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Q&A with Judge Jeffrey C. Nellis, 51st Circuit Court (Mason County)

By Lisa F. Geherin posted 10 days ago
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For attorneys who have never been to your court, what is your check-in process? For both probate and family court matters, folks should check in at the probate court window on the first floor. I start from the position that the best case scenario is for cases to be heard live. Cases get delayed when we are trying to connect people, and, in our rural area, a good connection is often a problem. Also, having everyone in the room together enhances prospects for truthfulness and lends to the formality of the proceedings. From the attorney perspective, I expect that if you file an appearance in our court that you should expect to appear live when required. ...
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Q & A with Judge Lisa Sullivan, Clinton County Probate Court

By Rachael M. Sedlacek posted 04-04-2025
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Hon. Lisa Sullivan sits as a judge for both the Clinton County Probate Court and the Clinton County Family Court. She is a past president of the Michigan Probate Judges Association and currently chairs its legislation committee. She has served as chair of the Family Law Section of the State Bar of Michigan and as president of the Women Lawyers Association of Michigan. Over the years, Judge Sullivan has been a frequent presenter at ICLE seminars on family law issues and a contributing author and editor of its publications. For attorneys who have never been to your court, what is your check-in process? Check in at the Probate Court window ...
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FinCEN Exempts U.S.-Based Companies and Individuals from CTA Reporting

By Tala Dahbour posted 04-02-2025
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By: Brandy Bruyere , Angela Gamalski , Thomas P. Healy , and In-Sung Yoo On March 21, 2025, the U.S. Department of the Treasury issued a rule that removes the requirement for U.S.-based companies and persons to file Corporate Transparency Act (CTA) beneficial ownership information (BOI) reports. Effective immediately, all domestic reporting companies and U.S. persons are exempt from submitting beneficial ownership reports to the Financial Crimes Enforcement Network (FinCEN). Foreign reporting companies that are created under the laws of another country and registered to do business in a U.S. state or tribal jurisdiction ...
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Q & A with Judge Andre Borrello, 10th Circuit Court (Saginaw County)

By Tala Dahbour posted 03-14-2025
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Judge Borrello was elected to the 10th Circuit Court in 2016. Judge Borrello handles both criminal and civil cases for the Saginaw County Circuit Court and also presides over the Saginaw County Recovery Court with Judge Gafkay. Prior to taking the bench, Judge Borrello served as city attorney for the city of Saginaw at the law firm Gilbert, Smith, & Borrello. He also served as the Interim Deputy City Manager, Director of Public Utilities, and as the Saginaw County civil counsel. He earned his bachelor’s degree from the University of Michigan and Juris Doctorate from Seattle University School of Law. For attorneys who have never been to your court, ...
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FinCEN Pauses Enforcement on Beneficial Ownership Reporting Amid Litigation and Rule Changes

By Tala Dahbour posted 03-05-2025
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On February 18, 2025, in the wake of ongoing litigation in the Smith case, the Financial Crimes Enforcement Network (FinCEN) issued a notice that provided a new beneficial ownership reporting deadline under the Corporate Transparency Act: March 21, 2025. However, in a February 27, 2025, press release , FinCEN stated that it will not impose fines or penalties on companies that fail to file or update their beneficial ownership information (BOI) reports by the current deadlines. Per the press release, this pause in enforcement will remain in effect until an interim final rule is enacted, which is expected by the new March 21, 2025, deadline and will extend ...
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Medicaid Asset Limit Increases

By Nicole S. McNair posted 02-13-2025
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Effective February 1, 2025, the countable asset eligibility limit for an unmarried Medicaid applicant will increase to $9,660 (and potentially more if stimulus funds were received), subject to State Plan Amendment approval. See Michigan Department of Health and Human Services, Notice of Proposed Policy, Project No 2449-Eligibility (Dec 30, 2024) . The allowance will be adjusted annually to match the Medicare Savings Programs asset limits required by Section 1905(p)(1)(C) of the Social Security Act. 42 USC 1396d . Countable assets are assets that are not excluded. For a married person to qualify, the couple’s combined countable assets must be less than ...
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Q & A with Judge Kirsten Holz, 63rd District Court (Kent County)

By Nicole S. McNair posted 02-03-2025
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Judge Kirsten Holz earned bachelors of arts degrees in government and in Spanish language from Cornell University. In 2007, she earned her juris doctorate degree from the Washington College of Law at American University. She was appointed to the bench by Governor Gretchen Whitmer in 2024. For attorneys who have never been to your court, what is your check-in process? After clearing security, attorneys will head to the clerk’s windows, which are situated to the left of the main entry. Once you check in with the clerks, you can head upstairs to whichever courtroom you’re directed. We have three primary courtrooms here at the 63 ...
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Q&A with Honorable Janice K. Cunningham, 56th Circuit Court (Eaton County)

By Lindsey A. DiCesare posted 11-04-2024
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Judge Janice K. Cunningham was elected on November 6, 2012, as the first woman circuit court judge in Eaton County and took office on January 1, 2013. She became Chief Judge for Eaton County Trial Courts effective January 1, 2020. Judge Cunningham hears civil, criminal, and family law cases. In addition to her normal caseload, Judge Cunningham also presides over the Adult Circuit Drug Court and Veterans Treatment Court. She is also the judicial volunteer for the SMILE program. Prior to taking the bench, Judge Cunningham was in private practice, where she specialized in family law. For attorneys who have never been to your court, what is your check-in process? ...
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Cannabis Law Conference Highlights

By Rebekah Page-Gourley posted 10-11-2024
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At the end of September, I attended the 9 th Annual Cannabis Law Conference , presented by the Cannabis Law Section of the State Bar of Michigan in cooperation with ICLE. Held in Kalamazoo at the recently renovated Radisson Hotel, the conference was filled with the excellent substantive presentations and fun networking opportunities I’ve come to expect from this group. Here are some of my takeaways: Rescheduling . Paul Armentano of NORML presented about the history of rescheduling petitions over the years and previewed what to expect with the potential federal reclassification of marijuana from schedule I to schedule III. While Paul thinks rescheduling ...
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2025 Michigan Child Support Formula Effective January 1, 2025

By Lindsey A. DiCesare posted 09-30-2024
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On January 1, 2025, the 2025 Michigan Child Support Formula (MCSF) and 2025 Michigan Child Support Formula Supplement (MCSF-S) will go into effect. Changes to the 2025 MCSF The 2025 MCSF updates and clarifies several sections of the current version. Changes include the following: 2025 MCSF 1.04(E) Clarifies that a deviation is not required if a deviation factor exists Clarifies that the list of deviation factors is not an exhaustive list Removes two deviation factors: 2021 MCSF 1.04(E)(9): Alternative health care coverage 2021 MCSF 1.04(E)(13): Costs associated with a parent’s conviction or crime Clarifies several ...
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July 2024 Michigan Supreme Court Roundup

By Lindsey A. DiCesare posted 09-16-2024
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The Michigan Supreme Court released 16 important opinions in July in a variety of areas, including civil litigation, employment, municipal, negligence, and real property. For a full list of supreme court criminal cases, see Roundup of MI Supreme Court Criminal Cases Published in 2024 . Civil Litigation Bradley v Frye-Chaiken , Nos 164900 , 165901, ___ Mich ___, ___ NW3d ___ (July 26, 2024) Defendant agreed to sell plaintiffs a condominium in the Cayman Islands, and the parties executed a contract. Before the closing, defendant’s mother passed away, and defendant became unsure of following through with the sale. Plaintiffs filed an action for breach ...
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Q&A with Judge Allie Greenleaf Maldonado, Michigan Court of Appeals

By Lindsey A. DiCesare posted 09-03-2024
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The Honorable Allie Greenleaf Maldonado was appointed to the Michigan Court of Appeals in 2023. Judge Maldonado is the first citizen of a federally recognized Native nation to serve on the Michigan Court of Appeals. In addition to being a citizen of the state of Michigan, Judge Maldonado is a citizen of the Little Traverse Bay Bands of Odawa Indians (LTBB) and a member of the Turtle Clan. Before her appointment to the Michigan Court of Appeals, Judge Maldonado served as the Chief Judge of the Little Traverse Bay Bands of Odawa Indians and as assistant general counsel for the Tribe. Who makes up your judicial staff and what roles do they play? I ...
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Q&A with Judge Cori E. Barkman, 29th Circuit Court (Clinton and Gratiot Counties)

By Matthew J. Franson posted 08-12-2024
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Hon. Cori E. Barkman has served as a circuit court judge in the 29 th Circuit Court of Clinton and Gratiot Counties since 2021. She handles both civil and criminal matters. Before becoming a judge, Judge Barkman was a first assistant attorney general in the Michigan Department of Corrections Division of the Attorney General’s Office. Prior to that role, she was an administrative law judge at the St. Louis Correctional Facility and a senior litigation attorney in the Attorney General’s Office. For attorneys who have never been to your court, what is your check-in process? Attorneys should check in with the judicial assistant who is in the courtroom. ...
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2024 SCOTUS Opinion Roundup

By Tala Dahbour posted 07-31-2024
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The 2023–2024 U.S. Supreme Court term brought important rulings that have changed legal standards in several areas. These decisions affect rules on expert testimony in criminal cases, federal arbitration procedures, presidential power and immunity, and much more. Below are summaries of key cases from this term. Criminal Diaz v United States , 602 US ___, 144 S Ct 1727 (2024) In a 6–3 decision, the U.S. Supreme Court affirmed the lower court’s ruling regarding FRE 704(b). This rule restricts expert witnesses in criminal cases from providing testimony on whether the defendant had a specific mental state that is an element of the crime. Delilah Diaz, charged ...
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SCOTUS Limits the NLRB's Power to Obtain Preliminary Injunctions

By Tala Dahbour posted 07-08-2024
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Summary On June 13, 2024, the U.S. Supreme Court unanimously ruled that the four-factor test in Winter v Natural Res Def Council, Inc , 555 US 7 (2008), governs the issuance of preliminary injunctions under section 10(j) of the National Labor Relations Act (NLRA), 29 USC 160(j) . Starbucks Corp v McKinney , No 23-367, ___ US ___ (June 13, 2024). This opinion, with Justice Ketanji Brown Jackson concurring in part and dissenting in part, imposes a more stringent standard on 10(j) preliminary injunctions, eliminating deference to the National Labor Relations Board (NLRB) in such decisions. Facts The case arose when a Tennessee Starbucks terminated ...
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Q&A with Judge Bridget Mary Hathaway, 3rd Circuit Court (Wayne County)

By Rebekah Page-Gourley posted 07-01-2024
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Hon. Bridget Mary Hathaway was elected to the bench on November 6, 2018. She is assigned to the Wayne County Circuit Court’s criminal division. Before her election to the bench, Judge Hathaway worked in private practice at Flood Law and Bodman PLC. For attorneys who have never been to your court, what is your check-in process? For an attorney appearing in person, the attorney should first check in with my deputy who sits at the entrance to my courtroom. If I am on the record at the time, the attorney should wait until the matter concludes before they approach the clerk to check in with her and speak to her about any issues, if any. For an attorney ...
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Revocation of Paternity Act Renamed to Revocation of Parentage Act

By Lindsey A. DiCesare posted 06-13-2024
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2024 PA 29 renamed the Revocation of Paternity Act to the Revocation of Parentage Act. MCL 722.1431 . 2024 PA 29 also made amendments to language changing “father” to “parent” and “paternity” to “parentage” in MCL 722.1433 , .1435 , .1437 , .1439 , .1441 , and .1445 . MCL 722.1433 will also add a definition for donor, as defined in MCL 722.1703 of the Assisted Reproduction and Surrogacy Parentage Act, MCL 722.1701 et seq. In addition to updated language, amended MCL 722.1443 requires the court to consider the length of time a presumed parent was on notice that an individual might not be the child’s ...
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Michigan Passes Bill to Legalize Paid Surrogacy

By Lindsey A. DiCesare posted 06-06-2024
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On April 1, 2024, the Michigan Family Protection Act passed in Michigan legalizing paid surrogacy. 2024 PA 24 . Michigan previously had a criminal ban on compensated surrogacy. The ban on paid surrogacy is now lifted and standards will be put into place to protect biological parents, the surrogate, and the child. Standards include the following: A surrogate must be at least 21 years old, have undergone a medical evaluation and a mental health consultation, and have previously given birth to at least one child. An intended parent (or parents) must be at least 21 years old and have a mental health consultation. The surrogate and the intended parent ...
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Q&A with Judge Donna Howard, 2nd Circuit Court (Berrien County)

By Tala Dahbour posted 06-03-2024
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Judge Donna Howard was elected as a district judge to the Berrien County Trial Court on November 4, 2014, and began her term on January 1, 2015. She has served in both the criminal and civil divisions and was appointed by Governor Rick Snyder on July 26, 2018, to the 2nd Circuit Court in Berrien County, where she currently oversees the civil division, problem-solving courts, and the business court. Judge Howard holds a B.A. in Economics from the University of Michigan and a J.D. from Wayne State University Law School. Before her judicial career, she practiced law for 17 years and served as Berrien County Corporate Counsel from 2010-2014. Judge Howard also volunteers ...
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Q&A with Judge Avery D. Rose, Kent County Probate Court

By Nicole S. McNair posted 05-06-2024
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Judge Avery D. Rose took the bench on January 1, 2023. Prior to taking the bench, Judge Rose was appointed to serve as the probate register for Kent County in 2019, where he oversaw the administration of the Probate Court and the Kent County Guardianship Program. Prior to that, in 2015, Judge Rose was named as the probate register at the Allegan County Probate Court, where he also served as an attorney/referee. During his tenure in Allegan County, Judge Rose also served as the President of the Allegan County Bar Association, participated in the Allegan County Community Corrections Advisory Board, served as board member for the Allegan County Legal Assistance ...
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