Case law

Helen Levenson v. City of Ann Arbor

Michigan Court of Appeals · Dec 26, 2017

The city asserts that it is protected by governmental immunity and that plaintiff’s reliance on the sidewalk exception to immunity under MCL 691.1402a fails as a matter of law. … The applicability of governmental immunity and the statutory exceptions to immunity are also reviewed de novo on appeal.

US Bank National Association v. Debora D Curtis

Michigan Court of Appeals · Nov 3, 2015

Defendants only make blanket and unsupported assertions about how they would have qualified for a modification. … Beulah Hoagland Appleton Qualified Personal Residence Trust v Emmet Co Rd Comm, 236 Mich App 546, 550; 600 NW2d 698 (1999).

Shenelle Miller-Webb v. Genesee County

Michigan Court of Appeals · Apr 19, 2016

The fact that plaintiff was qualified for the position is undisputed for purposes of this appeal. … Thus, plaintiff’s claim is clearly not preserved for our review. Napier v Jacobs, 429 Mich 222, 227; 414 NW2d 862 (1987).

Van Elslander v. Thomas Sebold & Associates, Inc.

297 Mich. App. 204 · Michigan Court of Appeals · Jun 28, 2012

Rather, the emphasis of the Court was more on encouraging the use of formal surveys to establish market rate. … Despite the intimate relationship and the lack of a retainer fee agreement, Follis was. deemed to be entitled to $250 an hour as a reasonable rate of compensation for his services, indicating he was “qualified and served

Cynthia Barton-Spencer v. Farm Bureau Life Insurance Company of Mi

Michigan Court of Appeals · Mar 22, 2016

In 2011 and 2012 Barton-Spencer sold several policies to clients who funded their policies with qualified plan money despite knowing that using “qualified plan” money to fund an SPWL policy might result in a taxable transfer … Here, the terms of the agent agreement and the agent commission schedule clearly establish that Farm Bureau “affected or controlled a term, condition, or privilege of [Barton-Spencer’s] employment[.]”4 See id. at 385.

Agnes N Cramer v. Transitional Health Services of Wayne

Michigan Court of Appeals · Aug 26, 2021

On the basis of the opinions of doctors who said that plaintiff could work, Stokes looked for jobs for which plaintiff would be qualified. … The test refers to “contributors,” and clearly this term refers to contributors to the disability at issue.

People v. Fett

257 Mich. App. 76 · Michigan Court of Appeals · Jul 23, 2003

which is structural error mandating automatic reversal, Gideon v Wainwright, 372 US 335 ; 83 S Ct 792 ; 9 L Ed 2d 799 (1963); People v Russell, 254 *93 Mich App 11, 18; 656 NW2d 817 (2002), our holding in Johnson, supra, clearly … In sum, we reject the prosecutor’s argument that defendant must establish the type of prejudice pertinent to claims of ineffective assistance of counsel. Strickland, supra at 687-688 .

Anthony Branch v. Genesee County Road Commission

Michigan Court of Appeals · Nov 10, 2022

Although “a plaintiff is not required to provide evidence that he is at least as qualified as the successful candidate in order to establish a prima facie case under McDonnell Douglas,” a plaintiff also cannot make out a … Dismissal of Branch’s claim constituted a verdict under MCR 2.403(O)(2)(c) and was clearly less favorable to Branch than receiving $20,000.

Kathleen Corey v. Department of Transportation

Michigan Court of Appeals · Oct 11, 2018

DISCUSSION Plaintiff contends that the trial court erred because she established a genuine issue of material fact regarding whether the accident site was closed to public travel. … These photographs clearly show construction cones, barrels, and a roadside sign in and around the area in dispute. Notably, several cones appear around the hole.

Quentin White v. Henry Ford MacOmb Hospital Corporation

Michigan Court of Appeals · Apr 20, 2023

Congress thus clearly understood how to reference third parties in the HITECH Act when it wanted to but elected not to do so when establishing the fee limitation. … As noted earlier, MRO qualifies as a “business associate.” Cf Ciox Health, LLC, 435 F Supp 3d at 39 (finding that the plaintiff, Ciox Health, qualified as a “business associate.”).

Thelonious Jackson v. Daniel Lubelan

Michigan Court of Appeals · Jul 5, 2018

Thus, defendants were not entitled to governmental immunity. … When we consider a motion for dismissal based on governmental immunity under MCR 2.116(C)(7), we review any documentary evidence filed, as well as pleadings, to determine whether the claim is barred by immunity.

in Re a Buchanan Minor

Michigan Court of Appeals · Feb 13, 2020

Only one statutory ground needs to be established to support termination of parental rights under MCL 712A.19b(3). In re Martin, 316 Mich App 73, 90; 896 NW2d 452 (2016). … Brosch stated that AB was meeting his developmental milestones, he was healthy, and he had all his immunizations.

Michigan Coalition of State Employee Unions v. State

302 Mich. App. 187 · Michigan Court of Appeals · Aug 13, 2013

(b) He or she becomes a qualified participant in Tier 2 beginning 12:01 a.m. on April 1, 2012. … “Statutes are presumed constitutional unless the unconstitutionality is clearly apparent.” Toll Northville Ltd, 480 Mich at 11 .

Ludington & Northern Railway v. Epworth Assembly

188 Mich. App. 25 · Michigan Court of Appeals · Mar 18, 1991

Therefore, given the trial court’s finding that plaintiff did not intend to abandon its railroad right of way, a finding clearly supported by the evidence, we hold that the right of way was not terminated by abandonment. … Where a qualified fee is determinable upon an event which is certain to happen, there remains a true reversion, and not a possibility of reverter. 28 Am Jur 2d, Estates, § 182, p 321.

People v. Anglin

6 Mich. App. 666 · Michigan Court of Appeals · May 23, 1967

On that date the jury panel was exhausted by peremptory challenges and the sheriff was ordered forthwith to summon eight additional qualified persons as jurors. One of these additional talesmen was Alfred Wright. … This must be the ruling even though the trial court clearly was trying to be fair to the defendants as demonstrated by his statement to the jury at the time he ordered the discharge: *678 “So in my opinion, the situation

20250214_C362742_76_362742.Opn.Pdf

Michigan Court of Appeals · Feb 14, 2025

Detective Sergeant Jason Parks was qualified without objection as an expert in the field of accident reconstruction. … to post-impact to final rest, it’s very clear that the [SUV] traveling northbound went across out of the northbound lane, he was traveling northwest, crossed over a small section of the turn lane and clearly

in Re B M Baham Minor

Michigan Court of Appeals · Apr 2, 2020

A sentence proclaiming what something does not mean hardly qualifies as a “definition.” In my view, the statutory language (“without proper custody or guardianship”) is plain and unambiguous. … The Legislature also recognized that a parent convicted of a crime can grow and change by including in MCL 712A.19b(3)(h) the requirement that the state prove, clearly and convincingly, that “there is no reasonable expectation

Gilliam v. Hi-Temp Products Inc.

260 Mich. App. 98 · Michigan Court of Appeals · Mar 5, 2004

This Court must presume the Legislature intended the meaning clearly expressed and must enforce a statute as written. Gladych, supra ; Freeman, supra at 96, 580 N.W.2d 918 . … Unlike Michigan, California, New Jersey, and Alaska have not followed the Model Business Corporation Act (1984) by establishing time limits for claims against a dissolved corporation.

People v. Allen

310 Mich. App. 328 · Michigan Court of Appeals · Apr 30, 2015

Yeager testified that he and his partner established that nobody was at defendant’s registered address on March 17, 2013. … The issues of spousal immunity and the Fifth Amendment were not revisited. Perry testified that Lisa, defendant’s wife, was her sister. Perry owned the trailer on 6123 Clarksville Road.

American Friends Service Committee v. Department of Corrections

Michigan Court of Appeals · Feb 20, 2026

A motion is properly granted under MCR 2.116(C)(10) “when the proffered evidence fails to establish a genuine question of fact.” Tripp, 346 Mich App at 262. … See Arabo, 310 Mich App 375-376, 383 (granting the FOIA request for existing and nonexempt records but qualifying this with a request for a good-faith deposit).