Case law

In Re Michael Eyde Trust

Michigan Court of Appeals · Jan 27, 2022

Trustee accepts the trust established by this Agreement under Michigan law. … He has established no outcome-determinative plain error, see People v Carines, 460 Mich 750, 763; 597 NW2d 130 (1999), in connection with this issue because it has been clearly expressed that “the . . . beneficiaries” want

Transport Systems LLC v. United Roadlink LLC

Michigan Court of Appeals · Jun 23, 2025

Plaintiff also asserts that the trial court erred in holding that its damages were not established with reasonable certainty. … “A plaintiff must adequately establish cause in fact in order for legal cause or ‘proximate cause’ to become a relevant issue.”

In Re Estate of Jerome E Sizick

Michigan Court of Appeals · Jan 18, 2024

In its previous appeal, the DHHS made the same argument it does here—that the probate court clearly erred by finding that Janet established MCL 700.5401(3)(a) by clear and convincing evidence. Sizick, unpub op at 3. … While this Court was reviewing a factual question, it ultimately arrived at a legal conclusion—the probate court did not clearly err when it found that Janet established MCL 700.5401(3)(a) by clear and convincing evidence

Travis Schultz v. Dte Energy Corporate Services LLC

Michigan Court of Appeals · Sep 20, 2018

To establish a prima facie case of intentional discrimination, a plaintiff must show that he was (1) a member of a protected category, (2) subjected to an adverse employment action, (3) qualified for the position, and (4) … “[T]he arbitrator’s findings of fact are immune from review altogether.” Eppel, 322 Mich App at 572; see also DAIIE, 416 Mich at 429.

Mullins v. St Joseph Mercy Hospital

271 Mich. App. 503 · Michigan Court of Appeals · Oct 2, 2006

Second, in addition to reversing precedent set by prior Courts, the current Court has from time to time qualified or clarified its own recent rulings in subsequent decisions. … We also apply prospectively only decisions that address “an issue of first impression whose resolution was not clearly foreshadowed.”

People of Michigan v. Tyron Jamar Husband

Michigan Court of Appeals · Jul 17, 2018

Spaythe also testified at trial under a grant of immunity. I. … In passing, he also asserts that the testimony would not qualify for admission under the “catchall” exception of MRE 803(24).

People of Michigan v. Tyron Jamar Husband

Michigan Court of Appeals · Jul 17, 2018

Spaythe also testified at trial under a grant of immunity. I. … In passing, he also asserts that the testimony would not qualify for admission under the “catchall” exception of MRE 803(24).

Buchanan v. Crisler

922 N.W.2d 886 · Michigan Court of Appeals · Feb 22, 2018

Crisler's comments were clearly posted on the Internet without Buchanan's consent. MCL 750.411s(1). … ("When facts are found that establish the violation of a statute, the protection ... afforded by the First Amendment is a matter of law.").

20241217_C371011_28_371011.Opn.Pdf

Michigan Court of Appeals · Dec 17, 2024

The court agreed with the referee that the son had an established custodial environment with both parents, but the girls had established custodial environments with mother only. … Father has not established plain error affecting substantial rights.

People of Michigan v. Austin Martin Batzer

Michigan Court of Appeals · Apr 30, 2026

Defendant unconvincingly argues that none of the qualifiers listed in MCL 777.37(1)(a) were present in this case. … Thus, defendant has again failed to establish the factual predicate for this claim. Serges, ___ Mich App at ___; slip op at 19.

Herp v. Lansing City Clerk

164 Mich. App. 150 · Michigan Court of Appeals · Oct 27, 1987

However, the Legislature clearly intended to incorporate § 25 into the § 8b bond referendum provisions of the building authority act. … The burden of establishing a clear legal duty by the defendant is placed on the person seeking mandamus. Burger King Corp v Detroit, 33 Mich App 382, 384 ; 189 NW2d 797 (1971).

Balcom v. Zambon

254 Mich. App. 470 · Michigan Court of Appeals · Mar 7, 2003

I can’t imagine anything more explicit than that establishing that, indeed, there was a release.” … The only parties who received anything that would qualify as valuable consideration in the case at bar were the victims, who each received nearly $3,000 in restitution.

People of Michigan v. Tynathan Ameire Felder

Michigan Court of Appeals · Mar 17, 2016

Defendant merely claims that because the witnesses engaged in acts that would subject them to criminal prosecution, then immunity agreements must exist. … Therefore, it is not necessary for us to determine whether defendant established a prima facie case of discrimination.

Logan Schaub v. James Albert Seyler

Michigan Court of Appeals · Nov 15, 2018

This Court likewise reviews de novo the applicability of governmental immunity and the statutory exceptions to immunity. Id. … MCR 2.116(C)(7) provides for dismissal of an action “because of . . . immunity granted by law.”

In Re Quintana Minors

Michigan Court of Appeals · Apr 18, 2024

Amanda Gill was qualified by the court to testify as a qualified expert witness. … For all these reasons, father has failed to show that the trial court clearly erred by concluding, beyond a reasonable doubt, including on the basis of testimony of a qualified expert witness, that continued custody of the

Earl H Allard Jr v. Christine a Allard

Michigan Court of Appeals · Jan 31, 2017

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. … to petition for modification of an agreed-upon alimony provision, and to clearly express their intent that the alimony provision is final, binding, and thus nonmodifiable.

Champion v. Secretary of State

281 Mich. App. 307 · Michigan Court of Appeals · Oct 16, 2008

The states must collect overdue support payments, establish comprehensive systems to establish paternity, locate absent parents, and help families obtain support orders. Id. at 333-334 . … This was clearly considered by Congress because 42 USC 666(a)(13)(B) already requires parents to furnish social security numbers in divorce, support, and paternity proceedings.

In Re C R Holbrook Minor

Michigan Court of Appeals · Jul 17, 2025

Respondent argues that the trial court clearly erred when it evaluated CRH’s best interests because it failed to consider that CRH’s placement with a relative weighed against termination. … This Court concluded that the woman qualified as the child’s relative under § (1)(j)(ii) on the basis of the strong, positive, emotional tie between them. Id. at 4.

Aaron Pearce v. Patricia a S Crowley

Michigan Court of Appeals · Mar 23, 2023

The trial court agreed, finding that the basin worked properly for many years and that the problem was clearly the result of “a combination of higher groundwater levels with higher than normal precipitation and obviously … ANALYSIS The SSDE exception to the GTLA abrogates common-law exceptions to governmental immunity. MCL 691.1417(2); Willett, 271 Mich App at 46.

In re Carroll

292 Mich. App. 395 · Michigan Court of Appeals · Apr 26, 2011

Nevertheless, the Heinz Court clearly concluded that the term “care,” as used in MCL 500.3107(l)(a), was not restricted to medical care alone. … While a guardianship would qualify as a service for a person’s care, a closer question is whether the service of managing property and business affairs is care.