Case law

Nelson v. American Sterilizer Co.

223 Mich. App. 485 · Michigan Court of Appeals · Aug 6, 1997

The primary source of this obligation is MRE 702, which clearly contemplates some degree of regulation of the subjects and theories about which an expert may testify. … Without such evidence, plaintiff could not establish a prima facie case with regard to her steatohepatitis.

Quinones v. Department of Social Services

173 Mich. App. 284 · Michigan Court of Appeals · Aug 18, 1988

Afdc-u was created by the Congress in 1961 1 as a supplement to the Aid to Families with Dependent Children (afdc) program established under Title IV-A of the Social Security Act of 1935. 2 Afdc established a system of federal-state … the act create specific work programs for which individual eligibility is expressly conditioned upon afdc-u eligibility, 9 but that merely shows that where Congress has chosen to impose such a condition, it has done so clearly

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

Jason Brandom Jr v. Detroit Public School District

Michigan Court of Appeals · Oct 8, 2020

“Circumstantial evidence can be sufficient to establish a genuine issue of material fact, but mere conjecture or speculation is insufficient.” … -4-  There are clearly disputes of material fact in this case.

Stamos v. Genesee County Board of Canvassers

46 Mich. App. 636 · Michigan Court of Appeals · Apr 25, 1973

therefrom will result in the disfranchisement of a district or a class of voters, or the defeat of a candidate himself free from fraud, except in cases where the legislative intent that such departure shall have that effect is clearly … Bragdon v Navarre, 102 Mich 259 [1894]. " 'It would be a dangerous rule to establish that the board of election inspectors could thwart the will of the voters by a neglect to perform the duty imposed upon them by statute,

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

Lockridge v. Oakwood Hospital

285 Mich. App. 678 · Michigan Court of Appeals · Oct 8, 2009

There is no need for discussing proximate cause in a case where the negligence of the defendant is not established, but when his negligence has been established, the proximate result and amount of recovery depend upon the … has a connective tissue disorder, “it’s in your differential diagnosis of anybody who has acute onset of eight over ten chest pain and collapses and has all the symptoms, including this sense of impending doom that was clearly

Iip-Mi 4 LLC and Livwell Michigan LLC v. City of Warren

Michigan Court of Appeals · Jan 22, 2026

As our Supreme Court recently explained: The Legislature has clearly mandated that the requirement for appeal in the [Tax Tribunal] under MCL 205.735a(3) is jurisdictional. … When interpreting a statute, we follow the established rules of statutory construction, the foremost of which is to discern and give effect to the intent of the Legislature.

Burk v. Warren

105 Mich. App. 556 · Michigan Court of Appeals · Apr 21, 1981

An independent reading of this section compels the conclusion that Burk’s motorcycle was clearly excluded from property coverage. … In each instance, the term "vehicle” clearly means "motor vehicle”.

Adair v. State

301 Mich. App. 547 · Michigan Court of Appeals · Jul 9, 2013

compensation benefits under the act is further dependent on satisfying the definition of an employee under § 161(l)(n), which “sets forth three criteria for determining whether a person performing services for an employer qualifies … Clearly, the evidence presented factual issues regarding Derry’s status as an employee or independent contractor that should be resolved by a trier of fact.

Sorkowitz v. Lakritz, Wissbrun & Associates, PC

683 N.W.2d 210 · Michigan Court of Appeals · Jul 7, 2004

Comm'r of Internal Revenue, 397 F.2d 82 (C.A.9, 1968), the United States Court of Appeals for the Ninth Circuit held that gifts to a trust providing for a future interest would qualify as a present interest for purposes of … While the claims of the estate, trust and beneficiaries are clearly duplicative, the determination of the proper plaintiff or plaintiffs should be made after further discovery. We do not retain jurisdiction.

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.

People v. Cline

276 Mich. App. 634 · Michigan Court of Appeals · Nov 27, 2007

Linda also qualifies as a vulnerable adult under MCL 750.145m(u)(i). … In sum, sufficient evidence was adduced below to establish that Linda was a vulnerable adult under both MCL 750.145m(u)(i) and (Hi). W.

International Union, United Automobile, Aerospace & Agricultural Implement Workers of America, Uaw, Local 6000 v. State of Michigan

194 Mich. App. 489 · Michigan Court of Appeals · Jun 5, 1992

Section 908(2) clearly gives dmh the power to control the number and type of patients at the clinic in order to facilitate any training and research programs established at the clinic. … Defendants have not demonstrated that these findings of fact are clearly erroneous. MCR 2.613(C).

20221229_C358812_31_358812.Opn.Pdf

Michigan Court of Appeals · Dec 29, 2022

This case involves both absolute privilege and qualified privilege. … Tarver and Vega further contend that the shared-interest qualified privilege does not apply to the December 27 e-mail because defendants did not establish that the meeting agenda was sent in good faith.

Mary Carol Molloy v. Charter Township of Dewitt

Michigan Court of Appeals · Feb 14, 2025

However, we can discern from the record that Subrule (C)(10) was the appropriate ground because the court made no mention of immunity and because the court considered evidence outside of the pleadings. … An agency asserting this exemption must establish two prongs: “First, the information must be ‘of a personal nature.’

Ramsey v. City of Pontiac

164 Mich. App. 527 · Michigan Court of Appeals · Jun 9, 1987

The names of employees who have qualified in a given promotional examination will be placed on an eligible list. … Similarly, the unions could not demand that the promotion list be frozen because the bargaining agreement clearly provided for its expiration after a two-year period.

People v. Tombs

260 Mich. App. 201 · Michigan Court of Appeals · Mar 19, 2004

SUFFICIENCY OF THE EVIDENCE Defendant argues that there was insufficient evidence to establish that he distributed child sexually abusive material in violation of MCL 750.145c(3). … Clearly, the Legislature did not intend to prohibit these transfers of child sexually abusive material.

In Re Wright Estate

156 Mich. App. 1 · Michigan Court of Appeals · Nov 4, 1986

Since petitioner clearly had the power in his capacity as joint tenant to withdraw all or any part of the funds in the joint accounts, he likewise clearly had the power to terminate the joint tenancy. … As indicated, there was absolutely no evidence to establish that the funds were deposited for Mabel Wright's convenience.

Tope v. Waterford Hills Road Racing Corp.

81 Mich. App. 591 · Michigan Court of Appeals · Mar 6, 1978

A summary of the definition establishes that "public policy” evolves into constitutional provisions, statutes, and judicial decisions, " '[m]ore often * * * it abides only in the customs and conventions of the people, — in … Clearly, this would not be in the public interest.” (Emphasis added.) The Gore court granted defendant’s motion for summary judgment and dismissed plaintiffs case.