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Appeals Court: No Appointed Counsel For Mom In Custody Case
Speaker Law Firm 11/16/22 Speaker Law Firm 11/16/22

Appeals Court: No Appointed Counsel For Mom In Custody Case

The Michigan Court of Appeals has denied a mother’s request for appointed counsel in her child-custody case.

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6th Circuit Decision In First Amendment Parody Case Appealed To U.S. Supreme Court
Speaker Law Firm 11/9/22 Speaker Law Firm 11/9/22

6th Circuit Decision In First Amendment Parody Case Appealed To U.S. Supreme Court

A First Amendment parody case decided earlier this year by the 6th U.S. Circuit Court of Appeals recently landed on the doorstep of the United States Supreme Court.

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Trial Court Improperly Relied on the Consequences of a Parent’s Voluntary Change of Custody
Speaker Law Firm 10/28/22 Speaker Law Firm 10/28/22

Trial Court Improperly Relied on the Consequences of a Parent’s Voluntary Change of Custody

The trial court improperly relied on the consequences of a parent’s voluntary change of custody as being sufficient to constitute proper cause or a change of circumstances to order a change of custody.

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New Michigan Laws Provide Foster-Care Fixes
Speaker Law Firm 10/26/22 Speaker Law Firm 10/26/22

New Michigan Laws Provide Foster-Care Fixes

Children in Michigan’s foster-care system have more protections under a bipartisan legislative package recently signed into law by Gov. Gretchen Whitmer.

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Trial Court ‘Prematurely’ Ordered Retroactive Modification Of Child Support
Speaker Law Firm 10/19/22 Speaker Law Firm 10/19/22

Trial Court ‘Prematurely’ Ordered Retroactive Modification Of Child Support

The trial court should have completed an evidentiary hearing before ordering a retroactive modification of the plaintiff’s child-support obligation, the Michigan Court of Appeals has ruled.

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Prosecutor’s Misstatement Did Not Deny Parents A Fair Adjudication Trial
Speaker Law Firm 10/12/22 Speaker Law Firm 10/12/22

Prosecutor’s Misstatement Did Not Deny Parents A Fair Adjudication Trial

The respondents in this termination of parental rights case were not denied a fair trial or effective assistance of counsel, the Michigan Court of Appeals has ruled.

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State Agency Did Not Act Arbitrarily In Denying Consent To Adopt Child
Speaker Law Firm 10/5/22 Speaker Law Firm 10/5/22

State Agency Did Not Act Arbitrarily In Denying Consent To Adopt Child

The Superintendent of the Michigan Children’s Institute did not arbitrarily deny consent for the petitioners to adopt a child for whom they had served as foster parents.

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Trial Court Errors Were Not Harmless: Adjudication, Termination & Injunctive Orders Vacated
Speaker Law Firm 9/28/22 Speaker Law Firm 9/28/22

Trial Court Errors Were Not Harmless: Adjudication, Termination & Injunctive Orders Vacated

The trial court erroneously admitted an exhibit that contained hearsay and, as a result, the adjudication, termination order and injunctive order must all be vacated.

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Continuing Treatment Petition Valid Despite Noncompliance With Statute
Speaker Law Firm 9/21/22 Speaker Law Firm 9/21/22

Continuing Treatment Petition Valid Despite Noncompliance With Statute

The trial court properly denied a motion to dismiss a petition for continuing mental-health treatment, even though the petition did not strictly comply with the statutory requirements.

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Appeals Court: Evidence Did Not Support Dad Moving To Texas With Children
Speaker Law Firm 9/15/22 Speaker Law Firm 9/15/22

Appeals Court: Evidence Did Not Support Dad Moving To Texas With Children

Trial court erroneously granted a father’s motion to move to TX with children because, there was insufficient evidence the children’s lives would be improved by relocating.

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Appeals Court: 2019 No-Fault Insurance Changes Do Not Apply Retroactively
Speaker Law Firm 9/7/22 Speaker Law Firm 9/7/22

Appeals Court: 2019 No-Fault Insurance Changes Do Not Apply Retroactively

The changes to MI’s no-fault law limiting the payment of PIP benefits do not apply to car crash victims who were injured before the 2019 changes went into effect.

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Appeals Court: Non-Resident May Seek Parental Consent Waiver To Abortion In Michigan
Speaker Law Firm 8/31/22 Speaker Law Firm 8/31/22

Appeals Court: Non-Resident May Seek Parental Consent Waiver To Abortion In Michigan

A trial court improperly held that it did not have jurisdiction over a petition for a waiver of parental consent to an abortion, the Michigan Court of Appeals has ruled in a published order.

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COA Vacates and Remands Trial Court’s Order & The $15K Parenting-Time Bond
Speaker Law Firm 8/24/22 Speaker Law Firm 8/24/22

COA Vacates and Remands Trial Court’s Order & The $15K Parenting-Time Bond

The trial court committed clear legal error in Butters v Butters by failing to hold a live hearing where the plaintiff would have the right to present evidence.

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Mandatory Life Sentences For Juvenile Defendants Are Unconstitutional
Speaker Law Firm 8/17/22 Speaker Law Firm 8/17/22

Mandatory Life Sentences For Juvenile Defendants Are Unconstitutional

Sentencing juvenile defendants to life without parole for first-degree murder is “cruel or unusual punishment” in violation of the state Constitution, a divided Michigan Supreme Court has ruled.

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MSC: State Law Prohibits Discrimination Based On Sexual Orientation
Speaker Law Firm 8/10/22 Speaker Law Firm 8/10/22

MSC: State Law Prohibits Discrimination Based On Sexual Orientation

Michigan’s civil rights law prohibits discrimination based on sexual orientation, the Michigan Supreme Court has ruled for the first time.

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Facebook ‘Tagging’ Violated PPO: Not Constitutionally Protected Speech
Speaker Law Firm 8/3/22 Speaker Law Firm 8/3/22

Facebook ‘Tagging’ Violated PPO: Not Constitutionally Protected Speech

The trial court properly held the defendant in criminal contempt for violating a personal protection order (PPO) because he “tagged” the plaintiff in a Facebook post.

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Trial Court Committed Clear Legal Error by Failing to Hold a Live Hearing Where the Plaintiff Would Have the Right to Present Evidence
Speaker Law Firm 7/29/22 Speaker Law Firm 7/29/22

Trial Court Committed Clear Legal Error by Failing to Hold a Live Hearing Where the Plaintiff Would Have the Right to Present Evidence

The trial court committed clear legal error by failing to hold a live hearing where the plaintiff would have the right to present evidence, subject to certain restrictions permitted by the court rules.

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Divorced Mother Not Required To Split Child’s SSI Benefits With Ex-Husband
Speaker Law Firm 7/27/22 Speaker Law Firm 7/27/22

Divorced Mother Not Required To Split Child’s SSI Benefits With Ex-Husband

A divorced mother was improperly ordered to direct half of her developmentally disabled child’s government benefits to her ex-husband, who is the child’s father.

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