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A Better Partnership

October 2010

Oct 2010
October 20, 2010

Law students to argue appeals'

As reported by NPR, the Michigan Supreme Court could adopt today a new court rule that would allow law students participating in legal clinics to argue appeals with the supervision of a licensed attorney. Law students sometimes argue in Michigan trial courts but, until now, have not be

Oct 2010
October 14, 2010

COA Opinion: The printout from a breathalyzer test is neither testimonial nor hearsay, but an officer's recording of those test results is a recorded recollection for evidentiary purposes

In Michigan v Dinardo, No. 294194, the Court of Appeals held that the machine-generated printout from a breathalyzer test was neither testimonial in a constitutional sense nor hearsay under Michigan law. Furthermore, the Court of Appeals held that a report recording the test results that was prepared by the officer administering the breathalyzer te

Oct 2010
October 13, 2010

COA Opinion: Failure to Perform a Requested Medical Procedure to Prevent Premature Birth Gives Rise to a Cause of Action Under the Wrongful Death Act

In Johnson v. Pastoriza, No. 288338, the Court of Appeals held that Plaintiff, whose child died shortly after premature birth, stated a claim under the Wrongful Death Act, Mich. Comp. L. 600.2922, against the physician who refused her request to perform a procedure that would have prevented the premature birth. As a result, it affirmed the lower court's denial of

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