United States Sixth Circuit

In an action brought by a father challenging the constitutionality of the Michigan Paternity Act and related laws, arising from circumstances in which defendant-mother told plaintiff she was infertile and using birth control, but she became pregnant with his child, had the baby, and sued for and was awarded child support, dismissal of plaintiff's case and an award of attorney's fees for defendants is affirmed as: 1) applying rational basis review, the Michigan Paternity Act does not violate plaintiff's right to equal protection; and 2) there was no abuse of discretion in the award of attorney's fees. The circuit court declines to award defendants costs and attorney's fees for the appeal of the case.

Appellate Information

• Decided 11/06/2007
• Published 11/06/2007

Judges

• Before CLAY and GIBBONS, Circuit Judges;  HOOD, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Thomas J. Plachta, Plachta Law Offices, Mt. Pleasant, Michigan, for Appellant.  Christina M. Grossi, Gilbert, Smith & Borrello, Saginaw, Michigan, Joel D. McGormley, Michigan Department of Attorney General, Lansing, Michigan, for Appellees.   ON BRIEF:  Thomas J. Plachta, Plachta Law Offices, Mt. Pleasant, Michigan, for Appellant.  Christina M. Grossi, L. William Smith, Gilbert, Smith & Borrello, Saginaw, Michigan, Joel D. McGormley, Michigan Department of Attorney General, Lansing, Michigan, for Appellees.