Case law

Ava Cetera v. Lauren Mileto

Michigan Court of Appeals · Jul 28, 2022

The court also ruled as a matter of law that Mileto did not act with malice; therefore, Mileto was shielded from liability by qualified immunity. … Indeed, absent defamation per se and special harm in the form of actual business losses, the elements of defamation cannot be established. Smith, 487 Mich at 113.

Maxwell v. Maxwell

15 Mich. App. 607 · Michigan Court of Appeals · Jan 30, 1969

On this appeal no claim is made that the judge’s finding that plaintiff fathered the child was, as such, clearly erroneous. … Eule 17 of the Uniform Eules of Evidence act and rule 101 of the Model Code of Evidence state that every x>erson is qualified to be a witness unless the judge finds that he is incapable of making himself understood or of

In Re Iwr Minor

Michigan Court of Appeals · Jun 22, 2023

Because we conclude that the trial court did not clearly err in determining that clear and convincing evidence established the statutory grounds for terminating respondent’s parental rights and proceeding with the petition … “A decision qualifies as clearly erroneous when, although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been made.”

Cadle Co. v. City of Kentwood

285 Mich. App. 240 · Michigan Court of Appeals · Jul 30, 2009

We do not find the statute, as interpreted, clearly invalid. … A statute can be found unconstitutionally vague in three ways: *259 “A statute may qualify as void for vagueness if (1) it is overbroad and impinges on First Amendment freedoms, (2) it does not provide fair notice of the

Estate of Steven Jacob Jahn v. William T Farnsworth

Michigan Court of Appeals · May 23, 2017

Even Jake’s father, who was at the school with Jake, saw no signs that Jake was extremely upset or was considering suicide otherwise Jake’s father clearly would not have allowed him to drive home alone. … Mary Spence and submitted in support of plaintiff’s federal district court case did not tend to establish plaintiff’s claim of gross negligence. In particular, Dr.

People v. Prast

114 Mich. App. 469 · Michigan Court of Appeals · Apr 5, 1982

Stroble v California, 343 US 181 ; 72 S Ct 599 ; 96 L Ed 872 (1952), was clearly reflected in the sum total of the voir dire examination of a majority of the jurors finally placed in the jury box. … Evidence establishing a chain of custody was also introduced.

Ansell v. Department of Commerce (On Remand)

222 Mich. App. 347 · Michigan Court of Appeals · May 22, 1997

completing a resident training program under the tutelage of his father, Harold Ansell, Sr., and passing required national and state examinations, petitioner obtained a license to practice mortuary science in March 1988. 1 In qualifying … Thus, even if § 1808(3) were ambiguous, the embalming reports submitted by petitioner clearly bound him to the embalming requirement because § 1808(3) requires applicants to fulfill “other training requirements as' may be

People of Michigan v. Joseph Thomas Hensley

Michigan Court of Appeals · Jul 17, 2018

for § 4 immunity under the MMMA. … This is in contrast to the immunity provision under § 4 of the MMMA, which restricts a caregiver under the MMMA to possessing a total of 2.5 ounces of usable marijuana and usable marijuana equivalents for “each qualifying

People of Michigan v. Joseph Thomas Hensley

Michigan Court of Appeals · Jul 17, 2018

for § 4 immunity under the MMMA. … This is in contrast to the immunity provision under § 4 of the MMMA, which restricts a caregiver under the MMMA to possessing a total of 2.5 ounces of usable marijuana and usable marijuana equivalents for “each qualifying

People v. Snider

239 Mich. App. 393 · Michigan Court of Appeals · Apr 4, 2000

“Generally, a search conducted without a warrant is unreasonable unless there exist both probable cause and a circumstance establishing an exception to the warrant requirement.” … Although Snider claims that the victim’s statement was hearsay under MRE 801, the prosecutor correctly points out that Beatty’s statement likely qualified as a dying declaration under MRE 804(b)(2), People v Siler, 171 Mich

Ross v. Blue Care Network of Mich.

271 Mich. App. 358 · Michigan Court of Appeals · Oct 2, 2006

Also, the IRO noted that Ross’s health clearly would have declined had he waited for the long BCN approval process. … However, there is nothing in the record that clearly states what [Ross’s] condition was when he left Michigan.

Andera Zora v. Dhafir Jarbo

Michigan Court of Appeals · Jul 2, 2024

Plaintiff paid the rent because defendant did not qualify to be on the lease, which was solely in plaintiff’s name. … Thus, a trial court’s findings regarding the existence of an established custodial environment must be affirmed unless the evidence clearly preponderates in the opposite direction.

National Pride at Work, Inc v. Governor

274 Mich. App. 147 · Michigan Court of Appeals · May 14, 2007

All the plans listed establish criteria for eligibility that are similar to those for marriage. … Without these confines, however, there is no reason to allow the regents to use their independence to thwart the clearly established public policy of the people of Michigan.

Elizabeth Cuevas v. the Board of Hospital Managers of Hurley Medic

Michigan Court of Appeals · Jan 12, 2017

“Generally, the governmental immunity act provides broad immunity from tort liability to governmental agencies, officials, or employees who exercise or discharge a governmental function.” … The assignment of office space, performance evaluation rating determinations, employee scheduling and discipline clearly comprise decisions that require “personal deliberation, decision and judgment.” Id.

Sally S White v. Oakland Community College

Michigan Court of Appeals · Nov 10, 2022

Defendant asserted that the hired candidate had more seniority and was better qualified. … The committee members each testified at their respective depositions that plaintiff did an adequate job in her interview but failed to clearly demonstrate her skills and link them to the selection criteria.

Versan Lewis Saddler v. Evan Alan Chevela

Michigan Court of Appeals · Nov 21, 2023

Moreover, Defendant Chevela may be entitled to governmental immunity.” … Thus, plaintiff did not meet his burden of establishing that he could not afford the bond.

Pearson Construction Company Inc v. the Dailey Company

Michigan Court of Appeals · Apr 17, 2026

Further, a determination that a contract establishes an intended third-party beneficiary through a direct promise to the third party must be based on an objective review of the form and meaning of the contract … Pugh Co, Inc, 279 Mich App 431, 436; 761 NW2d 108 (2008) (“Any argument that [the] defendant was not clearly aware that the scope of its contractual undertakings encompassed [the] plaintiff is absurd, given the nature of

Joseph Bailey v. Christopher Fitzpatrick

Michigan Court of Appeals · Jan 10, 2017

Individual “lower ranking” government employees such as defendants are entitled to qualified immunity from tort liability if they meet all the following conditions: 2 In Bletz v Gribble, 641 F3d 743, 756 (CA 6, 2011) … ’s statutory governmental immunity, it is not an independent cause of action.

20250225_C370622_39_370622.Opn.Pdf

Michigan Court of Appeals · Feb 25, 2025

For example, plaintiff did not want the child immunized because “the government [was] out to kill people” and “put stuff into” the immunizations. … A trial court’s finding “is clearly erroneous when no evidence supports the finding or, on the entire record, this Court is left with a definite and firm conviction that a mistake has been made.”

Bowden v. Gannaway

310 Mich. App. 499 · Michigan Court of Appeals · Mar 24, 2015

Had defendants filed a timely appeal, plaintiffs argue, a review of the “whole record” would have resulted in reversal of the denial because assessments from several independent physicians clearly established the disability … As the trial court pointed out, Polania did not establish a new rule or principle.