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July 2015

Jul 2015
31
July 31, 2015

COA holds that The Friend of the Court office is shielded from liability when acting as an arm of the family court

In Denhof v. Challa, No. 321862, the Michigan Court of Appeals ruled that the Ottawa Country Friend of the Court (FOC), was shielded from liability on the basis of quasi-judicial, absolute immunity.

Jul 2015
31
July 31, 2015

COA holds that The Friend of the Court office is shielded from liability when acting as an arm of the family court

In Denhof v. Challa, No. 321862, the Michigan Court of Appeals ruled that the Ottawa Country Friend of the Court (FOC), was shielded from liability on the basis of quasi-judicial, absolute immunity.

Jul 2015
30
July 30, 2015

MSC: There is no res gestae exception to MRE 404(b)

In People v. Jackson, No. 149798, the Michigan Supreme Court held that there is no res gestae exception for Michigan Rule of Evidence (“MRE”) 404(b).  Accordingly, the trial court improperly admitted testimony from the victim’s aunt who testified at trial that defendant had engaged in prior sexual conduct with underage parishioners. However, because the Supreme Court held that the improper introduction of the evidence was not outcome determinative, defendant was not entitled to a new trial. 

Jul 2015
30
July 30, 2015

COA holds that PERA prohibits an employer from collective bargaining over any decision with regard to teacher placement

In Ionia Public Schools v. Ionia Education Association, No. 321728, the Michigan Court of Appeals concluded that, under the Public Employee Relations Act (PERA), MCL 423.201 et seq., teacher placement is a “prohibited subject of bargaining” with regard to collective bargaining. 

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