Case law

People of Michigan v. Tracie Marie Carter

Michigan Court of Appeals · Jan 22, 2015

If she fails to establish this factual predicate, she not established that there was a reasonable probability that the outcome of the proceeding would have been different but for defense counsel’s error. … Further, as mentioned above, defense counsel extensively cross-examined Richardson regarding his findings and clearly established that the physical evidence in Apartment 1 only revealed that the fire “was started by the human

Michael Gorbe v. City of Lathrup Village

Michigan Court of Appeals · Jan 19, 2023

action, (3) she was qualified for the position, and (4) she was replaced by a younger person … Rucker clearly satisfied the first three elements of a claim for unlawful retaliation.

Peggy Davy v. Human Development Commission

Michigan Court of Appeals · Apr 6, 2023

The comment was not directed at plaintiff and not clearly reflective of discriminatory bias. … Misener’s other comments, about Offenbecher being close to retirement age, were factually correct, and were not clearly reflective of discriminatory bias.

In Re M S Threatt Minor

Michigan Court of Appeals · Jan 22, 2026

“Title II of the [Americans with Disabilities Act (ADA), 42 USC 12101 et seq.] requires that ‘no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the … A respondent must establish that he or she would have fared better had different services been offered. Sanborn, 337 Mich App at 264. Reasonable efforts were made to reunify respondent with MST.

In Re epps/jackson Minors

Michigan Court of Appeals · Oct 19, 2023

The evidence must include the testimony of at least 1 qualified expert witness . . . .” [MCL 712B.15(2).] … The trial court explained: In the interim the Court finds it’s clearly contrary to these five children to be in any home in which the mother, [DE] . . . or [JJ], resides.

Antonette R Grant v. Al Troy Grant

Michigan Court of Appeals · Mar 11, 2025

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 direction.” … The trial court found, and the parties do not dispute, that the established custodial environment of the children was with plaintiff.

Alticor Inc v. Department of Treasury

Michigan Court of Appeals · Feb 9, 2016

To qualify as a sale, the consideration must be received for the performance of services that constitute business activities. … The Court ultimately held that the affiliate had established a sufficient nexus with California, declining to hold that the parent company was the actual employer of the shared employees because the facts did not establish

In Re D M Spears Minor

Michigan Court of Appeals · Mar 30, 2023

Norat’s knowledge, skills, experience, and training, and concluded that he was a qualified expert. Further, there was no evidence presented to suggest Dr. … Additionally, evidence presented in the trial court established that respondent was aggressive and physically assaulted DS’s mother in front of DS.

W a Foote Memorial Hospital v. Michigan Assigned Claims Plan

321 Mich. App. 159 · Michigan Court of Appeals · Aug 31, 2017

Plaintiff further argues that Covenant satisfies the initial threshold question for determining whether prospective application is warranted, i.e., "whether the decision clearly established a new principle of law." … Covenant did not "clearly establish[ ] a new principle of law," Pohutski , 465 Mich. at 696 , 641 N.W.2d 219 , because MCL 500.3112 at no time provided *192 plaintiff with a right of action against defendants, and the intervening

People of Michigan v. Loren John Smith Jr

Michigan Court of Appeals · Jul 2, 2024

To the extent such qualifies as “operating” the vehicle under the relevant criminal statutes, defendant contends they are unconstitutionally vague. … LAW AND ANALYSIS “When reviewing the constitutionality of a statute, we apply the well-established rule that a statute is presumed to be constitutional unless its unconstitutionality is clearly apparent.”

People of Michigan v. James Scott

Michigan Court of Appeals · May 10, 2018

This qualifies as an assault, which is defined as “an unlawful act which places another in reasonable apprehension of receiving an immediate battery.” … Viewing the evidence in the light most favorable to the prosecution, there is sufficient evidence to establish that defendant assaulted or put the victim in fear while taking her phone. MCL 750.530(2).

Elizabeth Anne Dandan v. Saar Dandan

Michigan Court of Appeals · May 23, 2025

It is the petitioner’s burden to establish eligibility in visa petition proceedings. … Plaintiff has not demonstrated that she qualifies for any of them. B.

People of Michigan v. Dejhan Quenzelle Sanders

Michigan Court of Appeals · Jun 24, 2021

The evidence did not clearly preponderate against the verdict. … Defendant has not established the factual predicate for this claim.

in Re Kmn Minor

Michigan Court of Appeals · Feb 26, 2015

not established and return KMN to Nelson. … Therefore, they do not qualify for a preference under 25 US 1915(a).

In Re Smith-Taylor Minors

Michigan Court of Appeals · May 21, 2026

Nonetheless, a thorough review of the record indicates that the trial court did not clearly err when it found that the statutory grounds for termination were established by clear and convincing evidence. … Further, the record clearly established that these conditions were unlikely to be rectified within a reasonable time.

People of Michigan v. Dontez Ryan Boykins

Michigan Court of Appeals · Jan 21, 2021

In this case, the sexual assault and choking that the victim experienced clearly qualifies as a starting event. See id. at 552. … Clearly, the parties and the trial court were incorrect in agreeing at the sentencing hearing that defendant was not subject to lifetime electronic monitoring.

in Re D R Wolf Minor

Michigan Court of Appeals · Nov 20, 2018

Respondent next argues that the trial court clearly erred in finding that statutory grounds for termination were established pursuant to MCL 712A.19b(3)(c) and in finding that termination was in the child’s best interests … The trial court did not clearly err when it found that this condition had not been rectified.

Straus v. Governor

230 Mich. App. 222 · Michigan Court of Appeals · Sep 10, 1998

Governor [ ( On Remand, After Remand ), 214 Mich.App. 604 , 543 N.W.2d 363 (1995) ] speak clearly on that issue. … the Department of Education in the executive branch, (2) established the state board as the head of the Department of Education, (3) established the superintendent as the principal executive officer of the Department of

Raymond J Carey v. Foley & Lardner LLP

Michigan Court of Appeals · Mar 15, 2016

In accordance with MCR 2.116(C)(7), a party may file a motion to dismiss a lawsuit when “[e]ntry of judgment, dismissal of the action, or other relief is appropriate because of . . . immunity granted by law [or] statute of … The federal district court clearly rejected plaintiff’s contention that his compensation by defendant was discriminatory.

Michelle Busuito v. Dte Energy Company

Michigan Court of Appeals · Aug 21, 2025

Likewise, plaintiffs could not establish that URG’s actions were a proximate cause of plaintiffs’ damages. … The trial court dismissed those claims under MCR 2.116(C)(7) on the basis of governmental immunity.