Case law

Gary Olszewski v. Kathy J Erdman Trust

Michigan Court of Appeals · May 8, 2025

STANDARD OF REVIEW The “power to establish the venue for causes of action” rests with the Legislature, and venue is thus “controlled by statute in Michigan.” … The court’s reasoning seemed to imply concerns about the convenience of the forum, although it did not clearly ground its decision on those concerns.

Hyde v. University of Michigan Board of Regents

226 Mich. App. 511 · Michigan Court of Appeals · Mar 10, 1998

After a hearing, a grievance panel unanimously found no evidence of discrimination, but called for both parties to “communicate clearly.” In 1989 and 1990, Ms. … It is well established that victims of discrimination may recover for psychic injuries such as humiliation, embarrassment, outrage, disappointment, and other forms of mental anguish that flow from discrimination.

in Re Joseph Vansach Jr

Michigan Court of Appeals · May 22, 2018

-3- ample means could qualify for assistance when their assets were held solely in the community spouse’s name.” Id. … The community spouse’s income is thus preserved for that spouse and does not affect the determination whether the institutionalized spouse qualifies for Medicaid.

in Re Joseph Vansach Jr

Michigan Court of Appeals · May 22, 2018

-3- ample means could qualify for assistance when their assets were held solely in the community spouse’s name.” Id. … The community spouse’s income is thus preserved for that spouse and does not affect the determination whether the institutionalized spouse qualifies for Medicaid.

Doe v. Director of the Department of Social Services

187 Mich. App. 493 · Michigan Court of Appeals · Feb 19, 1991

In addition, the convention comment to Const 1963, art 1, § 2 clearly stated, "This is a new section.” … Clearly, she was qualified for Medicaid funding because of her inability to pay such costs, and § 109a acted as a second, direct, state-imposed barrier to her exercise of a fundamental right.

People of Michigan v. Joshua Robert Demott

Michigan Court of Appeals · Oct 17, 2017

after the grant of immunity. … (citation and quotation marks omitted omitted). 2 Moreover, DeMott has not established that the alleged vouching deprived him of a fair trial.

Barbour v. Handlos Real Estate & Building Corp.

152 Mich. App. 174 · Michigan Court of Appeals · Jun 2, 1986

This statute clearly meant that a residential *184 builder not duly licensed, whether as a plaintiff or counterclaimant, could not sue for a money judgment. … It appears that the mortgage payments were not paid directly for building operations and that the construction fund, if any, was established by a loan from Thomas’s parents.

People v. White

102 Mich. App. 156 · Michigan Court of Appeals · Dec 2, 1980

"If established data such as this is to be used at all, we believe that the statistics themselves are of no signiñcance. … In cases of large groupings the benefit of including defendant in a class consisting of 20% of all males is clearly outweighed by the potential for adverse influence on the jury.

People of Michigan v. Barbara Agro

Michigan Court of Appeals · Oct 20, 2015

Defendant and her husband were qualifying registered patients under the MMMA, and defendant was also a registered caregiver under the Act. … SECTION 8 IMMUNITY Under § 8(a) of the MMMA, a defendant may assert that marijuana was used for a medical purpose as a defense in any prosecution involving marijuana.

In re Wangler

305 Mich. App. 438 · Michigan Court of Appeals · May 27, 2014

And because termination occurred at initial disposition, respondent’s appeal does not qualify as a collateral attack. … MCR 3.971(C)(2) clearly forbids a court from entering a plea without determining its accuracy. The court’s action even violated the mediation agreement.

People of Michigan v. Joshua Robert Demott

Michigan Court of Appeals · Oct 17, 2017

after the grant of immunity. … (citation and quotation marks omitted omitted). 2 Moreover, DeMott has not established that the alleged vouching deprived him of a fair trial.

City of Huntington Woods v. City of Oak Park

311 Mich. App. 96 · Michigan Court of Appeals · Jun 11, 2015

Indeed, the 1983 Resolution, CM-04-290-83, clearly indicates that there was no agreement between the communities. … Neither the building fund assessment nor the retiree healthcare fund assessment qualify as a “cost” within the definition of MCL 600.4801(a).

Michigan Bell Telephone Co. v. Department of Treasury

229 Mich. App. 200 · Michigan Court of Appeals · Jul 29, 1998

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 … A construction permitting apportionment clearly would be contrary to the plain language of the statute.

People v. Wilkins

134 Mich. App. 39 · Michigan Court of Appeals · Apr 17, 1984

The general rule is that statements as to fault do not ordinarily qualify as necessary for treatment. Iron Shell, supra, p 84 ; Bradbury v Ford Motor Co, 123 Mich App 179, 187 ; 333 NW2d 214 (1983). … I concur for the reason that the record clearly indicates that the victim testified, identified the defendant, and described in some detail the acts performed by the defendant. Therefore, the testimony of Dr.

TORIANO HUDSON v. DEPARTMENT OF CORRECTIONS Conflict

Michigan Court of Appeals · Jul 29, 2025

Therefore, Mich Ed Employees does not clearly stand for the proposition that Flamont suggests. … It is clear that Christie overruled precedent established in Tyrrell, and although our Supreme Court in Christie, 511 Mich at 57, expressed that it was giving effect to the intent of the Legislature as inferred

Palazzola v. Karmazin Products Corp.

223 Mich. App. 141 · Michigan Court of Appeals · Jul 16, 1997

After plaintiff appealed to this Court, our Supreme Court issued Travis v Dreis & Krump Mfg Co, 453 Mich 149 ; 551 NW2d 132 (1996), construing the act’s intentional tort exception and outlining the proofs necessary to qualify … tasks and, although he assigned work to his crew, he had no authority to hire, fire, or discipline employees. 6 The trial court observed that Kucmienski’s willingness to enter the tank and attempt to retrieve Palazzola clearly

Granger Land Development Co. v. Department of Treasury

286 Mich. App. 601 · Michigan Court of Appeals · Dec 29, 2009

Accordingly, the Court of Claims concluded that the materials used or consumed in the creation of the cells qualified for the industrial process exemption. … Because Granger uses the heavy equipment at issue to physically transport and process the waste and to erect the cells, the heavy machinery is clearly being used as part of the industrial processing of the waste and not to

People v. Lee

177 Mich. App. 382 · Michigan Court of Appeals · Jun 6, 1989

However, because the event itself was not startling to the child it cannot qualify the statement as an excited utterance. Even so, I would affirm. … I believe that this conclusion clearly demonstrates the need for the establishment of a "tender years” exception to the hearsay rule. CUMULATIVE TESTIMONY: HARMLESS ERROR.

Whitman v. City of Burton

293 Mich. App. 220 · Michigan Court of Appeals · Jul 5, 2011

Defendants argue that the trial court should have granted their motion for JNOV because plaintiff did not establish a prima facie case under the WPA. … plaintiff could not recover damages under the WPA for the mayor’s decision not to reappoint him because, in threatening to *229 inform the city council or prosecute the mayor for a violation of Ordinance 68-C, plaintiff clearly

West St Joseph Property LLC v. Delta Township

Michigan Court of Appeals · Aug 26, 2021

“If the language of [a] statute is unambiguous, the Legislature must have intended the meaning clearly expressed, and the statute must be enforced as written.” … Petitioner argues that the property qualified for the exemption because the lease constituted a “transfer of ownership” under the GPTA, because the State was the “equitable” owner of the property under the lease, and because