Skip to main content

One Court of Justice Blog

Aug 2017
02
August 02, 2017

MSC approves public censure of Sixth Circuit Judge for making disparaging remarks to children in a divorce proceeding

In In re Gorcyca, No. 152831, the Michigan Supreme Court upheld the Judicial Tenure Commission’s (JTC) finding that Sixth Circuit Judge Lisa O. Gorcyca had engaged in judicial misconduct because of her disparaging comments to three children during a contempt hearing; however, the Court overturned the JTC’s recommended sanctions of 30-day suspension without pay and costs of $12,533.73.  Instead, the Court held that public censure alone was sufficient.
 

Jul 2017
27
July 27, 2017

MSC invalidates post hoc causation reasoning

Through an order in Lowery v. Enbridge Energy Limited Partnership, No 151600, the Michigan Supreme Court reversed the determination of the Court of Appeals and ordered summary disposition be entered in favor of the defendant, who was alleged to be liable for plaintiff's bodily injury caused by an oil spill.  The Court concluded that the plaintiff's expert's causation opinion was, essentially, that the plaintiff did not have problems before the spill, and that his health issues developed after the spill.  The Court found that this was fallacious post hoc reasoning and did not support a dispute of material fact on the required element of causation. Justice Markman, joined by Justices Zahra and Wilder, wrote an extensive concurring opinion detailing his view of the expert causation testimony necessary to sustain a toxic tort claim.   

Jul 2017
27
July 27, 2017

COA: Cash value of life insurance policy is exempt from garnishment

In DC Mex Holdings LLC v. Affordable Land LLC, No. 332439, the plaintiff had secured a judgment against an individual defendant and had issued a writ of garnishment seeking to collect against the cash value of that individual's life insurance policy.  In analyzing the relevant statute governing whether these proceeds were exempt, the Court of Appeals noted that the statutory language and intent were designed to protect life insurance policies, including their cash value, for the beneficiary spouse and children.  Thus, the Court of Appeals concluded that the cash value of the policy was exempt from garnishment.

Jul 2017
27
July 27, 2017

MSC imposes nine month suspension on District Court Judge for interfering with a criminal investigation and misrepresentations

In In re Simpson, No. 150404, the Michigan Supreme Court reviewed the determination and recommendation of the Judicial Tenure Commission ("JTC") that District Court Judge Cedric Simpson be removed from office for interfering with the police investigation and subsequent prosecution of his judicial intern for operating a vehicle while inoxticated, and for making misrepresentations in the course of the JTC investigation with respect to contact with the intern on the morning of the accident and with respect to the purpose of extensive communications with the intern.  In its de novo review, the majority of the Court held that the interference claims, and the misrepresentation claim regarding the purpose of the communications were supported by a preponderance of the evidence.  The majority then analyzed the sanction for those violations in light of precedent and concluded that a nine month suspension was proportional to the violations that had been established.  In a partial dissent, Justices Markman and Zahra contend that, in setting the sanction, the Court should have also considered other misconduct (misrepresentations under oath) that were established by the record by not asserted by JTC. 

Displaying results 37-42 (of 500)
 |<  <  3 - 4 - 5 - 6 - 7 - 8 - 9 - 10 - 11 - 12  >  >| 

NOTICE. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you.

By clicking the ‘ACCEPT’ button, you agree that we may review any information you transmit to us. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

Please click the ‘ACCEPT’ button if you understand and accept the foregoing statement and wish to proceed.

ACCEPTCANCEL

Text

+ -

Reset