Case law

Kimberley Gilewski v. City of Detroit

Michigan Court of Appeals · Jul 2, 2020

Summary disposition under MCR 2.116(C)(7) is appropriate where the moving party has immunity, Maiden v Rozwood, 461 Mich 109, 119; 597 NW2d 817 (1999), such as the immunity provided by the GTLA. … The City argues that plaintiffs failed to establish that it had actual or constructive notice of the sunken cold patch.

Parminder K Khabra v. Avtar S Madahar

Michigan Court of Appeals · Aug 21, 2025

While defendants contend that Avtar did not engage in conduct that qualifies as “willfully unfair and oppressive” under the statute, the record clearly demonstrates otherwise. … The judgment in question clearly fell within the scope of MCL 450.4515(1).

Raymond Weitzman v. Wyndham Pointe Subdivision Hoa

Michigan Court of Appeals · Aug 22, 2024

The trial court did not grant summary disposition on the basis of governmental immunity, and it considered evidence when it granted summary disposition. … See Associated Builders & Contractors v Lansing, 499 Mich 177, 191-192; 880 NW2d 765 (2016) (explaining that “[t]he Court of Appeals is bound to follow decisions by this Court except where those decisions have clearly been

Michigan Coalition for Responsible Gun Owners v. City of Ferndale

256 Mich. App. 401 · Michigan Court of Appeals · Jun 13, 2003

or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity … pistol is prohibited, MCL 28.425o(l), that list is not all-inclusive; rather “the inclusion of the language ‘and except as otherwise provided by law’ is indicative of the [legislative] intent to allow other exceptions to be established

in Re guardianship/conservatorship of Harold William Gerstler

324 Mich. App. 494 · Michigan Court of Appeals · Jun 5, 2018

A factual finding is clearly erroneous when this Court is left with a definite and firm conviction that a mistake has been made. … If persons have equal priority, the court shall select the person the court considers best qualified to serve.

People v. Baskin

145 Mich. App. 526 · Michigan Court of Appeals · Sep 4, 1985

We find this decision clearly erroneous and unsupported by the record. … The defendant is presumed prejudiced until the prosecutor can establish the contrary.

Universal Underwriters Insurance v. Kneeland

235 Mich. App. 646 · Michigan Court of Appeals · Aug 30, 1999

Since we are reviewing an order for summary judgment ... we assume that factual developments would establish the existence of a contract or contracts. … MCL 500.3135; MSA 24.13135 clearly and unequivocally states that “tort liability” is partially abrogated.

Tuscola Cty. Bd. of Comm'rs v. Tuscola Cty. Apportionment Comm.

686 N.W.2d 495 · Michigan Court of Appeals · Sep 1, 2004

According to plaintiff, then, the qualifying phrase "upon the effective date of this act" is only applicable to the phrase "[i]n counties under 75,000." … If the language of the statute is unambiguous, the Legislature must have intended the meaning clearly expressed, and the statute must be enforced as written; no further judicial construction is permitted.

James Hornsby v. Department of Corrections

Michigan Court of Appeals · Apr 15, 2025

“Moreover, to qualify for habeas corpus relief, the jurisdictional defect must be radical, rendering the conviction absolutely void.” Id. … “A radical defect in jurisdiction contemplates an act or omission by state authorities that clearly contravenes an express legal requirement in existence at the time of the act or omission.” Id. (cleaned up).

Faxon v. Michigan Republican State Central Committee

244 Mich. App. 468 · Michigan Court of Appeals · Apr 5, 2001

Rather, the majority opinion gave weight to the view that the value of free speech is so great and the risk of defamatory speech so small that the balance between those two interests clearly tips in favor of free speech. … Faxon invoked a constitutional right to legislative immunity when he was served with process while the Legislature was in session.

People v. McDade

301 Mich. App. 343 · Michigan Court of Appeals · Jun 18, 2013

This was sufficient to establish a foundation under MRE 901 for purposes of all three letters. People v Roby, 145 Mich App 138, 141 ; 377 NW2d 366 (1985). … A trial court’s determination in a suppression hearing regarding the admission of identification evidence will generally not be reversed unless clearly erroneous.

Doris Collins v. City of Flint

Michigan Court of Appeals · Aug 22, 2019

could establish the claim and justify recovery.” … GOVERNMENTAL IMMUNITY We first address defendant’s argument that plaintiffs’ unjust enrichment claim fails because they have not pleaded in avoidance of governmental immunity.

People v. Carp

298 Mich. App. 472 · Michigan Court of Appeals · Nov 15, 2012

In addition, the Graham Court clearly stated: A State is not required to guarantee eventual freedom to a juvenile offender convicted of a nonhomicide crime. … That discrepancy involves the very definition of who qualifies as a juvenile.

Berar Enterprises, Inc v. Harmon

101 Mich. App. 216 · Michigan Court of Appeals · Nov 4, 1980

The two actions clearly involved different issues. … Barense to the Court just now would clearly indicate that there would be no basis for continuing the litigation as to Mr.

Martin v. East Lansing School District

193 Mich. App. 166 · Michigan Court of Appeals · Mar 2, 1992

Whether the salary step increases were "guaranteed” becomes immaterial because no claim is made that the step increments were not paid when due and the court’s opinion clearly states that whenever step increments were paid … Plaintiffs assert that defendant district has been unjustly enriched by receiving the services of the more qualified and experienced teachers without paying compensation for such services by reason of the red-circling freeze

Peterson Novelties, Inc v. City of Berkley

259 Mich. App. 1 · Michigan Court of Appeals · Dec 11, 2003

The 1996 emergency motion clearly resulted in a final decision on the merits. … resolution, it is unnecessary to address the statute of limitations, governmental immunity, and collateral estoppel issues.

Higgins v. Pfeiffer

215 Mich. App. 423 · Michigan Court of Appeals · Apr 29, 1996

The duty of care owed to plaintiff "must be evaluated by considering the risks plaintiff assumed ... and how those assumed risks qualified defendants' duty to him" Turcotte v. … Without citing Carey and without clearly ruling out liability for negligence, the Overall Court seems to have reintroduced assumption of the risk under questionable rationale.

People of Michigan v. Donald Wayne Barnes III

Michigan Court of Appeals · May 8, 2018

“Section 4 provides a broad grant of immunity from criminal prosecution and civil penalties to registered qualifying patients and connected primary caregivers.” People v Hartwick, 498 Mich 192, 215; 870 NW2d 37 (2015). … Thus, for the person assisting a qualifying patient to claim immunity under § 4, that person must be connected to the qualifying patient through the state registration process.3 Barnes does not assert or provide proof that

In re Carroll

300 Mich. App. 152 · Michigan Court of Appeals · Apr 2, 2013

543 NW2d 4 (1995), we concluded that, when a court determines that an injured person is so disabled that he or she requires a conservator to handle his or her estate, the services provided by the conservator necessarily qualify … But Carroll also clearly had, and presumably continues to have, additional estate-management needs as a result of his head injury — needs that go far beyond those that he required before he was injured.

Elezovic v. Ford Motor Co.

259 Mich. App. 187 · Michigan Court of Appeals · Jan 8, 2004

To establish a claim of gender discrimination, plaintiff must show, by a preponderance of the evidence, that (1) she is female, (2) she was subjected to an adverse employment action, (3) she was qualified for the position … Plaintiff failed to establish that the evidence was offered for a proper purpose.