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A Better Partnership

January 2011

Jan 2011
26
January 26, 2011

COA Opinion: When a criminal defendant is ordered to pay the costs of prosecution the record must show that those costs were reasonably related to the expenses actually incurred in prosecuting the cas

On Tuesday, January 25, 2010, the Court of Appeals published its opinion in People v Dilworth, No. 294785. In Dilworth, the Court of Appeals held that when a trial court orders a defendant pay 'costs of prosecution' the record must reflect that those costs are related to the actual expenses incurred in prosecuting the c

Jan 2011
25
January 25, 2011

COA Opinion: An enforceable lien under the Michigan Molder's Lien Act requires the presence of permanently affixed identification on each particular mold, die, or tool

On January 20, 2011, the Court of Appeals published an opinion in CG Automation & Fixture, Inc v Autoform et al., Inc, No. 286361. There, the Court granted leave to consider a question of first impression arising under the Michigan Molder's Lien Act, MCL 445.611 et seq., and it held that an enforceable lien under the Act demands the presence of permane

Jan 2011
24
January 24, 2011

COA Opinion: A bank's perfected security interest in a decedent's certificate of deposit account has priority over all other estate claims.

In the case of In re Estate of David Gary Lundy, the Court of Appeals held that a security interest perfected under Article 9 of the Uniform Commercial Code, MCL 440.9101 et seq.,

Jan 2011
22
January 22, 2011

MSC Order List: January 21, 2011

The Court granted leave to appeal in People v. Grissom to address "(1) whether, and under what circumstances, newly discovered impeachment evidence can be grounds for a new trial, see generally People v Barbara, 400 Mich 352, 363 (1977); and (2) if impeachment evidence can be grounds for a new trial, whe

Jan 2011
21
January 21, 2011

MSC Opinion: Anglers of the Ausable, Inc. v. Department of Environmental Quality UPDATED

On December 29, 2010, the Michigan Supreme Court issued a split decision in Anglers of the AuSable, Inc. v. Department of Environmental Quality, with Justice Davis writing the lead opinion. The lead opinion reached two holdings: (1) diverting "contaminated" water from one watershed into an uncontaminated watershed is "manifestl

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