Case law

Teri Walters v. Donald S Falik

Michigan Court of Appeals · Aug 16, 2016

We observe that plaintiffs, in order to succeed, are not required to definitively establish a causal link between the exposure and WG.7 Moreover, the inquiry regarding whether proposed scientific 7 “To establish a prima … Gershwin is highly qualified to give an opinion in this area of medicine; his CV is extremely impressive.

In re Blackshear

262 Mich. App. 101 · Michigan Court of Appeals · May 18, 2004

We conclude that Chapter 5 of the Mental Health Code comports with the legislative intent to leave it to the parents of a mentally retarded juvenile and to the qualified mental health professionals to follow the specific … Thus, the trial court in this case was not allowed to disregard the clear directives of the act and judicially admit the juvenile to mental health care. *111 The trial court’s written opinion clearly establishes the court

Houdek v. Centerville Township

276 Mich. App. 568 · Michigan Court of Appeals · Nov 27, 2007

All statutes and ordinances are presumed to be constitutional and are construed so unless their unconstitutionality is clearly apparent. … “(2) Are all persons of the same class included and affected alike or are immunities or privileges extended to an arbitrary or unreasonable class while denied to others of like kind?”

Mooi Roofing Co. v. De Young

9 Mich. App. 295 · Michigan Court of Appeals · Dec 8, 1967

“Although Garmon significantly enlarged the primary jurisdiction of the NLRB, it clearly established two exceptions to the basic rule of pre-emption. … United Plant Guard Workers, supra, at p 61. 15 “The most repulsive speech enjoys immunity provided it falls short of a deliberate or reckless untruth.

Troy Campus v. City of Troy

132 Mich. App. 441 · Michigan Court of Appeals · Mar 5, 1984

facility may supply, but one great enough to assure funding for its establishment and support. … An otherwise unconstitutional ordinance * * * does not lose this character and immunize itself from attack simply by the transfer of property from one owner to another.”

People of Michigan v. Tyrone Rogers

Michigan Court of Appeals · Dec 17, 2020

TC testified that she reached out to defendant in 2014 to establish a relationship, and Christine permitted her to visit defendant on occasion. … There clearly is a connection between TC’s recanting statements (defendant did not rape her) and her inculpatory trial testimony (defendant did rape her).

People of Michigan v. Tyrone Rogers

Michigan Court of Appeals · Dec 10, 2020

TC testified that she reached out to defendant in 2014 to establish a relationship, and Christine permitted her to visit defendant on occasion. … There clearly is a connection between TC’s recanting statements (defendant did not rape her) and her inculpatory trial testimony (defendant did rape her).

Allen Park Retirees Association Inc v. City of Allen Park

Michigan Court of Appeals · May 18, 2023

“Summary disposition under MCR 2.116(C)(9) is proper when the defendant’s pleadings are so clearly untenable that as a matter of law no factual development could possibly deny the plaintiff’s right to recovery.” Id. … The CBAs in Kendzierski were silent as to how long medical benefits would be provided to retirees, only stating how long an employee was required to work for the defendant before qualifying for benefits.

Slayton v. Michigan Host, Inc

144 Mich. App. 535 · Michigan Court of Appeals · Aug 5, 1985

Were it otherwise, an employer in an industry replete with discriminatory practices could be found immune from liability because such was the customary practice. … Further, the letter that was read to the jury was clearly inadmissible hearsay. This letter consisted of out-of-court statements and was offered into evidence to prove the truth of the matters asserted therein.

Beebee v. Haslett Public Schools

66 Mich. App. 718 · Michigan Court of Appeals · Jan 26, 1976

The testimony presented by the appellee and the appellant clearly indicated that there was little or no agreement as to definition of terms. … Louise Beebee, found it impossible to follow, and perhaps even to understand, the philosophy and position of the local Board of Education, and as the appellee had the legal and moral responsibility to establish such a position

Estate of James Dudley v. St Clair Co Office of Drain Commissioner

Michigan Court of Appeals · Mar 5, 2015

Even accepting plaintiff’s allegations as true, any factual disputes did not rise to the level of precluding summary disposition because they did not establish the existence of an applicable exception to governmental immunity … Plaintiff’s argument is undercut by two statutory sources pertaining to the establishment and maintenance of drains.

People of Michigan v. Tyrone Rogers

Michigan Court of Appeals · Dec 10, 2020

TC testified that she reached out to defendant in 2014 to establish a relationship, and Christine permitted her to visit defendant on occasion. … There clearly is a connection between TC’s recanting statements (defendant did not rape her) and her inculpatory trial testimony (defendant did rape her).

Department of Consumer & Industry Services v. Shah

236 Mich. App. 381 · Michigan Court of Appeals · Jun 25, 1999

It would be illogical for the Legislature to establish that a certified court record that does not even mention a licensee could “conclusively” establish the licensee’s liability under the Public Health Code. … “A court’s treatment of a corporate entity clearly rests on notions of equity, whether it is an action at law or at equity.” Id. at 703 .

In re Lampart

306 Mich. App. 226 · Michigan Court of Appeals · Jul 31, 2014

The trial court clearly was aware of this, and nonetheless decided to consider her SSDI benefits as income for purposes of fashioning a restitution order subject to contempt. … Consequently, the appellate court held that the trial court’s “threat to hold [the mother] in contempt cer *244 tainly qualifies as a legal process under section 407(a).” Id. at 575 .

Barbara Baker v. Charter Township of Van Buren

Michigan Court of Appeals · Mar 20, 2018

Ross provides qualified immunity from intentional tort liability for government employees. Id. at 473. … The Court clearly stated, “The Constitution does not compel so rigid a schedule, however.” Id.

Heydon v. Mediaone of Southeast Michigan, Inc

275 Mich. App. 267 · Michigan Court of Appeals · Aug 29, 2007

Under prescription an exclusive right of possession can not be established but only a qualified right for a particular purpose.” … “Defendant’s use of the easement is clearly consistent with those uses expressly set forth in the easement itself.

Susan Jaber v. Jacob E Randall

Michigan Court of Appeals · Jun 27, 2024

Plaintiff claimed that she established a standard of care and breach by Dean’s decision to pursue and subdue Randall as he left The Ravens Club. … “The motion may be granted only when a claim is so clearly unenforceable no factual development could justify recovery.” Id. (citation omitted). III.

Barkau v. Ruggirello

113 Mich. App. 642 · Michigan Court of Appeals · Mar 2, 1982

Intervenor and amici curiae also rely upon the following provision of MCL 125.1104(1); MSA 19.855(4X1): "The commission may: "(b) Act for the purpose of establishing a uniform policy relating to all phases of mobile home … Courts construe statutes so that they will be *649 constitutional unless the language used clearly requires the opposite result. People v McQuillan, 392 Mich 511, 536 ; 221 NW2d 569 (1974).

Attorney General v. Oakland Disposal, Inc.

226 Mich. App. 321 · Michigan Court of Appeals · Feb 10, 1998

The rule clearly allows for sound trial court discretion. … Under these circumstances, the trial court's determination that third-party plaintiffs failed to establish their inability to post a bond was not clearly erroneous.

People v. Sommerville

100 Mich. App. 470 · Michigan Court of Appeals · Oct 6, 1980

I would like to have the witness qualified to answer *485 that question. I don’t believe he has present qualifications for that answer. "Mr. … This testimony suffices to establish first-degree criminal sexual conduct— cunnilingus.