Case law

McMillan v. Crime Victims Compensation Board

155 Mich. App. 358 · Michigan Court of Appeals · Oct 8, 1986

One tangible form that this awareness took was compensation to the victims of crime for out-of-pocket losses as defined in the statute. 5 In Michigan, the statute places greater limitations upon qualifying for benefits than … The owner of said establishment pled guilty to sale or traffic in alcohol *362 without a license contrary to Section 436.32, C.L. 1970; MSA 18.1003. The injury occurred within the establishment.

Kempf v. Michigan Bell Telephone Co.

137 Mich. App. 574 · Michigan Court of Appeals · Sep 17, 1984

The term "unemployed” is a term of art and as the statute clearly shows it is not meant to refer exclusively to a person who has suffered a job loss since, for example, it deems one "unemployed” during any week of less than … Legislature’s intent to allow a person in claimant’s position to come within the purview of § 28a(6), it must be assumed that § 48’s provision, which deems a person on a leave of absence not to be unemployed, was not intended to qualify

People v. Norris

74 Mich. App. 361 · Michigan Court of Appeals · Mar 29, 1977

The prosecutor's comments were clearly directed at exposing the defendants' silence while in custody, in order to cast doubt on their alibis. … Particularly damaging was the testimony of the witness who had been granted immunity.

Mary Ilene McRoberts v. Kyle Andrew Ferguson

Michigan Court of Appeals · Nov 28, 2017

Specifically, defendant and his wife have addressed medical issues for the child, such as untreated cavities and immunizations. … The evidence did not clearly preponderate against the trial court’s finding that factor (d) weighed in defendant’s favor.

People v. Joyner

93 Mich. App. 554 · Michigan Court of Appeals · Nov 7, 1979

In light of this rapid follow-up and the fact that there was no break in the chain of immediate pursuit, we hold that the entry qualifies under the "hot pursuit” exception to normal warrant requirements. … As the trial court’s ruling on the suppression of the knife was not clearly erroneous, People v Ulrich, 83 Mich App 19, 21 ; 268 NW2d 269 (1978), we will not reverse on this basis.

People v. Woodard

111 Mich. App. 528 · Michigan Court of Appeals · Nov 30, 1981

Since no exigent circumstances existed in the present case, the warrantless arrest of defendants Jeffery and Craig Woodard was clearly unconstitutional under Pay-ton. … Defendant next contends that the trial court erred in admitting a weapon into evidence inasmuch as there was insufficient testimony to establish that the weapon was involved in the robbery.

Estate of Ali Sufi v. City of Detroit

Michigan Court of Appeals · Feb 17, 2015

distinguishing a governmental immunity defense from the holding of Grove, supra). … “Statutes are presumed to apply prospectively unless the Legislature clearly manifests the intent for retroactive application.” Johnson v Pastoriza, 491 Mich 417, 429; 818 NW2d 279 (2012) (citation omitted).

In Re Starr Eubank

Michigan Court of Appeals · Jan 27, 2022

psychiatrists at the hospital, testified that respondent took an antipsychotic medication for the first few days of her treatment, but respondent stopped taking the medication because she believed it would suppress her immune … A respondent need only qualify as a person requiring treatment under one subdivision of MCL 330.1401(1) to support a probate court’s order for mental health treatment.

Wronski v. Sun Oil Company

89 Mich. App. 11 · Michigan Court of Appeals · Mar 19, 1979

But from the very nature of this theory the right of each land holder is qualified, and is limited to legitimate operations.” Elliff v Texon Drilling Co, 146 Tex 575, 582; 210 SW2d 558 (1948). (Emphasis supplied.) … This figure was clearly erroneous because it does not reflect the value of the converted property at the time of conversion.

In Re I B Gillmore Minor

Michigan Court of Appeals · Feb 9, 2026

Respondent has not established that the no-contact order was a legally sufficient excuse for failing to comply with the limited-guardianship plan, and the trial court did not clearly err when it determined that respondent … had failed to establish good cause.

Jilek v. Stockson

289 Mich. App. 291 · Michigan Court of Appeals · Jul 29, 2010

Sama was therefore properly qualified. At the conclusion of the argument, the trial court stated, “The Court agrees with the plaintiff. … Id. at 767 . 12 This principle clearly applies in this case and should be the standard by which admission of internal policies, guidelines, and procedures are governed in medical malpractice cases.

People of Michigan v. Timothy Matthew Parker

Michigan Court of Appeals · May 25, 2017

When reviewing the constitutionality of a statute, we apply “the well- established rule that a statute is presumed to be constitutional unless its unconstitutionality is clearly apparent.” Id. at 24. B. … -2- establish, abrogate, or modify the substantive law.” Id.

20230202_C359740_50_359740.Opn.Pdf

Michigan Court of Appeals · Feb 2, 2023

As a result, “the Legislature intended to grant immunity to qualifying defendants.” Id. The definitions in the EALA fit defendants Stonehaven and Rohrs like a well-worn saddle. … We must begin our analysis by establishing the standard that the plaintiff must satisfy.

Bryant v. Automatic Data Processing, Inc

151 Mich. App. 424 · Michigan Court of Appeals · May 5, 1986

Plaintiff claims that while she was employed by the defendant she performed competently and was the best-qualified applicant for many of the positions for which she interviewed. … It has been recognized that there are at least two approaches for establishing a prima facie case of race discrimination: the disparate treatment theory or the intentional discrimination theory.

Jamens v. Shelby Township

41 Mich. App. 461 · Michigan Court of Appeals · Jun 26, 1972

A reading of the entire record clearly shows plaintiffs produced no evidence to this effect.” … Findings of fact shall not be set aside unless clearly erroneous.

Nael Haydaw v. Farm Bureau Insurance Company

Michigan Court of Appeals · Jul 9, 2020

The Third Circuit provided the following rationale for its holding: Trial testimony in a case where fraud and false swearing is in issue serves to establish the truth or falsity of the preliminary proofs and … If the denial is unjustified it is clearly a substantial breach that would relieve plaintiff of his contractual duties under the policy.

Bev Smith, Inc. v. Atwell

301 Mich. App. 670 · Michigan Court of Appeals · Jul 18, 2013

Clearly that is not the case. … As discussed above, the actual language of MCL 500.3113(c) does not establish the requirement that the out-of-state vehicle occupied by the claimant must be the one for which the insurer has filed a certification.

Hills & Dales General Hospital v. Pantig

295 Mich. App. 14 · Michigan Court of Appeals · Dec 6, 2011

Hills and Dales contends that Huron Medical’s participation in two Tuscola County-based medical enterprises, the Thumb Area Dialysis Center and the Thumb MRI Center L.L.C., qualifies as “conducting business” in Tuscola County … Although Huron Medical holds stock in two health facilities situated in Tuscola County, we hold that it conducts no business in Tuscola County and that the circuit court clearly erred by concluding otherwise.

Matthews v. Department of Natural Resources

288 Mich. App. 23 · Michigan Court of Appeals · Apr 6, 2010

the violation “by [its] decision that a *33 prescriptive easement has been established.” … Effectively, this would mean the Plaintiffs had achieved nothing in establishing the existence of the easement.

People v. Walker

162 Mich. App. 60 · Michigan Court of Appeals · Aug 3, 1987

Since juror Mayotte stated that he believed he could render an impartial verdict, we are not confronted with a situation in which a prospective juror clearly reveals a bias or prejudice on voir dire. … The testimony of several witnesses establishes that complainant woke the child up and ran to her mother's after defendant had left the apartment. Complainant was hysterical and crying at the time.