Brief Submitted in Foster v Foster (After Remand) – Supreme Court of Michigan to Consider Effect of Federal Statutory Preemption on State Subject Matter Jurisdiction and Collateral Attack of Judgments Preempted and Void Under Federal Law

I have submitted the Appellee's Brief in Foster v. Foster. The Michigan Supreme Court is once again considering the impact of its April 2020 unanimous decision in Foster v. Foster, ruling that federal law preempted state law in the area of the division of military disability pay as property, and that 38 USC 5301 prohibited [...]

Michigan Supreme Court Issues Emergency Procedures and Guidance and Instructions to State Courts Regarding COVID-19 Response – March 15, 2020

The Michigan Supreme Court issued guidance and directives yesterday (Sunday) March 15, 2020 providing wide latitude to state courts regarding scheduling, court activity, access and limitations on holding public hearings. The Court's order also included some directives requiring electronic pleadings and video conferencing in certain circumstances. The Court makes sure to subject its guidance to [...]

Michigan Supreme Court Poised to Decide Whether Strict or Substantial Compliance is Sufficient Under Highway Exception to Governmental Immunity

Oral arguments on applications to the Michigan Supreme Court have been scheduled to determine whether the notice provisions of the Governmental Tort Liability Act’s (GTLA) “highway exception” to immunity are to be “strictly” or only “substantially” complied with. The order springs from two Court of Appeals cases, Wigfall v Detroit, and West v Detroit. Both cases [...]