Case law

T P Nykoriak v. Benny Napoleon

Michigan Court of Appeals · Oct 22, 2020

When a statute’s language is unambiguous, the Legislature must have intended the meaning clearly expressed, and the statute must be enforced as written. … MCL 168.558 relates to the filing of petitions, fees, and affidavits for primary elections and provides: (1) When filing a nominating petition, qualifying petition, filing fee, or affidavit of candidacy

People v. Shier

226 Mich. App. 205 · Michigan Court of Appeals · Oct 31, 1997

See, e.g., MCL 600.8371; MSA 27A.8371, establishing filing fees in district courts for civil cases only. … Frank Ochberg could not be qualified as an expert because he was not listed as such on the presenter’s witness list. The presenter had listed “Dr. Frank Ochberg or other qualified psychologist or psychiatrist.”

Michelson v. Voison

254 Mich. App. 691 · Michigan Court of Appeals · Mar 26, 2003

The trial court held: (1) viatical settlements qualify as securities; (2) plaintiff's claim was properly before the circuit court; (3) the parties' agreement represented an improper unregistered security; (4) the agreement … The trial court, relying on the well-established principle that contracts founded on acts that are prohibited by statute, or contracts in violation of public policy, are void, held that the franchise agreements between the

People v. McLaughlin

258 Mich. App. 635 · Michigan Court of Appeals · Nov 26, 2003

The evidence established that the victim had been sexually active with defendant before her injury and before she terminated their relationship. … While the questions did not actually delve into the substance of Beasley’s or anyone else’s religious beliefs, they were clearly meant to elicit a discrepancy between defendant’s purported spirituality and his conduct of

Roland Tindle Do v. Legend Health Pllc

Michigan Court of Appeals · Apr 20, 2023

This general rule is qualified, however, by the requirement that the initial breach is substantial.” Skaates v Kayser, 333 Mich App 61, 80; 959 NW2d 33 (2020) (quotation marks and citations omitted). … “A motion under MCR 2.116(C)(8) may only be granted when a claim is so clearly unenforceable that no factual development could possibly justify recovery.” Id. at 160.

People v. Kammeraad

307 Mich. App. 98 · Michigan Court of Appeals · Oct 7, 2014

The circuit court made an attempt to have defendant clearly and unequivocally waive his right to counsel, but defendant was entirely uncooperative. … The Cronic Court then acknowledged that, in general, it is necessary to establish that prejudice was incurred by a defendant in addition to a deficient performance by counsel in order to establish a claim on the basis of

Wayne County Employees Retirement System v. Wayne County

301 Mich. App. 1 · Michigan Court of Appeals · May 9, 2013

Furthermore, the 2010 ordinance required a debiting and crediting of assets to and from the IEF and defined benefit plan, which would qualify as an administrative task performed by the Retirement Commission. … The County argues that, despite the fact that IEF monies were used for investment purposes, 100 percent of the investment losses were allocated to the defined benefit plans by the Retirement Commission, with the IEF being immune

In Re HRC

286 Mich. App. 444 · Michigan Court of Appeals · Dec 15, 2009

We review the trial court’s findings of fact under the “clearly erroneous” standard. In re Archer, 277 Mich App 71, 73 ; 744 NW2d 1 (2007). … The evidence established that Ronnie sexually abused at least two of his daughters.

Wlosinski v. Cohn

269 Mich. App. 303 · Michigan Court of Appeals · Mar 15, 2006

Nevertheless, plaintiff again moved to amend her complaint, and the proposed amendments alleged that the negligent use of drugs that suppressed the decedent's immune system led to an infection that caused the kidney to fail … Cohn's success/failure rate was not character evidence for the purposes of plaintiff's negligent supervision claim against Beaumont Hospital because it was used to establish the hospital's knowledge of Dr. Cohn's skill.

Lynne S Simon v. Sanford a Simon

Michigan Court of Appeals · Nov 21, 2025

As company president and general manager, [defendant] clearly has both the right and responsibility to hire qualified employees. … Additionally, the evidence established that defendant’s son contributed substantial and relevant services over the years.

Allard v. Allard

308 Mich. App. 536 · Michigan Court of Appeals · Dec 18, 2014

In particular, the trial court noted that the length of a marriage and the growth of assets are not unforeseeable and therefore cannot qualify as a change of circumstances. … Further, the “[f]ear of financial ruin alone is insufficient to establish economic duress; it must also be established that the person applying the coercion acted unlawfully.

Estate of Chance Aaron Nash v. City of Grand Haven

Michigan Court of Appeals · Oct 10, 2017

It is also well established that this Court is free to adopt the analysis of a lower federal court “if it is persuasive and instructive.” Holman v Rasak, 281 Mich App 507, 509; 761 NW2d 391 (2008). … “A finding is clearly erroneous when, although there is evidence to support it, the reviewing court on the entire record is left with a definite and firm conviction that a mistake was made.”

Kathryn Wahl v. John Molnar Funeral Home Inc

Michigan Court of Appeals · Feb 17, 2022

And while the statute grants immunity for a funeral establishment’s good-faith reliance on instructions regarding the decisions about the decedent’s body, it does not provide immunity for misrepresentations made by the funeral … establishment.

Glowacki v. Motor Wheel Corp.

67 Mich. App. 448 · Michigan Court of Appeals · Feb 26, 1976

conspiracy between the employer and the union by and through which the union acted arbitrarily, capriciously and without just and reasonable cause and with malice by refusing to process plaintiff’s grievance through the established … In fact, the court in footnote 15 of its opinion, qualified its decision by stating it would not necessarily apply to all suits brought against the union for violation of the duty of fair representation. 12 In summary, we

Michigan Coalition of State Employees Unions v. Civil Service Commission

236 Mich. App. 96 · Michigan Court of Appeals · Oct 1, 1999

Amended Rule 4-6 also added a new sub-rule, which established a procedure for “decentralized approval without prior civil service review.” … Defendant argues that plaintiff coalition does not qualify because it is not a “citizen.” We disagree with defendant’s conclusion.

People of Michigan v. James Byars

Michigan Court of Appeals · Dec 16, 2025

The trial court noted that the former was clearly exculpatory, but found that the latter was “clearly” excluded by Stanaway. … Defendant further argues that he was entitled to indictment by a grand jury based upon the Privileges and Immunities Clause of the Fourteenth Amendment.

Charletta Reed v. City of Detroit

Michigan Court of Appeals · Nov 9, 2023

In her response, plaintiff argued that (1) caselaw from this Court clearly establishes that governmental immunity is not a defense to ELCRA claims seeking monetary damages; (2) plaintiff has an ELCRA claim for quid-pro-quo … But I am going to deny defendant’s motion based on its claim that governmental immunity bars the action.

Bennison v. Sharp

121 Mich. App. 705 · Michigan Court of Appeals · Dec 6, 1982

The law knows no heresy, and is committed to the support of no dogma, the establishment of no sect * * *. … Defendants’ claim that an issue of fact existed as to whether plaintiffs Jones and Henry were qualified as the wardens of St. Paul’s Episcopal Church is without merit.

Office Planning Group, Inc v. Baraga-Houghton-Keweenaw Child Development Board

259 Mich. App. 279 · Michigan Court of Appeals · Jan 22, 2004

The court held the purchase of office furniture required the use of funds for which defendant was responsible and the bids defendant accepted qualified as “books and records of the agency.” … Generally, we defer to an agency interpretation unless that interpretation is clearly wrong. Faircloth v Family Independence Agency, 232 Mich App 391, 406 ; 591 NW2d 314 (1998).

In Re rolston/luna Minors

Michigan Court of Appeals · May 12, 2025

Accordingly, the trial court did not clearly err. III. … Accordingly, the trial court did not clearly err when it concluded that active efforts were made.