Case law

Auto-Owners Insurance v. Ferwerda Enterprises, Inc.

283 Mich. App. 243 · Michigan Court of Appeals · Apr 9, 2009

Because an ambiguity exists with respect to whether the building heating equipment endorsement encompasses the heating, filtration, and treatment system in Hobday Inn’s pool room, the parties’ insurance contract qualifies … Whether substances such as chlorine and muriatic acid generally qualify as pollutants remains a subject of debate in caselaw construing absolute pollution exclusions. 3 But, in this case, a reasonable position also exists

People v. Sesi

101 Mich. App. 256 · Michigan Court of Appeals · Nov 4, 1980

These facts were revealed to the authorities by Robinson in exchange for immunity from prosecution. … A conviction for mail fraud is clearly probative of credibility. Similarly, it is sufficiently distinct *269 from the charged offenses not to be unduly prejudicial.

Gainey v. Sieloff

163 Mich. App. 538 · Michigan Court of Appeals · Oct 6, 1987

In this case, defense counsel established that Dr. Posch was a qualified medical expert who had reviewed Gainey’s medical records and had examined the x-rays of Gainey’s fractured arm. … Posch was clearly evident and, in any case, was not so lacking as to justify the preclusion of the expert’s opinion based on the lack of a proper evidentiary foundation. Moreover, the preclusion from evidence of Dr.

Ward v. Siano

270 Mich. App. 584 · Michigan Court of Appeals · Jun 22, 2006

However, these factors are only considered after the threshold question of whether the decision clearly established a new principle of law. Pohutski v City of Allen Park, 465 Mich 675, 696 ; 641 NW2d 219 (2002). … Because Waltz did not clearly establish a new principle of law, consideration of the factors listed in Pohutski was not necessary.

People v. McGhee

268 Mich. App. 600 · Michigan Court of Appeals · Jan 23, 2006

Therefore, defendant has failed to establish that the evidence more probably than not affected the reliability of the verdict. … When the challenged comments are read in context, they clearly indicate that the prosecutor argued that the MRE 404(b) evidence was relevant to defendant’s knowledge, intent, and scheme, all clearly proper purposes under

Lawrence Russell v. City of Detroit

Michigan Court of Appeals · Oct 10, 2017

Clearly, MCL 691.1404(1) sets forth various requirements for providing compliant notice to the governmental agency. … Moreover, such an argument ignores established agency principles. “Agents have the implied power to carry out all acts necessary in executing [the principal’s] expressly conferred authority.”

Aubry Elizabeth Pedersen v. Huron Clinton Metropolitan Authority

Michigan Court of Appeals · Jan 15, 2015

Pursuant to MCL 691.1407(2), the Governmental Tort Liability Act (GTLA) provides qualified immunity from tort liability to individual governmental actors. Odom, 482 Mich at 468. … To establish intent, the plaintiffs must 2 The elements of a negligent infliction of emotional distress claim are: (1) “the injury threatened or inflicted on the third person must be a serious one, of

Bolt v. City of Lansing

221 Mich. App. 79 · Michigan Court of Appeals · Apr 4, 1997

Headlee Amendment states in relevant part: Units of Local Government are hereby prohibited from levying any tax not authorized by law or charter when this section is ratified . . . without the approval of a majority of the qualified … electors of that unit of Local Government voting thereon. [ 1 ] Clearly, the people intended to alter the status quo by this provision.

People v. Musser

53 Mich. App. 683 · Michigan Court of Appeals · Jun 24, 1974

On appeal defendant Musser makes a broad-based attack upon the long-established Michigan *686 insanity standard as promulgated in People v Durfee, 62 Mich 487 ; 29 NW 109 (1886). … Defendant’s reliance on Neumann is misplaced, since there the trial court clearly indicated that the burden of proof was upon the defendant.

In Re Slack Estate

202 Mich. App. 627 · Michigan Court of Appeals · Dec 6, 1993

Here, the personal representative was not required to file a bond in order to qualify, therefore the bond conditions in subsections 1(a) through 1(d) do not apply. … It would be surprising were it otherwise: it is a well-established principle in the law that, in the absence of a clearly expressed contrary intent, guaranty contracts have prospective operation only and do not cover events

Dalley v. Dykema Gossett PLLC

287 Mich. App. 296 · Michigan Court of Appeals · Feb 11, 2010

Well-established principles guide our review. … Our reading of this provision clearly and unambiguously conveys that the italicized qualifying language, “which contain any Lincoln Customer Records,” refers and applies to the previously referenced electronic media whether

Township of Grosse Ile v. Dunbar & Sullivan Dredging Co.

15 Mich. App. 556 · Michigan Court of Appeals · Jan 30, 1969

The record does not indicate that the finding was clearly erroneous. … A review of the record does not persuade us that the finding of the trial court was clearly erroneous.

Ypsilanti Township v. General Motors Corp.

201 Mich. App. 128 · Michigan Court of Appeals · Aug 3, 1993

That statute authorizes municipalities to establish plant rehabilitation and industrial development districts to encourage the creation and maintenance of jobs in the state. … A determination that there was a promise will be overturned if it is clearly erroneous.

Robert Monroe v. St Joseph Mercy Hospital Pontiac

Michigan Court of Appeals · Mar 21, 2025

As such, the defendants who provided those healthcare services to plaintiff are entitled to immunity unless an exception to immunity applies. … Some of the cases relied upon by defendant for his due process argument are clearly inapplicable to this matter.

Holland Home v. City of Grand Rapids

219 Mich. App. 384 · Michigan Court of Appeals · Dec 23, 1996

The panel opined: A petitioner bears the burden of establishing beyond a reasonable doubt that the class of exemption claimed was intended by the Legislature. … Exemptions are never presumed, the burden is on a claimant to establish clearly his right to exemption, and an alleged grant of exemption will be strictly construed and cannot be made out by inference or implication but must

Vanderlaan v. Tri-County Community Hospital

209 Mich. App. 328 · Michigan Court of Appeals · Mar 20, 1995

The policy does not establish an enforce *331 able right to four weeks salary or the six weeks that claimant actually received. … The additional salary was clearly a payment after the time of separation because the hospital did not desire Vanderlaan to continue working.

Wyckoff v. City of Detroit

233 Mich. App. 220 · Michigan Court of Appeals · Mar 12, 1999

Therefore, we must decide whether the lump-sum payment made to petitioner by Michigan Bell under the IRRP qualifies as compensation for work done or services rendered in Detroit. … As our Supreme Court explained, “In the interpretation of statutes levying taxes, it is the established rule not to extend their provisions, by implication, beyond the clear import of the language used, or to enlarge their

Esselman v. Garden City Hospital

284 Mich. App. 209 · Michigan Court of Appeals · Jun 4, 2009

The affidavit must be signed by a health care professional that could reasonably qualify as an expert witness. MCL 600.2912d(l). … Thus, it also does a serious disservice to the claimant to fail to comply with the statute and the well-established caselaw.

Hodge v. Parks

303 Mich. App. 552 · Michigan Court of Appeals · Jan 2, 2014

“Findings of fact are clearly erroneous when this Court is left with the definite and firm conviction that a mistake has been made.” Id. … The trial court did not clearly err when it found that the funds contributed by plaintiff to her children constituted a gift.

in Re mccarrick/lamoreaux Minors

Michigan Court of Appeals · Oct 23, 2014

Qualified Expert Witnesses, 44 Fed Reg 67584, 67593 (November 26, 1979). … 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.