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October 2013

Oct 2013
24
October 24, 2013

Reinstatement of parenting time was a palpable abuse of discretion given parent's "abhorrent, abusive behavior"

In the child custody case of Sturgis v. Sturgis, the Michigan Court of Appeals held that the trial court “committed a palpable abuse of discretion” when it determined that it was in the children’s best interest to reinstate the defendant’s parenting time.  The Court noted that although it generally affirms parenting time orders, in this instance the case record—showing, among other things, the defendant’s “abhorrent, abusive behavior” and criminal sexual conduct convictions—led the Court to conclude that a strong likelihood of abuse or neglect during parenting time existed.

Oct 2013
24
October 24, 2013

COA holds that Tax Tribunal “shirked its duties” in not independently assessing value of Detroit Lions' personal property

In the consolidated case of Detroit Lions, Inc. v. City of Dearborn, the Michigan Court of Appeals considered the Michigan Tax Tribunal’s (MTT) rulings on the value of both real and personal property leased by the Detroit Lions for use as its headquarters and practice facility.  In 2001, the Detroit Lions entered a 30-year lease of the practice facility with an option to purchase.  They assigned the purchase option to an individual, who exercised the option and purchased the practice facility in 2004.  The Detroit Lions and the purchaser subsequently challenged the 2004-2009 tax assessments of the practice facility.

Oct 2013
18
October 18, 2013

COA holds Michigan Public Employment Relations Act (PERA) prohibits collective bargaining in support service contracts unless bidding process is unequal

In the consolidated case of Mount Pleasant Public Schools v. Michigan AFSCME Counsel, the Michigan Court of Appeals held that the plain language of the Michigan Public Employment Relations Act (PERA) , MCL 423.215(3)(f), prohibits collective bargaining over noninstructional support service contracts as long as “the bargaining unit is given an opportunity to bid on the contract on an equal basis as other bidders.”

Oct 2013
18
October 18, 2013

COA limits "successive injury" rule in workers’ comp case: the first injury must contribute to the second

In Nichols v. Howmet Corp., two insurers of a single employer contested who should pay wage-loss benefits to an employee who suffered two separate injuries to his back several years apart.  The employee received the first injury when his employer was insured by one company and received the second injury when his employer was insured by another company.

Oct 2013
18
October 18, 2013

COA upholds decision to send juvenile to Georgia to face delinquent behavior charges

The Michigan Court of Appeals held that the Uniform Criminal Extradition Act (UCEA), MCL 780.1 et seq., applies to juveniles charged with delinquent behavior in In the Matter of Boynton.  In this case, the state of Georgia issued an arrest warrant for a then-twelve-year-old Michigan boy who was charged with sexually assaulting a four-year-old child while visiting his godfather in Fulton County, Georgia.

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