The trial court in this divorce action erroneously granted the plaintiff’s motion for summary disposition because there was a genuine issue whether oral postnuptial agreements existed, the Michigan Court of Appeals has ruled.

In a divorce action filed almost ten years after a Consent Judgment of Separate Maintenance was entered including an order to sell the marital home and non-modifiable alimony payments, the Court of Appeals held that the parties’ agreements in the separate maintenance action were binding on the Trial Court in entering a subsequent Judgment of Divorce, except on issues where the parties both requested modification.

The Court of Appeals reversed the Trial Court’s denial of grandparenting time because, under Michigan’s grandparenting time statute, MCL 722.27b, the opportunity to be heard includes at a minimum the right to testify.

A federal appeals court has reinstated a lawsuit brought under the Telephone Consumer Protection Act, finding it should not have been dismissed because the unsolicited faxes sent to the plaintiff’s dental office were indeed “advertisements” that violated the law.

The Court reversed the trial court’s finding of aggravated circumstances because under MCL 722.638(1)(a), a court may bypass reunification and consider termination of parental rights at the outset only when a parent has already abused the child or the child’s sibling, not when there is anticipatory abuse or where the sibling is not biological.

The Court of Appeals affirmed the Trial Court’s grant of summary disposition for Plaintiff’s breach of contract and public policy-based retaliation claims.

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.

There is no “taking” under the Michigan Constitution’s Takings Clause if the foreclosing governmental unit attempts to sell the foreclosed-upon property at a public auction but the property does not sell, the Michigan Supreme Court has unanimously decided.

The Takings Clause of the Michigan Constitution was violated where the plaintiffs’ foreclosed-on properties were never offered for sale at a public auction, the Michigan Supreme Court has unanimously ruled.

The Trial Court erred when it effectively changed physical custody based solely on an in camera interview with the children without making findings regarding whether the change would alter the established custodial environment and applying the appropriate burden of proof, whether modification was in the children’s best interests.

The Michigan Republican Party and the Republican National Committee have standing to sue City of Flint officials for not appointing enough inspectors during the 2022 election, the Michigan Supreme Court has ruled.

The Right to Farm Act (RTFA) may be invoked with regard to ordinances enacted before 2000 where those ordinances are subject to prospective enforcement for post-2000 activities.

The Michigan Department of Health and Human Services was wrongly ordered to return or destroy the plaintiffs’ stored blood spots and data that had been collected under Michigan’s newborn health screening program, the 6th U.S. Circuit Court of Appeals has ruled.

The Michigan Supreme Court held that while contractually shortened limitations periods are generally permitted, such provisions in adhesive, non-negotiated employment agreements require close judicial scrutiny and must be examined for reasonableness.

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.

The trial court in this termination of parental rights case correctly held that it was in the minor child’s best interests to terminate the respondent-father’s parental rights, the Michigan Court of Appeals has ruled in a 2-1 decision.

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.

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.