Case law

Anthony Moore v. Huntington National Bank

Michigan Court of Appeals · May 27, 2021

According to defendants, plaintiff could not establish a prima facie case of discrimination under McDonnell Douglas because he could not show that he was qualified for the position. … “Being qualified for a job, for purposes of establishing a prima facie case of discrimination, requires only minimal qualification.”

Dozier v. Automobile Club of Mich.

69 Mich. App. 114 · Michigan Court of Appeals · May 27, 1976

We note only that this policy or any equally convincing policy is clearly absent in assessing the reasonableness of the club’s nomination requirements. … It is clear that the club wields considerable powér in establishing transportation policies in this state and in the financial community through its deposits and investments.

Department of State v. Michigan Education Association-NEA

251 Mich. App. 110 · Michigan Court of Appeals · Aug 8, 2002

This latter standard is indistinguishable from the clearly erroneous standard of review that has been widely adopted in Michigan jurisprudence. … Here, the evidence presented before the hearing officer unquestionably established that respondent made a contribution in the form of a forbearance to the committee.

People v. Tubbs

64 Mich. App. 341 · Michigan Court of Appeals · Sep 22, 1975

Evidence substantiating incompetency-in-fact *344 must establish that there is a violation of rights before a new trial will be ordered. … This Court clearly has the power to issue writs of habeas corpus. [2] However, review under habeas corpus is extremely limited.

Robert C Ohlman Protection Trust v. Department of Treasury

Michigan Court of Appeals · Jun 25, 2015

Despite addressing and directing the PRE denial notice to the trust, the department quite clearly denied a PRE for both the trust and Ohlman personally. … The MTT first noted that a trust could not qualify as an “owner” for purposes of obtaining a PRE.

In Re Thurston

226 Mich. App. 205 · Michigan Court of Appeals · Feb 10, 1998

The complainant clearly stated in her taped statements and again at trial that she had sex with defendant. There never has been any question that defendant and the complainant had sex. … 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."

People of Michigan v. Daniel James Brown

Michigan Court of Appeals · Apr 27, 2023

A reimbursing insurer qualifies as a victim for purposes of restitution. … Auto-Owners qualifies as a victim as a reimbursing insurer.

People of Michigan v. Alison Bridget Parke

Michigan Court of Appeals · May 21, 2015

Monica Bugeja, a scientist in the toxicology unit of the Michigan State Police forensic science lab, was qualified as an expert in her field. … Accordingly, we consider whether a proper foundation was established.

Anton Sowerby & Associates Inc v. Mr C's Lake Orion LLC

Michigan Court of Appeals · Mar 12, 2015

And plaintiff never clearly stated any objection that could be raised against the seller. … To establish either, a claimant must show falsity, malice, and special damages.

Darwish v. Darwish

100 Mich. App. 758 · Michigan Court of Appeals · Oct 22, 1980

If a witness is to give an opinion an untrained layman could not, the witness must first be qualified. Moore v Lederle Laboratories, 392 Mich 289 ; 220 NW2d 400 (1974). … The order of August 3, 1978, clearly directs the appointing of an independent appraiser to help in resolving the disputed value of the house.

Iman Fayek Ismail v. Alaa Hussein Ali

Michigan Court of Appeals · Jun 22, 2026

A trial court’s findings regarding the existence of an established custodial environment and regarding each custody factor should be affirmed unless the evidence clearly preponderates in the opposite … See Kessler, 295 Mich App at 61 (holding that a “trial court clearly err[s] when it fail[s] to determine whether there was an established custodial environment with either or both of the parties before making its custody

Dillard v. Schlussel

308 Mich. App. 429 · Michigan Court of Appeals · Oct 21, 2014

Well-established principles also guide our statutory construction efforts. … First, once a creditor establishes the presence of multiple badges of fraud, he or she has established a fact question regarding actual intent.

People of Michigan v. Eldred Lee Brooks

Michigan Court of Appeals · Jan 28, 2021

“reliable foundation,” since jurors are just as qualified to evaluate the victim’s credibility. … Mallon “clearly vouched” for the credibility of JF, id. at 263. -7-  3.

Gavin Cavazos v. American Athletix LLC

Michigan Court of Appeals · Oct 13, 2022

The essence of plaintiff’s negligence claim is that American Athletix should have performed its contractual obligations better, i.e., it should have recognized the large gap in the bleachers and clearly conveyed this as a … In sum, because the public-building exception excludes claims of design defects, to avoid governmental immunity, a plaintiff must establish that the defective condition was the result of the failure to repair or maintain.

People v. Hernandez

84 Mich. App. 1 · Michigan Court of Appeals · Jun 6, 1978

Defendant also assigns as error the court’s ruling that a lay witness was not qualified as a handwriting expert. … Defendant called a lay witness to establish that the handwriting belonged to the person who it was claimed wrote the letter.

People of Michigan v. Jason Benjamin Symonds

Michigan Court of Appeals · Nov 25, 2025

A court clearly errs when a reviewing court is left with a definite and firm conviction that a mistake was made. People v McChester, 310 Mich App 354, 358; 873 NW2d 646 (2015). … failure to object to Howe’s testimony, the trial court stated the following: Because this was in front of a judge, myself, I was able to suss out what was appropriate whether the person had actually been qualified

People of Michigan v. Myron Davis

Michigan Court of Appeals · May 22, 2026

The court also determined that Davis had not established “good cause for failing to raise these grounds on appeal and actual prejudice from the alleged irregularities have not been established.” … A finding is clearly erroneous when we are left with the definite and firm conviction that a mistake has been made. People v Byars, 346 Mich App 554, 562; 13 NW3d 328 (2023).

Value Save Property LLC v. Wisam Sattam

Michigan Court of Appeals · Feb 19, 2026

Summary disposition is granted “when the claim is so clearly unenforceable as a matter of law that no factual development could possibly justify a right of recovery.” Id. (quotation marks and citation omitted). … : 8.6.1 Members holding a majority of the outstanding Shares in the Company consent to the Qualified Transferee’s admission as a Member. 8.6.2 The Qualified Transferee shall furnish to

People v. Ward

107 Mich. App. 38 · Michigan Court of Appeals · Jun 4, 1981

"A defendant need only qualify under one of the three sections to contest a search. … Likewise, if defendant establishes a purposeful illegality, the fruits of the search of the Seaver home, including the cocaine and narcotic paraphernalia seized therein, and Seaver's testimony under grant of immunity should

Williams Township v. City of Midland

95 Mich. App. 239 · Michigan Court of Appeals · Feb 5, 1980

A county member shall serve for 3 years and until his successor is appointed and qualified. … This is clearly the case when there is either consolidation of two cities or incorporation of two townships into one city.