Case law

People of Michigan v. Ralph Harvey Cottenham

Michigan Court of Appeals · May 15, 2018

Sweet was granted immunity from prosecution, and defendant was charged with open murder. … When the issue arises, the court must order the defendant’s examination by the [Center for Forensic Psychiatry] or other qualified facility. MCL 330.2026(1).

People of Michigan v. Ralph Harvey Cottenham

Michigan Court of Appeals · May 15, 2018

Sweet was granted immunity from prosecution, and defendant was charged with open murder. … When the issue arises, the court must order the defendant’s examination by the [Center for Forensic Psychiatry] or other qualified facility. MCL 330.2026(1).

Judy Sanderson v. Unemployment Insurance Agency

Michigan Court of Appeals · Aug 23, 2018

, MCL 691.1413.3 In that case, the plaintiffs alleged that the defendants, through their land use decisions, id. at 267, “tortuously interfered with their established and prospective business relationships . . . .” … “If the language of the statute is unambiguous, the Legislature must have intended the meaning clearly expressed, and the statute must be enforced as written.” Id.

People of Michigan v. Sherikia Lavette Hawkins

Michigan Court of Appeals · Jan 20, 2022

The district court correctly stated that to establish violation of MCL 168.932(c), the prosecution must establish: one, the defendant was a city clerk, two, as clerk the defendant had lawful custody of a record … The circuit court’s resolution of defendant’s motion to quash the bindover did not establish the law of the case.

Judy Sanderson v. Unemployment Insurance Agency

Michigan Court of Appeals · Aug 23, 2018

, MCL 691.1413.3 In that case, the plaintiffs alleged that the defendants, through their land use decisions, id. at 267, “tortuously interfered with their established and prospective business relationships . . . .” … “If the language of the statute is unambiguous, the Legislature must have intended the meaning clearly expressed, and the statute must be enforced as written.” Id.

in Re Miller Minors

Michigan Court of Appeals · Mar 3, 2015

Mayle also had been previously qualified before the trial court as an expert in child counseling, trauma assessment, and trauma counseling and had also been qualified as an expert in another family court. … Accordingly, on the record, the factual elements of MCL 712A.19b(3)(g) and (j) were met and the trial court did not clearly err in finding by clear and convincing evidence those two grounds for termination of respondent’s

In Re G Vanderark Minor

Michigan Court of Appeals · Sep 19, 2024

The trial court found that any “reasonable person” would have seen that TF was dying from starvation, and the video evidence clearly supported that finding. … Well, he’s allergic to immunizations, this is whatever, but I don’t remember what I did. [GV] was upstairs, not downstairs, but I don’t remember what I did.

Marilyn Lafave v. Joseph a Lafave

Michigan Court of Appeals · Jun 25, 2015

The court further indicated that “[t]he testimony established that these parties consulted with one another regarding expenditures and always treated their resources as joint assets.” … “We review for clear error a trial court’s findings of fact regarding whether a particular asset qualifies as marital or separate property.” Woodington v Shokoohi, 288 Mich App 352, 357; 792 NW2d 63 (2010).

In Re H Wardia Minor

Michigan Court of Appeals · Jun 23, 2022

The “ICWA establishes various substantive and procedural protections intended to govern child custody proceedings involving Indian children.” Id. at 99. … The evidence must include the testimony of at least 1 qualified expert witness . . . . ,” MCL 712B.15(2).

O in Re S L Kordupel Minor

Michigan Court of Appeals · Mar 30, 2023

DHHS attempted to locate a therapist but was unsuccessful, because of both the lack of a qualified therapist in the area and the COVID-19 pandemic. … DHHS thus made reasonable efforts to provide therapy with the objectives of establishing a bond and attachment between SK and respondent and addressing SK’s trauma.

Mary Free Bed Rehab Hosp v. Farmers Ins Group of Companies

Michigan Court of Appeals · Dec 22, 2015

“If the language of the statute is unambiguous, the Legislature must have intended the meaning clearly expressed, and the statute must be enforced as written.” … Along the same lines, MCL 500.3114(4)(b) plainly states, “vehicle -5- occupied” without qualifying the type of vehicle.

People v. Brown

279 Mich. App. 116 · Michigan Court of Appeals · May 22, 2008

“Collateral estoppel applies only where the basis of the prior judgment can be ascertained clearly, definitely, and unequivocally.” Id. … Further, because Evans was qualified as an expert witness, the lower-court record supports the prosecutor’s argument that Evans was reputable. Accordingly, defendant’s claim is without merit.

Donald W Weingartz v. Lori a Weingartz

Michigan Court of Appeals · Mar 2, 2023

“Findings of fact, such as a trial court’s valuation of particular marital assets, will not be reversed unless clearly erroneous.” Id. … Even so, defendant has not established that the difference in the parties’ monthly incomes stems from an inequitable distribution of marital assets.

In re the Commissioner of the Michigan Financial Institutions Bureau

116 Mich. App. 267 · Michigan Court of Appeals · May 19, 1982

After the establishment of the receivership in 1971, several lawsuits were filed against certain officers and directors of the bank, its insurers and Triple B. Two lawsuits merit particular mention. … Clearly, the plain and unambiguous language of this provision mandates distribution of a liquidating dividend to shareholders in proportion to the number of shares held.

in Re Taylor Minors

Michigan Court of Appeals · Aug 20, 2015

She also refused to have her children immunized and declined recommended antibiotics before GT’s delivery despite testing positive for Strep B. … Respondent-mother argues that the trial court erred in finding that clear and convincing evidence established MCL 712A.19b(3)(k)(iii) because the court did not find that she seriously abused GT.

In Re Justin Paul Di Rezze Md

Michigan Court of Appeals · Sep 17, 2025

The respondent’s expert witness, Iris Boettcher, M.D., was qualified as an expert in internal and geriatric medicine. Dr. … The ALJ clearly found Dr. Krissoff’s testimony on this issue more persuasive than respondent’s.

People of Michigan v. David Andrew Mather

Michigan Court of Appeals · Oct 14, 2014

Instead, he denies that stalking was established. … Because defendant and JE lived together for such a brief time period and there was no evidence of manipulation, the trial court clearly erred in finding that OV 10 was established by a preponderance of the evidence.

Tim Madsen v. Kohl's Department Stores Inc

Michigan Court of Appeals · Jun 10, 2021

Even if a plaintiff engages in “protected activity,” this “does not immunize him from an otherwise legitimate, or unrelated, adverse job action.” Id. at 187. … Defendants concede that plaintiff established a prima facie case of age discrimination because he was 55 years old when he was terminated, and in spite of his declining performance he was still qualified for the position

20250212_C366529_51_366529.Opn.Pdf

Michigan Court of Appeals · Feb 12, 2025

Defendants also argue that the BGS agreement qualified as an ASA because the agreement was described in Exhibit A. This argument is also barred by the facts supporting the trial court’s holdings. … Plaintiff has not established that the trial court clearly erred by determining that $181,468.88 provided fair market value for plaintiff’s provision of BGS services.

Michigan Afscme Council 25 v. County of Wayne

Michigan Court of Appeals · Aug 8, 2024

The 2006 Health and Welfare Benefit Plan clearly indicated: “All employees hired or rehired on or after December 1, 1990 shall not be eligible for health care benefits . . . upon retirement unless … The arbitrator found that, if the conduct established a separate provision, as plaintiff contended, there was no express repudiation of the 30-year practice and defendant did not change its practice until 2010, two years