Case law

People v. Carrier

309 Mich. App. 92 · Michigan Court of Appeals · Jan 27, 2015

Ginther testified that he was qualified to perform these tasks because he had a bachelor’s degree in social work. He also indicated that he was ten months away from completing a master’s degree in social work. … MCL 330.1946 was clearly and indisputably enacted to protect the safety of a third person from a patient who voiced a threat of physical violence against the person to a treating mental health professional.

Department of Health and Human Services v. Nrk Rx Inc

Michigan Court of Appeals · Nov 20, 2024

The ALJ reasoned that NRK failed to establish by a preponderance of the evidence that the OIG’s findings were erroneous. … Moreover, when, as in subd. (1)(a), the Legislature has qualified the same word with the definite article “the” in one instance (subd [1][a][i]) and the indefinite article “a” in another instance (subd. [1][

Hugh a Woodrow v. Board of State Canvassers

Michigan Court of Appeals · Aug 15, 2024

It was undisputed that there would not be a primary election for this race based on the number of qualified candidates. See MCL 168.412. … In turn, § 544c—MCL 168.544c—establishes requirements that must be followed by a candidate.

in the Matter of Rhea Brody Living Trust

Michigan Court of Appeals · Sep 12, 2017

The probate court did not clearly err in concluding that the option contract shifted interests under the trust to favor Jay. … Robert and Jay have failed to establish any error requiring reversal of the portion of the order setting aside the option agreement.

US Bank National Association v. Angeline Lucile Oneal

Michigan Court of Appeals · Apr 17, 2025

“MCR 2.116(C)(7) permits summary disposition because of release, payment, prior judgment, or immunity granted by law.” … “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.

People of Michigan v. Lisa Marie Finlayson

Michigan Court of Appeals · Aug 14, 2018

To qualify as an attempt the act must clearly and directly be related to the escape and not some other goal. … To qualify as an attempt, the act must clearly and directly be related to the escape and not some other goal.

Buck v. Thomas M Cooley Law School

272 Mich. App. 93 · Michigan Court of Appeals · Nov 22, 2006

Wilson admitted that she was not qualified to diagnose learning disabilities, she believed that an indicator pointing to a possible learning disability was a low score in reading comprehension combined with a high score in … That decision, however, is of no avail, as it involves a different statute, and, more importantly, the court’s discussion relied on by plaintiff is clearly dicta. See id. at 1170-1171.

Dearborn Heights Montessori Center Inc v. City of Livonia

Michigan Court of Appeals · Feb 14, 2019

-4-  Does not clearly fall within the charitable or educational exemption provided for under state law. … See Wexford, 474 Mich at 203 (element one in establishing an exemption under MCL 211.7o).

Steven Hinderer v. Marcus Snyder

Michigan Court of Appeals · Jan 29, 2019

As this Court has explained, a party can establish that it is entitled to summary disposition under MCR 2.116(C)(7) in two distinct ways: it can show that immunity is apparent on the face of the pleadings or it can present … evidence to establish that, notwithstanding the allegations in the plaintiff’s complaint, there is no factual dispute that he or she is entitled to immunity as a matter of law.

Li Yun Yee v. Aaa Insurance

Michigan Court of Appeals · Feb 24, 2022

It is the insured’s burden to establish that his claim falls within the terms of the policy.” Id. (quotation marks and citation omitted). … in the fourth paragraph, the fifth paragraph explicitly and clearly modifies the definition to exclude such vehicles from the definition.

20241213_C356600_113_356600Op.Opn.Pdf

Michigan Court of Appeals · Dec 13, 2024

This evidence was sufficient to establish probable cause that the robocall statements were false. … Further, Craine testified that the qualified voter file was monitored, and entities requesting access to the qualified voter file were vetted.

Lucas v. Awaad

299 Mich. App. 345 · Michigan Court of Appeals · Jan 29, 2013

A court must “determine whether the claim is so clearly unenforceable as a matter of law that no factual development could establish the claim and justify recovery.” Id. … While we agree that the affidavits did not state that Awaad correctly read and interpreted the EEG tests, the affidavits clearly identified defendants’ defense against this claim.

In Re carico/smith Minors

Michigan Court of Appeals · Dec 17, 2025

DISCUSSION Respondent argues that the trial court clearly erred by exercising jurisdiction over the children because DHHS failed to establish a statutory basis for jurisdiction. … The court also found that “there [wa]s zero question that [respondent] was using methamphetamine” because the documentary and testimonial -3- evidence clearly established

Houston v. Governor

295 Mich. App. 588 · Michigan Court of Appeals · Mar 7, 2012

The Supreme Court, in deciding whether the statute was a general or local act, stated: In this case, the statute plainly fails to qualify as a general act. … The circuit court cited nothing to establish that there is a constitutional right to a 30-day period for an elector to seek judicial review of a county commission reapportionment plan, and I am confident that no constitutional

in Re K E McGee Minor

Michigan Court of Appeals · Jun 23, 2016

A decision qualifies as clearly erroneous when, although there may be 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.” … The record clearly and convincingly established that the event precipitating KEM’s child protective proceeding involved respondent’s abandonment of KMM at a homeless shelter.

Hoffman MacHinery Corp v. Reid MacHinery Inc

Michigan Court of Appeals · Dec 16, 2025

The trial court did not clearly err by finding that Reid’s actions on behalf of RMI was “willfully wrong” and “malicious.” … As previously discussed, the trial court’s implicit finding to the contrary is not clearly erroneous.

People of Michigan v. Lisa Marie Finlayson

Michigan Court of Appeals · Aug 14, 2018

To qualify as an attempt the act must clearly and directly be related to the escape and not some other goal. … To qualify as an attempt, the act must clearly and directly be related to the escape and not some other goal.

Joan Grattan v. Estate of Silvia Eilender

Michigan Court of Appeals · Jul 29, 2021

Beulah Hoagland Appleton Qualified Personal Residence Trust v Emmet Co Rd Comm, 236 Mich App 546, 550; 600 NW2d 698 (1999). … “The party must clearly identify the disputed issue for which it asserts discovery must be conducted and support the issue with independent evidence.” Id.

Fjn LLC v. Vijay Parakh

Michigan Court of Appeals · Jun 22, 2017

Parakh, as building official, had authority under the zoning ordinance to issue certificates of occupancy, which necessarily included the authority to inspect establishments before issuing the certificates. … Borrello 2 Plaintiffs argue that Parakh failed to raise the affirmative defense of privilege in his answer; however, Parakh asserted the affirmative defense of immunity, and privilege is a form of immunity.

Kailmiai v. Firestone Tire & Rubber Co.

87 Mich. App. 144 · Michigan Court of Appeals · Nov 27, 1978

This testimony clearly shows that after the accident *149 Mrs. Kailimai was deprived of the companionship and services of her husband which she had previously enjoyed. … Kailimai was an experienced mechanic and, as was pointed out by the trial judge, arguably qualified as an expert in the area.