Stay Updated: Recent Legal News in Oakland County

Recent Developments in Oakland County’s Legal Landscape

In the past few months, a number of important legal developments have taken place in Oakland County courts. Most notable among these is a decision by Oakland County Circuit Judge Nanci J. Grant in which she mistakenly took the word of a jury foreman that the jury had revised its verdict. (For more on this decision, see our recent blog posts about Judge Grant and the ordeal she went through after the verdict was rendered. Suffice it to say, Judge Grant’s last minute decision has nothing to do with "revised" verdicts, and everything to do with mistakes jurors make that eventually are caught on appeal.) If you haven’t read this now-famous opinion, it is quite a site to behold.
In another decision – this one in the Oakland County Probate Court – Oakland County Probate Judge Linda S. Hallmark ordered a "funeral home company" to pay $20,000 in punitive damages to the family of Marie Mitcheson, who died at 92 in August 2007. Strangely, Judge Hallmark also ordered the funeral home to pay $2,000 "to the State of Michigan." It is uncertain whether any of these funds will be paid to the Plaintiff in the case, or whether the state will keep the vast majority of the recovery .
In June, the Michigan Court of Appeals reversed a trial court’s decision in favor of Oakland County, finding the Oakland County Jail liable for the death of inmate Belinda Shaw. The family of Ms. Shaw had brought suit in 2002, claiming that the negligence of the jail caused her death. In March 2005, an Oakland County judge ruled in favor of the county, finding it did not "have a ministerial duty to adopt the [American Correctional Association] standards."
In September, the Michigan Court of Appeals upheld the trial court’s ruling in favor of CRST Van Expedited, Inc., in an employment discrimination case brought by Scott Ward. CRST had dismissed Mr. Ward after it learned he had left his wife, Anne, with whom he was trying to reconcile. Eleven months after his termination, Mr. Ward starting seeing a therapist, and his episodes of depression stopped. He was eventually diagnosed as "bi-polar," and he sued after hearing that the reason for his dismissal was "personality conflicts." The court found that Mr. Ward was responsible for his own problems, and that his condition during the marriage caused the conflicts. Because of the finding that Mr. Ward’s bipolar disorder didn’t substantially limit a major life activity, the Oakland County Circuit Court’s dismissal was upheld.

Emerging Changes in Oakland County’s Court System

Stay Informed: Latest Legal News in Oakland County
Oakland County Probate Court is currently accepting filings via MIREC (Michigan Electronic Records and Evidence Court Filing) for all filing types. eFiling began in Oakland County Circuit Court in May 2017. Oakland County Circuit Court Case Look-Up website has been upgraded to accept searches by file number and/or filing date. If you have not yet done so, please register with the electronic filing system at the e-Filing site. Please note, however, that at this time electronic filing is required only in Oakland County Circuit Court for all civil and family cases and on a voluntary basis for Oakland County general civil, child support and paternity cases as well as Oakland County Friend of the Court cases. Use of the system will be expanded to include the 6th Circuit Court in the near future. The Friend of the Court Statute, MCL 552.505(2), permits a friend of the court to send a copy of an order or judgment to each party by electronic transmission, including facsimile or electronic mail. The Oakland County Friend of the Court recently sent a notice advising it will be switching to the use of electronic mail for all electronic transmissions. As noted above, Michigan electronic filing is in full effect in Oakland County Circuit Court. To file documents electronically requires registering with the electronic filing system on the eFiling home page.

Legal Resources Offered to Oakland County Residents

Legal resources are essential to help ensure that people are equipped to navigate the legal system properly. Access to affordable legal assistance presents a major problem for many in the community. Various organizations and associations work to connect low- to middle-income residents with lawyers in their communities. Groups that provide these services can include county or state bar associations, local legal aid or legal service organizations, and even area law schools.
Community residents in need of a lawyer can take advantage of the resources offered by the Oakland County Bar Association. The OCBA’s Find-A-Lawyer program helps people locate an attorney who practices in the legal area in which they need help. The service can be used online and on the phone. The Michigan State Bar Association also offers a Find a Lawyer feature that allows residents to search for legal representatives based on their location and area of practice.
Legal Aid and Defender (LAD) is another valuable resource. It represents persons who are charged with misdemeanors and felonies involving jail time, as well as persons in certain civil matters. Residents can learn more about resources for finding help through the Legal Services of South Central Michigan.
Legal resources that are available to Oakland County residents have been amassed here. Legal assistance is not always easy to come by, but it exists.

New Laws Impacting the Oakland County Area

Legislation passed in the last year will have a variety of impacts on everyday life and on business operations in Oakland County. Let’s take a look at some impactful new laws that residents and businesses alike should be aware of.
This law is frequently referred to as the "Right to Work" Law, and it prohibits the requiring of union membership or payment of union dues as a condition of employment. It allows an employer’s employee representative, such as a labor union, to enter into a voluntary, written agreement with the employer to collect dues from employees for the union’s representation. The law prohibits any other requirement. The new law also prohibits requiring an employee to join a union after employment.
This amendment to the Elliott-Larsen Civil Rights Act redefines "sex and pregnancy" as a protected class against discrimination. The amendment follows a Michigan Supreme Court case that held that the state civil rights law did not prohibit discrimination based on sexual orientation. The new law adds "pregnancy, childbirth or a related medical condition" to the already-prohibited classes of race, color, religion, national origin, age, sex, height, weight, familial status, martial status or disability. If you are an employer, you must comply with new sexual harassment training requirements regarding this new protected class .
The Michigan legislature passed more than 230 bills in December 2012 in an unprecedented lame-duck session. Of greatest concern to business owners is the change in the Michigan Minimum Wage Law. Michigan has passed an increase in the state minimum wage from $7.40 per hour to $9.20 per hour; the law takes effect Jan. 1, 2014, and will continue to increase until it reaches $9.45 per hour in 2016. For employers with a locked-in minimum wage for tipped employees, the rate may not be less than $3.10 per hour. Paying an employee less than minimum wage is now a violation of state law.
In another significant legislative move last December, the Michigan legislature passed a new Corporate Income Tax, which replaced the Michigan Business Tax enacted in 2007. The Corporate Income Tax, which took effect Jan. 1, 2012, now levies a flat 6.5 percent tax on corporate income over $350,000. All of the credits and allowances previously provided by the Michigan Business Tax have been eliminated, and the new tax is imposed on C corporations only. S corporations, partnerships, limited liability companies with fewer than three members, sole proprietorships, disregarded entities and other entities besides C corporations are not subject to the new tax.
The new law also eliminates the taxation of personal property, including equipment and inventory, beginning personal property tax year 2016.

Interviews with Influential Oakland County Legal Personalities

In the "Interviews with Prominent Oakland County Legal Figures" section of our blog, we’ve profiled some important figures in Oakland County. We hope to continue profiling other figures and law practices, as well. In the section below, we take a look at them.
Justice Stephen Markman
Justice Markman was elected as Michigan’s Supreme Court Justice in 2008, after serving as an appellate justice on the Michigan Court of Appeals. He is a former law clerk to Justice Byron White of the United States Supreme Court, and he is handling his last term as Justice this year. He attended the University of Pennsylvania Law School, earning Magna Cum Laude honors.
He has written books and articles on several topics, including children’s rights and international law. He was also a law professor at the Detroit College of Law, Oakland University, and Texas A&M University.
Quite recently, Justice Markman spearheaded an expansive discussion about the problems facing elderly residents of nursing homes who are being physically or emotionally abused. He was recently asked by a local newspaper what the best solution would be. He replied, "the more people speak up, the more that we will be able to address some of the inadequacies in oversight of care facilities."
Blu Hurley
Mr. Hurley has served as a civil and criminal litigator in Oakland County for many years , earning a great reputation for his legal work. He has been in practice for 39 years, spending time both as a judge at the 46th District Court for the City of Southfield, and later as a Circuit Court judge in Oakland County.
As a veteran attorney, he adds immense value to his clients by having experience across both the judicial and legal fields. He tends to emphasize mediation, and in fact he wrote a book titled A Practical Guide To Mediation in Probate And Circuit Court, a handbook published in late 1994. He is a proponent of conflict resolution, and is a strong supporter of mediated settlements and court funded mediators.
Blair Waterford
Attorney Blair Waterford is a young, up and coming attorney. He graduated from Michigan State University in 2005, and completed his law degree in 2010, passing the bar exam shortly thereafter. He is an associate attorney at the Birmingham, Michigan firm of Rutheford, Wreeman & Casper.
In an interview with a local publication, Mr. Waterford said that it was his passion for cars that brought him into the field of law. He himself is the owner of a classic corvette, and at home he has a few other cars, including a classic DeLorean, a Chrysler 300M, a Mitsubishi Raider, a Jeep Wrangler, a Datsun and a Chevy S-10, not to mention a few motorcycles. He hopes one day to own a manufacturer production shop.