’s Military Benefits Provision Cannot Be Collaterally Attacked

Even though the parties’ consent judgment of divorce included an offset provision, the defendant’s challenge to enforcing that provision is an improper collateral attack.

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COA Adopts ‘Blended’ Approach In Frozen Embryo Cases
Speaker Law Firm 4/13/22 Speaker Law Firm 4/13/22

COA Adopts ‘Blended’ Approach In Frozen Embryo Cases

In this divorce case, the COA adopted a new legal framework that “blends” the “contractual approach” and the “balancing approach” to determine the disposition of a frozen embryo.

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Supreme Court Reversed and Remanded a Court of Appeals’ Judgment, Affirming Termination of Parental Rights
Speaker Law Firm 4/12/22 Speaker Law Firm 4/12/22

Supreme Court Reversed and Remanded a Court of Appeals’ Judgment, Affirming Termination of Parental Rights

The Supreme Court determined that reasonable efforts had not been made by the Department, as no service plan had been created to attempt to reunify the children with their mother.

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