Case law

Tiffany v. the Christman Co.

93 Mich. App. 267 · Michigan Court of Appeals · Nov 5, 1979

It claims that the witness was not qualified to give such an opinion. However, no objection was made to this testimony on the ground now asserted on appeal. Thus, Daverman had waived appellate review of this issue. … The instructions, when viewed in their entirety, 7 clearly indicated that Daverman was held to a duty of ordinary skill and care common to its profession. Chapel v Clark, 117 Mich 638, 640 ; 76 NW 62 (1898).

Kevin Decker v. Robert O'Connell

Michigan Court of Appeals · May 12, 2026

Defendant has not shown that the trial court’s finding was clearly erroneous. IV. … Hence, “[u]se of another’s property qualifies as adverse when made under a claim of right when no right exists.” Plymouth Canton Community Crier, 242 Mich App at 681.

Estate of Thornton Jackson Jr v. 36th District Court

Michigan Court of Appeals · Sep 3, 2019

Not only did they not bring a claim under the ADA, but even if they had, they would still have to establish that they are “qualified individual[s]” under the ADA. … However, plaintiffs cannot go forward with their age discrimination claim because they cannot establish that they were qualified for the bailiff job.

People of Michigan v. Derrick Darnell Archie-Morris Jr

Michigan Court of Appeals · Aug 1, 2024

Police later became aware that defendant was also involved in the shooting based a proffer statement that defendant provided to the prosecution in exchange for use immunity. … Indeed, this Court has conclusively held “that the Legislature clearly intended to permit a defendant charged with felon in possession to be properly charged with an additional felony-firearm count.”

Morgan Stanley Mortgage Home Loan Trust v. Michael J Liebetreu

Michigan Court of Appeals · Oct 16, 2014

Where the language is unambiguous, we presume that the Legislature intended the meaning clearly expressed—no further judicial construction is required or permitted, and the statute must be enforced as written … And because the documentary evidence establishes that plaintiff currently holds the most recent, recorded assignment of the mortgage, it qualified as a proper foreclosing party under the plain language of MCL 600.3204(3).2

League of Women Voters of Michigan v. Secretary of State

Michigan Court of Appeals · Jul 14, 2020

This would be to overthrow in fact what was established in theory; and would seem, at first view, an absurdity too gross to be insisted on. [5 US at 176-177.] … For these reasons, we conclude that plaintiffs have failed to establish their entitlement to mandamus relief and the complaint for a writ of mandamus is denied.

20230112_C357792_57_357792.Opn.Pdf

Michigan Court of Appeals · Jan 12, 2023

Yet Lockhart clearly testified that defendants were searching for persons to fill the positions requested by plaintiff while she was still employed, so plaintiff’s assertion that she was “denied” these positions while plant … Regardless, plaintiff does not argue that Malara was unqualified for the position, only that she was “more qualified” than Malara, or that Malara was “less qualified” than her.

Erlich Protection Systems Inc v. David E Flint

Michigan Court of Appeals · Nov 7, 2019

There is no doubt that, viewing the evidence in a light most favorable to plaintiff, some of the information taken by defendant could qualify as trade secrets. … Clearly, not all confidential information necessarily qualifies as a trade secret.

20230112_C353150_73_353150.Opn.Pdf

Michigan Court of Appeals · Jan 12, 2023

Under all these circumstances, we are unable to conclude that the trial court clearly erred by concluding that Keener was not a suspect in the CSC case until February 2020—approximately two months after Washington’s trial … Keener testified at Washington’s trial under “use immunity,” meaning that anything he said in court for Washington’s trial would not be used in Keener’s criminal cases.

People of Michigan v. Collins Louis Glenn III

Michigan Court of Appeals · Jul 2, 2020

The form clearly indicates that jurors are to “CHOOSE ONLY ONE” of these options. … Defendant also argues that Ferris was not qualified to give an opinion about whether the complainant was exposed to trauma.

People of Michigan v. Kathryn Elaine Peoples

Michigan Court of Appeals · Nov 14, 2019

Defendant clearly used pepper spray as a weapon when she sprayed the substance in Pullin’s face. … Defendant contends that the assistance provided by Officer Gill in assisting defendant to flush his eyes with water merely qualified as first aid, but did not qualify as medical treatment.

People of Michigan v. Jalani Darshawn Nowling

Michigan Court of Appeals · Sep 15, 2025

in the form of an opinion is limited to one that is: -5-  (a) rationally based on the witness’s perception; and (b) helpful to clearly … The trial court did not qualify Fry as an expert witness; however, it stated that Fry “certainly appears to be able to testify—certainly give a lay-opinion about what’s going on.”

People of Michigan v. Jvon Deshawn-Stacie Roberson

Michigan Court of Appeals · Mar 15, 2016

They don’t qualify as an attempt. … And to qualify as an attempt, the act must clearly and directly be related to the crime that the Defendant is charged with attempting and not some other objective.

Bonkowski v. Allstate Insurance

281 Mich. App. 154 · Michigan Court of Appeals · Oct 2, 2008

Further, plaintiff presented evidence relating the overtime rates and shift premiums that would be paid to attendant care providers qualified to care for plaintiff. … ATTORNEY FEES PURSUANT TO MCL 500.3148(1) Defendant argues that the trial court clearly erred by awarding plaintiff attorney fees pursuant to MCL 500.3148(1).

Business Entrepreneurs LLC v. Downtown Development Authority

Michigan Court of Appeals · Jan 19, 2023

Business Entrepreneurs reiterates its arguments that Schall was not qualified to establish the admissibility of the board minutes because she was not employed when the minutes for the relevant time periods were created, and … Lucas was not qualified to establish the admissibility of the financial statements because she had not seen them in years and did not know who kept them in the interim.

In Re Nestorovski Estate

283 Mich. App. 177 · Michigan Court of Appeals · Mar 31, 2009

Clearly, predictability and the rule of law would be undermined if lower courts could simply contravene established precedent, even for what appear to be good reasons. … These holdings and principles apply, of course, with equal force to trial courts' obligation to conform to established precedent.

Brittnye Carlson v. Mesquite Inc

Michigan Court of Appeals · Mar 28, 2017

In Stewart, the plaintiff was injured when struck by the employer’s bartender, who was clearly on duty at the time. … First, it involved a question of governmental immunity, not employer liability.

Wright v. Rinaldo

279 Mich. App. 526 · Michigan Court of Appeals · Jul 10, 2008

Despite plaintiffs retention of Weintraub, Rinaldo clearly continued to serve as plaintiffs official patent counsel. … Furthermore, the statement from Kloian on which the majority relies in my view qualifies as dictum, unnecessary to that decision and simply incorrect under the plain language of MCL 600.5838.

20241219_C367522_30_367522D.Opn.Pdf

Michigan Court of Appeals · Dec 19, 2024

when a petition is signed by qualified electors in the municipality in a number greater than 5% of the votes cast for governor by qualified electors in the municipality at the last gubernatorial election … The question shall be clearly written using words that have a common everyday meaning to the general public.

Graziella Bruner v. Alisha Danielle Caldwell

Michigan Court of Appeals · Jun 10, 2026

If the moving party meets its initial burden, “[t]he burden then shifts to the opposing party to establish that a genuine issue of disputed fact exists.” Id. … “If the opposing party fails to present documentary evidence establishing the existence of a material factual dispute, the motion is properly granted.” Id. at 363.