MLive Media Group endorses Zahra, Redford, & Viviano for MSC

The MLive Media Group Editorial Board has endorsed incumbents Brian Zahra and David Viviano and Kent County Circuit Court Judge James Robert Redford in next Tuesday's election for the Michigan Supreme Court. Read More

MSC proposes to overhaul the rules for MSC appeals

A new sheriff arrived at the Michigan Supreme Court last year, and he's been doing a lot of work on, and a lot of thinking about, how the Court processes its own case load.  It can be no coincidence that one year after new Michigan Supreme Court Chief Clerk Larry Royster's arrival, the Court is now proposing to overhaul the 7.300 Chapter of the Rules of Court.  The Court was already in pretty good shape before he arrived, as shown by the recent survey on the Court office's performance.  But there are always things to improve and modernize.  The new rules are just a proposal at this point, but a significant one for those of us who regularly practice there.  Among many changes, the new rules eliminate the old-school "notice of hearing" for applications and establish firm deadlines for answers to applications and for applications for cross-appeal.  Over the next few weeks, we'll discuss this and other significant revisions, tell you what we believe the implications are, and identify new uncertainties that will arise if the existing proposal is adopted unrevised. We invite any practitioners with similar or different insights and observations to send an email to with "7.300 overhaul" in the subject line. Read More

COA holds that medical marijuana users are entitled to unemployment benefits even if fired for failing a drug test

The Michigan Court of Appeals held that workers who were terminated for failing a drug test were entitled to unemployment benefits because they had a valid medical marijuana card. The court heard Braska v. Challenge Mfg. Co., No. 313932, Kemp v. Hayes Green Breach Mem’l Hosp., No. 315441, and Kudzia v. Avasi Serv., Inc., No 318344, as consolidated appeals. The claimants, a hi-lo operator, a nurse, and furniture repairman, were each fired for failing a drug test, although each had a valid registration identification card under the Michigan Medical Marihuana Act, MCL 333.26421, et seq. Read More

COA: Revocation of Paternity Act changes standing standards

The passage of the Revocation of Paternity Act significantly increased standing for alleged biological fathers to seek legal rights to their children. But as Sprenger v. Bickle, No. 317822, illustrates, not all alleged fathers are covered by this Act. In Sprenger, plaintiff brought a paternity action under the Act alleging to be the biological father of defendant’s child and requesting the court to determine issues of custody, parenting time, and child support. Because the court determined that defendant was married at the time of conception, and that plaintiff knew of that marriage, the plaintiff lacked standing to bring this action and the action was dismissed. Read More

COA: non-dispositional child-removal orders not appealable as of right

In the consolidated case In re McCarrick, No. 315510, the Court of Appeals held that a parent may only appeal as of right a court’s dispositional order that removes a minor from the home, NOT orders issued pending disposition. The Court also concluded that the trial court erred when it failed to consider expert testimony on whether continued custody of an Indian child by the parent is likely to result in serious damage to the child, as required by the Indian Child Welfare Act and Michigan Indian Family Preservation Act. Read More
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