Michigan Court of Appeals

Michigan COA Holds Tribal Outside Counsel Not Entitled to Immunity in Malpractice Action Brought by Tribal Client, Remands for Determination of Proper Forum (State or Tribal)

Matthew L.M. Fletcher

Here is the opinion in Kewadin Casinos Gaming v. Patterson Earnhart Real Bird & Wilson LLP:

OpinionDownload

This was the case that originated this claim.

Michigan COA Holds Mackinac Band Member Possesses Fishing Rights

Matthew L.M. Fletcher

Here is the opinion in People v. Caswell.

Prior opinion here.

Briefs when we get them

Michigan SCT Briefs in Enbridge Line 5 Matter

Matthew L.M. Fletcher

Here are the applications for leave to appeal in In re Application of Enbridge Energy to Replace & Relocate Line 5:

Application for Leave to Appeal

FLOW Application for Leave

Lower court materials here.

Michigan COA Rules Against Tribes on State Public Service Commission Approval of Line 5 Tunnel Proposal

Matthew L.M. Fletcher

Here is the opinion in In re Application of Enbridge Energy to Replace and Relocate Line 5 [Little Traverse Bay Bands of Odawa Indians v. Michigan Public Service Commission].

Michigan COA Decision on Standard of Review of Michigan Official’s Consent to Adoption of Indian Child

Matthew L.M. Fletcher

Here are the opinions in In re JCR:

Majority Opinion .pdfDownload
Concurring Opinion.pdfDownload

Split Michigan COA Affirms Placement of Indian Child in Foster Care

Matthew L.M. Fletcher

Here is the majority opinion in In re Peters/Brinton/Mathews and in In re Brinton (note the complete absence of any mention of ICWA or MIFPA)

Majority.pdfDownload

And here is Judge Maldonado’s dissent, which is based entirely on ICWA/MIFPA and is 🔥:

Dissent.pdfDownload

Allie Maldonado Appointed to Michigan Court of Appeals!!!

Singel

Here.

Recent UCCJEA Cases Involving Tribal Courts

Kate Fort

There has been a small spate of Uniform Child Custody Jurisdiction Enforcement Act cases this year involving family law cases and tribal courts. In most states, tribes are considered “states” for the purposes of determining a child’s “home state” jurisdiction. These are generally (but not always) non-ICWA cases like parental custody and child support. These kind of cases seem rare to practitioners, but nationally there’s a fair number of them (and will continue to be the kind of reasoning tribal and state judges will need to engage in to as more and more cases arise in this subject area).

McGrathBressette (Michigan, child custody v. child protection)

MontanaLDC (Montana, child custody)

NevadaBlount (Nevada, third party custody)

 

(And yes, I have a pile of ICWA cases to share with you that have built up in the last month or so.)

Michigan SCT Holds KBIC Workers Did Not Violate State Tobacco Law When Transporting Unstamped Smokes

Matthew L.M. Fletcher

Here is the opinion and the materials in People v. Magnant:

Mich SCT Opinion

Davis Brief

Magnant Brief

State Brief

Magnant Reply

Davis Reply

Prior post here.

Six ICWA/MIFPA Cases in Three Months in Michigan

Kate Fort

Not sure what’s going on, but here are the (unpublished) cases so far this year:

In re King/Koon7-Jan2020Court of AppealsGrand TraverseMichiganUnNotice
In re K. Nesbitt11-Feb2021Court of AppealsHillsdaleMichiganUnNotice
In re Stambaugh/Pantoja11-Feb2021Court of AppealsSt. JosephMichiganUnNotice
In re Banks18-Feb2021Court of AppealsWayneMichiganUnNotice
In re Dunlop-Bates18-Feb2021Court of AppealsLivingstonMichiganUnActive Efforts
In re Cottelit/Payment18-Mar2021Court of AppealsChippewaMichiganUnQualified Expert Witness

For comparison, Michigan had 6 cases total in 2020, 7 in 2019, 8 in 2018. These counts include both published and unpublished cases–while I kind of understand why the Court of Appeals designates so many as unpublished, it obscures how many MIFPA cases we have if we only count published cases.

kingkoonsDownload
stambaughDownload
banksDownload
dunlapDownload
cottelitDownload
nesbittDownload