Case law

People v. Smith-Anthony

296 Mich. App. 413 · Michigan Court of Appeals · May 3, 2012

This is clearly the type of situation that could result in violence. … Second, the Court held that the defendant qualified as an “accessory” to the theft from the wallet. Id. at 78 .

Estate of Delana Gentry v. Ryan Baugh

Michigan Court of Appeals · Oct 11, 2024

MCR 2.116(C)(7) permits a court to dismiss an action on grounds that the action is barred by “immunity granted by law.” … Regardless, evidence that the ambulance’s lights were flashing after the accident does not clearly establish that the ambulance’s lights were flashing when it proceeded into the intersection on a red light, so a question

Limale Ba v. Pittsfield Charter Township

Michigan Court of Appeals · May 21, 2025

“The trial court properly grants a motion for summary disposition under MCR 2.116(C)(7) when the undisputed facts establish that the moving party is entitled to immunity granted by law.” … The trial court did not err when it decided the undisputed facts establish Pittsfield is not entitled to governmental immunity. III.

People v. Shaw

315 Mich. App. 668 · Michigan Court of Appeals · Jun 14, 2016

In my view, the record does not establish Dr. Guer-tin’s qualification under MRE 702 to render either opinion. Dr. Guertin testified that he is board certified in pediatrics and pediatric critical care. … An expert’s view on this subject is certainly relevant, but under MRE 702 must also qualify as reliable.

McPhee v. Bay City Samaritan Hospital

10 Mich. App. 567 · Michigan Court of Appeals · Mar 29, 1968

Doctor Jones, who had performed “more than a hundred” thyroidectomies prior to plaintiff’s operation, certainly was qualified to testify regarding the requisite standard of professional practice in the community. … Plaintiff’s expert witness, Doctor Gamón, admittedly did not couch his opinion of defendant’s culpability in the most desirable, explicit manner, but nevertheless the following excerpts of his testimony clearly indicate the

People of Michigan v. Roberto David Gonzalez

Michigan Court of Appeals · Jan 31, 2017

A defendant bears the burden of establishing his entitlement to § 4 immunity or a § 8 defense. Id. at 215, 228. … Thus, he cannot establish the second and third necessary elements of § 4 immunity. Id.

In Re Dembek

145 Mich. App. 185 · Michigan Court of Appeals · Aug 20, 1985

Clearly, the adoption subsidy order in this case does not expressly require petitioners to exhaust their insurance benefits as a condition precedent to subsidy payment. … Clearly, the adoptive parents’ private financial resources were not to be considered by the probate court in considering whether to grant an adoption subsidy.

Herbolsheimer v. SMS Holding Co., Inc.

239 Mich. App. 236 · Michigan Court of Appeals · Apr 4, 2000

The limits to this judicial exception have not been clearly defined by the Supreme Court. … Even if we extend this obligation to the decedent in some way, we must also extend the immunities that go with it.

MacEdono-bulgarian Orthodox Church Saint Clement Ohridski v. MacEdonian Patriotic Organization Fatherland

21 Mich. App. 281 · Michigan Court of Appeals · Apr 13, 1970

The facts of the case are clearly set forth in the learned trial judge's rulings. … The law knows no heresy, and is committed to the support of no dogma, the establishment of no sect.

Bandeen v. Public School Employees' Retirement Board

282 Mich. App. 509 · Michigan Court of Appeals · Feb 24, 2009

Your application stated that you were a casual *512 substitute teacher, which is not established employment, thus making you ineligible. … Thus, the board’s determination that petitioner was not a public school employee for the purpose *519 of qualifying to purchase maternity/child rearing service credit was not clearly wrong nor was it contrary to legislative

Jerry Anderson II v. Marquette Branch Prison Warden

Michigan Court of Appeals · Nov 4, 2021

Moreover, to qualify for habeas corpus relief, the jurisdictional defect must be radical, rendering the conviction absolutely void. … Petitioner has failed to establish any constitutional violation or demonstrate any defect in the bindover procedure that would warrant habeas relief.

Chapin v. a & L PARTS, INC.

274 Mich. App. 122 · Michigan Court of Appeals · Jan 30, 2007

Lemen opined that epidemiological studies in the 1930s had established beyond any reasonable doubt that asbestos causes asbestosis and that studies in the 1960s had established beyond any reasonable doubt that asbestos causes … Although clearly not universally accepted, and although unsupported by epidemiological studies that may or may not be flawed, Dr.

In re McCarrick

307 Mich. App. 436 · Michigan Court of Appeals · Oct 23, 2014

O’Neil opined that these services qualified as active efforts to prevent the breakup of McCarrick’s family. … Accordingly, we conclude that the trial court did not clearly err when it found that the Department made active efforts to prevent the breakup of McCarrick’s family.

Mericka v. Department of Community Health

283 Mich. App. 29 · Michigan Court of Appeals · Mar 19, 2009

The fact that the Legislature chose not to limit the word “capacity” in MCL 330.1100a(21) (a) (iv)(F) by inserting the word “mental” before it, when the Legislature clearly recognized the distinction between mental and physical … ) specialty and supports and services program is relevant to the facts of this case and is explained in the order of the hearing referee of the Department of Human Resources as follows: The Medical Assistance Program is established

Marsh v. Department of Civil Service

142 Mich. App. 557 · Michigan Court of Appeals · May 7, 1985

This section further provides that: "No person shall be appointed to or promoted in the classified service who has not been certified by the commission as qualified for such appointment or promotion. … "The establishment of the CRC expressed the intent of the people of Michigan to end invidious forms of discrimination through the efforts of a single commission.

Moore v. Detroit Entertainment, LLC

279 Mich. App. 195 · Michigan Court of Appeals · May 27, 2008

The Sixth Circuit affirmed in Romanski, rejecting the defendants’ contention that they did not qualify as state actors. … Their conduct, therefore, qualified as state action, and deprived plaintiff of a right “secured by the Constitution.”

Chrisdiana v. Department of Community Health

278 Mich. App. 685 · Michigan Court of Appeals · Apr 29, 2008

The first 3 relies on what appears to be the same inaccurate reading of 42 USC 1320b-7(f) that plaintiff employs, and it additionally contains an important qualifier that the applicant “qualifies for emergency Medicaid coverage … Under 42 CFR 435.406(b), emergency Medicaid services must be provided “to residents of the State who . . . are non-qualified aliens who meet all Medicaid eligibility criteria, except non-qualified aliens need not present

People of Michigan v. Christopher Michael Shananaquet

Michigan Court of Appeals · Aug 12, 2021

AMENDED MOTION TO SUPPRESS Defendant first alleges that he is entitled to the qualified immunity provided by MCL 722.625 for reporting his reasonable suspicion that his son was at risk of child abuse. … Defendant submits that a fair reading of the statute entitles him to qualified immunity from criminal prosecution arising from statements he made in the December 2016 letter/report to the state police and to the DHHS.

Harrison v. Arrow Metal Products Corp.

20 Mich. App. 590 · Michigan Court of Appeals · Feb 24, 1970

A qualified privilege extends to communications made under certain circumstances. … There counsel agreed that the prior employer had a qualified privilege; not so liere.

People of Michigan v. Derrius Lamar Thurmond

Michigan Court of Appeals · Oct 26, 2023

Defendant’s claim of an immunity agreement is misplaced. The prosecution denied that there was a grant of immunity of any kind. … Accordingly, the trial court did not clearly err by finding that the police were given consent to enter the motel room.