Combining superior legal counsel with concierge client service, Warner’s labor and employment attorneys work with you to design tailored solutions to the most pressing issues you may face as an employer. Whether providing strategic counsel on evolving workplace compliance issues or zealously defending your decisions in court or before an administrative agency, the right and best lawyers are with you – in a way that ensures comfort, excellence and efficiency.
We represent publicly traded and privately held companies of all sizes, both union and non-union, with everything from hiring and compensation matters to discipline and termination. Particularly adept at streamlining and handling issues for companies with global operations and large workforces, we offer sought-after sector strength in manufacturing, automotive, energy, financial and professional services, academia, utilities and health care.
experience
Strengths Snapshot
- HR/workforce contract and management issues – Karen VanderWerff
- Equal employment opportunity – Rob Dubault
- Investigations – Andrea Bernard
- Employment-related immigration – Michael Wooley
- Labor negotiations/collective bargaining – Jon Kok
- Labor arbitrations – Jon Kok
- NLRB matters – Steve Palazzolo
- Executive compensation
- Wage and hour – Allyson Terpsma
- Workplace safety – Karen VanderWerff
- Workers’ compensation – Geri Drozdowski
- Retaliation and wrongful discharge – Andrea Bernard
- Discrimination and harassment charges – Dean Pacific
- Disability and medical leave –Steve Palazzolo
- State and federal compliance under EEO, ADA, FMLA, OSHA and MiOSHA, FLSA, ERISA, WARN, and other laws – Rob Dubault
- Employment arbitration – Ed Bardelli
- Employment litigation –Amanda Fielder
- Employee competition – Ed Bardelli
- Workplace fatalities or acts of violence – Karen VanderWerff
- Public sector and municipal work – Steve Girard
Worker's Compensation
The extensive labor practice at Warner allows us to smoothly integrate and effectively deal with overlapping claims, such as employment discrimination, ADA or FMLA issues and workers’ compensation.
We also provide clients with assistance instituting preventive measures in the workplace. Our attorneys specializing in workers’ compensation have years of litigation experience and appear in all of the Workers’ Disability Compensation Bureaus in Lower Michigan.
Representative Experience
- Warner Represents US Subsidiary in Connection With Chervon Holdings’ Initial Public Offering
- Warner Represents Nichols Paper & Supply In Its Sale to Imperial Dade
- Warner Represented Kendall Electric, Inc. In Its Acquisition of Rumsey Electric Company
- Warner Represented Uncle Ed’s Oil Shoppes, Inc. and AutoBath America, Inc. In Their Sale to FullSpeed Automotive
- Warner Represents American Holoptics in $42 Million Acquisition of Military Supplier
- Warner Represents FormulaFolios In Its Strategic Transaction with Brookstone Capital Management
- Warner Representing ChoiceOne Financial Services, Inc. In the Acquisition of Community Shores Bank Corporation
- Warner Represents Vilex and Orthex in Acquisition by OrthoPediatrics
- Warner Represents ChoiceOne Financial Services, Inc. In Its Merger with County Bank Corp.
- Warner Represents SpartanNash In Its Acquisition of Martin’s Super Markets
- Warner Represents BPV Environmental In Its Sale to Pestell Group
- Warner Represents Structural Concepts Corporation In Its Sale to Mason Wells
- Warner Represents TCSB Bancorp, Inc. In Its Merger With Independent Bank Corporation
- Warner Represented West Shore Bank In the Acquisition of Ellis Capital Management
- Warner Advises Xcentric Mold & Engineering on Investment from The Riverside Company
- Perrigo to Acquire National Healthcare & Consumer Goods Products Distributor – Geiss, Destin & Dunn, Inc.
- Warner Representing Birmingham Bloomfield Bancshares, Inc. (Bank of Birmingham) in Merger with Arbor Bancorp, Inc. (Bank of Ann Arbor)
- Warner Representing West Shore Bank in $8.3 Million Acquisition of West Michigan Bank & Trust
- Chemical Financial Corporation Completes Merger with Talmer Bankcorp, Inc.
Videos and Podcasts
eAlert and Law Shanty: Federal Court Invalidates Department of Labor Rule Increasing Salary Threshold for White Collar Overtime Exemptions
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November 08, 2024 https://youtu.be/eeamSqqoImc
Updates on FLSA Salary Level Test and Proposed Changes to the ESTA – Perchance
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Don’t Get into Trouble with ICE! Immigration HR Issues to Watch For
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Michigan Issues Important ESTA Updates
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Special eAlert and Law Shanty: Michigan Supreme Court Rules Legislature Action Unconstitutional, Reinstates Earned Sick Time and Improved Workforce Opportunity Wage Act
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Court Enjoins FLSA Salary Threshold Increase – But Only for Employees of the State of Texas
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Three Big Updates in Labor Law
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DOL FLSA Salary Test Final Rule – But is it Final?
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FTC Voids Noncompetes … Maybe
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SCOTUS Title VII Standard Eased for Employees
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Upcoming Warner Events: HR 101 FMLA Webinar and the HR Seminar
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Expanding Cybersecurity and Privacy Laws Heighten HR Department Responsibilities
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Texas Judge Vacates NLRB Joint-Employer Rule and an Update to Red Bull’s Formula 1 Investigation
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Car Wreck – Formula 1 Red Bull CEO Allegations
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The NLRB is Reading Your Handbook
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Performance Feedback for a New Generation
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Viral Firing Video: How to Fire an Employee the Right Way
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Here We Go Again: DOL Independent Contractor Final Rule
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COVID-19 is Back – Where Have All the Rules Gone?
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Covenants Not to Compete – A Special Extended Law Shanty
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Artificial Intelligence or How the Terminator Started
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What Elliott-Larsen Amendments Mean for Michigan Employers
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Play It Again Uncle Sam – One Final Update to the EEOC COVID-19 Guidance
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The PUMP Act – Creating Reasonable Accommodations for Mothers at Work
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New Bill Ends Presidential National Emergency – What That Means for Employers
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Warner Video Special: Happy National Employee Benefits Day!
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The Right to Work or Not?
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MIOSHA Awakens to Enforce Form 300A Posting and Submission Requirements
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Is an FMLA Leave Request a Protected Activity Even If the Employee Doesn’t Qualify for FMLA?
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ESTA Is Gone (for Now)
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Title VII Lessons Learned from the Philadelphia Flyers
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HR Burnout on the Rise – What Can You Do?
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HR Professionals Day Q&A Video
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Consensual With Consequences: Breaking Company Policies Without Breaking the Law
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HR Professionals Day Offering from Warner
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Stare Decisis: Dress Codes, Union T-Shirts and the NLRB
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1984 in the Workplace — Is Employee Surveillance Trending?
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The Clean Slate Act’s Impact on Employers
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What Would Sherlock Do?
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A Busy Week in the Courts — ESTA and ELCRA
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Affordable Care Act: Responsibilities for Cannabis Employers
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July 21, 2022 17:14
Michigan Court of Claims Reinstates Earned Sick Time Act and Improved Workforce Opportunity Wage Act As Originally Adopted
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EEOC Updates COVID-19 Rules
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NLRB and Union Activity Is on the Rise
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Hiring Interns: To Pay or Not To Pay?
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A “Dope” Shanty Episode
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How Flexible Work Arrangements Can Protect Employers From the Great Resignation
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Just Don’t Ask
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They Did What? (How Not to Handle a Sexual Harassment Complaint)
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Give Me My Stuff Back!
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Don’t Let the Great Resignation Cause a Big Mistake
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Updates on the OSHA ETS Litigation and CDC Isolation and Quarantine Guidelines
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What the Sixth Circuit’s OSHA ETS Decision Means for Employers
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CMS Vaccine Mandate Lawsuits Create Further Uncertainty for Employers
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OSHA ETS Remains in Limbo: What Does This Mean for Employers and Employees?
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Today Is the Day that OSHA Published Its Emergency Temporary Standard
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EEOC Guidance Updates and Additions for Vaccine Mandates
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Helping Your Employees Through Mental Health Challenges
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At Will vs. Just Cause: How to Protect Yourself from Wrongful Discharge Lawsuits
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There’s a New Sheriff in Town: NLRB New General Counsel Jennifer Abruzzo
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Taking Another Shot at Vaccine Mandates
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COVID-19 Pulled Me Back In: Where Are We With Masks?
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Non-Compete vs. Non-Solicitation Agreements: “The Devil’s In the Details”
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- eAlert and Law Shanty: Federal Court Invalidates Department of Labor Rule Increasing Salary Threshold for White Collar Overtime ExemptionsWarner Employment News from the Law Shanty
- Updates on FLSA Salary Level Test and Proposed Changes to the ESTA – PerchanceWarner Employment News from the Law Shanty
- Don’t Get into Trouble with ICE! Immigration HR Issues to Watch ForWarner Employment News from the Law Shanty
- Michigan Issues Important ESTA UpdatesWarner Employment News from the Law Shanty
- Special eAlert and Law Shanty: Michigan Supreme Court Rules Legislature Action Unconstitutional, Reinstates Earned Sick Time and Improved Workforce Opportunity Wage ActWarner Employment News from the Law Shanty
- Court Enjoins FLSA Salary Threshold Increase – But Only for Employees of the State of TexasWarner Employment News from the Law Shanty
- Three Big Updates in Labor LawWarner Employment News from the Law Shanty
- DOL FLSA Salary Test Final Rule – But is it Final?Warner Employment News from the Law Shanty
- FTC Voids Noncompetes … MaybeWarner Employment News from the Law Shanty
- SCOTUS Title VII Standard Eased for EmployeesWarner Employment News from the Law Shanty
- Upcoming Warner Events: HR 101 FMLA Webinar and the HR SeminarWarner Employment News from the Law Shanty
- Expanding Cybersecurity and Privacy Laws Heighten HR Department Responsibilities Warner Employment News from the Law Shanty
- Texas Judge Vacates NLRB Joint-Employer Rule and an Update to Red Bull’s Formula 1 InvestigationWarner Employment News from the Law Shanty
- Car Wreck – Formula 1 Red Bull CEO AllegationsWarner Employment News from the Law Shanty
- The NLRB is Reading Your HandbookWarner Employment News from the Law Shanty
- Performance Feedback for a New GenerationWarner Employment News from the Law Shanty
- Viral Firing Video: How to Fire an Employee the Right WayWarner Employment News from the Law Shanty
- Here We Go Again: DOL Independent Contractor Final RuleWarner Employment News from the Law Shanty
- Playing Chicken with the FLSAWarner Employment News from the Law Shanty
- COVID-19 is Back – Where Have All the Rules Gone?Warner Employment News from the Law Shanty
- Teleworking and FLSA and FMLA – Give Me a BreakWarner Employment News from the Law Shanty
- Covenants Not to Compete – A Special Extended Law ShantyWarner Employment News from the Law Shanty
- Artificial Intelligence or How the Terminator StartedWarner Employment News from the Law Shanty
- What Elliott-Larsen Amendments Mean for Michigan EmployersWarner Employment News from the Law Shanty
- What To Do When You Suspect an Employee of WrongdoingIn the Know: Warner's Litigation Spotlight
- Play It Again Uncle Sam – One Final Update to the EEOC COVID-19 GuidanceWarner Employment News from the Law Shanty
- The PUMP Act – Creating Reasonable Accommodations for Mothers at WorkWarner Employment News from the Law Shanty
- New Bill Ends Presidential National Emergency – What That Means for EmployersWarner Employment News from the Law Shanty
- Special Law Shanty Message: SAVE THE DATE 2023 Warner HR SeminarWarner Employment News from the Law Shanty
- Warner Video Special: Happy National Employee Benefits Day!
- The Right to Work or Not?Warner Employment News from the Law Shanty
- MIOSHA Awakens to Enforce Form 300A Posting and Submission RequirementsWarner Employment News from the Law Shanty
- Is an FMLA Leave Request a Protected Activity Even If the Employee Doesn’t Qualify for FMLA?Warner Employment News from the Law Shanty
- ESTA Is Gone (for Now)Warner Employment News from the Law Shanty
- Title VII Lessons Learned from the Philadelphia FlyersWarner Employment News from the Law Shanty
- HR Burnout on the Rise – What Can You Do?Warner Employment News from the Law Shanty
- Consensual With Consequences: Breaking Company Policies Without Breaking the LawWarner Employment News from the Law Shanty
- Stare Decisis: Dress Codes, Union T-Shirts and the NLRBWarner Employment News from the Law Shanty
- 1984 in the Workplace — Is Employee Surveillance Trending?Warner Employment News from the Law Shanty
- The Clean Slate Act’s Impact on EmployersWarner Employment News from the Law Shanty
- What Would Sherlock Do?Warner Employment News from the Law Shanty
- A Busy Week in the Courts — ESTA and ELCRAWarner Employment News from the Law Shanty
- Affordable Care Act: Responsibilities for Cannabis EmployersWarner’s Legal News For the Cannabis Industry
- Michigan Court of Claims Reinstates Earned Sick Time Act and Improved Workforce Opportunity Wage Act As Originally AdoptedWarner Employment News from the Law Shanty
- EEOC Updates COVID-19 RulesWarner Employment News from the Law Shanty
- NLRB and Union Activity Is on the RiseWarner Employment News from the Law Shanty
- Hiring Interns: To Pay or Not To Pay?Warner Employment News from the Law Shanty
- A “Dope” Shanty EpisodeWarner Employment News from the Law Shanty
- How Flexible Work Arrangements Can Protect Employers From the Great ResignationWarner Employment News from the Law Shanty
- Just Don’t AskWarner Employment News from the Law Shanty
- They Did What? (How Not to Handle a Sexual Harassment Complaint)Warner Employment News from the Law Shanty
- Give Me My Stuff Back!Warner Employment News from the Law Shanty
- Don’t Let the Great Resignation Cause a Big MistakeWarner Employment News from the Law Shanty
- Updates on the OSHA ETS Litigation and CDC Isolation and Quarantine GuidelinesWarner Employment News from the Law Shanty
- What the Sixth Circuit’s OSHA ETS Decision Means for EmployersWarner Employment News from the Law Shanty
- CMS Vaccine Mandate Lawsuits Create Further Uncertainty for EmployersWarner Employment News from the Law Shanty
- OSHA ETS Remains in Limbo: What Does This Mean for Employers and Employees?Warner Employment News from the Law Shanty
- Today Is the Day that OSHA Published Its Emergency Temporary StandardWarner Employment News from the Law Shanty
- EEOC Guidance Updates and Additions for Vaccine MandatesWarner Employment News from the Law Shanty
- Helping Your Employees Through Mental Health ChallengesWarner Employment News from the Law Shanty
- At Will vs. Just Cause: How to Protect Yourself from Wrongful Discharge LawsuitsWarner Employment News from the Law Shanty
- There’s a New Sheriff in Town: NLRB New General Counsel Jennifer AbruzzoWarner Employment News from the Law Shanty
- Taking Another Shot at Vaccine MandatesWarner Employment News from the Law Shanty
- COVID-19 Pulled Me Back In: Where Are We With Masks?Warner Employment News from the Law Shanty
- Non-Compete vs. Non-Solicitation Agreements: “The Devil’s In the Details”Warner Employment News from the Law Shanty
- Employers Beware: Labor Shortages and Antitrust LawsWarner Employment News from the Law Shanty
- That’s All Folks! MIOSHA Rescinds Previous Emergency RulesWarner Employment News from the Law Shanty
- COVID-19 Employment Rights ActWarner Employment News from the Law Shanty
- MIOSHA Issues New Emergency RulesWarner Employment News from the Law Shanty
- MI Hits Its First MilestoneWarner Employment News from the Law Shanty
- Michigan Vacc to Normal Plan and When Employees Can Return to WorkWarner Employment News from the Law Shanty
- Remote Work Considerations for After the COVID-19 PandemicWarner Employment News from the Law Shanty
- The COVID-19 Vaccine’s Impact on Employee Quarantine Periods and Guidance From the CDC and MIOSHAWarner Employment News from the Law Shanty
- The American Rescue Plan Act and Emergency Paid Sick LeaveWarner Employment News from the Law Shanty
- Return to Work Update and the MIOSHA Emergency RuleWarner Employment News from the Law Shanty
- Special Edition Video on the New Gatherings and Face Mask OrderWarner Employment News from the Law Shanty
- What’s New? Some Recent Developments in Employment LawWarner Employment News from the Law Shanty
- Are Employer Incentivized Vaccination Programs Subject to the ADA and HIPAA?Warner Employment News from the Law Shanty
- Is Harassment Still Happening to Employees While Working Remotely?Warner Employment News from the Law Shanty
- What Employers Can and Cannot Do in Response to Employees’ Social Media ActionsWarner Employment News from the Law Shanty
- Bringing in the New Year with Updated Guidance for EmployersWarner Employment News from the Law Shanty
- EEOC Issues Guidance on Vaccinations for EmployeesWarner Employment News from the Law Shanty
- Holiday Update on Pressing Employment IssuesWarner Employment News from the Law Shanty
- Guidance for Employers When Employees Call In SickWarner Employment News from the Law Shanty
- Anticipating COVID-19 Vaccines: Can I Require My Employees to be Vaccinated?Warner Employment News from the Law Shanty
- Managing Your Risk of COVID-19 Employment Litigation: Webinar Questions AnsweredWarner Employment News from the Law Shanty
- New Warner Podcast – Warner News From the Law ShantyWarner Employment News from the Law Shanty
- 10 Common Employment Mistakes Family Office Managers MakeLegacy Matters
- The MSC appoints the Honorable Chistopher Murray as Chief Judge for the COA
- MSC: Should appellate courts review the tape?
- MSC: When does a trial court lose jurisdiction to resentence a defendant?
- COA: Defendant did not waive standing defense where consent judgment did not expressly show intent to waive a standing argument
- MSC questions whether Grand Rapids implemented a policy of photographing and fingerprinting innocent pedestrians to fail to show ID during investigatory stop
- Can equitable estoppel expand your insurance coverage? The MSC has granted leave to decide
- Controversial Clio School District ban on open-carrying weapons in schools will be reviewed by the Michigan Supreme Court
- MSC to consider how strictly prosecutors must adhere to habitual offender notice requirement
- Fear itself . . . is not a “serious psychological injury”
- When a misdemeanor is not a misdemeanor
- COA: Insurers may not limit liability for judgment interest without express policy language
- COA: A Petitioner is entitled to a Principal Residence Exemption even if the subject property is rented for more than 14 days in a year
- MSC overrules COA decision holding a motion to change schools is not an order affecting the custody of a minor
- MSC to consider scope of rape-shield statute
- MSC: Single photographic identification was unfairly suggestive
- MSC to decide whether recanting witness’s testimony pointing to a different killer requires new trial for convicted co-defendants
- MSC to consider property tax exemption for subsidiary of non-profit entity
- Justice Larsen confirmed by the Senate to sit on the Sixth Circuit
- COA: It is a violation of the separation of powers for a plea deal to include abstention from public office. MSC denies expedited review.
- COA: A vehicle only became uninsured upon a court’s ruling of no coverage
- COA: Court order for physical transfer of a child from a parent constitutes removal triggering the protections of the Michigan Indian Family Preservation Act
- COA: Unjust Enrichment claim is not barred by governmental tort immunity
- Using Loan Money for an Improper Purpose can be Conversion, Even if Money is Legally Acquired
- COA: Attempted crimes may be felonies for sentencing purposes; co-defendant convictions are used to score offense variables
- COA: When driver consents to motor vehicle search, that includes a passenger’s backpack
- COA clarifies scoring of offense variable 4 of the Michigan Sentencing Guidelines regarding psychological injury to the victim
- In a 30-year-old cold case, the MSC holds in a 4-3 decision that a failure to give jury instructions regarding good-character evidence was harmless error
- MSC: Defendant may be sentenced as three-time felony-firearm offender even when prior convictions arose from a single incident
- MSC: 15-year-old conviction that failed the “strikingly similar” test was barred from admission under the character evidence rule
- COA: Cash value of life insurance policy is exempt from garnishment
- MSC imposes nine month suspension on District Court Judge for interfering with a criminal investigation and misrepresentations
- MSC invalidates post hoc causation reasoning
- MSC grants MOAA to consider whether defendant’s failure to prove plain error precludes finding of ineffective assistance of trial counsel
- COA: Criminal defendant cannot withdraw plea even if court erroneously informed defendant that maximum possible sentence longer than correct maximum sentence
- Jury Verdicts Convicting a Defendant of Two Mutually Exclusive Offenses Are Reviewable
- COA determines that public school employees are required to be deemed totally and permanently disabled by an independent medical advisor to receive disability benefits
- COA: Insurer does not have to defend a lawsuit against a police officer that alleges conduct outside the of scope of employment
- COA: Schools Boards do not have to recall laid off teachers to fill job openings in different subject matter
- COA: There is no statute of limitations for filing a Qualified Domestic Relations Order
- COA: Under the Adoption Code courts can only preclude expenses that are related to the adoption of a child
- COA: Canine “sniff” search of vehicle after the completion of a traffic stop constitutes an unconstitutional seizure unless officer can articulate reasonable suspicion of criminal activity
- MSC: Trial Court May Not Correct an Invalid Sentence Sua Sponte After Judgment Has Been Entered
- COA endorses streamlined process for amending pleadings
- MSC: Supreme Court “adds” extra day to statute of limitations period for medical malpractice actions
- MSC: The ecclesiastical abstention doctrine does not limit Courts’ subject matter jurisdiction
- COA: Savage and senseless nature of murder is not sufficient evidence of premeditation under first-degree murder statute
- MSC grants MOAA to consider whether trial judge’s questions inappropriately influenced jury’s verdict
- MSC to consider whether mixing and repackaging tobacco renders an individual a “manufacturer” of tobacco subject to the TPTA
- Pay-up: Constitutional to require criminal defendants to pay costs
- COA holds that third-degree child abuse statute is not unconstitutionally vague
- COA holds that the Revocation of Paternity Act applies to children conceived via in-vitro fertilization
- COA: Fit parents have the right to adjust grandparenting time
- MSC grants MOAA regarding whether a district court abuses its discretion in dismissing charges at a preliminary examination based on witness credibility
- COA: Government Computerized Databases Can Be FOIA’ed, But It Will Cost You.
- MSC broadens parked-car exception to the Michigan no-fault insurance act
- COA: Traditional sentencing factors should not apply when sentencing juvenile offender facing life without parole
- MOAA: Was evidence of defendant’s prior firearms convictions permissible because it bore on wife’s credibility and was not a collateral issue?
- COA Interprets Earth Movement Exclusion As Applying to Any Earth Movement
- COA: The University of Michigan’s Ban on Firearms Does Not Violate the Second Amendment
- MSC: Police “knock and talk” conducted during predawn hours in order to gather information is search subject to Fourth Amendment warrant requirement
- MSC to hear oral argument on whether single photographic identification violates due process
- COA: Discovery of valid arrest warrant following illegal search/seizure does not cure constitutional violation
- MSC: All prisoners are eligible for sentence reduction, not just those already eligible for day parole
- COA: For statute of limitations purposes, a wrong is done when the plaintiff is harmed
- COA: Hearsay laboratory reports welcome at preliminary examination
- MSC holds that healthcare providers do not have a direct cause of action against no-fault insurers
- MSC holds municipal corporations that have not consented to MPSC jurisdiction are not subject to the MPSC’s first entitlement rule
- MSC: Sentencing points for psychological harm to the victim’s family does not require proof that treatment was sought
- COA: Photographs and fingerprints do not trigger a clear Fourth Amendment violation eliminating immunity
- COA: A claim for “reimbursement” against medical providers under the Assigned Claims System is subject to a 2-year limitations period
- COA: If a fire truck has to try to drive safely—then so does a snowplow. There is no immunity from negligence claims while working on roadways
- COA: Businesses that peripherally participate in auto maintenance and repair are not excluded from coverage under the No Fault Act
- MSC grants MOAA regarding the admission of other-acts evidence under MRE 404(b) and whether MCL 168.937 creates the substantive offense of election forgery
- COA: Self-sustaining operations of the Blue Water Bridge do not trigger exemption to governmental immunity
- COA: State recovery under Medicaid liens is limited by federal Medicaid anti-lien statute
- COA: Unrefined – but unambiguous – contract terms do not create a ripe judicial controversy
- MSC: Trial court has discretion to hold evidentiary hearing to determine if search warrant affidavit is sufficient for probable cause
- Focusing on financial injury can cost you your shareholder oppression claim
- COA: An easement is vacant if it is non-exclusive and temporary, not when it is not exclusive or permanent
- COA: Convicted felons cannot be authorized medical marijuana providers, even if they have a license
- COA holds that trial courts have authority to make factual findings regarding “special immigrant juvenile” status
- COA: Individual’s membership in and seasonal operation of LLC not enough to establish that he personally “conducts business” in LLC’s county for venue purposes
- COA: Junior mortgagee has a right to surplus foreclosure funds after foreclosure by a senior mortgagee
- Department of Health and Human Services failed to accommodate disabilities by using a one-size-fits-all family reunification plan, says MSC
- MSC holds tax exemption open to all educational institutions regardless of for-profit status
- COA: Right-to-work statute forbids union rules that limit members’ rights to end union affiliations at will
- Judge Saad to retire in November
- COA: Defendant released early by clerical error is no longer under control of Dept. of Corrections, may not receive consecutive sentences
- COA addresses the requirement that a departure from the sentencing guidelines need only meet the proportionality standard
- COA: $100 probationary fine for juvenile offenders has no statutory basis
- COA: A dog’s past general aggression is not enough to sustain criminal charges against owners of a “dangerous animal”
- COA: Defendant can withdraw plea if judge deviates from deal, but restitution is constitutional and need not be proportional
- COA upholds immunity for licensed medical marijuana provider, examining weight and location of drying plants
- COA held vested retirement rights may not be altered without the retiree’s consent
- COA: MUTSA preemption limited to misappropriation of trade secret, does not encompass other common-law unfair competition claims
- Statute means what it says: any movement of victim to a place of greater danger supports OV 8 score.
- COA addresses what restitution can be awarded to governmental entities for expenses incurred in a criminal investigation
- COA holds that a party cannot imply a contract with consignee liability when express contracts exist on the issue; likewise there can be no unjust enrichment without an implied contract
- COA: Contract with the state does not create a legal duty, does not make the contractor a public officer
- COA holds Michigan Board of Chiropractic has absolute immunity as a quasi-judicial actor
- MSC grants leave to consider whether courts are bound by the sentence of one day to life for a conviction of indecent exposure by a sexually delinquent person
- COA: Although it imposes a tax, statute allowing trial courts to order criminal defendants to pay court costs is constitutional
- MSC grants MOAA to consider scope of defendant’s right to withdraw plea where court imposes sentence arguably inconsistent with Cobbs evaluation
- COA: Restitution can be based on course of conduct, not just charges of conviction.
- Justice Young retires after more than 20 years on the bench
- MSC grants leave to hear prescriptive-easement issue with broad implications for real property owners and mortgage lenders
- MSC orders MOAA on whether exigent circumstances permitted a warrantless entry and whether defendant may withdraw plea after unconstitutional warrantless entry
- When juvenile lifer (without parole) is resentenced, revised sentence has maximum term of 60 years
- Rape-Shield statute may not bar evidence of victim’s pregnancy, lack of prior sexual activity, and abortion in CSC case
- COA – Generally applicable statement is allowed in contested case order so long as it is made after public notice and hearing
- MSC clarifies scope of trial on remand in light of its previous decision
- MSC denies leave after MOAA on whether attorney fees award should have been submitted to the jury
- MSC denies leave following MOAA on whether prosecutor satisfied notice requirements when seeking enhanced sentence
- COA: In a bifurcated class action suit, a court may dismiss a class action suit by contemporaneously incorporating notice of the dismissal into a general notice of the action
- COA: In order to have physical child custody, parent must live in country signed onto child abduction treaty
- COA holds that proposed parenting-time change alters the established custodial environment.
- COA holds that waiver doctrine will not be expanded to include risks not contracted for
- COA holds that a statutory instruction to “consider” factors, does not require findings on the record as to each factor
- Defendant who pleads and agrees to sentence at low end of incorrectly scored guidelines range is entitled to sentence under properly scored range
- COA holds that a question of fact prevents summary disposition on a PIP claim based on an insurer’s fraud exclusion
- COA holds that union security agreements executed after Michigan Right to Work cannot be enforced
- COA: Criminal sentencing guidelines are always advisory
- COA holds that test for whether an interrogation requires Miranda warnings does not turn solely on the location of the interrogation
- MSC grants MOAA on whether trial courts must read jury instructions aloud
- COA upholds 20-day filing period for appealing a Tobacco Products Tax Act decision
- MSC to hear MOAA on whether “intent to threaten” matters when threat made witness “unavailable”
- COA: Prenups cannot deprive court’s ability to divide property in a divorce
- When throwing a dinner party at your home, keep all your lights on to avoid premises liability suits.
- COA rules trial court must make initial child custody finding before referring to friend of the court for investigation
- MSC to decide whether to take up case on standard of review for juvenile life-without-parole sentences
- MSC grants MOAA on whether an employee’s communication with her attorney constitutes a report to a public body within the meaning of the Whistleblowers’ Protection Act
- MSC grants MOAA to consider proper jury instruction on rebuttable presumption of Self-Defense Act
- COA holds that an attorney employed by the conservator of an estate represents the conservator, not the estate
- COA holds that MCR 2.116(I) permits courts to grant summary disposition on the pleadings, but a court must still afford litigants due process
- COA upholds prior ruling that a custom-furnishing carpenter is liable for use tax as construction contractor because its products met the fixtures test
- COA rules that water leaking from defective fridge was proximate cause in slip and fall case
- COA: when it comes to driving a golf cart, the applicable standard of care is ordinary negligence, not reckless misconduct
- COA: Trial court overstepped its authority in blocking state access to Legionella-related records from Flint area hospital
- COA holds that a circuit court must always hold an adjudicative proceeding prior to a dispositional proceeding with respect to child protective proceedings
- COA holds that school districts are free to ban guns in schools
- COA determines that the actual water’s edge is the boundary of a critical dune area
- MSC: Onus is on plaintiff not defendant, to prove notice of hazard in slip and fall case
- COA holds that under the Governmental Immunity Act, an individual need not list all witnesses in intent to sue
- COA rules that “reasonable efforts” to procure payment do not extend to appealing the decision prior to obtaining no-fault benefits
- COA holds identities of anonymous bloggers protected by First Amendment
- Two MSC justices recuse themselves, leaving 5 to hear a recount petition appeal
- COA: Deliberately withholding information from police during criminal investigation may result in felony charge
- COA: Stein not an “aggrieved” candidate because she has no chance of overturning the result
- COA: “replacement” senior mortgage does not retain priority in quiet-title action to the extent loan amount is increased
- COA reinforces publication requirement for slander of title claim and holds that deed restrictions recorded outside the chain of title cannot impact a property interest
- COA finds that fair reporting privilege does not cover alleged libel that is not part of a public record
- COA holds that filling activities on owner’s wetland are not considered farming activities for purposes of NREPA
- COA holds that a custom-furnishings carpenter is liable for use tax as construction contractor
- COA determines that a government agency can be liable for injury allegedly caused by failure to maintain a road
- PIP benefits are available to injured parties in lawful possession of another’s vehicle, whose owner knew such injured party’s use of the vehicle would be unlawful
- Sixth Amendment is not violated where court relies on judicial fact-finding to impose consecutive sentencing, says COA
- COA holds that child’s intent is relevant inquiry for child support after age of majority reached
- COA holds that no signature is required in a will if clear and convincing evidence establishes decedent intended the document to constitute his or her will
- COA holds that property tax foreclosure statute does not usurp Supreme Court’s procedural rulemaking authority
- COA: Nonprofit hospital’s property tax exemption does not extend to its for-profit subsidiary
- Location matters: mere possession of controlled substance within school zone, without intent to deliver the drugs in the zone, does not trigger enhanced statutory penalty
- COA doubles down, holding that Pontiac emergency manager’s order eliminating retiree benefit contributions is not retroactive
- COA: Although not a “child”, a fetus is a “victim” for purposes of scoring OV 9 under Michigan Sentencing Guidelines
- COA: Dismissal of lawsuit for PIP benefits because of discovery violations bars related claims for insurance benefits brought by service providers
- Good fences may make for good neighbors, but only if they aren’t built on the neighbor’s property, says COA
- COA: Bring more than $40 for a hearing on an abandoned vehicle
- COA holds that mere enforcement delay does not create a vested right to use property in violation of zoning regulations
- COA holds that neither a party to litigation nor its representative is eligible to receive expert witness fee
- Making up for Lost Time: Lost Vacation Time is Lost Income under the Crime Victim’s Rights Act
- Police Beware: Consent to search dwelling for illegal drugs is not consent to seize defendant’s cell phone, wallet, and keys
- MSC to hear MOAA on whether prosecutor satisfied notice requirements when seeking enhanced sentence
- COA: Parole Board retains discretion where Governor commutes sentence to permit parole but fails to explicitly grant parole
- MSC to hear oral arguments on whether drunk driving in a private driveway violates criminal statute
- COA: Fetus is not a “child” for purposes of the first-degree child abuse statute
- COA clarifies that repossessed property is excluded for “bad debt” tax credit
- COA: Court-appointed appellate counsel entitled to reasonable compensation for work done even when COA denies application for lack of merit
- COA holds that remedial promises for defective goods are not warranties and nave separate statutes of limitation
- COA holds that insured party does not need legal interest in insured property to be indemnified
- COA finds that prior litigation bars additional unfunded mandate challenge
- COA: Probate inventory fee must be paid if estate has sufficient assets, even if it means selling the personal representative’s home
- COA states that where insurance policy contains an “all risk” provision, a loss is not covered if it comes within any specific policy exclusion
- COA: Statutory language requiring rescission “in writing” of personal residence exemption not constrained to Treasury Form 2062
- COA: Calculate renaissance zone tax credit by following Department of Treasury’s interpretation of renaissance zone business activity factor
- COA: Foster care is not a requirement for termination of parental rights
- COA upholds receiver sale of mortgaged property
- COA holds that where public body did not regularly violate the Open Meetings Act, there is no cause for injunctive relief
- COA: County’s use of a shooting range does not have priority over township ordinance
- COA: Defects in the plea taking process entitles a defendant to withdraw entire plea, not just “defective” portion of plea
- COA again determines that the claims records of the Michigan Catastrophic Claims Association are not subject to disclosure
- COA awards summary disposition to insurer based upon its recent elimination of the innocent-third party doctrine
- COA holds that Judge Peter D. O’Connell is not the incumbent for the office held by Judge Michael Gadola
- COA holds that order denying a motion to change schools is not an order affecting the custody of a minor
- COA holds that order requiring instant makeup of parenting time is not an order that affects custody and therefore is not appealable by right
- COA holds that petitioner failed to rebut the fit-parent presumption in grandparenting time petition
- COA holds that hospital cannot be held vicariously liable for on-call physician
- COA: Prosecution may not inform a defense witness of the possibility of prosecution for perjury
- COA on the MMMA: If it has roots, it’s a plant
- COA: More evidence is required to determine whether complaint’s allegations sound in medical malpractice or ordinary negligence
- COA Panel disagrees with recent precedent that limits plaintiffs’ no-fault recovery options
- COA holds that a claim properly under the Court of Claims’ jurisdiction may be joined with a claim in a circuit court through the parties’ conduct
- COA holds that a medical malpractice claim runs from when plaintiff “should have” discovered the claim, not when it “could have” discovered it
- Trial Courts must provide spoken instructions to juries
- COA – Boat seller is no longer an “owner” after delivery of title to a purchaser
- COA: Michigan’s civil forfeiture scheme is unconstitutional as applied to a claimant could not afford to post bond to challenge forfeiture
- COA: Three year limitations period governs plaintiff’s discrimination claims
- MSC to hear mini-oral argument on whether coach’s actions were a proximate cause of student’s injuries
- MSC “draws the line” on the highway exception to governmental immunity
- COA: Question of fact existed as to whether title insurer participated in a fraudulent scheme with bank’s funds
- Evidence of a school’s statutorily-mandated disclosures of unprofessional conduct to prospective employers is not admissible in a wrongful termination action
- MSC: A lien claimant who succeeds on a breach of contract claim may be a “prevailing party” entitled to attorney fees under the Construction Lien Act
- MSC grants mini-oral argument for application regarding termination of parental rights of cognitively impaired parent
- COA holds that “rule of mandate” prevents lower court from exceeding scope of remand order
- Only facts “admitted by the defendant” in court survive scrutiny under Lockridge
- Valid but not clearly visible temporary license plate provides valid justification for traffic stop
- COA: Felony sentencing cannot be done by videoconference
- COA find that arguments must be devoid of arguable legal merit to award attorneys fees arising from a frivolous argument
- Tobacco Products Tax Act is clear and unambiguous
- Trial courts must look to mandatory statutory sentencing range for convictions of indecent exposure as a sexually delinquent person not the sentencing guidelines
- COA holds that DHHS is not statutorily required to grant hardship waivers for Medicaid costs
- New Federal Legislation Creates Notice Requirement for Confidentiality AgreementsAhead of the Curve Auto Supplier
- COA determines 60-day appeal period applies to challenges to the issuance of permits to install control devices
- COA finds old-age social security benefits should be included in survivor’s loss calculations under the No-Fault Act
- COA: Public Service Commission order approving utility program can be lawful and reasonable even if there is conflicting evidence about the benefits of the program
- COA requires strict compliance with the marriage component of the equitable parent doctrine in rejecting individual’s standing to challenge custody of former same-sex relationship partner’s child
- No fishing allowed: Defendants may not access victim’s privileged records unless they have good faith basis to believe records contain information material to defense
- SORA suffers another blow: Requirement to register “routinely used” email addresses and cell phone numbers is unconstitutionally vague
- Michigan Supreme Court to Consider Enforceability of Wills Benefiting the Drafting Attorney
- MSC holds that an individual can be charged with both election forgery and falsifying a name on a petition
- MSC: Reserve police officers are police officers when it comes to resisting arrest
- COA: Where plaintiff failed to disclose existence of parties’ minor children, trial court properly dismissed divorce complaint without prejudice
- COA: Regardless of a showing of actual knowledge, failure to follow the directions of Revenue Bonding Act or its municipal equivalent will not prevent utility liens from arising on a subject property
- COA: In an involuntary child protective proceeding if there is reason to believe a child is an Indian child, notice must be made to the tribe he is believed to be a part of
- COA: A child’s videotaped testimony cannot serve as substantive evidence in a parental-rights adjudication hearing
- COA: Compliance with FOIA requires a response to, and not fulfillment of, a request for documentation
- A mortgagor who takes fixtures from his property during the foreclosure redemption period does not commit larceny
- COA: Court of Claims has jurisdiction to hear and decide writ of mandamus case brought by Court of Appeals judge seeking reelection
- MSC will hear mini-oral argument on whether failure to administer jury oath before trial requires reversal of criminal convictions
- A law enforcement officer’s involuntary statement cannot be used against the officer in a criminal proceeding, even if the statement is false, says MSC
- Newly created police ballistics report is not grounds for granting a remand to district court to continue preliminary examination
- COA: Voters have a legal right to enforce state election law requirements
- COA declines to expand narrow intentional tort exception to exclusive remedy provision of Workers Disability Compensation Act
- COA holds that attorneys are members of a “public body” under the Whisteblower’s Protection Act
- Trial counsel ineffective for failure to object to inadmissible hearsay testimony and failure to present evidence of other possible sources of victim’s injuries
- COA: A previous owner of property cannot file an affidavit that the property was qualified agricultural property for tax purposes
- COA: Tender does not constitute payment of redemption funds sufficient to void a sheriff’s deed
- MSC: Conviction for SORA-2 subject to sentence enhancement under HOA
- COA holds that members of the Parole and Commutation Board do not have vested contractual rights to hold their positions
- COA holds that the insurers are not required to pay no-fault benefits to innocent third parties if the insured obtained automobile insurance coverage through fraud
- COA: No premises liability unless defendant has possession and control of the property
- MSC holds that former principal of Miller Canfield cannot avoid the contractual requirement to arbitrate disputes with the firm by only suing current principals
- MSC grants oral argument to consider the applicability of a Michigan Civil Rights Act case to a Whistleblower Protection Act claim
- Don’t step over that line: MSC to consider when knock-and-talk amounts to unconstitutional search
- MSC to consider whether a timely filed motion to extend time to file an affidavit of merit, which is not granted until after the limitations period expires, tolls that limitations period
- COA holds that no additional cause of action is needed to impose after-the-fact individual liability on a shareholder of a judgement-debtor corporation
- $550 million in public school employee salaries is still being held by the state unconstitutionally, says COA
- Defendant’s 11th hour request to represent himself is untimely and denial of request is not grounds to reverse conviction
- Incarceration alone does not justify removal of parental rights, says COA
- MSC uses Smith v. Khouri as a uniform test for determining “reasonable” attorney fees and clarifies the Khouri analysis
- MSC clarifies the gate-keeper rules for allowing testimony of a board-certified medical expert
- MSC grants leave to examine the inter-governmental transfer of property used to block private development
- MSC holds that the monetary jurisdictional limit for district courts is determined by the pleadings, not by the proofs at trial
- A misdemeanor conviction not scored under PRV, still destroys the 10-year conviction-free period
- COA holds that insurance policy exclusion related to contractors does not include homeowners
- COA holds that Michigan Employment Relations Commission has exclusive jurisdiction over claims brought against union
- COA holds that trial courts must adhere to court rules when deciding a plaintiff’s request for a receiver
- COA: Where property has deed restrictions a cost-less-appreciation is more appropriate than sales-comparison approach to valuation
- MSC to consider whether an insured claiming underinsured motorist benefits is a “third party tort claimant” entitled to penalty interest
- MSC to consider whether medical bills meet notice requirement for PIP benefits
- Prenups are not ironclad where divorce could leave one party destitute
- COA holds that a spouse be must willfully and physical absent from her decedent spouse for at least a year before death to be disqualified from electing against the decedent’s will
- COA holds that insurer may rescind policy even after an accident, if it is determined that the insured made misrepresentations in obtaining the policy and insurer relied on the misrepresentations.
- COA holds that power companies have an obligation to reasonably inspect and maintain power lines
- COA holds that there can be statutory grounds for termination of parental rights because of abuse even if the parent has not been criminally convicted of that abuse
- COA holds that governmental liability for failure to properly maintain a highway extends not only to physical injury but to other damages flowing from physical injury
- Evidence of prior acts of criminal sexual conduct is not always admissible under MCL 768.27a
- MSC: Predatory conduct of a co-offender not considered during sentencing
- Trial counsel is not ineffective for failing to request self-defense jury instruction when defense is not viable
- Executive Order was meant to extinguish already accrued but unpaid retiree benefit contributions
- MMMA restricted again: Only “patients” and “primary caregivers” are entitled to §8 affirmative defense
- Swain will get a new trial in highly-publicized innocence case
- COA upholds the right to file a civil action for a denial of health insurance benefits, even after an unfavorable regulatory decision
- MSC holds that cities can regulate wages in municipal contractor agreements that affect or involve city property
- COA holds that violation of parole is not interfering with administration of justice
- COA: Insurance policy requiring “direct contact” with an unidentified vehicle limits plaintiff’s claim for uninsured motorist benefits
- COA: Notice under the No Fault Act does not need to identify a specific injury in order to be effective
- COA concludes that notice under the No Fault Act does not need to identify a specific injury in order to be effective
- COA says that the mere continuation exception to a successor corporation’s non-liability is alive and well in Michigan jurisprudence
- MSC holds that, under the Public Works Bond Act, actual receipt of notice is not necessary
- COA concludes that a consent judgment does not have preclusive effect where factual issues were not tried in the prior proceeding and where the judgment was intended to be temporary
- COA: Judgment interest is not included with a sanctions award
- COA: Closed informal sessions do not violate the Open Meetings Act
- COA: DHHS must conduct an individualized assessment before terminating the rights of a cognitively impaired parent
- COA – No contract was ever formed in loan modification agreement left partially unsigned by home owner and unsigned by loan servicer
- Conviction for armed robbery does not require victim to have reasonable belief that defendant possesses weapon
- Driving drunk in driveway is not operating while intoxicated
- “Legal act” requirement still met when conspiracy participants agree to commit an illegal act in an illegal manner
- Defendant not guilty of home invasion for breaking into room of a house where defendant was lawfully present.
- A consecutive sentence cannot be ordered for an individual on federal supervised release as opposed to parole
- COA rules that a witness may be accompanied by a support animal when testifying
- COA: Trial courts have a heightened duty to determine the motivation on a Batson challenge where non-verbal communication is the alleged basis
- COA – Where Court of Appeals previously ruled that there was sufficient evidence of causation to go to a jury, that issue could not be re-litigated on remand
- “Cousins by marriage” are not treated as a “relative” under no-fault
- MSC grants MOA to consider whether CSC-I conviction requires lifetime electronic monitoring
- MSC grants MOA to consider whether failing to inform defendant of lifetime electronic monitoring makes CSC-I plea involuntary
- Terminating parental rights because parental rights have previously been terminated violates due process, says the COA
- MSC holds that mortgage-lender could still sue third-parties who induced bad loans even after the lender purchased the mortgaged property for “full credit” at foreclosure sale
- COA – County Child Care Fund responsible for payment of half of the supervision costs related to foster care placements
- COA – A corporation’s health or enjoyment of the environment may be adversely affected by a release or threat of release from a facility, thus it has standing to bring suit under the NREPA
- COA – Indirect ownership under MCL 208.1117(6) means ownership through an intermediary, not ownership by operation of legal fiction
- MSC: Arbitration clause included in invoice for art purchased on a cruise ship does not apply retroactively to previous purchases
- MSC to determine whether an expert witness must establish specific causation in a toxic tort case to defeat summary disposition
- COA: Nature, not necessarily nurture, establishes the familial link for inheritance purposes involving a posthumously-born child
- Driving with a bike rack or trailer hitch? Beware: it can get you pulled over
- MSC grants MOA to consider whether trial courts have limited discretion to hold hearing on sufficiency of certain affidavits
- Self-defense is still a valid affirmative defense to a charge of carrying a concealed weapon
- COA: A carryforward of a credit earned under the SBTA is refundable as a “credit” under the MBTA
- COA – Because Plaintiff’s uninsured vehicle was not being operated at time of accident, insurer for State assigned claims plan must pay for PIP benefits as insurer of last priority
- COA – Genuine issues of material fact exist where home health aide could not avoid inherently dangerous condition when all routes to home were covered in ice and snow
- Trial courts have no authority to order Secretary of State to amend driving record after plea is withdrawn pursuant to delayed sentencing agreement
- MSC grants oral argument to consider whether statute entitles stepchildren to wrongful death settlement proceeds
- COA: Unfit parents cannot raise religious objections to the immunization of their children
- Insurer’s latent payment revived the insured’s expired claim for no-fault benefits, says MSC
- COA – Plain language of MCL 552.101 does not affect post-judgment action of decedent naming ex-wife as life insurance beneficiary
- COA: Delay of personal protection benefits improper where reasonable proof has been provided
- COA says that defendant in a child protective proceeding must be allowed to appear and defend himself
- COA – Two statutes relating to the recovery of bail forfeitures do not conflict and each is a viable remedy for commercial surety companies
- COA: Ordinance prohibiting noise that destroys peace and tranquility is unconstitutionally vague
- COA refuses to review the validity of a child support order on appeal from the parent’s criminal conviction for failure to comply with it
- COA holds that arbitrators, not Michigan courts, will decide whether to consolidate arbitrations, unless the parties agreed otherwise
- Proceeds from the sale of a home do not qualify for “home of modest value” hardship waiver for Medicaid reimbursement by a decedent’s estate
- Multi-state businesses may choose the Multistate Tax Compact’s more favorable apportionment formula for pre-2008 tax years, says COA
- COA is bound by prior holding to conclude that res judicata does not bar uninsured motorist claim, but openly expresses opposition to the prior decision
- MSC peremptorily vacates lower courts’ orders and remands termination of parental rights case to circuit court
- Reliability of eyewitness identifications brought front and center in recent COA opinion
- A Michigan Justice Reflects on Justice Scalia
- Justice Antonin Scalia dies at age 79
- A party who agrees that an arbitration clause does not apply is bound by that stipulation, regardless of the harsh results, says COA
- Credentials alone are generally insufficient to establish reliability of expert testimony, says MSC
- COA – Reimbursement for chiropractic services not required under Michigan No-Fault Act as services did not fall under 2009 definition of “practice of chiropractic service”
- COA upholds constitutionality of Michigan’s resisting/obstructing statute
- COA says that ordering a property owner to cease all activity on a designated wetland does not constitute a taking
- COA – DHHS could not recover Medicaid debt incurred by decedents’ estates consistent with due process
- MSC grants oral argument to consider scope of district court funding and revenue sharing
- MSC grants oral argument to consider whether the Court of Claims has authority to determine compensation rate
- MSC to determine whether statute operates as statute of repose or statute of limitations
- COA: Restitution not precluded on the basis of a full credit bid
- Whistleblower Protection Act will not protect a worker fired for reporting suspected future violations (but public policy might)
- MSC grants MOA to consider whether the term “police officer” encompasses reserve police officers
- COA: Michigan Indian Family Preservation Act Not Unconstitutionally Vague
- COA – Municipality allowed to treat water service arrearages as a lien and place them on municipality’s tax rolls
- COA – Be careful when you impugn the character of a nonparty in the course of discovery because you could be liable for defamation
- COA exposes uncertainty on impact of prosecutor knowingly offering perjured testimony
- MSC: Jury instructions on second-degree child abuse is not required when never requested at trial
- COA criticizes separate panel on the constitutionality of state statute addressing juvenile homicide offenders facing the possibility of life without parole
- COA – A live power line on the ground is more dangerous than one in the air making an injury caused by a downed line more foreseeable
- Due process concerns may necessitate public funding for expert witnesses in parental termination proceedings, says the COA
- COA – False academic credentials issued by online university have no place in the State of Michigan
- COA – Insured’s sexual molestation of a minor did not constitute an “occurrence” under the plain meaning of insurance policy
- COA: Requiring a personal representative to mail or personally serve herself with notice would be absurd
- COA takes a look at the reliability of eyewitness identification
- COA – “Components of a pension” do not include choice in form of payment
- COA – Skilled nursing facility responsible for patient’s medical expenses because it assumed financial responsibility under contract with health insurance provider
- COA – Union’s repeated inclusion of prohibited provisions in contract proposal constituted bad faith
- Dictionary definition of the word “under” controls in the Court of Appeals’ ordering of tax credits pursuant to the Michigan Business Tax Act
- Acting with gross negligence does not preclude an officer from claiming immunity under the “Firemen’s Rule”
- Failure to timely object to child-witness’s unsworn testimony constitutes waiver, not forfeiture, despite contrary precedent
- COA determines that the Public Service Commission does not have the authority to uphold a settlement agreement
- Grandparenting visitation time should only be awarded upon a clear denial of visitation by the custodial parent, says the COA
- A Grand Rapids college–and many others–may miss out on a property tax exemption due to “for-profit” status
- MSC questions whether worker’s challenge to union agreement that offsets workers’ compensation benefits against social security disability insurance is preempted by federal law
- MSC to review the constitutionality of the Electric Transmission Line Certification Act
- MSC will examine the collateral attack rule as it applies to cases terminating parental rights
- COA holds that the Court of Claims does not have jurisdiction over production company’s challenge of Michigan Film Office certification denial
- COA says test vehicles with manufacturer’s license plates are “licensed for use on public highways” under former provision of Michigan’s Use Tax Act
- CPS worker guilty of CSC for sexual relationships with parents he was investigating for abuse/neglect
- Trial courts obligated to resolve challenged victim impact statement in PSIR
- COA – Slip and fall plaintiff did not have burden to present evidence establishing a question of fact in defendant’s motion for summary disposition
- MSC – Can courts address claims by church against former pastor for fleecing flock?
- MSC clarifies the same transaction test for compulsory joinder and res judicata
- Officers’ motive for a knock-and-talk of import in determining whether a “search” has occurred
- COA – Unprofitability due to deflation of market prices is not a force majeure event in a “take-or-pay” contract dispute
- MOA granted to discuss insurance policy’s ambiguous pollution exclusion
- COA finds charter school’s sale of bonds without the proper authority triggered insurance policy’s fraud exclusion
- MOA to review MACP denial of claim as obviously ineligible
- MSC may decide if a village clerk is a “public official” under the Open Meetings Act
- COA reaffirms that the framework established by Smith should be followed in determining the award of attorney fees
- COA: Property owners association cannot use bylaws to impose new and expanded restrictions on a development without unanimous consent
- The State Boundary Commission lacked authority to divide liabilities between township and new city, says COA
- MOAA may soon resolve definition of “public official” under the Open Meetings Act
- Does unconditional no contest plea waive ineffective assistance of trial counsel claim? Michigan Supreme Court to decide
- Is sex-offender registry “punishment”? Michigan Supreme Court set to decide
- Patients, beware: MMMA does not permit smoking in vehicle parked on public lot
- Steanhouse revisited: COA panel disagrees with “principle of proportionality” test.
- COA: In light of Obergefell, Equitable Parent Doctrine no longer limited to the confines of marriage as previously defined by Michigan Constitution and statutory law
- COA affirms Michigan Public Service Commission’s orders setting rates for gas utilities
- COA: geographic cost of living variations do not justify deviation from Michigan Child Support Formula
- COA: Sentences issued prior to Steanhouse’s “principles of proportionality” test subject to remand
- COA: Monthly charge collected by FOC from child and spousal support payments is not an unconstitutional taking nor does it violate substantive due process
- COA: Under the Whistleblowers’ Protection Act, an adverse employment action must be more than an a mere inconvenience
- MSC to determine whether defendant convicted more than once under SORA may also have sentenced enhanced as habitual offender
- MSC grants mini oral argument on whether OV score for predatory conduct is based on defendant’s own conduct or the conduct of accomplices
- MSC to hear mini-oral argument on whether People v Lockridge decision affects relief afforded for improper scoring of offense variables
- COA: An injured party’s failure to submit to a medical examination or an examination under oath does not establish, as a matter of law, ineligibility under no-fault act
- MSC reverses Consumers’ Use Tax exemptions for distribution equipment
- COA: A hospital has no common law duty to assist a discharged patient with transportation
- COA: A motor vehicle that was not driven is not statutorily required to pay for accidental damage arising out of its ownership or maintenance
- COA: Transfer of personal property solely for the purpose of providing a service is nontaxable under Michigan’s Use Tax Act
- COA: Equitable estoppel applies where threats are made to kill or harm family members
- COA articulates standard for “reasonableness” of a departure from the sentencing guidelines in post-Lockridge world
- COA: If insurer has written notice of third party’s claim, its liability is not discharged by settling with insured under MCL 500.3112
- COA: Parole Board must interview prisoner before it decides whether to deny parole application
- COA: Restitution only available for victims named in the charged conduct
- COA concludes that the plain terms of trust authorized “Lady Bird” Quitclaim Deed and there is no presumption of undue influence without a fiduciary or confidential relationship
- COA: Disinheriting language in a will does not deprive children of their statutory right to exempt property, says the COA
- COA holds that a recent amendment to MCPA does not apply to conduct that occurred before March 28, 2001
- COA: Co-owner of condominium unit is not a tenant of common areas of development, nor is he a licensee or invitee for premises liability purposes
- COA: Registration as a sex offender is not “punishment”
- MSC: Consecutive sentence requires trial court to find that the two offenses arose from the same transaction
- COA holds that a deed may remain valid even if the acknowledgment is defective
- COA: Order regarding grandparenting time is a final judgment and therefore appealable by right
- COA: Where larceny is predicate offense to second-degree home invasion charge, trial court must not instruct on lesser-included offense of third-degree home invasion
- COA determines that a member of the public lacks standing because the statute provides no legal cause of action for the public
- COA: Estate planning documents that name the drafting attorney as a beneficiary are not per se invalid
- MSC to hear mini-oral argument on whether evidence of “dissimilar” acts of sexual abuse is admissible in CSC case
- COA: No time limit for trial court to correct Judgment of Sentence to impose lifetime electronic monitoring for CSC-I conviction
- MSC to hear MOA on meaning of order that eliminated retiree benefit contributions
- COA: Parties’ intent determines whether health care benefits survive CBA’s expiration
- COA: Gag order violated First Amendment
- MSC agrees to hear Swain innocence appeal
- COA: Application of mandatory sentencing guidelines after Lockridge requires remand to determine whether error is harmless
- COA: Where Old Chief stipulation is insufficient to prove element of offense, prosecution may introduce evidence of defendant’s prior driving history.
- MSC to address whether customers may receive electrical services by a municipality outside of that municipality’s boundary
- MSC to hear mini-oral argument on whether a challenge to a criminal contempt order is an impermissible collateral attack
- COA upholds retroactive repeal of the Multistate Tax Compact
- Gov. Snyder appoints Professor Joan Larsen from U of M to replace Justice Kelly on the MSC
- Gov. Snyder appoints Oakland Circuit Judge Colleen O’Brien to the Court of Appeals
- MSC holds that contracts with unlicensed residential builders are not “void,” contrary to statements in prior precedent
- COA holds that a claim for underinsured motorist benefits is a third-party tort claim for purposes of the Michigan Uniform Trade Practices Act
- MSC to address whether driving an uninsured vehicle in husband’s name is an “owner” under no-fault
- COA: Restitution must arise out of defendant’s conduct that results in a conviction
- COA holds that court-appointed guardian ad litem is entitled to compensation for services rendered in tort litigation
- COA holds that church advisory body is congregational in nature and therefore judiciary could not resolve wrongful termination dispute
- COA rules insurer of commercial transportation vehicle may be liable for claims arising from injuries sustained in accident involving an uninsured vehicle sharing common ownership
- COA vacates custody order for referee’s violation of procedural and substantive requirements
- MSC: Court to review judgment in favor of teacher who made racial “joke” in a third-grade classroom
- MSC hears controversy over the COA’s proposal to restrict citation to unpublished opinions
- MSC to determine whether a mental health professional has a duty to prevent false accusations of childhood sexual abuse by parents
- MSC to hear mini-oral argument on the application of the 91-day extension for filing an affidavit of merit and whether billing records are considered “medical records
- MSC to hear oral argument on a railroad’s duties to maintain a safe grade crossing
- COA: Definition of “firearm” does not require weapon to be operable for purposes of MCL 750.227(2)
- COA: Reserve police officer is not a police officer for purposes of the resisting and obstructing statute
- COA holds truck engaged in towing objects is being used as a “motor vehicle” within meaning of Michigan No-Fault Act
- COA: Medical bill and records do not constitute notice that would toll the statute of limitations on action to recover personal protection insurance benefits
- COA: Courts must consider whether less intrusive arrangements are available before granting a contested petition for conservatorship
- COA holds that a manager of an LLC does not have standing to bring a suit on behalf of its company and that the relation back doctrine for amending a complaint does not apply to adding a party
- COA holds that for Lockridge appeals, same remand procedure applies to claims of preserved and unpreserved error
- COA: Prisoners’ equal protection rights are not violated when they are foreclosed from seeking monetary relief for their injuries under the Elliot-Larsen Civil Rights Act
- COA: Unchallenged DNA evidence plus a reasonable belief that an individual may be the biological father of a child is enough to establish a mistake of fact under Michigan’s Revocation of Paternity Act
- COA: trial court may only consider conduct occurring at the time of the criminal offense to score OV 7
- COA: Under MCL 600.2912d(2), plaintiffs may file AOM within 28 days of medical malpractice complaint where delay is due to defendants’ assurances
- COA concludes that exemplary damages are not available in suits for libel unless claimant seeks a retraction
- COA holds there is no right to a limited medical license for individuals denied access to postgraduate residency program
- COA: Jury must determine sentence for juvenile homicide offenders facing the possibility of life without parole
- COA re-affirms presumption that municipal utility rates are reasonable
- COA affirms custody, child support, and attorney fee decisions in custody battle
- COA finds that ESPN is entitled to names of MSU student-athletes named as suspects in University police incident reports
- COA: Defendant is entitled to withdraw plea if court did not comply with MCR 6.610(E)(4)
- COA: Res judicata does not bar separate actions for uninsured motorists benefits and personal injury protection benefits under Michigan’s No-Fault Act
- MSC: The prosecution has an affirmative duty to correct false testimony
- MSC upholds right to work for civil service employees
- COA: A person appointed to a receivership cannot be held personally liable for attorney fees
- COA holds that The Friend of the Court office is shielded from liability when acting as an arm of the family court
- MSC rules that mandatory Michigan Sentencing Guidelines are unconstitutional; sentencing guidelines are now advisory
- COA holds that PERA prohibits an employer from collective bargaining over any decision with regard to teacher placement
- COA: Parolees are not immune from prosecution for prison escape under MCL 750.193
- MSC: There is no res gestae exception to MRE 404(b)
- COA: MERC erred in refusing to permit employer to pursue an alternative claim
- MSC decides ninth MMMA case in just three years in latest attempt to clarify the law.
- MSC: Defendant is entitled to new trial because trial court’s conduct created appearance of advocacy or partiality against a party
- MSC: Filing of a medical malpractice complaint before the notice period ends does not commence the action or toll the running of the limitations period
- COA: A properly crafted named-driver exclusion in a vehicle insurance policy allows insurers to exclude coverage for damages caused by specific drivers
- Treasury must give industries a pro rata tax exemption if their personal property is sometimes used for exempt purposes, says MSC
- MSC rules that convictions for both OWI and OWI causing injury, arising out of same incident, violates double jeopardy
- COA requires clear and convincing evidence of arbitrary and capricious decision-making to overturn adoption decisions of the Michigan Children’s Institute
- COA: Condominium association must follow formalities in bylaws before initiating suit
- COA determines that an assignee of a cause of action becomes the real party in interest with respect to that cause of action
- COA holds that utility companies may install “smart meters” on customer property and enter onto property without owner permission
- COA: Tort claimant suing transit authority cannot satisfy statutory requirement of timely written notice of claims by filing application for no-fault benefits
- COA – WPA plaintiffs must be a current employee and are obligated to prove their whistleblowing objectively advances the public interest
- COA: DNA is material to defendant’s identify under MCL 770.16(3) even where blood-type evidence at trial excluded defendant as perpetrator
- MSC resurrects real estate transfer tax exemption for homeowners
- COA awards attorney fees to summer resort based on bylaws provision contemplating both lien and legal action to collect delinquent dues
- COA: No clear error where trial court makes findings of fact and evidentiary evaluations under MCR 2.504(B)(2)
- MSC: E-mail Requesting Increased Settlement Offer is Not Itself an Offer
- MSC: Is evidence of pre-arrest silence admissible if defendant fails to immediately come forward with a claim of self-defense?
- MSC to hear mini-oral argument on the proper standard for reasonable attorney fee determinations in no-fault insurance suits
- MSC to address the constitutionality of expanded “knock and talk” procedures
- MSC: Defense counsel ineffective for failing to engage expert to testify regarding victim’s cause of death
- COA: Statements made to police for the purpose of reporting criminal activity are entitled to absolute privilege in defamation suits
- MSC grants leave to consider the enforceability of contractor non-compete provisions in 5 Hour Energy trade secrets dispute
- COA: A plaintiff cannot rely on the internal documents of a defendant transportation authority to satisfy the notice requirement under the MTA Act
- COA: Proper consideration of a child’s best interests in custodial dispute does not require court to interview the child to determine the child’s reasonable preference
- COA: A “finder” may not have to register under Michigan’s Uniform Securities Act
- COA to lower courts: Consider proper statutory factors before ruling on child-custody jurisdiction
- MSC: Governmental employee’s failure to intervene in victim’s already initiated drowning does not transform inaction into the proximate cause of the victim’s death
- COA holds that the presumed father is a necessary party for paternity actions under the RPA
- COA: Wrongful death actions on behalf of a nonviable fetus get same treatment as if brought on behalf of a “person”
- MSC: Insanity is a potential defense to any crime
- MMMA revisited: MSC rules that whether drug “paraphernalia” meets the statutory definition depends on the item’s use
- COA Judge Donofrio to retire in September
- COA concludes that cities served by a district court located elsewhere must financially support that court, and are not entitled to share in court revenues collected for purposes other than prosecution
- COA holds that City of Flint violated its own sewer and water ordinances, limits Emergency Manager powers
- COA: Termination of parental rights under Indian Child Welfare Act requires expert testimony regarding likely harm of continued parental custody
- COA: Training enrollment deadlines of the Trade Act of 1974 do not apply to training waivers
- MSC mini-oral argument: Is drug dog false alert sufficient for probable cause?
- MSC mini-oral argument: Is it a crime to steal fixtures from a home during the redemption period?
- MSC to determine whether prenup trumps statute providing for spousal support
- COA determines that renewals of insurance policies are not applications for insurance for purposes of Michigan statute
- MSC holds that the government may raise defective notice as an immunity defense at any time
- MSC to hear mini-oral argument on implementation of Department of Environmental Quality’s NOx emission rules
- COA: BB gun is not a dangerous or deadly weapon
- COA: strict liability for misdemeanor moving violation statute does not offend due process
- MSC says law firms represented by own lawyers cannot get case-evaluation sanctions
- MSC to consider whether expert may testify in malpractice action if no longer certified in same specialty as defendant
- MSC holds that courts have original jurisdiction over claims against governmental subdivisions
- COA affirms constitutionality of DNR’s classification of Russian boar as an invasive species
- COA clarifies rules for awarding spousal support, attorney fees in divorce cases
- COA holds teacher’s termination in violation of the Revised School Code gives rise to private cause of action
- COA holds that the terms of an installment sales contract did not apply to the down payment on a vehicle
- MSC grants mini-oral argument on question of whether officer lawfully entered a residence without a warrant
- MSC grants mini-oral argument on whether jury should have been instructed on second-degree child abuse in child death case
- MSC grants mini-oral argument on whether the rape shield applies to evidence of prior sexual abuse of a child
- COA rules that trial court may not impose consecutive sentence unless authorized by statute
- COA clarifies the proper method for annual CPI adjustments for MPSC rate setting and holds that for purposes of rate setting by the MPSC, a statute is implemented when it takes effect
- COA determines that agencies may amend rules after public comment stage has ended
- COA: Lifetime electronic monitoring of defendant convicted of second-degree criminal sexual conduct is constitutional
- MSC directs trial court to correct judgment of sentence that lists four first-degree murder convictions when only two people were murdered
- MSC grants mini-oral argument on whether reasonable mistake of age is a defense to third-degree criminal sexual conduct involving a 13 to 16-year-old
- MSC holds that MRE 803(7) permits a defendant to introduce evidence of an undocumented report of sexual abuse made to a school official
- MSC holds that presentence report must include sentencing guideline calculation for all offenses of conviction
- MSC grants mini-oral argument to consider whether defendant can be charged with felony under Election Code for forging signatures on nominating petition
- COA reiterates the finality of arbitration awards
- COA finds that the No Fault Act limits work loss benefits to a specified income level, not a specified income loss.
- COA: Michigan’s Child Custody Act allows third-party custodians to rebut the parental presumption
- COA reaffirms that employees who file for disability benefits must present certified statements of disability
- COA upholds court’s right to order child support for high school students, even after age 18
- COA holds that a scooter is a “vehicle” under the Michigan Vehicle Code when operated on public roadways
- COA: Prior acts of CSC may not be excluded merely because jury may draw propensity inference
- COA affirms DTE’s power supply cost recovery plan
- COA: Res judicata need not bar piercing the corporate veil post-judgment
- COA holds that a parent’s failure and inability to protect children from abuse supports termination of that parent’s rights
- COA: Michigan’s No Fault Act does not allow out-of-state residents to sue in tort for economic damages outside of those provided for by personal protection benefits
- COA upholds public body’s right to require down payment of fees before processing FOIA requests
- COA holds that points under OV 4 must be supported by evidence of psychological harm to victim
- COA holds that defendant cannot be sentenced as both a general habitual offender and a SORA habitual offender
- COA considers whether certain claims in a church dispute are barred by the religious protections of the First and Fourteenth Amendments
- MSC to decide whether contractors that prevail on contract claims are entitled to attorney fees under the Construction Lien Act where their lien foreclosure claims remain unresolved
- MSC to determine where remaining funds donated to help ailing man should go
- COA holds that trial court lacks authority to dismiss criminal charges unless defendant remains incompetent to stand trial for full statutory 15-month period
- Michigan Supreme Court upholds full privilege from discovery for reports created by peer-review committees in hospital investigations
- COA holds that trial court cannot order MSP to retest blood alcohol
- COA holds that trial court erred by charging defendant probation enhancement fee
- MSC confirms that courts must consider the best interest of the child before revoking an acknowledgement of parentage
- COA determines that Michigan’s Medicaid estate recovery program does not require notice of recovery upon Medicaid enrollment
- COA: MCR 2.405’s offer of judgment sanctions do not include appellate fees and costs nor are judgment sanctions entitled to statutory judgment interest
- COA considers alternative arguments in Galien Township school funding case and upholds its earlier decision
- COA holds that an affidavit of merit in a medical malpractice action is proper where it was reasonable to believe an expert is qualified to testify at trial at the time the affidavit was signed
- COA concludes that member oppression claim was timely as relevant statute operated as statute of limitations and not statute of repose
- COA: A farm equipment dealer must terminate agreement with supplier by certified mail to obtain relief under the Farm and Utility Equipment Act
- COA adopts SCOTUS’ functionality approach to determine whether a legislator’s acts are immune from civil liability
- COA: dismissal of medical malpractice action against doctor without prejudice does not bar an action against doctor’s principals
- COA holds that defendant must register under SORA even where conviction for unlawful imprisonment of minor involved no sexual contact
- MSC grants mini-oral argument to consider whether termination of parental rights was in best interests of child
- COA holds Fraternal Order of Police Associates and Olympia Entertainment are not liable for homicides after serving alcohol to murderer
- MSC directs COA to decide whether state’s failure to execute probation violation warrant, when it knew defendant was serving prison sentence out-of-state, entitles defendant to relief
- MSC grants mini-oral argument on question of whether obstruction of a license plate by a towing ball, in violation MCL 257.225(2), permits traffic stop
- MSC will consider whether trial court erred by admitting entire recording of interrogation and testimony regarding sexual abuse accommodation syndrome
- COA clarifies distance calculations under Michigan’s 100 mile rule in child custody disputes
- COA concludes that a party who prevails under the Revocation of Paternity Act may vacate a prior child support order
- COA holds that part of a facility may qualify for air pollution control tax exemptions but the State Tax Commission must seek MDEQ’s approval before granting such exemptions
- MIFPA’s high standard for denying request to transfer adoption proceedings to tribal court may give tribes a second bite at the apple
- COA finds that trustees lack standing to sue for breach of contracts ancillary to a trust agreement
- COA: Pontiac emergency manager’s order eliminating retiree benefit contributions is not retroactive
- COA holds guaranty actions and foreclosure actions are separate actions for the purposes of compulsory joinder and res judicata.
- COA holds public employers have no duty to bargain over choice of healthcare contribution limit under new law
- Trial court must have prosecutor’s approval to sentence defendant to drug treatment court, if doing so requires a departure from the defendant’s sentencing guideline range
- COA distinguishes standards affiliated with a modification of custodial environment and a modification of parenting time
- COA holds real estate broker liable for slander of title for failing to comply with the Commercial Real Estate Broker’s Lien Act
- COA upholds merit-based layoffs for teachers
- COA affirms paternity determination and child custody and parenting time award, demonstrating great deference to trial court
- COA: a car rental agency may not contract to shift burden of maintaining vehicle insurance on short-term renter
- COA rules unilateral mistake no defense to binding settlement agreement
- COA determines that there is no intentional tort exception to the Governmental Tort Liability Act
- COA finds Defendant does not lose immunity under Emergency Medical Services Act for failure to timely file an affidavit of meritorious defense
- COA holds that failing to register as a sex offender is a strict liability offense
- MSC orders reconsideration of attorney fees awarded under the Open Meetings Act
- COA holds that Workers Compensation magistrates must consider all information in a criminal indictment before excluding the entire document
- COA: State Law’s preference for placing Indian children within Indian culture more robust than that of Federal Law
- COA upholds constitutionality of MCL 769.1k. Trial courts may impose any reasonably related court costs on criminal defendants
- COA finds that suspicion of future violation of law suffices in whistle-blower claims
- COA: Parties may move for modification of spousal support after support obligation ends
- MSC to consider parameters of subject-matter jurisdiction for district courts
- MSC orders resentencing after determining the conspiracy offense to be a crime against public safety not against a person
- MSC to consider whether police officers’ false statements can be used against them in prosecutions for obstruction of justice
- No-fault insurer liable for attorney fees after its attempt to “rewrite” statute and failure to pay first and seek reimbursement later
- MSC grants mini-oral argument on whether trial court’s failure to give jury instruction on effect of character evidence is reversible error
- MSC grants leave to appeal definition of notice within the Public Works Bond Act
- MSC grants mini-oral argument to consider whether the Insurance Code’s FOIA exemption violates Michigan’s Constitution
- MSC orders COA to hear plaintiffs’ alternative arguments in a case of false student attendance reports
- COA holds that the Michigan Trust Code’s statute of limitations provision applies retroactively so long as an individual’s rights have not been impaired
- Communications with mental health crisis line worker are not privileged where defendant made threats of violence against third parties
- COA concludes that donors’ names are subject to FOIA disclosure
- Emergency manager’s power to appoint school board official is superior to the board’s appointment power, according to COA
- COA affirms torture, home invasion, and assault convictions in one of the worst criminal cases it has ever seen.
- COA holds that prosecution must provide notice of intent to use other acts evidence in writing or orally in open court under MRE 404(b)(2)
- Court of Appeals finds Ferris is entitled to attorney fees against law firm for frivolous case
- No showing of “necessity” is required to issue a certificate of “public convenience and necessity” for major electric transmission lines, says COA
- COA upholds former Assistant Attorney General’s just-cause termination for public anti-gay remarks
- COA holds municipalities may provide electrical delivery services to customers outside of city limits so long as another utility company is not presently providing such services
- COA holds Quiet Title statute is constitutional and clarifies a party’s right to a jury under the statute
- COA holds that a trial court’s decision terminating parental rights under the one-parent rule may be challenged on direct appeal
- MSC grants mini-oral argument to determine whether lifeguard’s failure to rescue was the proximate cause of student’s drowning death
- MSC grants oral argument to consider several parts of the Revocation of Paternity Act
- MSC vacates COA’s opinion where it provides a hypothetical that modifies the defendants’ business purpose
- COA upholds validity of antenuptial agreements, even under allegations of abuse
- COA vacates recent opinion on admissibility of expert medical testimony and reaches the same conclusion that surgeon was qualified to testify about the standard of care
- COA holds that expert testimony on the standard of care need not be supported by peer-reviewed literature or general acceptance in the community
- SORA survives another attack as COA holds that sex offender registration not “punishment” for purposes of the U.S. or Michigan Constitutions
- COA Holds No-Fault Statute of Limitations Protects Insurers after One Year
- MSC finds that the Michigan Business Tax Act did not repeal the Multistate Tax Compact
- Amendment to public school employees’ future healthcare and retirement benefits was constitutional
- MSC Oral Argument: Henry v. The Dow Chemical Company
- Webinar — 2025 ACA Reporting Requirements and Strategies
- Association of Human Resources Management 2024 Legal Update: Hot Topics for Employment Law in 2025
- Webinar — Navigating Noncompete Developments: Insights for Health Care Clients and Beyond
- Labor and Employment Quarterly Webinar Series: Civil Rights, Title VII + Elliott-Larsen
- Black Women in Michigan Politics Annual Luncheon
- ASE’s Employment Law Briefing ̶ Muskegon
- DisruptHR Denver 17.0
- Guided Tour of ‘New’ Wage & Paid Sick Leave Laws
- MMA Update: Supreme Court Paid Leave Decision & the Impact on Manufacturers
- Earned Sick Time Act and Improved Workforce Opportunity Wage Act Reinstated – What You Need to Know
- Labor and Employment Quarterly Webinar Series: ADA Accommodations
- SBAM Webinar: Understanding and Navigating Revised Independent Contractor Rules
- Warner 2024 HR Seminar
- Labor and Employment Quarterly Webinar Series: FMLA
- National Bar Association: Overview of Affirmative Action Supreme Court Decision, DEI Legal Landscape and ADR
- FEI Detroit: Crafting Leadership
- Michigan Municipal League’s Cap Con 2024
- Making DEI Last: The Role of the CEO and Senior Leadership
- Automotive Roundtable Series Qtr 1: Hot Topics in Labor Law
- Labor and Employment Quarterly Webinar Series: 101 Basics
- ACA Reporting Requirements and Strategies
- Grand Rapids Chamber’s OUTPRO Forum: Beyond the Politics
- State Bar of Michigan Cannabis Law Section: Annual Conference and Meeting
- The Employers’ Association 2023 Annual Business Meeting
- Warner 2023 HR Seminar
- Michigan Lawyers Weekly Hall of Fame Luncheon
- State Bar of Michigan Cannabis Law Section: Spring Training 2023
- Michigan Planners Educational Series 2023 Lineup: The Current State of Our Legislature
- TAHRA Monthly Meeting: Ethics – Standards for Employee Investigations
- MEMA Original Equipment Suppliers 2023 Automotive Supplier Legal Trends
- ACA Reporting Requirement Update and Strategies
- Webinar — The Return of the Earned Sick Time Act as Originally Adopted
- Michigan County Medical Care Facilities Council: 2022 Fall Financial
- White Collar Exemptions – Labor Law Updates
- Mike Ilitch School of Business – Automotive Summit 2022
- Webinar ─ Internal Investigations: Best Practices and Strategies to Protect Your Business
- Webinar — A Return to the Earned Sick Time Act and Improved Workforce Opportunity Wage Act as Originally Adopted
- Warner 2022 HR Seminar In-Person Event
- Webinar: Cannabis Labor and Employment Issues in the Workplace
- OESA 2022 Automotive Supplier Legal Trends
- Webinar: Employer Reporting Requirements for the ACA
- What Employers Need to Know About the OSHA Emergency Temporary Standard
- November HR Legal Panel
- Cannabis Law Seminar – Industry Insights and Trends From the Legal Perspective
- Labor Shortages? How to Use Nonimmigrant Visas to Attract and Hire Foreign Talent
- Warner Virtual Automotive Executive Roundtable Series: HR Challenges and Issues
- Webinar: COVID-19 One Year Later: Employment Issues
- Webinar: COVID-19 One Year Later: Supply Chain Disruptions
- Webinar: Considerations for Remote Employees
- Webinar: New COVID-19 Rules and Requirements for Michigan Employers
- Legal Insights and Strategies for Automotive Suppliers – A Roundtable Discussion
- HR Executive Panel
- COVID-19 Safeguards for Staying Back at Work and Avoiding Litigation
- Protect Your Business with Non-Compete, Non-Solicitation & Confidentiality Agreements
- COVID-19 Panel: What Your C-Suite Should Be Thinking About
- Webinar: Updated Safeguard Requirements for Your Workplace as Michigan Reopens
- Webinar: Requirements for Your Workplace as Michigan Reopens
- Webinar: Labor and Employment Update: Preparing the Facility for Operations after COVID-19
- Webinar: Labor and Employment Update: Returning Employees to Work After COVID-19
- Webinar: Strategies and Pitfalls for Retaining, Terminating and Returning Employees to Work in the World of COVID-19
- Webinar: How to Develop and Implement a COVID-19 Preparedness and Response Plan to Protect Your Employees and Your Business
- Webinar: Employment Law Update on Families First Coronavirus Response Act (FFCRA) and New Coronavirus Aid, Relief and Economic Security (CARES) Act
- Webinar: Families First Coronavirus Response Act’s Impact to Employers and Employees
- 2019 HR Executive Panels
- 2019 HR Executive Briefing
- Webinar: Show Me the Money: EEO-1 Pay Data Reporting Requirements and Conducting Pay Equity Audits
- 2019 West Michigan Spring Symposium
- 2019 HR Seminar
- Michigan Paid Medical Leave Act + Marihuana
- IMPACT: Marijuana in the Workplace
- Webinar: Michigan’s New Minimum Wage and Paid Medical Leave Laws
- Webinar: Legal Trends and Challenges Facing Higher Educational Institutions
- Innovation Lunch-and-Learn Series
- 2018 HR Executive Panels (Kalamazoo)
- Webinar: Michigan Lawmakers Adopt Minimum Wage and Sick Leave Laws
- 2018 HR Executive Briefing
- 2018 HR Executive Panels (Traverse City)
- 2018 HR Executive Panels (Midland)
- 2018 HR Seminar
- Webinar: 10 Common Mistakes Managers Make
- Sexual Harassment in the Workplace: Legal & Insurance Perspectives
- Webinar: Sexual Harassment in the Workplace
- 2017 Labor and Benefits Executive Panels (Traverse City)
- 2017 Labor and Benefits Executive Panels (Kalamazoo)
- 2017 Labor and Benefits Executive Panels (Midland)
- Webinar: Addressing Labor & Employment Issues in California
- 2017 HR Seminar
- Chief Compliance Officer Roundtable Series – Feb. 22, 2017
- The Automotive Supplier’s Guide to 2017: Legal Trends and Insight for the New Year
- 2016 Labor and Benefits Executive Panel (Novi)
- 2016 Labor and Benefits Executive Panel (Midland)
- 2016 Labor and Benefits Executive Panel (Traverse City)
- 2016 Labor and Benefits Executive Panel (Kalamazoo)
- Get Ready for the New Federal Overtime Rules
- Exploring the Impact of the FLSA Overtime Ruling on Nonprofit Organizations
- 2016 HR Seminar
- FLSA Briefing – New Regulation Update
- General and In-House Counsel Summit
- Legal Trends to Watch in 2016
- 2015 Labor and Benefits Executive Panel (Troy)
- Partners Ed Bardelli and Amanda Fielder and associate Margaret Jozwiak present on The Flip Side: Best Practices to Reduce Risks of Employment Litigation (MISHRM Annual Conference)
- Partner Andrea Bernard and client Ann Harten of Haworth present on Increasing Your FLSA Budget, the Government Did (MISHRM Annual Conference)
- 2015 Labor and Benefits Executive Panel (Midland)
- 2015 Labor and Benefits Executive Panel (Traverse City)
- 2015 Labor and Benefits Executive Panel (Kalamazoo)
- Anatomy of a Discharge Case
- Webinar: Health Care Reform Reporting Requirements
- Firearms and Other Weapons in the Workplace
- Michigan Public Employer Labor Relations Association Meeting
- Human Resources Seminar 2015
- Webinar: Have You Complied with Your HIPAA Training Duty?
- A Review of 2014 Employment-related Legal, Legislative and Regulatory Developments
- Warner Selected One of the Top Law Firms by Best Lawyers®
- DeAndre’ Harris Tells Crain’s Grand Rapids EEOC Guidance Provides ‘North Star’ for Anti-harassment Policies
- Nancy Samir-Haddad Derleth Joins Warner
- FTC’s Ban on Noncompetes? Warner Partner Says to Expect a Challenge
- Warner Holds Annual HR Seminar on Labor, Employee Benefits Issues
- Warner Partner Allyson Terpsma Honored with Abe DeVries Volunteer Award by Home Repair Services of Kent County
- Warner Partner DeAndre’ Harris Named American Bar Foundation Fellow
- Warner Names Eight Attorneys as Partners
- Warner Partner Robert A. Dubault Named One of ‘Leaders in the Law’ by Michigan Lawyers Weekly
- Geetha Selvam Joins Warner’s Detroit Office
- Zainab Hazimi Selected for Leadership Detroit 44
- Warner Represented Star Truck Rentals in Its Sale to Penske Truck Leasing
- Danica Hosaka Appointed to West Michigan Asian American Association Board of Directors
- Two Warner Partners Honored by Grand Rapids Bar Association and Justice Foundation of West Michigan
- Two Warner Partners Named to Crain’s 2023 Notable West Michigan Lawyers
- Warner Partner Andrea J. Bernard Honored by Inclusion in Michigan Lawyers Weekly 2023 Hall of Fame
- Warner Attorney DeAndre’ Harris Named to Lawyers of Color’s Hot List
- Warner and MEMA Original Equipment Suppliers to Present ‘2023 Automotive Supplier Legal Trends’ Seminar
- Zainab Hazimi Appointed to Junior Achievement of Southeastern Michigan’s Rising Achievers Advisory Board
- Dennis Loughlin Interviewed by Crain’s Detroit Business for Supply Chain Bankruptcy Story
- Warner Attorney DeAndre’ Harris Selected for Leadership Grand Rapids 2023 Cohort
- Warner Attorney DeAndre’ Harris Joins Boys and Girls Clubs of Grand Rapids Board
- Michigan Supreme Court Rules that ELCRA Includes Protection Against Discrimination Due to Sexual Orientation
- Robert Dubault and Anne Steen Provide Legal Perspective in MiBiz Article on New State Laws Phasing Out Employer Liability Protections Enacted During Pandemic
- Robert Dubault Quoted in MiBiz Article on Court Ruling Upending Business Model for Restaurants and Bars
- Robert Dubault Interviewed by MiBiz on Adopt-and-Amend Ruling; Warn of Restaurant and Lodging Closures
- Warner Names New Practice, Industry Group Leaders
- Robert A. Dubault Named Executive Partner of Warner’s Muskegon Office
- Warner Partner Allyson R. Terpsma Honored by Michigan Lawyers Weekly
- Kelsey M. Dame Joins Board of Women’s Resource Center
- Warner Represents US Subsidiary in Connection With Chervon Holdings’ Initial Public Offering
- Warner Names Four Attorneys as Partners
- 51 Warner Attorneys Rated 2022 Top Lawyers by Grand Rapids Magazine
- Warner Ranked Top-Tier Law Firm by Best Lawyers®, U.S. News & World Report
- Warner Partner Jonathan Kok Featured in MiBiz Article “Reporter’s Notebook: Biden’s vaccine mandate a legal and workplace minefield”
- Warner Partner Jon Kok Interviewed for MiBiz Article on Federal Vaccine Mandate’s Effect on Manufacturing Industry
- 105 Warner Attorneys Rated Best Lawyers in America©
- 12 Warner Attorneys Named Lawyers of the Year
- 11 Warner Attorneys Named to Best Lawyers®: Ones to Watch List
- Labor and Employment Attorney Steven K. Girard Joins Warner
- Warner Partner Matthew Nelson Joins Conductive Learning Center Board
- Amanda M. Fielder and Jonathan P. Kok to Co-chair Warner Labor and Employment Practice Group
- Warner Represented Kendall Electric, Inc. In Its Acquisition of Rumsey Electric Company
- Warner Partner Jonathan Kok Among Michigan Go To Employment Lawyers
- Amanda M. Fielder Named American Bar Foundation Fellow
- OESA and Warner to Present “2021 Automotive Supplier Legal Hot Topics”
- 35 Warner Attorneys Rated 2021 Top Lawyers by Grand Rapids Magazine
- Warner Ranked Top-Tier Law Firm by Best Lawyers, U.S. News & World Report
- 102 Warner Attorneys Rated 2021 Best Lawyers in America
- Eighteen Warner Attorneys Named Lawyers of the Year
- Eight Warner Attorneys Named to Best Lawyers Ones to Watch List
- Amanda M. Fielder Named to Michigan Lawyers Weekly 2020 Women in the Law
- Businesses forced to rethink ‘normal’ operations amid COVID-19: Preparing for worklife after the ‘Stay Home’ order lifts
- Warner Responds to COVID-19
- Two Warner Partners Honored Among Top 50 Most Influential Women
- Warner Ranked Top-Tier Law Firm by Best Lawyers, U.S. News & World Report 2020
- Warner Attorneys to Participate in Leadership Programs
- Fifteen Warner Partners Named Lawyers of the Year
- Chambers USA 2019 Names Warner a Leading Michigan Law Firm
- Warner Holds Annual HR Seminar on Benefits, Labor Issues
- Warner Represents ChoiceOne Financial Services, Inc. in Its Merger with County Bank Corp.
- Warner Names Eight Attorneys as Partners
- Warner Ranked Top-Tier Law Firm by Best Lawyers, U.S. News & World Report
- Two Warner Partners Named to Grand Rapids Business Journal’s 40 Under 40 List
- One Hundred Warner Attorneys Rated Best Lawyers in America
- Eleven Warner Partners Named Lawyers of the Year
- Warner Offers HR Seminar on Benefits, Labor Issues
- Three Warner Partners Elected to Management Committee
- Chambers USA 2018 Warner Partners as Leading Michigan Law Firm
- Sexual Harassment in the Workplace: What Employers Need to Know
- Warner Ranked Top-Tier Law Firm by Best Lawyers, U.S. News & World Report
- Elisabeth M. Von Eitzen to Participate in Leadership Kalamazoo
- Warner Offers Seminar on Human Resources, Benefits
- Warner Partners Named to New Leadership Roles
- Warner and OESA Partner on 2017 Legal Trends Seminar
- Warner Ranked Top-Tier Law Firm by Best Lawyers, U.S. News & World Report
- Warner Offers HR and Benefits Executive Panel in Midland
- Warner Offers HR and Benefits Executive Panel in Novi
- Warner Offers HR and Benefits Executive Panel in Traverse City
- Fourteen Warner Attorneys Named Lawyers of the Year
- Full-time Hiring Top Priority of Employers, Warner Survey Finds
- Warner Partner Andrea J. Bernard Selected as 2016 Leader in the Law
- Two Warner Attorneys Honored Among 50 Most Influential Women
- 5 Tips For Employing Retirees
- Warner Offers HR and Benefits Executive Panel in Troy
- Warner Offers HR and Benefits Executive Panel in Traverse City
- Warner Offers HR and Benefits Executive Panel in Midland
- Warner Offers HR and Benefits Executive Panel in Kalamazoo
- Invitation for Labor & Benefits Executives to Participate in Panel Sessions
- Warner Selected as a SHRM Preferred Provider
- President Biden’s Parole in Place Initiative and DACA: Key November 2024 Developments
- eAlert and Law Shanty: Federal Court Invalidates Department of Labor Rule Increasing Salary Threshold for White Collar Overtime Exemptions
- Dan Persinger: Employers prepare for uncertainty over H-1B visas
- Updates on FLSA Salary Level Test and Proposed Changes to the ESTA – Perchance
- Don’t Get into Trouble with ICE! Immigration HR Issues to Watch For
- Michigan Issues Important ESTA Updates
- FTC Noncompete Rule Set Aside with Nationwide Effect
- Special eAlert and Law Shanty: Michigan Supreme Court Rules Legislature Action Unconstitutional, Reinstates Earned Sick Time and Improved Workforce Opportunity Wage Act
- Court Enjoins FLSA Salary Threshold Increase – But Only for Employees of the State of Texas
- Trends in the Term: Pending Decisions Distinguishing the Michigan Supreme Court’s 2023-2024 Civil Docket
- Three Big Updates in Labor Law
- Employers, Employees Look for Middle Ground on Noncompetes
- DOL FLSA Salary Test Final Rule – But is it Final?
- FTC Voids Noncompetes … Maybe
- FTC Bans Noncompete Clauses in the Employment Context and DOL Imposes Substantial Increase to Salary Threshold for FLSA White Collar Exemptions
- SCOTUS Title VII Standard Eased for Employees
- EEOC Releases Final Rule Implementing the Pregnant Workers Fairness Act
- Upcoming Warner Events: HR 101 FMLA Webinar and the HR Seminar
- Expanding Cybersecurity and Privacy Laws Heighten HR Department Responsibilities
- Texas Judge Vacates NLRB Joint-Employer Rule and an Update to Red Bull’s Formula 1 Investigation
- Car Wreck – Formula 1 Red Bull CEO Allegations
- The NLRB is Reading Your Handbook
- MIOSHA to Start Seeking Additional Workplace Injury and Illness Data from Employers in High-Hazard Industries
- Performance Feedback for a New Generation
- Viral Firing Video: How to Fire an Employee the Right Way
- Here We Go Again: DOL Independent Contractor Final Rule
- Michigan Supreme Court Hears Oral Argument on the Fate of Minimum Wage and Earned Sick-time Laws
- Playing Chicken with the FLSA
- MSC Denies Review Where Whistleblower ‘Reported’ to Own Lawyer
- IRS Publishes Long-Awaited Guidance on Long-Term, Part‑Time (LTPT) Employees
- No Good Deed Goes Unpunished: Uptick in FLSA Litigation Over Attendance Bonuses
- IRS Increases Benefit Plan Limits for 2024
- COVID-19 is Back – Where Have All the Rules Gone?
- Recent Agency Moves May Shake Up Employers
- Teleworking and FLSA and FMLA – Give Me a Break
- Preparing for Health Plan Anti-Gag Clause Attestation
- Covenants Not to Compete – A Special Extended Law Shanty
- Mental Health Parity Guidance is Coming
- Group Health Plan PCORI Fees Due by July 31
- Proposed Title IX Regulation Addresses Transgender Student Eligibility for Athletic Teams
- Supreme Court Clarifies Religious Accommodation Undue Burden Test Under Title VII
- Artificial Intelligence or How the Terminator Started
- What Elliott-Larsen Amendments Mean for Michigan Employers
- What To Do When You Suspect an Employee of Wrongdoing
- Play It Again Uncle Sam – One Final Update to the EEOC COVID-19 Guidance
- The PUMP Act – Creating Reasonable Accommodations for Mothers at Work
- Zainab Hazimi Talks Federal Ban on Noncompetes with Crain’s Detroit Business
- Michigan Attorney General Supports FTC’s Proposed Ban on Noncompete Agreements
- New Bill Ends Presidential National Emergency – What That Means for Employers
- Special Law Shanty Message: SAVE THE DATE 2023 Warner HR Seminar
- Benefit Plan Guidance for the End of the Public Health Emergency and “Outbreak Period”
- Warner Video Special: Happy National Employee Benefits Day!
- Employers: Proceed with Caution when Offering and Enforcing Severance Agreements
- The Right to Work or Not?
- MATCH DAY 2023 Was a Great Success – Now What? Immigration Tips Physician Recruiters and HR Personnel Should Keep in Mind
- Big Changes for Michigan Employers: Right-to-Work Repeal and Prevailing Wage Reinstatement
- Proposed Treasury Regulations Impose Hard Deadline and Requirements on Forfeitures in Defined Contribution Plans
- SECURE 2.0 is Finally Here! Warner Analysis Part 2
- MIOSHA Awakens to Enforce Form 300A Posting and Submission Requirements
- Is an FMLA Leave Request a Protected Activity Even If the Employee Doesn’t Qualify for FMLA?
- Delaware Court Extends Oversight Duty to Officers in McDonald’s Case
- ESTA Is Gone (for Now)
- The Earned Sick Time Act and Increase to Minimum Wage are Gone (for Now)
- Title VII Lessons Learned from the Philadelphia Flyers
- FTC Issues Notice of Proposed Rulemaking to Prohibit Noncompete Clauses
- Warner’s Earned Sick Time Act (ESTA) Policy Offering
- Remote Work Policy
- Warner Partner Allyson Terpsma Pens Article on Employee Surveillance Software
- HR Burnout on the Rise – What Can You Do?
- IRS Significantly Increases Many Benefit Plan Limits for 2023
- HR Professionals Day Q&A Video
- Presidential Pardon of Marijuana Possession: Users Beware
- What’s Old Is New Again: DOL Proposes a Sort-of-New Employee v. Independent Contractor Rule
- Consensual With Consequences: Breaking Company Policies Without Breaking the Law
- HR Professionals Day Offering from Warner
- Stare Decisis: Dress Codes, Union T-Shirts and the NLRB
- 1984 in the Workplace — Is Employee Surveillance Trending?
- The Clean Slate Act’s Impact on Employers
- What Would Sherlock Do?
- A Busy Week in the Courts — ESTA and ELCRA
- Michigan Supreme Court Rules that ELCRA Includes Protection Against Discrimination Due to Sexual Orientation
- Affordable Care Act: Responsibilities for Cannabis Employers
- Michigan Court of Claims Reinstates Earned Sick Time Act and Improved Workforce Opportunity Wage Act As Originally Adopted
- Supreme Court Decisions Leave Employers Guessing
- EEOC Updates COVID-19 Rules
- New Laws Roll Back COVID-19 Protections for Michigan Businesses, Employers and Workers
- NLRB and Union Activity Is on the Rise
- Hiring Interns: To Pay or Not To Pay?
- A “Dope” Shanty Episode
- How Flexible Work Arrangements Can Protect Employers From the Great Resignation
- Just Don’t Ask
- New MDHHS Quarantine Guidance Creates Uncertainty for Employers Under Public Act 238/339
- They Did What? (How Not to Handle a Sexual Harassment Complaint)
- Give Me My Stuff Back!
- Congress Passes Bill Limiting Mandatory Arbitration and Class Action Waivers in Sexual Abuse and Harassment Cases
- Don’t Let the Great Resignation Cause a Big Mistake
- OSHA Announces It Will Withdraw Vaccination/Testing ETS
- Supreme Court Blocks OSHA Vaccine or Testing Rule
- MIOSHA May Delay Adoption of OSHA ETS on COVID-19 Vaccination and Testing
- Updates on the OSHA ETS Litigation and CDC Isolation and Quarantine Guidelines
- What the Sixth Circuit’s OSHA ETS Decision Means for Employers
- Sixth Circuit Dissolves Stay of OSHA’s ETS Mandating Vaccine or Testing for Large Employers; OSHA Sets New Enforcement Deadlines
- Sixth Circuit Declines To Speed up Schedule for Considering OSHA ETS Stay
- CMS Vaccine Mandate Lawsuits Create Further Uncertainty for Employers
- OSHA ETS Remains in Limbo: What Does This Mean for Employers and Employees?
- OSHA ETS Challenges Transferred to the Sixth Circuit Court
- Warner Offers OSHA ETS Policy Templates
- Warner Offers Federal Contractor Vaccination Policy
- Fifth Circuit Stays OSHA Standard Mandating Employee Vaccination or Testing
- Today Is the Day that OSHA Published Its Emergency Temporary Standard
- Breaking News: OSHA Issues Mandatory Vaccine or Testing Standards
- Additional Details: OSHA Issues Standard on Vaccine or Testing Mandate
- Four Ways to Tackle Employee Fatigue
- Helping Your Employees Through Mental Health Challenges
- At Will vs. Just Cause: How to Protect Yourself from Wrongful Discharge Lawsuits
- OSHA To Require Employers With 100-Plus Employees to Mandate COVID-19 Vaccines or Testing
- There’s a New Sheriff in Town: NLRB New General Counsel Jennifer Abruzzo
- Taking Another Shot at Vaccine Mandates
- COVID-19 Pulled Me Back In: Where Are We With Masks?
- Non-Compete vs. Non-Solicitation Agreements: “The Devil’s In the Details”
- Employers Beware: Labor Shortages and Antitrust Laws
- Biden Executive Order Calls for Agencies to Ratchet Up Antitrust and Competition Policy Efforts
- That’s All Folks! MIOSHA Rescinds Previous Emergency Rules
- MIOSHA Rescinds COVID-19 Emergency Rules, But Employers Still Have Health & Safety Obligations
- Warner HR Starter Kit Available for Purchase
- OSHA Issues Emergency Temporary Standard on COVID-19 for Employers in Health Care Sector
- COVID-19 Employment Rights Act
- MIOSHA Issues New Emergency Rules
- Updated MIOSHA Rules Eliminate Masks for Fully-Vaccinated Employees
- CDC Guidance and MIOSHA Rules Differ On Vaccinated People Resuming Activities Without Masks or Social Distancing
- MI Hits Its First Milestone
- Michigan Hits First Vaccination Milestone in Governor’s MI Vacc to Normal Challenge
- Michigan Vacc to Normal Plan and When Employees Can Return to Work
- Governor Whitmer Announces Michigan’s Path Out of the COVID-19 Pandemic
- Remote Work Considerations for After the COVID-19 Pandemic
- Harassment Leadership Training Video
- Role of Employers in Safeguarding Against Workplace Violence
- Governor Whitmer Extends MIOSHA’s Emergency Rules on COVID-19, and MIOSHA Releases Proposed Permanent COVID-19 Rules
- The COVID-19 Vaccine’s Impact on Employee Quarantine Periods and Guidance From the CDC and MIOSHA
- MDHHS Reinstates 14-day Quarantine Period for Close Contact with COVID-19
- The American Rescue Plan Act and Emergency Paid Sick Leave
- Return to Work Update and the MIOSHA Emergency Rule
- President Joe Biden Signs American Rescue Plan, Extending Unemployment Benefits and FFCRA Tax Credits
- Special Edition Video on the New Gatherings and Face Mask Order
- What’s New? Some Recent Developments in Employment Law
- Are Employer Incentivized Vaccination Programs Subject to the ADA and HIPAA?
- New Public Health Recommendations for Vaccinated Persons from CDC
- Is Harassment Still Happening to Employees While Working Remotely?
- President Biden Issues Executive Order on Worker Health & Safety: What Does It Mean for Employers in Michigan and Other States?
- What Employers Can and Cannot Do in Response to Employees’ Social Media Actions
- Further Extension and Modification of the Gatherings and Face Mask Order
- Employers Can Mandate Vaccines – To a Point
- Ring in the New Year with a New COVID-19 Preparedness and Response Plan
- Bringing in the New Year with Updated Guidance for Employers
- The Important Points for Employers in the Consolidated Appropriations Act, 2021
- Michigan Legislature and Governor Revise Employee Quarantine Law to Align with CDC Guidance
- EEOC Issues Guidance on Vaccinations for Employees
- Further Extension and Modification of the Gatherings and Face Mask Order
- EEOC Provides Q&A Regarding Employees’ Vaccination Rights
- Holiday Update on Pressing Employment Issues
- Minimum Wage Increase for 2021 Unlikely in Michigan
- Guidance for Employers When Employees Call In Sick
- Extension of the Gatherings and Face Mask Order
- CDC Revises Close-Contact Quarantine Guidance – What Does It Mean For Michigan Employers?
- Anticipating COVID-19 Vaccines: Can I Require My Employees to be Vaccinated?
- Managing Your Risk of COVID-19 Employment Litigation: Webinar Questions Answered
- New Warner Podcast – Warner News From the Law Shanty
- DHHS Order Further Limits Indoor and Outdoor Gatherings and Restricts Higher Education In-Person Learning
- MIOSHA Revises “Remote Work” Guidance
- CDC Issues Guidance on What is “Close Contact” for COVID-19 Purposes
- Governor Whitmer Signs Three Bills Providing COVID-19-Related Protections to Workers and Employers
- MIOSHA Steps In to Fill Void Left by Invalidated Executive Orders: What Does This Mean For the Workplace?
- MI Supreme Court Doubles Down: Governor’s Executive Orders Are Void
- Back to the Movies: State of Michigan Moves to Permit Gatherings and Events
- DOL Revises FFCRA Rule in Response to Federal Court Ruling
- Back to School (Virtually or Not) and the FFCRA
- Governor Whitmer Updates the List of Principal Symptoms of COVID-19
- Federal Court Upholds Testing Requirements for Agricultural Workers
- Payroll Tax Obligations Deferred in Light of COVID-19
- Governor Whitmer Revises COVID-19 Workplace Safety Order
- State of Michigan Slows Down Reopening
- No Shirt, No Shoes, No Mask—No Service! State of Michigan’s Current Rules on Reopening
- A Reminder Regarding Return to Work Plans
- U.S. Supreme Court Holds That Discrimination Based Upon Sexual Orientation or Transgender Status Violates Title VII of the Civil Rights Act
- Upper Peninsula and Traverse City Regions Move to Stage 5; Non-Essential Personal Care Services to Return June 15, 2020
- New Executive Order Requires Significant Safeguards for All In-Person Work
- Governor Whitmer Further Reopens State of Michigan
- Governor Whitmer Partially Reopens Retail, Restaurants and Offices in Upper Peninsula, Traverse City Regions
- Warner Helps You Navigate “Business As Anything But Usual”
- Governor Whitmer Issues New Executive Order to Reopen Manufacturing
- Governor Whitmer Issues Michigan’s Safe Start Plan
- CDC Provides Additional Guidance on Symptoms of COVID-19
- A Concise Analysis of the New Proclamation Suspending Entry of Immigrants into the U.S.
- DOL Supplements Its Guidance on the Families First Coronavirus Response Act
- Governor Whitmer Issues Revised Stay Home, Stay Safe Executive Order
- Confidentiality of Employee COVID-19 Information: An Update from the EEOC
- Governor Whitmer Issues New Stay Home, Stay Safe Executive Order
- Governor Whitmer Prohibits Retaliation Against Employees Who Stay Home Because They (or Someone They Have Close Contact With) Have COVID-19 or Its Symptoms
- U.S. Department of Labor Announces New Paid Sick Leave and Expanded Family and Medical Leave Regulations
- IRS Issues Guidance on Employee Documentation Necessary for Employers to Maintain and Substantiate Tax Credit Eligibility Under FFCRA
- Sixth Circuit’s Title IX Ruling Raises Specter of Simultaneous Liability to Victims and Accused Harassers
- DOL Issues More Q&As on FMLA and Paid Sick Leave Provisions of the Families First Coronavirus Response Act
- Warner Summarizes the CARES Act
- Practical Tips to Make Your Workplace Safe for “Critical Infrastructure” and “Basic Minimum Operations” Workers
- DOL Issues Additional Guidance on Implementation of FMLA and Paid Sick Leave Provisions of the Families First Coronavirus Response Act
- Stay Home, Stay Safe: How to Protect Your Employees and Your Business When Law Enforcement is Knocking on Your Door
- DOL Issues Fact Sheets and Q&A for Paid Sick Leave and Expanded FMLA Leave
- DOL Issues Posters under the Family First Coronavirus Response Act
- HR 6201 – Updated COVID-19 Leave Law Signed by President
- HR 6201 – The Impact to Employers and Employees
- Federal Agencies Issue COVID-19 Guidance and Resources to Assist Employers and Employees
- Employers Must Switch to New I-9 Form by April 30, 2020
- H-1B Filing Season Set For March 1-20 Using New Lottery System
- The Crossroads Between Criminal and Employment Law
- The Pendulum Swings: A Look at Recent NLRB Decisions
- HR Focus – Fall 2019
- New Salary Threshold to Take Effect on January 1
- Bullying Based on a Disability is an Invitation to a Lawsuit
- Curbing FMLA Abuse in the Summertime
- HR Focus – Spring 2019
- Employers Must Submit 2017 and 2018 EEO-1 Data by September 30, 2019
- Judge Orders EEOC to Begin Collecting EEO-1 Pay Data by September 30, 2019
- U.S. Department of Labor Releases Proposed New White Collar Exemption Rule
- Users Beware: Personal Conversations Are Not So Personal in Court
- Recreational Marijuana – Revisiting Your Drug and Alcohol Strategy
- HR Focus – News Digest – Winter 2019
- HR Focus – Winter 2019
- Michigan Attorney General and Supreme Court Asked to Issue Opinions on the Constitutionality of the Minimum Wage and Paid Medical Leave Laws
- State Issues Paid Medical Leave Act and Workforce Opportunity Wage Act Posters and FAQs
- Governor Snyder Signs Newly Revised Minimum Wage and Paid Medical Leave Laws
- Pay Equity is Becoming a Priority
- Attorney Spotlight: Amanda Fielder on Retaliation Claims
- HR Focus – News Digest – Summer 2018
- ICE Cracks Down on Immigration Violators
- HR Focus – Summer 2018
- Michigan Lawmakers Adopt Minimum Wage and Sick Leave Laws
- Federal Government Dips a Toe into the Paid Family Leave Pool
- Michigan Joins 34 States in Extending LGBTQ Protections to Employees
- Court of Appeals May Have Opened Door for Employees Fired for Timecard Falsification
- Telecommuting as a Reasonable Accommodation: A Tale of Two Cases
- HR Focus – News Digest – Spring 2018
- HR Focus – Spring 2018
- 10 Common Employment Mistakes Family Office Managers Make
- The MSC appoints the Honorable Chistopher Murray as Chief Judge for the COA
- Automotive Focus – Winter 2018
- Preventing and Responding to Claims of Sexual Harassment
- HR Focus – News Digest – Winter 2018
- HR Focus – Winter 2018
- Medical Marihuana and Employment in Michigan: Where are We Now?
- Can a molder extinguish the moldbuilder’s lien by paying the amount owed the moldbuilder to someone else?
- MSC: Should appellate courts review the tape?
- MSC: When is a governmental entity liable under an inverse condemnation theory?
- MSC: When does a trial court lose jurisdiction to resentence a defendant?
- COA: Defendant did not waive standing defense where consent judgment did not expressly show intent to waive a standing argument
- MSC questions whether Grand Rapids implemented a policy of photographing and fingerprinting innocent pedestrians to fail to show ID during investigatory stop
- MSC questions applicability of statutory employee provision of the workers disability compensation act
- Federal Government Cracks Down on Employment of Undocumented Immigrants
- DOL’s Move to “Primary Beneficiary” Test Indicates an Increased Tolerance for Unpaid Interns
- Can equitable estoppel expand your insurance coverage? The MSC has granted leave to decide
- Controversial Clio School District ban on open-carrying weapons in schools will be reviewed by the Michigan Supreme Court
- MSC to consider how strictly prosecutors must adhere to habitual offender notice requirement
- Fear itself . . . is not a “serious psychological injury”
- Memo’s Withdrawal Suggests Fewer Faculty Members and Students Protected by NLRA
- When a misdemeanor is not a misdemeanor
- COA: Insurers may not limit liability for judgment interest without express policy language
- NLRB Overturns Employee Handbook Standard
- COA: A Petitioner is entitled to a Principal Residence Exemption even if the subject property is rented for more than 14 days in a year
- MSC overrules COA decision holding a motion to change schools is not an order affecting the custody of a minor
- Geofencing—Recruiting’s New Golden Technique?
- Does the ADA Require More Than the FMLA’s 12 Weeks Medical Leave?
- HR Focus – News Digest – Fall 2017
- HR Focus – Fall 2017
- MSC to consider scope of rape-shield statute
- MSC: Single photographic identification was unfairly suggestive
- MSC to consider whether it was reasonable trial strategy to allow an expert to testify regarding the victim’s truthfulness
- MSC to decide whether recanting witness’s testimony pointing to a different killer requires new trial for convicted co-defendants
- MSC to consider property tax exemption for subsidiary of non-profit entity
- Justice Larsen confirmed by the Senate to sit on the Sixth Circuit
- MSC to consider whether its “lights out” on the open and obvious doctrine
- COA: It is a violation of the separation of powers for a plea deal to include abstention from public office. MSC denies expedited review.
- MSC to consider whether evidence from past medical malpractice cases is relevant under MRE 404(b)
- Is a wife who did not physically live with her husband a surviving spouse? The MSC will decide.
- MSC grants MOAA to consider applicable standard of care for injury from a golf cart
- MSC to consider whether county’s authority to site buildings trumps township’s zoning authority
- MSC to consider whether playing on a beach is “outdoor recreational use” of land
- COA: A vehicle only became uninsured upon a court’s ruling of no coverage
- MiOSHA to Adopt OSHA Walking-Working Surfaces and Fall Protection Revised Rules
- EEOC Pay Data Collection on Hold
- COA: Court order for physical transfer of a child from a parent constitutes removal triggering the protections of the Michigan Indian Family Preservation Act
- COA: Unjust Enrichment claim is not barred by governmental tort immunity
- Using Loan Money for an Improper Purpose can be Conversion, Even if Money is Legally Acquired
- COA: Attempted crimes may be felonies for sentencing purposes; co-defendant convictions are used to score offense variables
- COA: When driver consents to motor vehicle search, that includes a passenger’s backpack
- COA clarifies scoring of offense variable 4 of the Michigan Sentencing Guidelines regarding psychological injury to the victim
- In a 30-year-old cold case, the MSC holds in a 4-3 decision that a failure to give jury instructions regarding good-character evidence was harmless error
- MSC: Defendant may be sentenced as three-time felony-firearm offender even when prior convictions arose from a single incident
- MSC approves public censure of Sixth Circuit Judge for making disparaging remarks to children in a divorce proceeding
- MSC: 15-year-old conviction that failed the “strikingly similar” test was barred from admission under the character evidence rule
- Protect Your Business With Non-Compete, Non-Solicitation and Confidentiality Agreements
- Business Immigration Planning in Changing Times
- HR Focus – News Digest – Summer 2017
- Attorney Spotlight: Karen VanderWerff, Labor and Employment Partner
- HR Focus – Summer 2017
- COA: Cash value of life insurance policy is exempt from garnishment
- MSC imposes nine month suspension on District Court Judge for interfering with a criminal investigation and misrepresentations
- MSC invalidates post hoc causation reasoning
- MSC grants MOAA to consider whether defendant’s failure to prove plain error precludes finding of ineffective assistance of trial counsel
- COA: Criminal defendant cannot withdraw plea even if court erroneously informed defendant that maximum possible sentence longer than correct maximum sentence
- Jury Verdicts Convicting a Defendant of Two Mutually Exclusive Offenses Are Reviewable
- COA determines that public school employees are required to be deemed totally and permanently disabled by an independent medical advisor to receive disability benefits
- Update: New Form I-9 Employment Eligibility Verification Ready for Use
- COA: Insurer does not have to defend a lawsuit against a police officer that alleges conduct outside the of scope of employment
- COA: Schools Boards do not have to recall laid off teachers to fill job openings in different subject matter
- COA: There is no statute of limitations for filing a Qualified Domestic Relations Order
- COA: Under the Adoption Code courts can only preclude expenses that are related to the adoption of a child
- COA: Canine “sniff” search of vehicle after the completion of a traffic stop constitutes an unconstitutional seizure unless officer can articulate reasonable suspicion of criminal activity
- MSC: Trial Court May Not Correct an Invalid Sentence Sua Sponte After Judgment Has Been Entered
- MSC grants leave to consider whether an attorney can prepare estate planning documents that leave the decedent’s estate to the attorney
- MSC grants MOAA to consider scope of collateral attack rule in child custody matters
- COA endorses streamlined process for amending pleadings
- MSC: Supreme Court “adds” extra day to statute of limitations period for medical malpractice actions
- MSC: The ecclesiastical abstention doctrine does not limit Courts’ subject matter jurisdiction
- COA: Savage and senseless nature of murder is not sufficient evidence of premeditation under first-degree murder statute
- MSC grants MOAA to consider whether trial judge’s questions inappropriately influenced jury’s verdict
- MSC to consider whether mixing and repackaging tobacco renders an individual a “manufacturer” of tobacco subject to the TPTA
- Pay-up: Constitutional to require criminal defendants to pay costs
- COA holds that third-degree child abuse statute is not unconstitutionally vague
- COA holds that the Revocation of Paternity Act applies to children conceived via in-vitro fertilization
- COA: Fit parents have the right to adjust grandparenting time
- MSC grants MOAA regarding whether a district court abuses its discretion in dismissing charges at a preliminary examination based on witness credibility
- COA: Government Computerized Databases Can Be FOIA’ed, But It Will Cost You.
- MSC broadens parked-car exception to the Michigan no-fault insurance act
- COA: Traditional sentencing factors should not apply when sentencing juvenile offender facing life without parole
- MSC grants MOAA to determine whether merely claiming a debt as a “bad debt” is sufficient to entitle the lender to bad-debt tax deduction
- MOAA: Was evidence of defendant’s prior firearms convictions permissible because it bore on wife’s credibility and was not a collateral issue?
- MSC denies leave to consider whether municipalities can bring suit for violating zoning ordinances after decades of use
- MSC grants mini-oral argument to clarify the retroactive application of Executive Order 225 to retiree benefit contributions
- COA Interprets Earth Movement Exclusion As Applying to Any Earth Movement
- COA: The University of Michigan’s Ban on Firearms Does Not Violate the Second Amendment
- MSC: Police “knock and talk” conducted during predawn hours in order to gather information is search subject to Fourth Amendment warrant requirement
- MSC to hear oral argument on whether single photographic identification violates due process
- 2015 and 2016 Informal Guidance on Joint Employment and Independent Contractors Withdrawn
- COA: Discovery of valid arrest warrant following illegal search/seizure does not cure constitutional violation
- MSC: All prisoners are eligible for sentence reduction, not just those already eligible for day parole
- COA: For statute of limitations purposes, a wrong is done when the plaintiff is harmed
- COA: Hearsay laboratory reports welcome at preliminary examination
- MSC holds that healthcare providers do not have a direct cause of action against no-fault insurers
- MSC holds municipal corporations that have not consented to MPSC jurisdiction are not subject to the MPSC’s first entitlement rule
- MSC: Sentencing points for psychological harm to the victim’s family does not require proof that treatment was sought
- COA: Photographs and fingerprints do not trigger a clear Fourth Amendment violation eliminating immunity
- COA: A claim for “reimbursement” against medical providers under the Assigned Claims System is subject to a 2-year limitations period
- COA: If a fire truck has to try to drive safely—then so does a snowplow. There is no immunity from negligence claims while working on roadways
- MSC grants MOAA to consider scope of landlord’s statutory duty to ensure that internal stairways are “fit for the use intended by the parties” and in “reasonable repair”
- MSC grants MOAA to consider when the 90-day limitations period under the Whistleblowers Protection Act is triggered
- COA: Businesses that peripherally participate in auto maintenance and repair are not excluded from coverage under the No Fault Act
- MSC grants MOAA regarding the admission of other-acts evidence under MRE 404(b) and whether MCL 168.937 creates the substantive offense of election forgery
- COA: Self-sustaining operations of the Blue Water Bridge do not trigger exemption to governmental immunity
- COA: State recovery under Medicaid liens is limited by federal Medicaid anti-lien statute
- COA: Unrefined – but unambiguous – contract terms do not create a ripe judicial controversy
- MSC: Trial court has discretion to hold evidentiary hearing to determine if search warrant affidavit is sufficient for probable cause
- Focusing on financial injury can cost you your shareholder oppression claim
- MSC: Insurer’s untimely payment of underinsured motorist benefits is subject to penalty interest under Uniform Trade Practices Act
- MSC: State electrical transmission law prevails over local ordinances regulating new construction
- COA: An easement is vacant if it is non-exclusive and temporary, not when it is not exclusive or permanent
- COA: Convicted felons cannot be authorized medical marijuana providers, even if they have a license
- COA holds that trial courts have authority to make factual findings regarding “special immigrant juvenile” status
- COA: Individual’s membership in and seasonal operation of LLC not enough to establish that he personally “conducts business” in LLC’s county for venue purposes
- COA: Junior mortgagee has a right to surplus foreclosure funds after foreclosure by a senior mortgagee
- Department of Health and Human Services failed to accommodate disabilities by using a one-size-fits-all family reunification plan, says MSC
- MSC holds tax exemption open to all educational institutions regardless of for-profit status
- COA: Right-to-work statute forbids union rules that limit members’ rights to end union affiliations at will
- Judge Saad to retire in November
- MSC grants leave to consider whether a court must indemnify judges for judgments against them
- COA: Defendant released early by clerical error is no longer under control of Dept. of Corrections, may not receive consecutive sentences
- COA addresses the requirement that a departure from the sentencing guidelines need only meet the proportionality standard
- COA: $100 probationary fine for juvenile offenders has no statutory basis
- COA: A dog’s past general aggression is not enough to sustain criminal charges against owners of a “dangerous animal”
- COA: Defendant can withdraw plea if judge deviates from deal, but restitution is constitutional and need not be proportional
- COA upholds immunity for licensed medical marijuana provider, examining weight and location of drying plants
- COA held vested retirement rights may not be altered without the retiree’s consent
- COA: MUTSA preemption limited to misappropriation of trade secret, does not encompass other common-law unfair competition claims
- MSC: Contracting parties waive their right to jury trial where contract requires an issue to be “fixed by the court”
- To satisfy the no-fault act requirements, notice need not be in particular format or expressly identify a possible claim for benefits, says the MSC
- MSC: Amid wintry conditions, black ice can be an open and obvious hazard
- Statute means what it says: any movement of victim to a place of greater danger supports OV 8 score.
- COA addresses what restitution can be awarded to governmental entities for expenses incurred in a criminal investigation
- COA holds that a party cannot imply a contract with consignee liability when express contracts exist on the issue; likewise there can be no unjust enrichment without an implied contract
- A statute of limitations defense belongs only to the party raising it and cannot be resolved before that party is added to an action
- COA: Contract with the state does not create a legal duty, does not make the contractor a public officer
- COA holds Michigan Board of Chiropractic has absolute immunity as a quasi-judicial actor
- MSC grants MOAA on whether 60-day appeal period applies to challenges of permits to install control devices
- MSC grants leave to consider whether courts are bound by the sentence of one day to life for a conviction of indecent exposure by a sexually delinquent person
- COA: Although it imposes a tax, statute allowing trial courts to order criminal defendants to pay court costs is constitutional
- MSC grants MOAA to determine whether common practice of reaching into a press constitutes a reasonably foreseeable misuse
- Employment Law Under a Trump Administration
- EEOC’s New Q&A Guidelines Help Define National Origin Discrimination for Employers
- News Digest – HR Focus – Spring 2017
- HR Focus – Spring 2017
- MSC grants MOAA to consider scope of defendant’s right to withdraw plea where court imposes sentence arguably inconsistent with Cobbs evaluation
- COA: Restitution can be based on course of conduct, not just charges of conviction.
- MSC denies leave after MOAA on whether Court of Claims has jurisdiction to hear appeal of Michigan Film Office decision
- Justice Young retires after more than 20 years on the bench
- MSC grants leave to hear prescriptive-easement issue with broad implications for real property owners and mortgage lenders
- MSC orders MOAA on whether exigent circumstances permitted a warrantless entry and whether defendant may withdraw plea after unconstitutional warrantless entry
- When juvenile lifer (without parole) is resentenced, revised sentence has maximum term of 60 years
- Rape-Shield statute may not bar evidence of victim’s pregnancy, lack of prior sexual activity, and abortion in CSC case
- COA – Generally applicable statement is allowed in contested case order so long as it is made after public notice and hearing
- MSC clarifies scope of trial on remand in light of its previous decision
- MSC denies leave after MOAA on whether attorney fees award should have been submitted to the jury
- MSC denies leave following MOAA on whether prosecutor satisfied notice requirements when seeking enhanced sentence
- COA: In a bifurcated class action suit, a court may dismiss a class action suit by contemporaneously incorporating notice of the dismissal into a general notice of the action
- COA: In order to have physical child custody, parent must live in country signed onto child abduction treaty
- COA holds that proposed parenting-time change alters the established custodial environment.
- COA holds that waiver doctrine will not be expanded to include risks not contracted for
- COA holds that a statutory instruction to “consider” factors, does not require findings on the record as to each factor
- Back off the front-end loader: it is exempt from registration requirements under Michigan’s no-fault act
- Defendant who pleads and agrees to sentence at low end of incorrectly scored guidelines range is entitled to sentence under properly scored range
- COA holds that a question of fact prevents summary disposition on a PIP claim based on an insurer’s fraud exclusion
- COA holds that union security agreements executed after Michigan Right to Work cannot be enforced
- COA: Criminal sentencing guidelines are always advisory
- COA holds that test for whether an interrogation requires Miranda warnings does not turn solely on the location of the interrogation
- MSC grants MOAA on whether trial courts must read jury instructions aloud
- COA upholds 20-day filing period for appealing a Tobacco Products Tax Act decision
- MSC grants leave to appeal as to whether percentage allocation of premium contributions is a mandatory subject of bargaining
- MSC grants MOAA on whether a court’s postjudgment order denying request to change child’s school enrollment is an order affecting the custody of a minor
- MSC grants second MOAA on whether an order denying a motion to change schools is a postjudgment order affecting the custody of a minor
- Police officer’s reassignment to dangerous part of Flint was sufficient to plead a retaliatory action under the Whistleblowers’ Protection Act, says the MSC
- MSC to hear MOAA on whether “intent to threaten” matters when threat made witness “unavailable”
- Travel Warning Update: No Immediate Plans to Expand Travel Ban Beyond Current Countries
- COA: Prenups cannot deprive court’s ability to divide property in a divorce
- When throwing a dinner party at your home, keep all your lights on to avoid premises liability suits.
- COA rules trial court must make initial child custody finding before referring to friend of the court for investigation
- MSC to decide whether to take up case on standard of review for juvenile life-without-parole sentences
- MSC grants MOAA on whether an employee’s communication with her attorney constitutes a report to a public body within the meaning of the Whistleblowers’ Protection Act
- MSC grants MOAA to consider proper jury instruction on rebuttable presumption of Self-Defense Act
- COA holds that an attorney employed by the conservator of an estate represents the conservator, not the estate
- COA holds that MCR 2.116(I) permits courts to grant summary disposition on the pleadings, but a court must still afford litigants due process
- OSHA Amends Regulations and Clarifies Employer Recordkeeping Obligations for Work-Related Injury and Illness Records
- To Be At-Will or Not At-Will: That Is the Question!
- Attorney Spotlight: Andrea Bernard on Internal Investigations
- News Digest – HR Focus – Winter 2016
- COA upholds prior ruling that a custom-furnishing carpenter is liable for use tax as construction contractor because its products met the fixtures test
- COA rules that water leaking from defective fridge was proximate cause in slip and fall case
- COA: when it comes to driving a golf cart, the applicable standard of care is ordinary negligence, not reckless misconduct
- COA: Trial court overstepped its authority in blocking state access to Legionella-related records from Flint area hospital
- COA holds that a circuit court must always hold an adjudicative proceeding prior to a dispositional proceeding with respect to child protective proceedings
- COA holds that school districts are free to ban guns in schools
- Michigan Adopting Revised OSHA Injury and Illness Reporting Rule
- COA determines that the actual water’s edge is the boundary of a critical dune area
- MSC: Onus is on plaintiff not defendant, to prove notice of hazard in slip and fall case
- COA holds that under the Governmental Immunity Act, an individual need not list all witnesses in intent to sue
- COA rules that “reasonable efforts” to procure payment do not extend to appealing the decision prior to obtaining no-fault benefits
- MSC grants MOAA on whether the Court of Claims has subject matter jurisdiction over decisions by the Michigan Film Office
- COA holds identities of anonymous bloggers protected by First Amendment
- MSC grants MOAA on whether award of attorney fees should have been decided by trial court or jury
- Two MSC justices recuse themselves, leaving 5 to hear a recount petition appeal
- COA: Deliberately withholding information from police during criminal investigation may result in felony charge
- COA: Stein not an “aggrieved” candidate because she has no chance of overturning the result
- Michigan’s Minimum Wage to Increase in January
- Court of Appeals clarifies that not all false accusations of criminal behavior will constitute defamation per se
- Crime victims generally have no right to intervene in claims brought by the State Treasurer under the State Correctional Facility Reimbursement Act, says the Court of Appeals
- COA: “replacement” senior mortgage does not retain priority in quiet-title action to the extent loan amount is increased
- COA reinforces publication requirement for slander of title claim and holds that deed restrictions recorded outside the chain of title cannot impact a property interest
- COA finds that fair reporting privilege does not cover alleged libel that is not part of a public record
- Judge Orders Delay in Implementation of New FLSA Regulations
- COA holds that filling activities on owner’s wetland are not considered farming activities for purposes of NREPA
- COA holds that a custom-furnishings carpenter is liable for use tax as construction contractor
- COA determines that a government agency can be liable for injury allegedly caused by failure to maintain a road
- PIP benefits are available to injured parties in lawful possession of another’s vehicle, whose owner knew such injured party’s use of the vehicle would be unlawful
- Sixth Amendment is not violated where court relies on judicial fact-finding to impose consecutive sentencing, says COA
- COA holds that child’s intent is relevant inquiry for child support after age of majority reached
- COA holds that no signature is required in a will if clear and convincing evidence establishes decedent intended the document to constitute his or her will
- COA holds that property tax foreclosure statute does not usurp Supreme Court’s procedural rulemaking authority
- COA: Nonprofit hospital’s property tax exemption does not extend to its for-profit subsidiary
- What an en-tangled web we weave: MSC grants MOAA to consider the scope of the ecclesiastical abstention doctrine
- Location matters: mere possession of controlled substance within school zone, without intent to deliver the drugs in the zone, does not trigger enhanced statutory penalty
- COA doubles down, holding that Pontiac emergency manager’s order eliminating retiree benefit contributions is not retroactive
- COA: Although not a “child”, a fetus is a “victim” for purposes of scoring OV 9 under Michigan Sentencing Guidelines
- COA: Dismissal of lawsuit for PIP benefits because of discovery violations bars related claims for insurance benefits brought by service providers
- Good fences may make for good neighbors, but only if they aren’t built on the neighbor’s property, says COA
- COA: Bring more than $40 for a hearing on an abandoned vehicle
- Local News Story Sheds Light on the Importance of Hiring Documented Workers
- COA holds that mere enforcement delay does not create a vested right to use property in violation of zoning regulations
- COA holds that neither a party to litigation nor its representative is eligible to receive expert witness fee
- Making up for Lost Time: Lost Vacation Time is Lost Income under the Crime Victim’s Rights Act
- Police Beware: Consent to search dwelling for illegal drugs is not consent to seize defendant’s cell phone, wallet, and keys
- MSC to hear MOAA on whether prosecutor satisfied notice requirements when seeking enhanced sentence
- News Digest
- New OSHA Regulations Taking Effect
- HR Focus – Fall 2016
- MSC grants MOAA on whether the Public Service Commission has authority to enforce a settlement agreement
- Plan Carefully When an Employee Asks for a Phased Retirement
- Attorney Spotlight: Brian Lennon on Employee Theft and Embezzlement
- COA: Parole Board retains discretion where Governor commutes sentence to permit parole but fails to explicitly grant parole
- MSC vacates COA holding that $0.25 Friend of the Court assessment is a tax
- MSC to hear oral arguments on whether drunk driving in a private driveway violates criminal statute
- COA: Fetus is not a “child” for purposes of the first-degree child abuse statute
- COA clarifies that repossessed property is excluded for “bad debt” tax credit
- COA: Court-appointed appellate counsel entitled to reasonable compensation for work done even when COA denies application for lack of merit
- COA holds that remedial promises for defective goods are not warranties and nave separate statutes of limitation
- COA holds that insured party does not need legal interest in insured property to be indemnified
- COA finds that prior litigation bars additional unfunded mandate challenge
- COA: Probate inventory fee must be paid if estate has sufficient assets, even if it means selling the personal representative’s home
- COA states that where insurance policy contains an “all risk” provision, a loss is not covered if it comes within any specific policy exclusion
- COA: Statutory language requiring rescission “in writing” of personal residence exemption not constrained to Treasury Form 2062
- Form I-9 Gets a Makeover – Use Current Version Until January
- COA: Calculate renaissance zone tax credit by following Department of Treasury’s interpretation of renaissance zone business activity factor
- COA: Foster care is not a requirement for termination of parental rights
- COA upholds receiver sale of mortgaged property
- COA holds that where public body did not regularly violate the Open Meetings Act, there is no cause for injunctive relief
- COA: County’s use of a shooting range does not have priority over township ordinance
- COA: Defects in the plea taking process entitles a defendant to withdraw entire plea, not just “defective” portion of plea
- COA again determines that the claims records of the Michigan Catastrophic Claims Association are not subject to disclosure
- COA awards summary disposition to insurer based upon its recent elimination of the innocent-third party doctrine
- COA holds that Judge Peter D. O’Connell is not the incumbent for the office held by Judge Michael Gadola
- COA holds that order denying a motion to change schools is not an order affecting the custody of a minor
- COA holds that order requiring instant makeup of parenting time is not an order that affects custody and therefore is not appealable by right
- COA holds that petitioner failed to rebut the fit-parent presumption in grandparenting time petition
- COA holds that hospital cannot be held vicariously liable for on-call physician
- COA: Prosecution may not inform a defense witness of the possibility of prosecution for perjury
- COA on the MMMA: If it has roots, it’s a plant
- COA: More evidence is required to determine whether complaint’s allegations sound in medical malpractice or ordinary negligence
- COA Panel disagrees with recent precedent that limits plaintiffs’ no-fault recovery options
- COA holds that a claim properly under the Court of Claims’ jurisdiction may be joined with a claim in a circuit court through the parties’ conduct
- COA holds that a medical malpractice claim runs from when plaintiff “should have” discovered the claim, not when it “could have” discovered it
- Trial Courts must provide spoken instructions to juries
- COA – Boat seller is no longer an “owner” after delivery of title to a purchaser
- COA: Michigan’s civil forfeiture scheme is unconstitutional as applied to a claimant could not afford to post bond to challenge forfeiture
- COA: Three year limitations period governs plaintiff’s discrimination claims
- MSC to hear mini-oral argument on whether coach’s actions were a proximate cause of student’s injuries
- MSC “draws the line” on the highway exception to governmental immunity
- COA: Question of fact existed as to whether title insurer participated in a fraudulent scheme with bank’s funds
- Evidence of a school’s statutorily-mandated disclosures of unprofessional conduct to prospective employers is not admissible in a wrongful termination action
- MSC: A lien claimant who succeeds on a breach of contract claim may be a “prevailing party” entitled to attorney fees under the Construction Lien Act
- MSC grants mini-oral argument for application regarding termination of parental rights of cognitively impaired parent
- COA holds that “rule of mandate” prevents lower court from exceeding scope of remand order
- DOL Issues New FLSA White Collar Exemption Rules
- HR Focus – Summer 2016
- Only facts “admitted by the defendant” in court survive scrutiny under Lockridge
- Valid but not clearly visible temporary license plate provides valid justification for traffic stop
- COA: Felony sentencing cannot be done by videoconference
- COA find that arguments must be devoid of arguable legal merit to award attorneys fees arising from a frivolous argument
- Tobacco Products Tax Act is clear and unambiguous
- Trial courts must look to mandatory statutory sentencing range for convictions of indecent exposure as a sexually delinquent person not the sentencing guidelines
- COA holds that DHHS is not statutorily required to grant hardship waivers for Medicaid costs
- Tick Tock . . . the FLSA Clock is Running
- New Federal Legislation Creates Notice Requirement for Confidentiality Agreements
- COA determines 60-day appeal period applies to challenges to the issuance of permits to install control devices
- COA finds old-age social security benefits should be included in survivor’s loss calculations under the No-Fault Act
- COA: Public Service Commission order approving utility program can be lawful and reasonable even if there is conflicting evidence about the benefits of the program
- COA requires strict compliance with the marriage component of the equitable parent doctrine in rejecting individual’s standing to challenge custody of former same-sex relationship partner’s child
- No fishing allowed: Defendants may not access victim’s privileged records unless they have good faith basis to believe records contain information material to defense
- SORA suffers another blow: Requirement to register “routinely used” email addresses and cell phone numbers is unconstitutionally vague
- Michigan Supreme Court to Consider Enforceability of Wills Benefiting the Drafting Attorney
- MSC holds that an individual can be charged with both election forgery and falsifying a name on a petition
- MSC: Reserve police officers are police officers when it comes to resisting arrest
- COA: Where plaintiff failed to disclose existence of parties’ minor children, trial court properly dismissed divorce complaint without prejudice
- COA: Regardless of a showing of actual knowledge, failure to follow the directions of Revenue Bonding Act or its municipal equivalent will not prevent utility liens from arising on a subject property
- COA: In an involuntary child protective proceeding if there is reason to believe a child is an Indian child, notice must be made to the tribe he is believed to be a part of
- U.S. Department of Labor’s Persuader Rule on Hold
- COA: A child’s videotaped testimony cannot serve as substantive evidence in a parental-rights adjudication hearing
- COA: Compliance with FOIA requires a response to, and not fulfillment of, a request for documentation
- A mortgagor who takes fixtures from his property during the foreclosure redemption period does not commit larceny
- COA: Court of Claims has jurisdiction to hear and decide writ of mandamus case brought by Court of Appeals judge seeking reelection
- MSC will hear mini-oral argument on whether failure to administer jury oath before trial requires reversal of criminal convictions
- A law enforcement officer’s involuntary statement cannot be used against the officer in a criminal proceeding, even if the statement is false, says MSC
- Newly created police ballistics report is not grounds for granting a remand to district court to continue preliminary examination
- COA: Voters have a legal right to enforce state election law requirements
- COA declines to expand narrow intentional tort exception to exclusive remedy provision of Workers Disability Compensation Act
- COA holds that attorneys are members of a “public body” under the Whisteblower’s Protection Act
- Trial counsel ineffective for failure to object to inadmissible hearsay testimony and failure to present evidence of other possible sources of victim’s injuries
- COA: A previous owner of property cannot file an affidavit that the property was qualified agricultural property for tax purposes
- COA: Tender does not constitute payment of redemption funds sufficient to void a sheriff’s deed
- MSC: Conviction for SORA-2 subject to sentence enhancement under HOA
- COA holds that members of the Parole and Commutation Board do not have vested contractual rights to hold their positions
- COA holds that the insurers are not required to pay no-fault benefits to innocent third parties if the insured obtained automobile insurance coverage through fraud
- COA: No premises liability unless defendant has possession and control of the property
- MSC holds that former principal of Miller Canfield cannot avoid the contractual requirement to arbitrate disputes with the firm by only suing current principals
- MSC grants oral argument to consider the applicability of a Michigan Civil Rights Act case to a Whistleblower Protection Act claim
- Don’t step over that line: MSC to consider when knock-and-talk amounts to unconstitutional search
- MSC to consider whether a timely filed motion to extend time to file an affidavit of merit, which is not granted until after the limitations period expires, tolls that limitations period
- COA holds that no additional cause of action is needed to impose after-the-fact individual liability on a shareholder of a judgement-debtor corporation
- $550 million in public school employee salaries is still being held by the state unconstitutionally, says COA
- Defendant’s 11th hour request to represent himself is untimely and denial of request is not grounds to reverse conviction
- Incarceration alone does not justify removal of parental rights, says COA
- MSC uses Smith v. Khouri as a uniform test for determining “reasonable” attorney fees and clarifies the Khouri analysis
- MSC clarifies the gate-keeper rules for allowing testimony of a board-certified medical expert
- MSC grants leave to examine the inter-governmental transfer of property used to block private development
- MSC holds that the monetary jurisdictional limit for district courts is determined by the pleadings, not by the proofs at trial
- A misdemeanor conviction not scored under PRV, still destroys the 10-year conviction-free period
- COA holds that insurance policy exclusion related to contractors does not include homeowners
- COA holds that Michigan Employment Relations Commission has exclusive jurisdiction over claims brought against union
- COA holds that trial courts must adhere to court rules when deciding a plaintiff’s request for a receiver
- COA: Where property has deed restrictions a cost-less-appreciation is more appropriate than sales-comparison approach to valuation
- MSC to consider whether an insured claiming underinsured motorist benefits is a “third party tort claimant” entitled to penalty interest
- MSC to consider whether medical bills meet notice requirement for PIP benefits
- Prenups are not ironclad where divorce could leave one party destitute
- COA holds that a spouse be must willfully and physical absent from her decedent spouse for at least a year before death to be disqualified from electing against the decedent’s will
- COA holds that insurer may rescind policy even after an accident, if it is determined that the insured made misrepresentations in obtaining the policy and insurer relied on the misrepresentations.
- COA holds that power companies have an obligation to reasonably inspect and maintain power lines
- COA holds that there can be statutory grounds for termination of parental rights because of abuse even if the parent has not been criminally convicted of that abuse
- COA holds that governmental liability for failure to properly maintain a highway extends not only to physical injury but to other damages flowing from physical injury
- Evidence of prior acts of criminal sexual conduct is not always admissible under MCL 768.27a
- MSC: Predatory conduct of a co-offender not considered during sentencing
- Trial counsel is not ineffective for failing to request self-defense jury instruction when defense is not viable
- Executive Order was meant to extinguish already accrued but unpaid retiree benefit contributions
- MMMA restricted again: Only “patients” and “primary caregivers” are entitled to §8 affirmative defense
- Swain will get a new trial in highly-publicized innocence case
- COA upholds the right to file a civil action for a denial of health insurance benefits, even after an unfavorable regulatory decision
- MSC holds that cities can regulate wages in municipal contractor agreements that affect or involve city property
- DOL Redefines Minimum Salary Requirements for FLSA White Collar Rules
- COA holds that violation of parole is not interfering with administration of justice
- COA: Insurance policy requiring “direct contact” with an unidentified vehicle limits plaintiff’s claim for uninsured motorist benefits
- COA: Notice under the No Fault Act does not need to identify a specific injury in order to be effective
- COA concludes that notice under the No Fault Act does not need to identify a specific injury in order to be effective
- COA says that the mere continuation exception to a successor corporation’s non-liability is alive and well in Michigan jurisprudence
- MSC holds that, under the Public Works Bond Act, actual receipt of notice is not necessary
- COA concludes that a consent judgment does not have preclusive effect where factual issues were not tried in the prior proceeding and where the judgment was intended to be temporary
- COA: Judgment interest is not included with a sanctions award
- COA: Closed informal sessions do not violate the Open Meetings Act
- COA: DHHS must conduct an individualized assessment before terminating the rights of a cognitively impaired parent
- COA – No contract was ever formed in loan modification agreement left partially unsigned by home owner and unsigned by loan servicer
- Conviction for armed robbery does not require victim to have reasonable belief that defendant possesses weapon
- Driving drunk in driveway is not operating while intoxicated
- “Legal act” requirement still met when conspiracy participants agree to commit an illegal act in an illegal manner
- Defendant not guilty of home invasion for breaking into room of a house where defendant was lawfully present.
- A consecutive sentence cannot be ordered for an individual on federal supervised release as opposed to parole
- COA rules that a witness may be accompanied by a support animal when testifying
- COA: Trial courts have a heightened duty to determine the motivation on a Batson challenge where non-verbal communication is the alleged basis
- COA – Where Court of Appeals previously ruled that there was sufficient evidence of causation to go to a jury, that issue could not be re-litigated on remand
- “Cousins by marriage” are not treated as a “relative” under no-fault
- MSC grants MOA to consider whether CSC-I conviction requires lifetime electronic monitoring
- MSC grants MOA to consider whether failing to inform defendant of lifetime electronic monitoring makes CSC-I plea involuntary
- Terminating parental rights because parental rights have previously been terminated violates due process, says the COA
- EEOC Reiterates Workplace Protections for Muslim and Middle Eastern Employees
- Attorney Spotlight: Dean Pacific
- HR Focus – News Digest – Spring 2016
- HR Focus – Spring 2016
- MSC holds that mortgage-lender could still sue third-parties who induced bad loans even after the lender purchased the mortgaged property for “full credit” at foreclosure sale
- COA – County Child Care Fund responsible for payment of half of the supervision costs related to foster care placements
- COA – A corporation’s health or enjoyment of the environment may be adversely affected by a release or threat of release from a facility, thus it has standing to bring suit under the NREPA
- COA – Indirect ownership under MCL 208.1117(6) means ownership through an intermediary, not ownership by operation of legal fiction
- MSC: Arbitration clause included in invoice for art purchased on a cruise ship does not apply retroactively to previous purchases
- MSC to determine whether an expert witness must establish specific causation in a toxic tort case to defeat summary disposition
- COA: Nature, not necessarily nurture, establishes the familial link for inheritance purposes involving a posthumously-born child
- Driving with a bike rack or trailer hitch? Beware: it can get you pulled over
- MSC grants MOA to consider whether trial courts have limited discretion to hold hearing on sufficiency of certain affidavits
- Self-defense is still a valid affirmative defense to a charge of carrying a concealed weapon
- COA: A carryforward of a credit earned under the SBTA is refundable as a “credit” under the MBTA
- COA – Because Plaintiff’s uninsured vehicle was not being operated at time of accident, insurer for State assigned claims plan must pay for PIP benefits as insurer of last priority
- COA – Genuine issues of material fact exist where home health aide could not avoid inherently dangerous condition when all routes to home were covered in ice and snow
- Trial courts have no authority to order Secretary of State to amend driving record after plea is withdrawn pursuant to delayed sentencing agreement
- MSC grants oral argument to consider whether statute entitles stepchildren to wrongful death settlement proceeds
- COA: Unfit parents cannot raise religious objections to the immunization of their children
- Insurer’s latent payment revived the insured’s expired claim for no-fault benefits, says MSC
- COA – Plain language of MCL 552.101 does not affect post-judgment action of decedent naming ex-wife as life insurance beneficiary
- COA: Delay of personal protection benefits improper where reasonable proof has been provided
- COA says that defendant in a child protective proceeding must be allowed to appear and defend himself
- New Overtime Rules Getting Closer
- COA – Two statutes relating to the recovery of bail forfeitures do not conflict and each is a viable remedy for commercial surety companies
- COA: Ordinance prohibiting noise that destroys peace and tranquility is unconstitutionally vague
- COA refuses to review the validity of a child support order on appeal from the parent’s criminal conviction for failure to comply with it
- COA holds that arbitrators, not Michigan courts, will decide whether to consolidate arbitrations, unless the parties agreed otherwise
- Proceeds from the sale of a home do not qualify for “home of modest value” hardship waiver for Medicaid reimbursement by a decedent’s estate
- Multi-state businesses may choose the Multistate Tax Compact’s more favorable apportionment formula for pre-2008 tax years, says COA
- COA is bound by prior holding to conclude that res judicata does not bar uninsured motorist claim, but openly expresses opposition to the prior decision
- MSC peremptorily vacates lower courts’ orders and remands termination of parental rights case to circuit court
- Reliability of eyewitness identifications brought front and center in recent COA opinion
- OESA and Warner Join Forces to Present “Legal Trends to Watch in 2016” to the Automotive Supply Industry
- A Michigan Justice Reflects on Justice Scalia
- Justice Antonin Scalia dies at age 79
- A party who agrees that an arbitration clause does not apply is bound by that stipulation, regardless of the harsh results, says COA
- Credentials alone are generally insufficient to establish reliability of expert testimony, says MSC
- COA – Reimbursement for chiropractic services not required under Michigan No-Fault Act as services did not fall under 2009 definition of “practice of chiropractic service”
- COA upholds constitutionality of Michigan’s resisting/obstructing statute
- COA says that ordering a property owner to cease all activity on a designated wetland does not constitute a taking
- COA – DHHS could not recover Medicaid debt incurred by decedents’ estates consistent with due process
- MSC grants oral argument to consider scope of district court funding and revenue sharing
- MSC grants oral argument to consider whether the Court of Claims has authority to determine compensation rate
- MSC to determine whether statute operates as statute of repose or statute of limitations
- COA: Restitution not precluded on the basis of a full credit bid
- Whistleblower Protection Act will not protect a worker fired for reporting suspected future violations (but public policy might)
- MSC grants MOA to consider whether the term “police officer” encompasses reserve police officers
- COA: Michigan Indian Family Preservation Act Not Unconstitutionally Vague
- COA – Municipality allowed to treat water service arrearages as a lien and place them on municipality’s tax rolls
- COA – Be careful when you impugn the character of a nonparty in the course of discovery because you could be liable for defamation
- COA exposes uncertainty on impact of prosecutor knowingly offering perjured testimony
- MSC: Jury instructions on second-degree child abuse is not required when never requested at trial
- COA criticizes separate panel on the constitutionality of state statute addressing juvenile homicide offenders facing the possibility of life without parole
- COA – A live power line on the ground is more dangerous than one in the air making an injury caused by a downed line more foreseeable
- Due process concerns may necessitate public funding for expert witnesses in parental termination proceedings, says the COA
- COA – False academic credentials issued by online university have no place in the State of Michigan
- COA – Insured’s sexual molestation of a minor did not constitute an “occurrence” under the plain meaning of insurance policy
- COA: Requiring a personal representative to mail or personally serve herself with notice would be absurd
- COA takes a look at the reliability of eyewitness identification
- COA – “Components of a pension” do not include choice in form of payment
- COA – Skilled nursing facility responsible for patient’s medical expenses because it assumed financial responsibility under contract with health insurance provider
- COA – Union’s repeated inclusion of prohibited provisions in contract proposal constituted bad faith
- Dictionary definition of the word “under” controls in the Court of Appeals’ ordering of tax credits pursuant to the Michigan Business Tax Act
- Acting with gross negligence does not preclude an officer from claiming immunity under the “Firemen’s Rule”
- Failure to timely object to child-witness’s unsworn testimony constitutes waiver, not forfeiture, despite contrary precedent
- COA determines that the Public Service Commission does not have the authority to uphold a settlement agreement
- Look for New Overtime Rules Next July
- Times They Are A-Changin’ for Independent Contractors
- Avoiding the Minefield of Pre-Employment Background Checks
- HR Focus – News Digests – Winter 2015
- HR Focus – Winter 2015
- Negotiating the Labyrinth of Employee Privacy
- Complying with the DOL’s Proposed White Collar Exemption Rules
- HR Focus – News Digests – Fall 2015
- HR Focus – Fall 2015
- Your Pay Practices May Put You At Risk
- Watch Your Flank: In the Race to Find New Talent, Make Sure You Protect Your Existing Key Employees
- Ahead of the Curve – Summer 2015
- EEOC: “Discrimination Based on Sexual Orientation Violates Title VII”
- DOL Continues Efforts to Expand Wage/Hour Protections
- DOL Proposes Dramatic Increase in Salary Threshold for White Collar Exemption, Expanding Scope of Overtime Benefits
- Implications for Employers and Individuals as a Result of U.S. Supreme Court Ruling on Obergefell v Hodges
- Employers Should Proceed with Caution as Transgender Employment Laws Evolve
- Telling Harasser to “Stop” is Protected Activity under Title VII
- HR Focus – News Digests – Summer 2015
- HR Focus – Summer 2015
- Department of Labor Issues Updated FMLA Forms
- Governor Snyder Signs New Garnishment Law to Ease Burden on Employers, Other Garnishees
- MSC grants mini-oral argument on whether a court must consider all seven factors in MCL 600.2955(1) when determining an expert witness’s reliability
- Employers Should Review Accommodation Policies for Pregnant Employees in Light of Supreme Court Ruling
- Court Decision Highlights the Importance of Employee Handbooks
- Tracking EEOC Discrimination Charges: Retaliation Leads the List
- Supreme Court’s Recent Rulings a Mixed Bag for Employers
- Union Representation Petitions Halt Downward Trend
- HR Focus – News Digests – Spring 2015
- HR Focus – Spring 2015
