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April 2016 Archives

Michigan Custody Law Must be Amended to Encompass Artificial Reproductive Technology

Michigan is considering an amendment to the Child Custody Act that will enable parents who have children as result of in vitro fertilization from anonymous sperm and egg donors to be legally considered the child's parents. Based upon current law, a parent, whose child was conceived in this manner, does not have standing to seek custody under the Child Custody Act. A "parent" has been defined by the Michigan legislature as the "natural or adoptive parent of a child." The courts have interpreted a "natural" parent to be a person who is biologically related to the child. This is problematic for those parents who have been blessed with a child as a result of Artificial Reproductive Technology (ART). The problem is specific to those situations where a child born to a couple is the result of a donor egg and donor sperm.

Michigan Court of Appeals Confirms That Proximate Cause Is A Question Of Fact In Medical Malpractice Cases

In Jennifer Stamler v Anuj Mittal, M.D. and M-Amin Badawi, M.D., Case No. 325261 (March 10, 2016), the Michigan Court of Appeals reversed the trial court's decision granting summary disposition in favor of the defendant physicians in a medical malpractice case. In reversing the trial court, the Court of Appeals held that proximate causation in a medical malpractice case is a question of fact and trial courts should not lightly grant motions for summary disposition on the issue.

Department of Labor Changes Financial Advisers' Standard of Care Rule

The Department of Labor dramatically changed the landscape for financial advisers and investors, announcing final rules that will change most financial advisers standard of care to clients from a "suitability" analysis to a "fiduciary duty". A fiduciary duty is a very high standard of care. This is already leading to a flurry of industry changes as financial advisers and firms work to readjust their relationships and comply with these new duties. Some are left wondering why the SEC didn't lead the charge in drafting new rules, and whether the SEC will yet make further rules.

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