Thursday, January 19, 2012
Weekly Law and Practice Update
Exclusively for ICLE Partners
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Top Tips in Ten Minutes
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Getting or Keeping Your Clients Off the Sex Offender Registry
- Become familiar with the new three-tier system of listed offenses
- Many younger juvenile offenders are no longer required to register
- Romeo and Juliet offenders may petition for removal from the list
- Prepare removal petitions based on consent with great care
- Only one removal petition may be filed
- The Romeo and Juliet defense can prevent listing on the registry
- Juveniles convicted of a Tier III offense must wait 25 years to petition for removal
- Avoid the registry in the first place
- Read (and reread) the statute
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New Cases, Statutes, & Rules
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Real Property
Kim v JP Morgan Chase Bank
Michigan Court of Appeals
No 302528 (01/12/12)
Defendant was not authorized to proceed with a sheriff's sale after a foreclosure by advertisement because it failed to record its mortgage interest before the sale as required by MCL 600.3204(3). No exception is made in the statute for mortgage interests acquired by operation of law. Moreover, defendant, which purchased the mortgage interest from the FDIC as the receiver of a failed bank, did not acquire its mortgage interest by operation of law. See the full text of the opinion.
Alfieri v Bertorelli
Michigan Court of Appeals
No 297733 (01/10/12)
Plaintiffs purchased a condominium unit in what had been an abandoned factory without conducting an independent environmental assessment. They relied on defendants' statements, a newspaper article, and a sales brochure indicating that contamination at the site had been cleaned up. Plaintiffs alleged silent fraud and negligent misrepresentation against defendants, who were the sellers' agents. There was evidence that plaintiffs made direct inquiries of defendants about the property's condition and that the Department of Environmental Quality advised defendants that the brochure contained inaccurate and misleading information. This created a question of fact regarding whether defendants owed plaintiffs a duty of disclosure, and plaintiffs were not required to conduct further inquiry. When a defrauded party examines extrinsic evidence supporting a false statement, that party has no duty to uncover additional evidence disproving the defrauder's representation. The trial court did not err in instructing the jury on comparative negligence. Personal injury can refer to any invasion of personal right, not just bodily injuries. See the full text of the opinion.
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In This Issue
Top Tips in Ten Minutes
Getting or Keeping Your Clients Off the Sex Offender Registry
New Cases, Statutes, & Rules
Real Property
Partnership Resources
Need Help with the Family Medical Leave Act?
Eliminate confusion and uncertainty with ICLE's FMLA resources, which combine legal analysis and practical explanations of law and practice in this complicated area.
Partnership Quick Tip
Printing Your Receipts
Duplicate receipts are available in the My Account area of ICLE's Web site for all transactions including seminar registrations, book and supplement purchases, renewal payments, and invoice payments. Learn how to find and print copies of your receipts.
Upcoming Seminars
2012 Intellectual Property Law Spring Seminar
Get expert advice on recent caselaw, hot topics, and USPTO developments, including the America Invents Act and inter partes review, the new generic top-level domains (gTLDs), post-Bilski strategies, and foreign trademark enforcement...Learn More!
Featured Book
Michigan Criminal Procedure
Edited by
Hon. Brian W. MacKenzie and
Travis M. Reeds
Practical guide to criminal procedure in Michigan. Written by a range of experienced practitioners, this book covers issues from arrest through posttrial motions and appeals. Get quickly to the primary authority, answers, and forms you need...Learn More!
The Online Library
You Can Take More Cases with Confidence
Say "yes" to new clients and new types of matters. With ICLE's Online Library, you have the answers, the law, the forms, and the guidance of 539 of the best Michigan lawyers.
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