Case law

Grand Rapids Education Ass'n v. Grand Rapids Board of Education

170 Mich. App. 644 · Michigan Court of Appeals · Aug 15, 1988

A district employing teachers not legally qualified shall have deducted the sum equal to Vi the amount paid the teachers. … A district failing to comply with rules promulgated by the state board, which rules establish the minimum time pupil instruction is to be provided to pupils for the regular school year, shall forfeit from its total state

Ferguson v. Gonyaw

64 Mich. App. 685 · Michigan Court of Appeals · Oct 13, 1975

His contention is that these two men should not be entitled to establish their own standard of care from which to defend malpractice actions. … He was qualified through the testimony of Dr.

In Re Oakland Prosecutor

191 Mich. App. 113 · Michigan Court of Appeals · Sep 3, 1991

Judge Schnelz concluded that defendant had received ineffective assistance of counsel: The foregoing testimony clearly established that, although the prosecutor never actually promised to refrain from making a sentence recommendation … The testimony also established that Defendant relied on that belief in entering his pleas of guilty.

Dana v. American Youth Foundation

257 Mich. App. 208 · Michigan Court of Appeals · Aug 20, 2003

She also qualified for health insurance and a child-care allowance during her service. … Employees who become involuntarily unemployed may qualify for unemployment compensation under MESA.

Kenneth McKenzie v. Department of Corrections

Michigan Court of Appeals · Aug 11, 2025

For prospective application to apply, a threshold question needs to be addressed: whether the decision clearly establishes a new principle of law. … If the decision establishes a new principle of law, then a court is to weigh the following three factors in determining whether a decision should have retroactive application: “(1) the purpose to be served by the new rule

Stacy Hubbard v. Lisa Stier Np

Michigan Court of Appeals · Mar 2, 2023

Each of these pre-suit notice requirements establishes a deadline by which notice must be given. … What the amended language clearly does not cover are pre-suit notice requirements, which establish deadlines by which notice must be given.

People v. Tanis

153 Mich. App. 806 · Michigan Court of Appeals · Aug 5, 1986

A trial court’s decision on a motion to suppress will be reversed only if the trial court abused its discretion or if its decision was clearly erroneous. People v Potter, 115 Mich App 125, 134 ; 320 NW2d 313 (1982). … Tebo v Havlik, 418 Mich 350, 360-361 ; 343 NW2d 181 (1984), reh den 419 Mich 1201 (1984), citing Parker v Port Huron Hospital, 361 Mich 1 ; 105 NW2d 1 (1960) (doctrine of charitable immunity overruled); Bricker v *811 Green

People v. Potter

115 Mich. App. 125 · Michigan Court of Appeals · Apr 7, 1982

We conclude that the trial court did not abuse its discretion in ruling that defendant’s witness was not qualified as an expert witness to give the proferred opinion. … We note that, in reviewing a trial court’s ruling on a motion to suppress evidence, this Court has recently applied both the abuse of discretion and the clearly erroneous standards.

Penokie v. Michigan Technological University

93 Mich. App. 650 · Michigan Court of Appeals · Nov 19, 1979

Defendant MICHIGAN TECHNOLOGICAL UNIVERSITY competes nationally with both public and *656 private colleges, universities, industry and the government for the best qualified employees it can successfully recruit for its faculty … Because no statutory provision clearly exempted this information from disclosure, the refusal was in violation of the FOIA.

People v. Jamison

292 Mich. App. 440 · Michigan Court of Appeals · Apr 26, 2011

effect to the intent of the Legislature. 15 The process begins with an examination of the plain language of the statute. 16 When that language is unambiguous, Courts must “presume that the Legislature intended the meaning clearly … However, merely being permitted to keep some of one’s belongings at a person’s home does not establish a cohabitating relationship. 28 Therefore, Jamison and Jenkins’ relationship did not display the characteristics needed

People of Michigan v. Dalton Duane Carll

Michigan Court of Appeals · Jan 23, 2018

People v Duncan, 494 Mich 713, 722-723; 835 NW2d 399 (2013). 5 We also reject defendant’s assertion that Bittner should not have been qualified as an expert because he had never before been qualified to provide expert testimony … The word “continuing” clearly refers to an event or process that takes place over time. Merriam-Webster’s Collegiate Dictionary (11th ed) defines “continuing” as “to keep going or add to.”

Barnell v. Taubman Co, Inc

203 Mich. App. 110 · Michigan Court of Appeals · Dec 20, 1993

To establish a prima facie case of age discrimination under the intentional discrimination theory, plaintiff must show that (1) he was a member of a protected class, (2) he was discharged, (3) he was qualified for the position … Third, considering plaintiff’s employment and educational background, he was clearly qualified for the position of vice president of financial services.

Kuhn v. Secretary of State

228 Mich. App. 319 · Michigan Court of Appeals · Jun 8, 1998

The motion should be granted only when the claim is so clearly unenforceable as a matter of law that no factual development could possibly justify a right of recovery. … The supreme court may authorize persons who have served as judges and who have retired, to perform judicial duties for the limited period of time from the occurrence of the vacancy until the successor is elected and qualified

People v. Weaver

35 Mich. App. 504 · Michigan Court of Appeals · Aug 24, 1971

This was pointedly established in People v. … Henderson (1967), 6 Mich App 379 , which clearly holds that any search is not proscribed when the officers have reasonable cause to believe the automobile was stolen. No time limit is included.

People v. Smith

282 Mich. App. 191 · Michigan Court of Appeals · Jan 29, 2009

In other words, evidence of sufficiently similar prior bad acts can be used “to establish a definite prior design or system which included the doing of the act charged as part of its consummation.” … The Legislature clearly did not intend MCL 768.27a to be a barrier that could be invoked to preclude the admission of evidence. Indeed, the language of MCL 768.27a supports our conclusion.

Ryan Guzall v. Michigan State University

Michigan Court of Appeals · Sep 29, 2022

With regard to the Winter E-mail, the Court of Claims concluded that Franz was entitled to qualified privilege, and plaintiff was required to establish actual malice. … Rather, he contends that his complaint adequately alleged actual malice to overcome qualified immunity.

American Mut. Liab. Ins. Co. v. Mich. Mut. Liab. Co.

64 Mich. App. 315 · Michigan Court of Appeals · Sep 22, 1975

This case calls for different witnesses and different proofs to establish facts different from those involved in the Barden-Kalamazoo action. … The trial judge's decision to sustain this claim is not clearly erroneous and must be affirmed.

Craig Hecht v. National Heritage Academies Inc

Michigan Court of Appeals · Oct 28, 2014

Though defendant maintains that the disclosures should not have been admitted into evidence because subsection (3) provides for immunity from civil liability, such immunity applies only “for the disclosure” itself. … The respondent must do so by establishing “(1) that the damage suffered by plaintiff could have been avoided, i.e., that there were suitable positions available which plaintiff could have discovered and for which he was qualified

Bishop v. Interlake, Inc

121 Mich. App. 397 · Michigan Court of Appeals · Nov 17, 1982

If the evidence, considered in the light most favorable to the plaintiff, establishes a prima facie case, the motion must be denied. Bouwman v Chrysler Corp, 114 Mich App 670 ; 319 NW2d 621 (1982). … Kunka’s testimony about industry standards, competitors’ products, why there were no warnings to use the guard on the machine and the like, was based on his specialized knowledge and qualified as expert testimony under MRE

People v. Shepherd

263 Mich. App. 665 · Michigan Court of Appeals · Nov 10, 2004

When quantitatively assessed in this case, there is clearly more than a reasonable probability that the transcript of Mr. … Regardless of the precise *675 articulation, some statements qualify under any definition —for example, ex parte testimony at a preliminary hearing. [2 8] In the only two cases where our Court has addressed Crawford, the