Case law

Yvonne Beach v. Jade Sanders

Michigan Court of Appeals · Oct 21, 2014

from suit on governmental immunity grounds. … As the Court explained in McCahan, “[W]hen the Legislature specifically qualifies the ability to bring a claim against the state or its subdivisions on a plaintiff’s meeting certain requirements that the plaintiff fails to

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

Foehr v. Republic Automotive Parts, Inc

212 Mich. App. 663 · Michigan Court of Appeals · Aug 17, 1995

Wright’s testimony was clearly within the area of rebuttal evidence because it was offered to address the affirmative defense of whether plaintiff had mitigated his damages. … Thus, he established a prima facie case of age discrimination. Lytle v Malady, 209 Mich App 179, 185 ; 530 NW2d 135 (1995); Barnell, supra, p 120 .

In re Medina

317 Mich. App. 219 · Michigan Court of Appeals · Sep 13, 2016

Therefore, once a statutory ground for termination has been established by clear and convincing evidence, a preponderance of the evidence can establish that termination is in the best interests of the child. … But in this context, although she is his mother, petitioner does not qualify as JM’s “relative” *229 as that term is defined by MCL 712A.13a(1)(j).

Shapiro v. Steinberg

176 Mich. App. 683 · Michigan Court of Appeals · Jan 30, 1989

Unless a claim is so clearly unenforceable as a matter of law that no factual development could possibly justify recovery, the motion should be denied. … This includes contracts for the practice of law where the person is not qualified under the laws of the jurisdiction to do so. 7 CJS, Attorney and Client, § 31, p 870.

People v. Vasher

167 Mich. App. 452 · Michigan Court of Appeals · Jan 25, 1988

has been established. … Clearly, this does not support a reasonable inference that there had been penetration of either child by defendant.

Kersch Ray v. Eric Swager

Michigan Court of Appeals · Oct 15, 2015

immunity. … Instead, clearly the most proximate cause of Ray’s injuries is the fact that he was struck by a moving vehicle.

In Re L a Ledee Minor

Michigan Court of Appeals · Mar 23, 2026

A finding is clearly erroneous if we are “definitely and firmly convinced that the trial court made a mistake.” Id. B. … If the child qualifies as an Indian child under ICWA, certain additional notice requirements are applicable: In any involuntary proceeding in a State court, where the court knows or has reason to know

Wilson v. EX-CELL-O CORPORATION

12 Mich. App. 637 · Michigan Court of Appeals · Jan 2, 1969

Hudson Company (1965), 376 Mich 98 ], it is clear that plaintiff had established *641 a prima facie case by presenting evidence from wbicb the jury could (and did) find that plaintiff’s layoff was the result of the subcontracting … The jurors were examined with regard to bias and prejudice and found to be qualified. We do not think that membership in a union would disqualify a juror per se.

People of Michigan v. Edward James Charboneau

Michigan Court of Appeals · Nov 15, 2024

Francis Darr, a qualified expert in child abuse, neglect, and pediatrics. Dr. … We thus conclude that the trial court clearly erred in scoring OV 4 at 10 points.

Chester Tripp III v. Carrie Baker

Michigan Court of Appeals · Apr 13, 2023

For instance, the Texas Court of Civil Appeals, held that “[t]he presence of a dangerous dog can qualify as a dangerous condition.” … These authorities persuade us to conclude that that a dog qualifies as a “condition on the land” for purposes of premises liability.

Lenore Kagen v. Richard J Kagen

Michigan Court of Appeals · Jul 14, 2015

Again, the court committed legal error, as this web article was clearly inadmissible hearsay. … Blaylock’s credentials as a neurosurgeon would qualify him to render opinion testimony regarding the subjects of his website, including infectious diseases and immunology.

Ottawa County v. Family Independence Agency

265 Mich. App. 496 · Michigan Court of Appeals · May 17, 2005

KELLY, J.), in which our Supreme Court, making clear that a county is not necessarily entitled to reimbursement of every expenditure from the child care fund, stated: The state is correct in its statement that a county must qualify … To the contrary, the FLA clearly indicated that the expenditures relevant to this action were not allowed or approved and will not be approved.

Sedman v. Michigan Bell Telephone Co

125 Mich. App. 761 · Michigan Court of Appeals · May 17, 1983

In effect, defendant is immunizing itself from its own wrongdoing. … Such a result is *769 clearly unjust.

Daniel Edward Callahan v. State of Mi Legal Services Admin

Michigan Court of Appeals · Mar 9, 2023

This Court must determine “if the claim is so clearly unenforceable as a matter of law that no factual development could establish the claim and justify recovery.” Id. (quotation marks and citation omitted). … The DHHS is a principal department of the State of Michigan, see MCL 400.227, and is clearly a governmental agency entitled to immunity. 16 Investigating allegations of child abuse and 12 Plaintiff pursued such a

American Federation of State, County & Municipal Employees v. Wayne County

292 Mich. App. 68 · Michigan Court of Appeals · Mar 24, 2011

We agree with this well established rule. … with regard to whether a court clerk is qualified.

Council of Organizations & Others for Ed v. State of Michigan

326 Mich. App. 124 · Michigan Court of Appeals · Oct 16, 2018

The statute particularly identifies a few costs that qualify as "actual costs" subject to reimbursement, providing that "the actual *71 cost incurred by a nonpublic school for taking daily student attendance shall be considered … UNDERLYING PRINCIPLES " 'Statutes are presumed to be constitutional, and courts have a duty to construe a statute as constitutional unless its unconstitutionality is clearly apparent.' " In re Request for Advisory Opinion

Consolidation Coal Co. v. Department of Treasury

141 Mich. App. 43 · Michigan Court of Appeals · Feb 20, 1985

Foreign commerce is not constitutionally immune from state taxation, but, rather, must bear its fair share of the state tax burden. … Plaintiffs claim does not establish discrimination. Furthermore, we find Japan Line, Ltd, supra, clearly distinguishable.

People v. O'CONNOR

48 Mich. App. 524 · Michigan Court of Appeals · Jul 25, 1973

As for item 2, defendant’s association with those involved in the break-in is alone insufficient to establish his participation in a conspiracy. … The trial judge felt that: "There’s one thing that was brought out very clearly that supports what Mr. Buniack said about the defendant hearing the discussions regarding breaking into the building.

Wolfe v. Wayne-Westland Community Schools

267 Mich. App. 130 · Michigan Court of Appeals · Sep 2, 2005

If the statutory language is unambiguous, we must presume that the Legislature intended the meaning it clearly expressed, and further construction is neither required nor permitted. … As conceded by plaintiffs, that case was decided before the *137 effective date of MCL 380.1236, as established by 1976 PA 451 .