Case law

In Re Hector M Hernandez Supplemental Needs Trust

Michigan Court of Appeals · Oct 14, 2024

-5- “established solely for the benefit of an individual under 65 years of age,” allows the individual to continue to qualify for medical assistance. 42 USC 1396p(c)(2) … And, when viewed in the light most favorable to Luisa, the extrinsic evidence does not clearly and convincingly show that Hector intended for the clause to allocate his property upon his death.

Kalinoff v. Columbus Township

214 Mich. App. 7 · Michigan Court of Appeals · Oct 13, 1995

Defendant argues that § 4.02(A) clearly allows single-family homes to be constructed on the parcels in question. … In Randall v Delta Charter Twp, 121 Mich App 26, 32 ; 328 NW2d 562 (1982), this Court in finding a township immune from suit for allegedly failing to abate a zoning violation stated: [W]e find that decisions of a planning

Victoria Morales v. City of Lincoln Park

Michigan Court of Appeals · Feb 11, 2016

It is well established that statutory notice requirements must be interpreted and enforced as plainly written and that no judicially created saving construction is permitted to avoid a clear statutory mandate.” … The procedures requiring compliance address the elements of proof to qualify for compensation, MCL 691.1417(3), (4), and the provision of notice, MCL 691.1419(1), (2) and (3).

People v. Grace

50 Mich. App. 604 · Michigan Court of Appeals · Nov 28, 1973

Furthermore, any prejudice due to the prosecution’s extension beyond proper scope does not satisfy the substantial miscarriage of justice test and was clearly outweighed by the unusual advantage the court allowed in granting … In those circumstances, the Court held that it was reversible error not to qualify such instructions with language such as the verdict must be that of each individual juror.

Shivers v. Schmiege

285 Mich. App. 636 · Michigan Court of Appeals · Sep 29, 2009

Clearly, plaintiff will have to look to others for assistance in the future. The evidence at trial established the need for attendant care services as a part of future economic damages. … Because the evidence clearly established plaintiff's future *683 economic damages (the need for attendant care services), and plaintiff's counsel's closing argument can readily be interpreted as a request for minimum wage

Modreski v. General Motors Corp.

119 Mich. App. 198 · Michigan Court of Appeals · Jun 19, 1981

accompanied by psychological processes which are otherwise clearly less than incurable insanity. … for permanent disability if his maladies had an organic basis but might qualify if his maladies were found to have a psychological basis.

Botsford General Hospital v. Citizens Insurance

195 Mich. App. 127 · Michigan Court of Appeals · Jul 20, 1992

Assuming that Noel was not an owner of the vehicle involved in the accident, he qualifies for assigned claims pip benefits. … VII Citizens argues that the trial court erred in giving the following jury instruction: In Michigan, two or more writings to a transaction, if they clearly relate to the same transaction, are to be construed together.

People v. Heiss

30 Mich. App. 126 · Michigan Court of Appeals · Jan 25, 1971

Defendant was arrested on a warrant charging the offense and establishing the date it was committed as April 6, 1968. … At first glance it would appear that the testimony was clearly in the realm of other distinct offenses and as such is not admissible.

Jurva v. Attorney General

111 Mich. App. 595 · Michigan Court of Appeals · Dec 1, 1981

Under this provision, a teacher who is employed by the board for 10 years and reaches 50 years of age may qualify for the early retirement incentive payments. … Salaries clearly are included in "working conditions” by reason of the legislative use of the word "other”.

Bayley Products, Inc. v. American Plastic Products Co.

30 Mich. App. 590 · Michigan Court of Appeals · Feb 17, 1971

Defendants assign as error the following exchange which occurred during plaintiffs’ attempt to qualify the witness: “Q. (By Mr. … All concurred. 1 This statement in defendants’ request to charge that plaintiffs are entitled to the greater of the two figures is clearly a mistaken expression of counsel’s intended request to the effect that plaintiffs

Agee v. Williams

17 Mich. App. 417 · Michigan Court of Appeals · May 28, 1969

The defendant objected during the course of the doctor’s testimony, first on the ground that the witness was not a properly qualified expert. … It is well-established law that the trial court is not obliged to give a charge in the exact language of the request even though the request may be based upon a quotation extracted from an opinion of the Supreme Court.

Grosse Ile Committee for Legal Taxation v. Grosse Ile Township

129 Mich. App. 477 · Michigan Court of Appeals · Oct 10, 1983

electors of such county voting thereon, in lieu of the limitation hereinbefore established. … However, under the Property Tax Limitation Act, MCL 211.211; MSA 7.71, the school district is guaranteed a tax rate of at least 1/10 of a mill; the .03 is clearly within this portion.

John Stanton v. Anchor Bay School District

Michigan Court of Appeals · Jan 7, 2020

“Lower level officers, employees, and agents are extended only qualified immunity. This immunity exists when the individual is engaged in discretionary acts which are performed in good faith.” … Instead, the only question is whether Kenward was entitled to qualified immunity. The trial court found that the record was not clear whether Kenward’s conduct satisfied the good faith requirement for immunity to apply.

People v. Odom

276 Mich. App. 407 · Michigan Court of Appeals · Aug 9, 2007

Clarification of which substances qualify as “harmful biological substances” is a question of first impression for this Court. … In sum, nothing Odom complains of as prosecutorial misconduct actually qualifies as misconduct. *415 IV EFFECTIVE ASSISTANCE OF COUNSEL A.

Entingh v. Grooters

236 Mich. App. 458 · Michigan Court of Appeals · Oct 1, 1999

The plain language of the statute establishes the appropriate redemption period on the basis of the percentage paid against the purchase price. … Thus, in order to qualify for the six-month redemption period, defendants would have had to have paid at least $30,500 on the principal.

Hastings Mutual Insurance v. Safety King, Inc.

286 Mich. App. 287 · Michigan Court of Appeals · Nov 24, 2009

In this case, Hastings has failed to establish that Safety King’s use of a “pollutant” gave rise to the damage claims asserted by the Mastrogiovanni defendants. … The evidence of record in that case, as noted by the majority opinion, clearly proved that the specific pesticide at issue was an “irritant, contaminant or pollutant.” Id. at 163-166.

Janet Lashar Eppel v. Christopher James Eppel

Michigan Court of Appeals · Jan 9, 2018

Any such error must be readily apparent on the face of the award without second-guessing the arbitrator’s thought processes, and the arbitrator’s findings of fact are immune to review altogether. … Clearly, attorney fees were placed before the arbitrator. Equally clearly, at least based on the available record, attorney fees based on need were not, or at least they were not specifically argued.

Dye v. St. John Hospital & Medical Center

230 Mich. App. 661 · Michigan Court of Appeals · Oct 7, 1998

They are “immunized from liability” as long *672 as disclosure is for one of the purposes enumerated in § 2 of Act 270. MCL 331.532; MSA 14.57(22). Id. at 172. … Release of such information, however, is clearly discretionary according to MCL 331.531; MSA 14.57(21) which provides that “[a] person, organization or entity may provide information.”

People v. Holtzman

234 Mich. App. 166 · Michigan Court of Appeals · May 19, 1999

Therefore, disclosure of these notes (unless they qualified as statements under MCR 2.302[B][3][c]) would compromise the work-product privilege, which this Court has *170 already established applies in criminal proceedings … Clearly, notes of witness interviews unquestionably qualify as work product under this description.

Antrim Resources v. Public Service Commission

179 Mich. App. 603 · Michigan Court of Appeals · Aug 21, 1989

fuels and governmentally established gas prices. … It is for the psc to weigh conflicting opinion testimony of the qualified ("competent”) experts to determine how the evidence preponderated.