Case law

Estate of Lake Jacobson v. Matthew Hornbeck

Michigan Court of Appeals · Jul 22, 2021

In a two-count negligence complaint filed against the officers and Sakstrup, plaintiff alleged that the officers willfully disregarded numerous visible signs that Houge was intoxicated, signs that plaintiff alleged were clearly … Plaintiff’s first amended complaint contains no allegation that a special relationship existed between plaintiff and defendant officers, and plaintiff has failed to establish that the officers owed a duty to the decedent.

Estate of Douglas Widmar v. William Beaumont Hospital

Michigan Court of Appeals · Nov 9, 2023

The Court alluded to the trial court’s well- established gatekeeping role in determining the reliability of expert testimony. Id. at 571 n 16. … Salzman is not qualified to offer standard-of-care testimony against them, and whether Dr.

Joseph Constant v. Leland Prince

Michigan Court of Appeals · Aug 16, 2018

Neither of these cited reasons establishes any bias, prejudice or bigotry by Judge Warren. … The Plaintiff's seriatim amendments clearly result in needless incurring of additional costs and fees by the Defendant.

Joseph Constant v. Leland Prince

Michigan Court of Appeals · Aug 16, 2018

Neither of these cited reasons establishes any bias, prejudice or bigotry by Judge Warren. … The Plaintiff's seriatim amendments clearly result in needless incurring of additional costs and fees by the Defendant.

People of Michigan v. Hazel Janae Cooper

Michigan Court of Appeals · May 8, 2025

Thus, the trial court did not clearly err in finding there was no “combative situation” such that only 10 points should have been assessed. … OV 10 Next, defendant argues that the trial court clearly erred when it concluded that the victim qualified as a “vulnerable victim” under MCL 777.40.

Attorney General v. Public Service Commission

243 Mich. App. 487 · Michigan Court of Appeals · Feb 14, 2001

However, in this capacity, the Attorney General is not immune from application of the rules of professional conduct. … We approve of this procedure, which clearly removes the taint of perceived conflict. [Emphasis added.]

People of Michigan v. Tremell C Mathews

Michigan Court of Appeals · Sep 2, 2021

There are, however, several specifically established exceptions to the warrant requirement. … Thus, to the extent that the dissent relies upon an impound inventory card or Officer Hill’s bodycam footage to establish that the search was a valid inventory search or to establish a question of fact on that issue, such

In Re P a S Lindsey Minor

Michigan Court of Appeals · Mar 12, 2026

the evidence at the adjudicative hearing that the child came within the jurisdiction of the court,” and (3) the court finds by clear and convincing legally admissible evidence that a statutory ground for termination is established … The Children’s Protective Services (CPS) specialist, who was qualified as an expert, testified that the way MR disclosed the assault—through a peer—was a fairly typical way that children disclose sexual abuse.

In Re Cross Minors

Michigan Court of Appeals · Nov 10, 2022

Accordingly, the trial court did not clearly err by finding that clear and convincing evidence established statutory grounds for termination of respondent’s parental rights under MCL 712A.19b(3)(c)(i). … The trial court properly considered the applicable factors and it did not clearly err by finding that a preponderance of the evidence established that the best interests of the children would be served by terminating respondent

Estate of Martel Robertson v. Ladarius Deangelo Johnson

Michigan Court of Appeals · Jan 22, 2019

”  “Nor is there a Michigan case that establishes that a leasor [sic] of a vehicle is somehow immune from a claim of ordinary negligence as U-Haul appears to claim in this appeal.” … Without any explanation, the majority premises its holding on an issue that has clearly been waived.

Bob Woodward v. Christopher Schwartz

Michigan Court of Appeals · Apr 17, 2018

Clearly, Chaban is a “judgment debtor” given the circuit court’s entry of the judgment for sanctions in favor of plaintiff against Chaban. … SECTION 522(c) – PROPERTY EXEMPTED Chaban correctly asserts that, under § 522(c), which “establishes the postbankruptcy relationship between ‘property exempted’ in the bankruptcy case and prepetition debts..”

People of Michigan v. Nicholas James Patton

325 Mich. App. 425 · Michigan Court of Appeals · Aug 2, 2018

Detective Peek was received at the preliminary examination as an expert witness qualified in the area of forensic examination of electronic devices. … But that case is clearly distinguishable from the instant case.

People of Michigan v. Nicholas Gage Bauer

Michigan Court of Appeals · Nov 24, 2025

And MCR 2.511(E)(1) permits a party to challenge a prospective juror for cause if the party discovers a juror is not qualified. … Assuming arguendo that three of defendant’s jurors were not qualified to serve pursuant to MCL 600.1307a(1)(d) because of their recent prior jury service, we nevertheless conclude that defendant has not established that he

Bob Woodward v. Christopher Schwartz

Michigan Court of Appeals · Apr 17, 2018

Clearly, Chaban is a “judgment debtor” given the circuit court’s entry of the judgment for sanctions in favor of plaintiff against Chaban. … SECTION 522(c) – PROPERTY EXEMPTED Chaban correctly asserts that, under § 522(c), which “establishes the postbankruptcy relationship between ‘property exempted’ in the bankruptcy case and prepetition debts..”

Mary S Orlebeke v. Timothy J Orlebeke

Michigan Court of Appeals · Jul 23, 2015

The party seeking to amend a parenting-time order—in this case, defendant—bears the burden of establishing proper cause or a change of circumstances. … points out, in Bowers v Bowers, 198 Mich App 320, 324; 497 NW2d 602 (1993), we held that in reviewing a trial court’s factual findings in a child custody case under the great weight of the evidence standard, “a court may not immunize

People of Michigan v. Tremell C Mathews

Michigan Court of Appeals · Sep 2, 2021

There are, however, several specifically established exceptions to the warrant requirement. … Thus, to the extent that the dissent relies upon an impound inventory card or Officer Hill’s bodycam footage to establish that the search was a valid inventory search or to establish a question of fact on that issue, such

In Re Dmf

Michigan Court of Appeals · Mar 14, 2024

The probate court determined that clear and convincing evidence established that respondent “clearly suffers from mental illness, that being schizoaffective disorder, bipolar type” that impaired her judgment and understanding … A respondent need only qualify as a “person requiring treatment” under one subdivision of MCL 330.1401(1) to support a probate court’s order for mental-health treatment.

Carla Ellen Skaates v. Nathan Kayser

Michigan Court of Appeals · Jul 16, 2020

Instead, the agreement reveals that the parties clearly wished to be married and remain married, and the agreement was meant to help facilitate this. … This general rule is qualified, however, by the requirement that the “initial breach is substantial.” Id. (emphasis added).

Estate of James D Branch v. Kevin Rudolph

Michigan Court of Appeals · May 1, 2025

(c) In any manner established in a written agreement of the members. … Plaintiff was not terribly specific about what claims applied to what parties, but plaintiff clearly pleaded claims of membership oppression and failure to provide an accounting under the MLLCA against STL.

Sally Ann Beauchamp v. Ronald Robert Beauchamp

Michigan Court of Appeals · Oct 23, 2018

A finding of fact “is clearly erroneous if, after a review of the entire record, the reviewing court is left with the definite and firm conviction that a mistake was made.” Id. … However, events that occurred after the trial court’s initial determinations regarding spousal support do not establish an abuse of discretion necessary to reverse the trial court’s order.