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A Better Partnership

March 2011

Mar 2011
18
March 18, 2011

COA Opinion: Ordinary negligence standard applies to cheerleading coaches

On March 17, 2011, the Michigan Court of Appeals published its opinion in Sherry v. East Suburban Football League, No. 295792. The plaintiff was injured during a non-publically sponsored cheerleading practice. She sued the associated football leagues and her coaches for negligence. The trial court held that a reckless misconduct standard applied t

Mar 2011
17
March 17, 2011

MSC Order List: March 16, 2011

In Third Judicial Circuit Court v County of Wayne, in lieu of granting leave to appeal, the Michigan Supreme Court granted the request to stay proceedings in Wayne Circuit Court pending the completion of the expedited appeal in the Court of Appeals.

Mar 2011
16
March 16, 2011

COA Opinion: Trial courts may not treat social security benefits as a marital asset when dividing up a marital estate.

In Biondo v Biondo, the Court of Appeals determined that ' 407(a) of the Social Security Act, preempts state law regarding the division of marital assets in a consent divorce judgment. Mr. and Mrs. Biondo entered a consent judgment of divorce after 40 years of marriage. The consent judgment equally divided the marital estate an

Mar 2011
14
March 14, 2011

MSC Opinion: Klooster v City of Charlevoix

On March 10, 2011, the Michigan Supreme Court issued a unanimous opinion in Klooster v City of Charlevoix. Regarding the "uncapping" of property for tax purposes under the General Property Tax Act (GPTA), the Court held that: (1) a 'conveyance' for purposes of MCL 211.27a does not require a written instrument; and (2) the termination of a joint

Mar 2011
12
March 12, 2011

MSC Order List: March 11, 2011

The Michigan Supreme Court denied 3 applications for leave to appeal and ordered oral argument on the application in People v. Richardson. In Richardson, the defendant was convicted of two counts of assault with intent to commit great bodily harm after standing on his front porch and shooting two people during

Mar 2011
12
March 12, 2011

COA Opinion: Businesses are not entitled to Fifth Amendment protection

On Tuesday, March 8, the Court of Appeals decided PCS4LESS, LLC & Wholesale Cellutions v Stockton et al, No. 296870. The Court held that even where an individual may be criminally implicated, a business cannot refused to produce information or make a statement on the basis of the Fifth Amendment's privilege against self incrimination.

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